NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 34

HOUSE BILL 149

AN ACT TO AMEND THE MINIMUM WAGE ACT.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 95-87, as the same appears in the 1967 Cumulative Supplement to the General Statutes, is hereby amended by striking out the words and figures "one dollar ($1.00)" in line two and inserting in lieu thereof the words and figures "one dollar and twenty-five cents ($1.25)".

Sec. 2. G.S. 95-86, as the same appears in the 1965 Replacement Volume of the General Statutes, is hereby amended by striking out Subdivision h of Subsection (3) of said section, relettering the following subdivisions appropriately, and by adding a new subsection (5) to read as follows:

"(5)      In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an amount in excess of 50 per centum (50%) of the applicable minimum wage rate, except that in the case of an employee who (either himself or acting through his representative) shows to the satisfaction of the Commissioner that the actual amount of tips received by him was less than the amount determined by the employer as the amount by which the wage paid him was deemed to be increased under this sentence, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective July 1. 1969.

In the General Assembly read three times and ratified, this the 4th day of March, 1969.