New Hampshire Amends Minimum Wage Law Regarding Tipped
Employees
July 26, 2010 - Recently, New
Hampshire's minimum wage law was amended
in regard to tipped employees. The law now
provides that employees of take-out restaurant businesses who
deliver meals can be treated as a tipped
employee.
Specifically, the law has been amended to state that
"restaurant" includes an "establishment in a
temporary or permanent building, kept, used maintained, advertised
and held out to the public to be a place where meals are regularly
prepared or served for which a charge is made and where seating and
table service is available for customers or where delivery services
are available." The definition does not apply to businesses where
food is not primarily prepared and served. The law was also changed
to clarify that the term "tipped employees" does
include employees who deliver meals prepared in a restaurant to a
customer's location.
Under New Hampshire minimum wage law,
tipped employees of a restaurant,
hotel, motel, inn or cabin, who customarily and regularly receive
more than $30 per month in tips, will be given a base wage of no
less than 45% of the applicable minimum wage
rate.
This amendment is effective until December 31, 2011, when that
law reverts back to its pre-amended version. Our legal research
staff does not expect this change to affect the New
Hampshire Minimum Wage poster or any
other New Hampshire labor law poster.