Bill Text: MN HF809 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Gratuity sharing notice provided, and employers authorized to safeguard and disburse shared gratuities.
Sponsorship: Partisan Bill (Republican 7)
Status: (Introduced - Dead) 2011-05-16 - HF indefinitely postponed [HF809 Detail]
Download: Minnesota-2011-HF809-Engrossed.html
1.2relating to employment; providing notice of sharing of gratuities and authorizing
1.3employers to safeguard and disburse shared gratuities;amending Minnesota
1.4Statutes 2010, section 177.24, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 177.24, subdivision 3, is amended to read:
1.7 Subd. 3. Sharing of gratuities. For purposes of this chapter, any gratuity received
1.8by an employee or deposited in or about a place of business for personal services rendered
1.9by an employee is the sole property of the employee. No employer may require an
1.10employee to contribute or share a gratuity received by the employee with the employer
1.11or other employees or to contribute any or all of the gratuity to a fund or pool operated
1.12for the benefit of the employer or employees. This section does not prevent an employee
1.13from voluntarilyand individually sharing gratuities with other employees. The agreement
1.14to share gratuities must be made by the employees free of any employer participation,
1.15except that an employer may:
1.16(1) upon the request of employees, safeguard gratuities to be shared by employees
1.17and disburse shared gratuities to employees participating in the agreement;
1.18(2) report the amounts received as required for tax purposes; and
1.19(3) post a copy of this section for the information of employees.
1.20The commissioner may require the employer to pay restitution in the amount of the
1.21gratuities diverted. If the records maintained by the employer do not provide sufficient
1.22information to determine the exact amount of gratuities diverted, the commissioner may
1.23make a determination of gratuities diverted based on available evidence and mediate
1.24a settlement with the employer.
1.3employers to safeguard and disburse shared gratuities;amending Minnesota
1.4Statutes 2010, section 177.24, subdivision 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 177.24, subdivision 3, is amended to read:
1.7 Subd. 3. Sharing of gratuities. For purposes of this chapter, any gratuity received
1.8by an employee or deposited in or about a place of business for personal services rendered
1.9by an employee is the sole property of the employee. No employer may require an
1.10employee to contribute or share a gratuity received by the employee with the employer
1.11or other employees or to contribute any or all of the gratuity to a fund or pool operated
1.12for the benefit of the employer or employees. This section does not prevent an employee
1.13from voluntarily
1.14to share gratuities must be made by the employees free of any employer participation,
1.15except that an employer may:
1.16(1) upon the request of employees, safeguard gratuities to be shared by employees
1.17and disburse shared gratuities to employees participating in the agreement;
1.18(2) report the amounts received as required for tax purposes; and
1.19(3) post a copy of this section for the information of employees.
1.20The commissioner may require the employer to pay restitution in the amount of the
1.21gratuities diverted. If the records maintained by the employer do not provide sufficient
1.22information to determine the exact amount of gratuities diverted, the commissioner may
1.23make a determination of gratuities diverted based on available evidence and mediate
1.24a settlement with the employer.
