HB 2461--
Session of 1997
By Representatives Dean and Nichols, Burroughs, Dillon, Findley, Gil- bert, Grant, Kirk, Klein, J. Long, Pauls, E. Peterson, Phelps, Ruff, Sawyer, Sharp, Toelkes and Wells

11 AN ACT raising the state minimum wage; amending K.S.A. 44-1203 and 12 repealing the existing section. 13 14 Be it enacted by the Legislature of the State of Kansas: 15 Section 1. K.S.A. 44-1203 is hereby amended to read as follows: 44- 16 1203. (a) Except as otherwise provided in the minimum wage and maxi- 17 mum hours law, every employer shall pay to each employee wages at a 18 rate of not less than $2.65 an hour the federal minimum wage as estab- 19 lished by section 6 of the fair labor standards act of 1938 as amended and 20 as amended by the fair labor standards act of 1974. In calculating such 21 minimum wage rate, an employer may include tips and gratuities received 22 by an employee in an amount equal to not more than 40% of the mini- 23 mum wage rate if such tips and gratuities have customarily constituted 24 part of the remuneration of the employee and if the employee concerned 25 actually received and retained such tips and gratuities. The secretary shall 26 require each employer desiring approval of an allowance for gratuities to 27 provide substantial evidence of the amounts of such gratuities on account 28 of which the employer has taken an allowance pursuant to this section. 29 (b) The provisions of this section shall not apply to any employers 30 and employees who are covered under the provisions of section 6 of the 31 fair labor standards act of 1938 as amended (29 U.S.C.A. (section) & 206), and 32 as amended by the fair labor standards amendments of 1974 and any 33 other acts amendatory thereof or supplemental thereto. 34 (b) Notwithstanding the rate established in subsection (a), an em- 35 ployer may pay an employee of such employer, during the first 90 con- 36 secutive calendar days after such employee is initially employed by such 37 employer, a wage which is not less than $4.25 per hour. 38 (1) No employer may take any action to displace employees, including 39 partial displacements such as reduction in hours, wages or employment 40 benefits, for purposes of hiring individuals at the wage authorized by this 41 subsection. 42 (2) This subsection shall apply only to an employee who has not yet 43 attained the age of 20 years. HB 2461

 1    (3)  Any employer who violates this subsection shall be subject to the
 2  penalties prescribed in K.S.A. 44-1210 and amendments thereto.
 3    Sec. 2.  K.S.A. 44-1203 is hereby repealed.
 4    Sec. 3.  This act shall take effect and be in force from and after its
 5  publication in the statute book.