H.R. 85

119th CONGRESS 1st Session

To amend the Fair Labor Standards Act of 1938 to allow the pooling of tips among all employees, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · January 3, 2025 · Sponsor: Mr. Biggs of Arizona · Committee: Committee on Education and Workforce

Table of contents

• H.R. 85
  • SEC. 1. Short title
  • SEC. 2. Tip pooling

SEC. 1. Short title

• This Act may be cited as the Small Business Flexibility Act.

SEC. 2. Tip pooling

• Section 3(m)(2) of the Fair Labor Standards Act () is amended— 29 U.S.C. 203(m)(2)
  • in subparagraph (A)(ii), by striking employees who customarily and regularly receive tipsand inserting pools of employees described in subparagraph (C); and
    • The pools of employees described in this subparagraph are as follows:
      • (i) Employees who customarily and regularly receive tips.
      • (ii) Employees who—
      • customarily and regularly receive tips and receive a cash wage paid by the employer that is not less than the wage in effect under section 6(a)(1); and
      • do not customarily and regularly receive tips.
  • by adding at the end the following: