Tip Pooling Laws
Under Massachusetts tip pooling laws, waitstaff may not be required to share their tips with restaurant owners or managers. This is true whether: (1) there is a tip jar on the counter, (2) the customer leaves cash on the table or (3) the tip is on a credit card. The owner of the restaurant can’t require servers to give up a portion of tips to the owner or to share tips with management.
Waitstaff employees may share in tips or service charges provided that the waitstaff meets the following criteria:
(1) the person must work in a restaurant, banquet facility, or other place where prepared food or beverages are served;
(2) the person must provide service to customers by serving beverages or prepared food directly, or by clearing customers’ tables; and
(3) the person may not have any managerial responsibility.
Violations of MA Tip Pooling Laws
Restaurants that require servers to give a portion of their tips to owners, managers, or to other restaurant employees who do not provide service to customers may be in violation of Massachusetts tip pooling laws. Please call us at 617-936-1580 to talk about tip pooling. We can advise you on whether it is an unlawful tip pooling situation. We have represented servers in small restaurants, national chains, fast food restaurants, and catering and banquet servers. We’ve successfully recovered unpaid tips for many servers and waitstaff. Moreover, you may have claims other than claims relating to tip pooling laws, so it is important to speak with an attorney about your rights.
Massachusetts Has Strong Wage Laws
Massachusetts has very strong laws protecting servers. This includes employees in restaurants, fast food restaurants, donut shops, catering and banquet facilities, and event spaces. Massachusetts laws protect employees from wage theft. Servers who are successful at trial in tip pooling cases and unpaid wage cases must be paid three times the amount that they are owed. The court will also award successful plaintiffs their attorney’s fees and costs. Our firm has successfully represented servers working in small local restaurants to national chain restaurants. We’ve also represented servers working in banquet and catering facilities. There are short time limits for filing claims. It is important, therefore, that you speak with a Massachusetts tip pooling attorney as soon as possible.
Do you have questions about how Massachusetts tip pooling laws may affect your rights? Boston labor and employment attorney Maura Greene is here to help. Contact her today for a confidential consultation to discuss your situation and explore your options.
Maura Greene has been consistently rated a Super Lawyer for employment since 2013. She is AV-rated, which is the highest individual rating an attorney may receive. Greene was quoted in the Boston Globe on the Market Basket employment action. She represents individual workers, including servers, waitstaff and banquet and catering employees. If you want to see reviews, head over to AVVO, where our excellent clients describe in detail what it’s like to work with us.
The Not So Fine Print:
Every case has its unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here, and this isn’t intended as legal advice. It is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a crisis.