What changed between these versions
A small clarification and refinement. The definition of a "tipped employee" in Section 3(t) of the FLSA was refined to clarify the language regarding the wage calculation and to specify the types of work periods an employer may use for evaluation, replacing "1 month" with "every 28 days" for greater precision.
Overview
A handful of minor textual refinements. · The overall direction is a clarification and tightening of the language, making the definition of "tipped employee" more precise regarding wage calculation and work period options.
The bill's definition of "tipped employee" was refined in Section 3(t) of the Fair Labor Standards Act of 1938. Specifically, the language for calculating the combined cash wage and tips was rephrased for clarity, and the illustrative list of employer-determined work periods was updated to replace "1 month" with "every 28 days," providing a more consistent maximum period. The core intent of the bill, to revise the definition of "tipped employee," remains unchanged.
Modifications
No change in operative impact; "greater than or equal to" and "not less than" convey the same legal threshold. This is a minor textual refinement for stylistic consistency.
Before
Stated that the combined rate of tips and cash wages must be "greater than or equal to" the wage in effect under section 6(a)(1).
After
States that the combined rate of tips and cash wages must be "not less than" the wage in effect under section 6(a)(1).
This change provides more precise options for employers to define the work period over which tips and cash wages are evaluated. Replacing "1 month" with "every 28 days" standardizes the maximum period, removing the variability associated with calendar months and potentially shortening the maximum evaluation period in some cases. The change from "may be" to "such as" indicates the list is illustrative rather than exhaustive.
Before
Defined the "period described in this paragraph" as one determined by the employer, which "may be" 1 day, 1 week, every other week, every pay period, or 1 month.
After
Defines a "work period described in this paragraph" as one determined by the employer of the employee, "such as" 1 day, 1 week, every 2 weeks, every 28 days, or every pay period.