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Committee delays decision on tip‑pooling bill; asks Department of Labor to draft guardrails

House Labor, Industrial and Rehabilitative Services Committee · April 21, 2026
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Summary

Lawmakers heard extensive testimony about tip pooling, service charges, credit‑card fees, and whether incorporating federal FLSA rules would preempt state enforcement. The committee deferred final action on SB 416 and asked the Department of Labor to draft precise statutory language and potential carve‑outs before a May 5 executive session.

The House Labor Committee opened a lengthy debate on SB 416, a bill proposing to align New Hampshire law on tip pooling and sharing with the federal Fair Labor Standards Act, then decided to postpone final action and ask the Department of Labor to draft guardrails.

DOL overview: Danielle Albert, Deputy Commissioner, explained the difference between service charges (which, if properly labeled, are treated as employer property) and tips/gratuities (which are the property of employees). Albert told…

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