III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. Regulated industries will be impacted because the regulation
will allow employers to pay employees who spend up to 20 percent
of their time performing non-tip producing duties related to their
tipped occupation and be paid at a tipped employee rate.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
business. An analysis of this economic impact follows.
The economic impact on small businesses will be positive as
small businesses will have the flexibility to pay the tipped
employee wage rate to employees who spend up to 20 percent of
their work time performing non-tip producing duties related to
their tipped occupation.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Debbie Stone, Regulations Coordinator,
Department of Labor, Licensing, and Regulation, Division of Labor
and Industry, 1100 N. Eutaw Street, Room 606, Baltimore, Maryland
21201, or call 410-767-2225, or email to email@example.com,
or fax to 410-767-2986. Comments will be accepted through November
18, 2013. A public hearing will be held on November 5, 2013, at 10
a.m., 1100 N. Eutaw Street, Room 606, Baltimore, Maryland 21201,
for the purpose of affording interested persons the opportunity to
submit data or comments in writing or orally. Any interested
person desiring to participate in this hearing should give written
notification of intention to appear not later than October 29,
2013, to Commissioner of Labor and Industry, Attention: Debbie
Stone, Regulations Coordinator, Division of Labor and Industry,
1100 North Eutaw Street, Room 606, Baltimore, Maryland 21201, or
call (410) 767-2225, or fax to (410) 767-2986, or email firstname.lastname@example.org.
The notice must state the name and address of the person to appear, the capacity in which the person will appear, and the approximate
amount of time required for the person's participation.
.19 Regular Hourly Rate.
A.—C. (text unchanged)
D. Gratuities and Tips.
(1)—(2) (text unchanged)
(3) A tipped employee’s wages must equal
at least the minimum wage when direct wages and tips are combined.
(4) A tipped employee who spends more than
20 percent of the employee’s work time performing non-tip
producing duties directly related to their tipped occupation shall
be paid by the employer at least the minimum wage for that time.
E. (text unchanged)
J. RONALD DEJULIIS
Commissioner of Labor and Industry