Rejected

3rd Redraft 44

Tip Pooling

Messrs. Pacheco, Rodrigues, Michael O. Moore, Joyce and Tarr moved that the bill be amended by inserting at the end thereof the following new section:-

“SECTION XX: SECTION 1. Section 150 of chapter 149 of the General Laws, as so appearing in the 2012 Official Edition, is hereby amended by inserting after the word “fees”, in line 30, the following words:- ; provided, however, that an aggrieved employee may not bring a civil action for overtime worked in a restaurant.

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 supervisor in a quick service restaurant who customarily and regularly 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 3. 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 ” , a type of restaurant or similar 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 section 1 of Chapter 151.

SECTION 4. Section 1A of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out, in line 53, the subparagraph “(14) in a restaurant."

SECTION 5. Section 1B of said chapter 151, as so appearing, is hereby amended by inserting after the word “employer”, in line 13, the following words:- ; provided, however, that an aggrieved employee may not bring a civil action for overtime worked in a restaurant.

SECTION 6. No employee who performs supervisory functions, but who is still eligible under Section 152A of Chapter 149 to participate in tip pooling, may receive a larger percentage per shift of the tips than any other participant.”