An Act To Help Small Businesses by Establishing an Alternate Minimum Wage
Sec. 1. 26 MRSA §42-B, sub-§1, ¶F, as enacted by PL 2017, c. 219, §2, is amended to read:
Sec. 2. 26 MRSA §664, sub-§2, as amended by PL 2017, c. 272, §1, is further amended to read:
The tips received by a service employee become the property of the employee and may not be shared with the employer. Tips that are automatically included in the customer's bill or that are charged to a credit card must be treated like tips given to the service employee. A tip that is charged to a credit card must be paid by the employer to the employee by the next regular payday and may not be held while the employer is awaiting reimbursement from a credit card company. The 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.
An employer who elects to use the tip credit must inform the affected employee in advance, either orally or in writing, of the following information:
Sec. 3. 26 MRSA §664-A is enacted to read:
§ 664-A. Alternate minimum wages
This bill creates an alternate minimum wage applicable to employees of a small employer, to the first 90 consecutive days of employment for employees who are under 20 years of age and to employees who are under 18 years of age. The wage is $9.75 starting January 1, 2020 and will be increased by any increase in the cost of living starting January 1, 2021 and every subsequent January 1st.