SENATE DOCKET, NO. 1664        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 922

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Benjamin B. Downing

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the pooling of tips.

_______________

PETITION OF:

 

Name:

District/Address:

Benjamin B. Downing

Berkshire, Hampshire, Franklin and Hampden

 



SENATE DOCKET, NO. 1664        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 922

By Mr. Downing, petition (accompanied by bill, Senate, No. 922) of Downing for legislation relative to the pooling of tips [Joint Committee on Labor and Workforce Development].

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to the pooling of tips.

 

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.  Subsection (a) of section 152A of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is amended by striking the definition for “Employer” with the following:

“Employer” any entity having employees in its service, including a corporation, partnership or sole proprietorship employing wait staff employees, service employees, or service bartenders.”

SECTION 2:  Subsection (d) of section 152A of chapter 149 of the General Laws, as so appearing, shall be amended to add the following sentences to the end thereof:- The employer shall not be liable for any good faith effort to comply with section 152A after notification of an alleged violation of this section of the General Laws.

SECTION 3:  Section 152A of chapter 149 of the General Laws is hereby amended by inserting after subsection (g) the following:-

(h)  This section shall supercede and pre-empt any common law claims previously available to any potential claimant.  The purpose of this pre-emption is to preclude duplicative recovery. Any claim brought under this section shall be subject to a three (3) year statute of limitations and a claimant shall be barred from reliance on any other common law statute(s) of limitations.”

SECTION 4:  The effective date of this act shall be September 8, 2004.