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SB 416 · 2026 · Senate · Commerce Committee

Tip pooling rule changes

AI-generated

relative to the pooling and sharing of tips among tipped employees.

Replaces the state restriction on tip pooling and sharing with federal Fair Labor Standards Act rules, authorizes the labor commissioner to adopt related rules, and requires establishments to notify patrons of tip pooling practices.AI-generated

Status

Referred to interim study (House) · May 14, 2026
  1. ✓Introduced
  2. ✓Senate
  3. ✕House
  4. Governor
  5. Law

Analysis

This bill: I. Replaces the state restriction on tip pooling and sharing with the federal Fair Labor Standards Act rules governing tip pooling. II. Authorizes the labor commissioner to adopt rules regarding the practice of tip pooling and sharing. III. Requires that establishments which require or permit employee participation in tip pooling or sharing provide notice of such practice to patrons.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the House. Passages chosen from the operative text.Computed by this site

“Notwithstanding any other provision of this chapter, the pooling and sharing of tips by employees shall incorporate by reference the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. section 201 et seq., and regulations promulgated under such act, including but not limited to 29 C.F.R. sections 531.50, 531.52, 531.54, 531.55, 531.56, 531.57 as amended and as applicable.”
RSA 279:26-b
“Notwithstanding any provision of law to the contrary, no employer shall impose a tip pooling or sharing arrangement that includes employees who are not employed in an occupation in which employees customarily and regularly receive tips.”
RSA 279:26-b
“Paragraph II shall not apply to employees who engage in customer service functions and have direct interactions with customers in the chain of service in roles including, but not limited to, bartenders, bussers, hosts, and food runners.”
RSA 279:26-b
“Owners, managers, and supervisors of a business shall be prohibited from participating in a tip pool or tip share arrangement, even if these individuals provide direct service or have direct interactions with customers.”
RSA 279:26-b

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Tim McGoughRPrime
  • Sen. Daniel InnisRChair· Commerce
  • Sen. Keith MurphyRDeputy President Pro Tempore
  • Sen. Howard PearlRChair· Executive Departments and Administration
  • Sen. Denise RicciardiRVice Chair· Commerce
  • Rep. Brian LabrieRClerk· Labor, Industrial and Rehabilitative Services

Also: Rep. Brian SeaworthR

Public testimony

189 signed in online · 34 wrote testimony

2% support98% oppose0% neutral

In their wordsVerbatim, exactly as submitted

“This would disproportionately impact the mentally ill -- menta illness should not be criminalized. It would not increase workplace safety.”
— Deb Baker, Concordopposes
“I oppose SB 416. As someone who worked as a server and was forced to share hard-earned tips with people who did far less to make the dining experience great for customers, I do not need this bill explained to me in theory. I understand exactly what it means in practice.…”
— Meg Cowan, Wilmotopposes
“Please vote no in order to support fairness for employees to be able to choose whether they want to pool their tios”
— Shideko Terai, Cornishopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Feb 19, 2026SenateCommittee report: Ought to Pass with Amendment # 2026-0507s5–0
    Overall
    100% yea
  • Feb 19, 2026SenateVoice voteCommittee amendment 2026-0507sadopted
  • Feb 19, 2026SenateVoice voteOught to Pass with Amendment #2026-0507sadopted
    Resulting text: Bill as amended by the Senate
  • May 5, 2026HouseCommittee report· regular calendar: Ought to Pass with Amendment # 2026-1830h10–9
    Overall
    53% yea
  • May 14, 2026HouseVoice voteAmendment 2026-1830hadopted
  • May 14, 2026HouseVoice voteFloor amendment 2026-1963h (Rep. Labrie)adopted
  • May 14, 2026HouseDivisionOught to Pass with Amendment 2026-1830h and 1963hFailed151–176
    Overall
    46% yea
  • May 14, 2026HouseVoice voteRefer for Interim Studyadopted

Hearings and debates

  • Feb 3, 2026Public hearingSenate Commerce45:42–49:484m 6slocated in the stream transcriptHearing
  • Feb 19, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamCommittee Report: Ought to Pass with Amendment # 2026-0507s; Ought to Pass with Amendment #2026-0507s — adopted, voice vote; Committee Amendment # 2026-0507s — adopted, voice vote
  • Apr 14, 2026Public hearingHouse Labor, Industrial and Rehabilitative Services2:12:19–2:16:204m 1slocated in the stream transcriptPublic Hearing; Full Committee Work Session
  • Apr 21, 2026Public hearingHouse Labor, Industrial and Rehabilitative Services5:47:35–5:49:542m 19slocated in the stream transcriptFull Committee Work Session; ==RECESSED== Executive Session
  • May 5, 2026Public hearingHouse Labor, Industrial and Rehabilitative Servicesfrom 1:35:31located in the stream transcriptMajority Committee Report: Ought to Pass with Amendment # 2026-1830h — roll call; Full Committee Work Session; ==CONTINUED== Executive Session
  • May 14, 2026Floor debateHouse floor6:48:50–6:59:3010m 40slocated in the stream transcriptOught to Pass with Amendment 2026-1830h and 1963h — failed, division 151-176; Refer for Interim Study — adopted, voice vote; Amendment # 2026-1830h — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026SenIntroduced 01/07/2026 and Referred to Commerce; SJ 1
  2. Feb 3, 2026SenHearing: 02/03/2026, Room 100, SH, 10:00 am; SC 2
  3. Feb 19, 2026Sen: Ought to Pass with Amendment # 2026-0507s, 02/19/2026; Vote 5-0; CC; SC 6
  4. Feb 19, 2026SenCommittee Amendment # 2026-0507s, AA, VV; 02/19/2026; SJ 4
  5. Feb 19, 2026SenOught to Pass with Amendment #2026-0507s, MA, VV; OT3rdg; 02/19/2026; SJ 4
  6. Feb 19, 2026HouseIntroduced (in recess of) 02/19/2026 and referred to Labor, Industrial and Rehabilitative Services HJ 5 P. 124
  7. Apr 14, 2026HousePublic Hearing: 04/14/2026 10:30 am GP 159
  8. Apr 14, 2026HouseFull Committee Work Session: 04/14/2026 10:45 am GP 159
  9. Apr 21, 2026HouseFull Committee Work Session: 04/21/2026 09:00 am GP 159
  10. Apr 21, 2026House==RECESSED== Executive Session: 04/21/2026 02:30 pm GP 159
  11. May 5, 2026HouseFull Committee Work Session: 05/05/2026 10:00 am GP 159
  12. May 5, 2026House==CONTINUED== Executive Session: 05/05/2026 11:00 am GP 159
  13. May 5, 2026HouseMajority : Ought to Pass with Amendment # 2026-1830h 05/05/2026 (Vote 10-9; RC) HC 19 P. 25
  14. May 6, 2026HouseMinority : Refer for Interim Study
  15. May 14, 2026HouseAmendment # 2026-1830h: AA VV 05/14/2026 HJ 13 P. 107
  16. May 14, 2026HouseFLAM # 2026-1963h (Rep. Labrie): AA VV 05/14/2026 HJ 13 P. 107
  17. May 14, 2026HouseOught to Pass with Amendment 2026-1830h and 1963h: MF DV 151-176 05/14/2026 HJ 13 P. 108
  18. May 14, 2026HouseRefer for Interim Study: MA VV 05/14/2026 HJ 13 P. 108

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.