SENATE DOCKET, NO. 580        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 887


The Commonwealth of Massachusetts



Michael J. Rodrigues


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.






Michael J. Rodrigues

First Bristol and Plymouth

Brian A. Joyce

Norfolk, Bristol and Plymouth

Barry R. Finegold

Second Essex and Middlesex

Michael O. Moore

Second Worcester

Michael R. Knapik

Second Hampden and Hampshire

Marc R. Pacheco

First Plymouth and Bristol

Michael F. Rush

Norfolk and Suffolk

Angelo L. D'Emilia

8th Plymouth

Antonio F. D. Cabral

13th Bristol

Bruce E. Tarr

First Essex and Middlesex

Keiko M. Orrall

12th Bristol

John P. Fresolo

16th Worcester

Shaunna O'Connell

3rd Bristol

SENATE DOCKET, NO. 580        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 887

By Mr. Rodrigues, a petition (accompanied by bill, Senate, No. 887) of Michael J. Rodrigues, Brian A. Joyce, Barry R. Finegold, Michael O. Moore and other members of the General Court for legislation relative to the pooling of tips.  Labor and Workforce Development.


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



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.   Section 152A of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word ‘ responsibility ’ , in line 8, the following words:-  ; provided, however, that a supervisor in a quick service restaurant who serves patrons or customers  and whose  job duties do not qualify him or her as an employee employed in a bona fide executive capacity as defined in 29 C.F.R. §§541.100 (a)(2)-(4)et seq.,  shall qualify as a wait staff employee for purposes of this section.

SECTION 2.   Said section 152A of said chapter 149, as so appearing, is hereby further amended by inserting after the definition ‘ 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 direct service to patrons seated at tables, and where employees are paid at least the minimum required hourly wage for non-service employees pursuant to Chapter 151.

SECTION 3.  Nothing in this chapter shall prohibit an employer from establishing a policy prohibiting the acceptance of gratuities.