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| To enact sections 4111.18 and 4111.19 of the Revised | 1 |
| Code to prohibit an employer from requiring the | 2 |
| employer's employees to participate in a tip pool. | 3 |
| Section 1. That sections 4111.18 and 4111.19 of the Revised | 4 |
| Code be enacted to read as follows: | 5 |
| Sec. 4111.18. (A) As used in sections 4111.18 and 4111.19 of | 6 |
| the Revised Code: | 7 |
| (1) "Employee" and "employer" have the same meanings as in | 8 |
| section 4111.14 of the Revised Code. | 9 |
| (2) "Gratuity" means a voluntary monetary contribution | 10 |
| received by an employee from a guest, patron, or customer for | 11 |
| services provided by the employee. | 12 |
| (3) "Tip pool" means a system by which an employee is | 13 |
| required to pay any gratuity received by the employee into a | 14 |
| common fund for distribution among multiple employees of the | 15 |
| employer. | 16 |
| (B) No employer shall require an employee of the employer to | 17 |
| participate in a tip pool. | 18 |
| (C) Nothing in this section shall be construed to prevent | 19 |
| either of the following: | 20 |
| (1) Employees of an employer from voluntarily entering into | 21 |
| an agreement to divide gratuities among themselves; | 22 |
| (2) An employer from voluntarily providing custodial services | 23 |
| for the safekeeping of funds to be divided among employees | 24 |
| according to an agreement entered into under division (C)(1) of | 25 |
| this section. | 26 |
| (D) Any account managed by an employer pursuant to division | 27 |
| (C)(2) of this section shall be properly identified, segregated | 28 |
| from other business records, and open to examination by an | 29 |
| employee for whom the account is held. | 30 |
| Sec. 4111.19. (A) Except as provided in division (B) of this | 31 |
| section, an employer who requires an employee of the employer to | 32 |
| participate in a tip pool in violation of section 4111.18 of the | 33 |
| Revised Code is liable to the affected employee for both of the | 34 |
| following: | 35 |
| (1) The full amount that the employee would have received in | 36 |
| tips absent the tip pool, less any amount actually paid to the | 37 |
| employee from the tip pool; | 38 |
| (2) The costs and reasonable attorney's fees as may be | 39 |
| allowed by the court. | 40 |
| (B) An employer who requires an employee of the employer to | 41 |
| participate in a tip pool in violation of section 4111.18 of the | 42 |
| Revised Code knowing that the requirement is prohibited under | 43 |
| state law is liable to the affected employee for both of the | 44 |
| following: | 45 |
| (1) Double the difference between the full amount that the | 46 |
| employee would have received in tips absent the tip pool and the | 47 |
| amount actually paid to the employee from the tip pool; | 48 |
| (2) The costs and reasonable attorney's fees as may be | 49 |
| allowed by the court. | 50 |