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Small Business Flexibility Act
To amend the Fair Labor Standards Act of 1938 to allow the pooling of tips among all employees, and for other purposes.
Summary
This bill amends the Fair Labor Standards Act to modify tip pooling rules for employees. Currently, tip pooling is limited to employees who customarily and regularly receive tips. The bill would allow two types of tip pools: employees who regularly receive tips, or a mixed pool of employees who regularly receive tips (and earn at least the federal minimum wage) along with employees who do not regularly receive tips. This would permit employers to combine tips between tipped and non-tipped workers under certain conditions, expanding flexibility in how restaurants and other service businesses can handle tip distribution.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
- Rep. Biggs, Andy [R-AZ-5] (R-AZ)
Money behind the sponsor
Top reported contributors to Andy Biggs’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.
- SAULSBURY INDUSTRIES $9,900
- 21ST CENTURY HEALTHCARE $7,500
- ULINE $6,600
- TW LEWIS COMPANY $6,600
- LEE BENSON $6,600
Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Andy Biggs → · Outside spending →
Actions (2)
- Jan 3, 2025 Referred to the House Committee on Education and Workforce. · house
- Jan 3, 2025 Introduced in House
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Biggs of Arizona introduced the following bill; which was referred to the Committee on Education and Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to allow the pooling of tips among all employees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Small Business Flexibility Act”.
SEC. 2. TIP POOLING.
Section 3(m)(2) of the Fair Labor Standards Act (29 U.S.C. 203(m)(2)) is amended—
(1) in subparagraph (A)(ii), by striking “employees who customarily and regularly receive tips” and inserting “pools of employees described in subparagraph (C)”; and
(2) by adding at the end the following:
“(C) The pools of employees described in this subparagraph are as follows:
“(i) Employees who customarily and regularly receive tips.
“(ii) Employees who—
“(I) customarily and regularly receive tips and receive a cash wage paid by the employer that is not less than the wage in effect under section 6(a)(1); and
“(II) do not customarily and regularly receive tips.”. <all>
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