Statute 44-1203: Same; minimum wage; computation; applicability of
section.
(a) Except as otherwise provided in the minimum wage and maximum
hours law, every employer shall
pay to each employee wages at a rate of not less than $2.65 an hour.
In calculating such minimum wage rate, an
employer may include tips and gratuities received by an employee in an
amount equal to not more than 40%
of the minimum wage rate if
such tips and gratuities have customarily constituted part of the
remuneration of the employee and if the employee concerned actually
received and retained such tips and gratuities. The secretary shall
require each employer desiring approval of an allowance for gratuities
to provide substantial evidence of the amounts of such gratuities on
account of which the employer has taken an allowance pursuant to this
section.
(b) The provisions of this section shall not apply to any employers
and employees who are covered under the provisions of section 6 of the
fair labor standards act of 1938 as amended (29 U.S.C.A. § 206), and as
amended by the fair labor standards amendments of 1974 and any other
acts amendatory thereof or supplemental thereto.
History: L. 1977, ch. 179, § 5;
L. 1988, ch. 175, § 2; July 1.