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Session of 2000
          SUBSTITUTE FOR SENATE BILL No. 265           By Committee on Commerce           2-9          

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10             AN  ACT concerning the minimum wage and maximum hours law;
11             amending K.S.A. 44-1203 and repealing the existing section.
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13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 44-1203 is hereby amended to read as follows: 44-
15       1203. (a) Except as otherwise provided in the minimum wage and maxi-
16       mum hours law, every employer shall pay to each employee wages at a
17       rate of not less than $2.65 $5.15 an hour. In calculating such minimum
18       wage rate, an employer may include tips and gratuities received by an
19       employee in an amount equal to not more than 40% of the minimum
20       wage rate if such tips and gratuities have customarily constituted part of
21       the remuneration of the employee and if the employee concerned actually
22       received and retained such tips and gratuities. The secretary shall require
23       each employer desiring approval of an allowance for gratuities to provide
24       substantial evidence of the amounts of such gratuities on account of which
25       the employer has taken an allowance pursuant to this section.
26             (b) The provisions of this section shall not apply to any employers
27       and employees who are covered under the provisions of section 6 of the
28       fair labor standards act of 1938 as amended (29 U.S.C.A. § 206), and as
29       amended by the fair labor standards amendments of 1974 and any other
30       acts amendatory thereof or supplemental thereto.
31             New Sec.  2. No city or county acting through any process, shall enact
32       any law or ordinance with respect to minimum wages or enter into any
33       contract in which the local government specifies the payment of minimum
34       wages to employees of other parties to the contract unless specifically
35       authorized to do so by this act.
36             (a) Any city or county regulation or law pertaining to minimum wages
37       in effect as of July 1, 2000, shall remain in full force and effect until such
38       law is repealed by the city or county entity that enacted the law.
39             (b) If it is determined by any officer or agency responsible for dis-
40       tributing federal moneys to a city or county that compliance with this act
41       may cause denial of federal moneys that would otherwise be available or
42       would otherwise be inconsistent with requirements of federal law, this
43       section shall be suspended, but only to the extent necessary to prevent

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  1       denial of the moneys or to eliminate the inconsistency with federal
  2       requirements. 
  3       Sec.  3. K.S.A. 44-1203 is hereby repealed.
  4        Sec.  4. This act shall take effect and be in force from and after its
  5       publication in the statute book.