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State of South Dakota  
EIGHTIETH SESSION
LEGISLATIVE ASSEMBLY,  2005
 

554L0450  
SENATE BILL   NO.     173  

Introduced by:     Senators Koetzle and Kooistra and Representatives Haley and Cutler  



         FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding the minimum wage for tipped employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 60-11-3.1 be repealed.
     60-11-3.1.   Any employer of a tipped employee shall pay a cash wage of not less than two dollars and thirteen cents an hour if the employer claims a tip credit against the employer's minimum wage obligation. If an employee's tips combined with the employer's cash wage of not less than two dollars and thirteen cents an hour do not equal the minimum hourly wage, the employer shall make up the difference as additional wages for each regular pay period of the employer.
     A "tipped employee" is one engaged in an occupation in which the employee customarily and regularly receives more than thirty-five dollars a month in tips or other considerations.
     This section does not apply to babysitters or outside salesmen.


300 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.029 per page.
 
.   Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.