SB416 — relative to the pooling and sharing of tips among tipped employees.

SB 416 - AS AMENDED BY THE HOUSESENATE 02/19/2026 0507s 14May2026...SESSION 26-2001 06/09 SENATE BILL 416 AN ACT relative to the pooling and sharing of tips among tipped employees.

1830h SESSION 26-2001 06/09 SENATE BILL 416 AN ACT relative to the pooling and sharing of tips among tipped employees.

Commerce ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill:bill replaces the state restriction on tip pooling with the federal Fair Labor Standards Act rules governing the pooling and sharing of tips.

I.

Replaces the state restriction on tip pooling and sharing with the federal Fair Labor Standards Act rules governing tip pooling.

II.

Authorizes the labor commissioner to adopt rules regarding the practice of tip pooling and sharing.

III.

Requires that establishments which require or permit employee participation in tip pooling or sharing provide notice of such practice to patrons.

SB 416 - AS AMENDED BY THE HOUSESENATE 02/19/2026 0507s 14May2026...26-2001 06/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to the pooling and sharing of tips among tipped employees.

1830h 26-2001 06/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT relative to the pooling and sharing of tips among tipped employees.

I.Notwithstanding any other provision of this chapter, the pooling and sharing of tips by employees shall be governed by the provisions of the Fair Labor Standards Act of 1938, as amended (29 U.S.C.

Notwithstandingsection any201 otheret provisionseq.), of this chapter, the pooling and sharingregulations ofpromulgated tipsunder bysuch employeesact, shallincluding incorporatebut bynot referencelimited theto Fair Labor Standards Act of 1938, as amended, 29 U.S.C.C.F.R.

sectionsections 201531.50, et531.52, seq., and regulations531.54, promulgatedas underamended. such act, including but not limited to 29 C.F.R.

sections3 531.50,Effective 531.52,Date. 531.54, 531.55, 531.56, 531.57 as amended and as applicable.

II.

Notwithstanding any provision of law to the contrary, no employer shall impose a tip pooling or sharing arrangement that includes employees who are not employed in an occupation in which employees customarily and regularly receive tips.

III.

Paragraph II shall not apply to employees who engage in customer service functions and have direct interactions with customers in the chain of service in roles including, but not limited to, bartenders, bussers, hosts, and food runners.

IV.

Owners, managers, and supervisors of a business shall be prohibited from participating in a tip pool or tip share arrangement, even if these individuals provide direct service or have direct interactions with customers.

V.

The commissioner of the department of labor may adopt rules, pursuant to RSA 541-A, as may be relative to this section.

VI.

Any restaurant or establishment that requires or permits participation in a tip pooling arrangement shall provide notice of such practice to patrons.

The notice shall be provided by:

(a) Posting a sign in a conspicuous place easily accessible to and viewable by patrons;

or (b) Including a clear and conspicuous disclosure on the establishment's primary menu.

3 Definition of Tip Pooling.

Amend RSA 279:1, XIII to read as follows:

XIII.

"Tip pooling" means the [voluntary] practice by which the tip earnings of directly tipped employees within the same job category are intermingled in a common pool and then redistributed among participating employees.

4 Repeal.

RSA 279:1, XV, relative to the definition of coercion, is repealed.

5 Effective Date.