---

Session of 1999
          SENATE BILL No. 265           By Senators Biggs, Downey, Gilstrap, Gooch, Hensley, Jones, Petty and           Stephens           2-8          

---

10             AN  ACT concerning the minimum wage and maximum hours law;
11             amending K.S.A. 44-1203 and repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 44-1203 is hereby amended to read as follows: 44-
15       1203. (a) Except as otherwise provided in the minimum wage and maxi-
16       mum hours law, every employer shall pay to each employee wages at a
17       rate of not less than $2.65 $5 an hour. In calculating such minimum wage
18       rate, an employer may include tips and gratuities received by an employee
19       in an amount equal to not more than 40% of the minimum wage rate if
20       such tips and gratuities have customarily constituted part of the remu-
21       neration of the employee and if the employee concerned actually received
22       and retained such tips and gratuities. The secretary shall require each
23       employer desiring approval of an allowance for gratuities to provide sub-
24       stantial evidence of the amounts of such gratuities on account of which
25       the employer has taken an allowance pursuant to this section.
26             (b) The provisions of this section shall not apply to any employers
27       and employees who are covered under the provisions of section 6 of the
28       fair labor standards act of 1938 as amended (29 U.S.C.A. § 206), and as
29       amended by the fair labor standards amendments of 1974 and any other
30       acts amendatory thereof or supplemental thereto. 
31       Sec.  2. K.S.A. 44-1203 is hereby repealed.
32        Sec.  3. This act shall take effect and be in force from and after its
33       publication in the statute book.