Amend the bill by inserting after the title and before the enacting clause the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, tourism is a vital industry in Maine; and
Whereas, the restaurant and hospitality industries are essential components of the tourism industry; and
Whereas, tipped service employees are of crucial importance to the restaurant and hospitality industries; and
Whereas, adjustment to the minimum wage laws concerning tipped service employees is necessary before the summer tourism season begins; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 26 MRSA §664, sub-§2, as amended by IB 2015, c. 2, §2, is further amended to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’
This amendment keeps the provisions in the bill restoring the tip credit in the minimum wage laws, and it makes the following additional changes to current law.
1. It clarifies that for purposes of the tip credit, wages must be measured in the context of the 7-day workweek.
2. It clarifies that an employer may not deduct any amount from employee tips charged to a credit card, including, but not limited to, service fees assessed to the employer in connection with the credit card transaction.
3. It adopts the current requirements in federal law, found at 29 Code of Federal Regulations, Section 531.54 and 29 Code of Federal Regulations, Section 531.59(b), requiring an employer to provide notice to employees affected by the employer’s use of a tip credit and the employer’s use of a tip pooling arrangement.
The amendment also adds an emergency preamble and clause.