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Bill > HB4199


WV HB4199

WV HB4199
Relating to requiring employees that receive gratuities be paid at least the established state minimum wage hourly rate.


summary

Introduced
01/14/2026
In Committee
01/14/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to ensure that employees who receive gratuities as part of their wages are paid an hourly rate which, when combined with gratuities received, is not less than the state minimum wage.

AI Summary

This bill amends existing West Virginia law concerning how employers can credit tips and other benefits towards their employees' wages. Specifically, it changes the rules for employees who customarily receive gratuities, which are voluntary payments from customers, like tips at a restaurant. The bill states that when determining if an employer is paying an employee the required minimum wage and overtime, employers can receive a credit for up to 70% of the minimum wage for hours worked by employees who receive gratuities. However, this credit is only allowed if the employee, through their hourly pay combined with the gratuities they receive, earns at least the state's established minimum wage for all hours worked. The bill also clarifies that employers must provide documentary evidence to the commissioner, upon request, showing that the employee is indeed meeting or exceeding the minimum wage through their combined earnings.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

To House Finance (on 01/14/2026)

bill text


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