1.1 	A bill for an act
1.2 	relating to employment; providing notice of sharing of gratuities and authorizing 
1.3 	employers to safeguard and disburse shared gratuities;amending Minnesota 
1.4 	Statutes 2010, section 177.24, subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2010, section 177.24, subdivision 3, is amended to read:
1.7 		Subd. 3.Sharing of gratuities. For purposes of this chapter, any gratuity received 
1.8 	by an employee or deposited in or about a place of business for personal services rendered 
1.9 	by an employee is the sole property of the employee. No employer may require an 
1.10 	employee to contribute or share a gratuity received by the employee with the employer 
1.11 	or other employees or to contribute any or all of the gratuity to a fund or pool operated 
1.12 	for the benefit of the employer or employees. This section does not prevent an employee 
1.13 	from voluntarily and individually sharing gratuities with other employees. The agreement 
1.14 	to share gratuities must be made by the employees free of any employer participation, 
1.15 	except that an employer may:
1.16 	(1) upon the request of employees, safeguard gratuities to be shared by employees 
1.17 	and disburse shared gratuities to employees participating in the agreement;
1.18 	(2) report the amounts received as required for tax purposes; and
1.19 	(3) post a copy of this section for the information of employees. 
1.20 	The commissioner may require the employer to pay restitution in the amount of the 
1.21 	gratuities diverted. If the records maintained by the employer do not provide sufficient 
1.22 	information to determine the exact amount of gratuities diverted, the commissioner may 
1.23 	make a determination of gratuities diverted based on available evidence and mediate 
1.24 	a settlement with the employer.