To enact sections 4111.18 and 4111.19 of the Revised Code to prohibit an employer from requiring the employer's employees to participate in a tip pool.

Section 1.  That sections 4111.18 and 4111.19 of the Revised Code be enacted to read as follows:

Sec. 4111.18.  (A) As used in sections 4111.18 and 4111.19 of the Revised Code:

(1) "Employee" and "employer" have the same meanings as in section 4111.14 of the Revised Code.

(2) "Gratuity" means a voluntary monetary contribution received by an employee from a guest, patron, or customer for services provided by the employee.

(3) "Tip pool" means a system by which an employee is required to pay any gratuity received by the employee into a common fund for distribution among multiple employees of the employer.

(B) No employer shall require an employee of the employer to participate in a tip pool.

(C) Nothing in this section shall be construed to prevent either of the following:

(1) Employees of an employer from voluntarily entering into an agreement to divide gratuities among themselves;

(2) An employer from voluntarily providing custodial services for the safekeeping of funds to be divided among employees according to an agreement entered into under division (C)(1) of this section.

(D) Any account managed by an employer pursuant to division (C)(2) of this section shall be properly identified, segregated from other business records, and open to examination by an employee for whom the account is held.

Sec. 4111.19.  (A) Except as provided in division (B) of this section, an employer who requires an employee of the employer to participate in a tip pool in violation of section 4111.18 of the Revised Code is liable to the affected employee for both of the following:

(1) The full amount that the employee would have received in tips absent the tip pool, less any amount actually paid to the employee from the tip pool;

(2) The costs and reasonable attorney's fees as may be allowed by the court.

(B) An employer who requires an employee of the employer to participate in a tip pool in violation of section 4111.18 of the Revised Code knowing that the requirement is prohibited under state law is liable to the affected employee for both of the following:

(1) Double the difference between the full amount that the employee would have received in tips absent the tip pool and the amount actually paid to the employee from the tip pool;

(2) The costs and reasonable attorney's fees as may be allowed by the court.