SENATE DOCKET, NO. 2724        FILED ON: 7/29/2010

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2576

The Commonwealth of Massachusetts

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In the Year Two Thousand Ten

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An Act Text of the Senate amendment (Ethics and Rules) to the House Bill relative to the pooling of tips, House, No. 4814.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 27C of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the figure “148B”, in lines 4 and 14, each time it appears, the following words:- , 152A.

SECTION 2.  Section 152A of said chapter 149, as so appearing, is hereby amended by inserting, after the word “responsibility” in line 8, the following words:-  ; provided, however, that a shift supervisor in a quick service restaurant whose only managerial responsibilities include: (i) providing on-the-job training for regular wait staff as to an employer's policies and procedures; or (ii) assigning employees to their posts; but (iii) has no authority to hire or fire employees or effectively recommend these actions, shall qualify as a wait staff employee for purposes of this section; provided further, that reporting of workplace infractions or making suggestions for employment by a shift supervisor shall not be considered as authority to hire or fire.

SECTION 3.  Said section 152A of said chapter 149, as so appearing, is hereby further amended by inserting after the definition of “Patron”, the following definition:-

“Quick Service Restaurant”,  an establishment selling food or beverages where products are served to patrons primarily over a sales counter or a drive up window sales point, where there is minimal or no service to patrons seated at tables and where all employees are paid at least the minimum required hourly wage for non-service employees.”