1.1.................... moves to amend H.F. No. 809 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 177.24, subdivision 3, is amended to read:
1.4    Subd. 3. Sharing of gratuities. For purposes of this chapter, any gratuity received
1.5by an employee or deposited in or about a place of business for personal services rendered
1.6by an employee is the sole property of the employee. No employer may require an
1.7employee to contribute or share a gratuity received by the employee with the employer
1.8or other employees or to contribute any or all of the gratuity to a fund or pool operated
1.9for the benefit of the employer or employees. This section does not prevent an employee
1.10from voluntarily and individually sharing gratuities with other employees. The agreement
1.11to share gratuities must be made by the employees free of any employer participation,
1.12except that an employer may:
1.13(1) upon the request of employees, safeguard gratuities to be shared by employees
1.14and disburse shared gratuities to employees participating in the agreement;
1.15(2) report the amounts received as required for tax purposes; and
1.16(3) post a copy of this section for the information of employees.
1.17The commissioner may require the employer to pay restitution in the amount of the
1.18gratuities diverted. If the records maintained by the employer do not provide sufficient
1.19information to determine the exact amount of gratuities diverted, the commissioner may
1.20make a determination of gratuities diverted based on available evidence and mediate a
1.21settlement with the employer."
1.22Amend the title accordingly