(a) Definition. As used in this Section, tipped employee means:
(1) an employee who:
(A) is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips;
(B) has been informed by the employer about the provisions of this Section; and
(C) has kept all of the tips that the employee received.
(2) Notwithstanding paragraph (1)(C), this Section does not prohibit the pooling of tips.
(b) Computation of wage. Except as provided in subsection (c), an employer may include, as part of the wage of a tipped employee:
(1) an amount that the employer sets to represent the tips of the employee; or
(2) if the employee or representative of the employee satisfies the Director that the employee received a lesser amount in tips, the lesser amount.
(c) Limit. The tip credit amount that the employer may include under subsection (b) must not exceed the County minimum wage less $4.00 per hour.
(d) Reports. An employer who employs a tipped employee in the County must submit a quarterly wage report within 30 days after the end of each quarter to the Director certifying that each tipped employee was paid the minimum wage required by this Section.
(e) Online reporting system. The executive must establish an internet based reporting system as an optional method for an employer of a tipped employee to submit the quarterly wage report required by subsection (d). (2013 L.M.C., ch. 34, § 1; 2015 L.M.C., ch. 30, §1.)