HB 80: Minimum Wage for Tipped Employees
2007 General Session

Sponsor: Rep. George Bagby (D-H15, Rawlins); co-sponsor Rep. Stan Blake (D-H39, Green River)

Current Wyoming law requires that all employers pay their employees a minimum wage of $5.15 per hour, matching the federal minimum wage. But in an interesting exception to minimum wage requirements, employers are required to pay only $2.13 per hour to tipped employees, and they are required to pay only $4.25 per hour to any employees under 20 years old for the first 90 days of employment. If the wage paid to tipped employees combined with the tips earned by the employee during a given pay period does not equal at least $5.15 per hour, then the employer is supposed to pay the difference to the tipped employee.

HB 80 marked the third attempt in three years to eliminate the exception to minimum wage standards for tipped employees. The bill would have required that all employers pay at least $5.15 per hour (matching the federal minimum wage) to tipped employees.

Supporters of HB 50 included the Wyoming AFL-CIO, the Wyoming League of Women Voters, the Equality State Policy Center, and other advocates for worker’s rights. Proponents pointed out that tipped employees are among the lowest paid of Wyoming workers, and that employers often do not meet the statutory requirement to make up the difference when tipped employees don’t make a total of $5.15 per hour. Proponents testified that employers frequently do not explain this right to their workers, and that tipped employees often don't know their employers are supposed to do this. They also maintained that some tipped employees, even when they do know they are entitled to a total minimum wage of $5.15 an hour, are too intimidated and afraid of losing their job to request that their employer make up the difference to meet the minimum wage.

The House Travel, Recreation, Wildlife and Cultural Resources Committee passed HB 80, on a 5-3 vote. Representatives Pat Childers (R-H50, Cody), Allen Jaggi (R-H18, Lyman) and Jim Slater (R-H46, Laramie) voted AGAINST the bill. Representatives Kermit Brown (R-H14, Laramie), Bernadine Craft (D-H17, Rock Springs), Kathy Davison (R-H20, Kemmerer), Jerry Iekel (R-H29, Sheridan) and Bill Thompson (D-H60, Green River) voted FOR the bill. Representative Patrick Goggles (D-H33, Ethete) was excused from the meeting.

HB 80 died on general file in the House without floor debate or a vote of the full House.

HB 80 INTRODUCED