HB 335 is a 2024 bill introduced by Delegate Debra D. Gardner, D-Chesterfield. It deals with employment and determining the wages of tipped employees.
As of April 30, 2021, the Fair Labor Standards Act (FLSA) states employers cannot keep employees’ tips. This includes tips received through tip pools.
Summary of the bill
The bill was directed to the Department of Labor and Industry to study increasing tipped employee wages and address wage theft by employers of tipped employees.
The bill provides that an employer shall increase the amount paid to its tipped employees by an amount determined by the employer, according to the federal Fair Labor Standards Act.
Also, a tipped employee who regularly performs services during his employment for which there is no reasonable expectation of receiving tips shall receive an amount not less than the minimum wage for the time that he or she performs such services.
The bill provides that tipped employees shall receive a cash wage of not less than the following amounts during those particular years.