SENATE DOCKET, NO. 824        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1001

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

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.

_______________

PETITION OF:

 

Name:

District/Address:

Michael J. Rodrigues

First Bristol and Plymouth

Brian A. Joyce

Norfolk, Bristol and Plymouth

Daniel A. Wolf

Cape and Islands

Marc R. Pacheco

First Plymouth and Bristol

Bruce E. Tarr

First Essex and Middlesex

Michael O. Moore

Second Worcester

Viriato M. deMacedo

Plymouth and Barnstable

William N. Brownsberger

Second Suffolk and Middlesex

Michael F. Rush

Norfolk and Suffolk


SENATE DOCKET, NO. 824        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1001

By Mr. Rodrigues, a petition (accompanied by bill, Senate, No. 1001) of Michael J. Rodrigues, Brian A. Joyce, Daniel A. Wolf, Marc R. Pacheco and others for legislation relative to the pooling of tips.  Labor and Workforce Development.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 887 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

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