HOUSE DOCKET, NO. 2659        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1617

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Tricia Farley-Bouvier

_________________

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 requiring one fair wage.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Tricia Farley-Bouvier

3rd Berkshire

1/17/2019

Ruth B. Balser

12th Middlesex

1/18/2019

Christine P. Barber

34th Middlesex

1/23/2019

Michael J. Barrett

Third Middlesex

1/29/2019

Jennifer E. Benson

37th Middlesex

1/29/2019

Natalie M. Blais

1st Franklin

1/28/2019

Peter Capano

11th Essex

1/31/2019

Mike Connolly

26th Middlesex

1/28/2019

Marjorie C. Decker

25th Middlesex

1/31/2019

Mindy Domb

3rd Hampshire

1/31/2019

Daniel M. Donahue

16th Worcester

2/1/2019

James B. Eldridge

Middlesex and Worcester

1/17/2019

Sean Garballey

23rd Middlesex

1/31/2019

Denise C. Garlick

13th Norfolk

1/29/2019

Carmine Lawrence Gentile

13th Middlesex

1/23/2019

Carlos González

10th Hampden

1/22/2019

Tami L. Gouveia

14th Middlesex

2/1/2019

James K. Hawkins

2nd Bristol

1/30/2019

Jonathan Hecht

29th Middlesex

2/1/2019

Natalie M. Higgins

4th Worcester

1/24/2019

Patricia D. Jehlen

Second Middlesex

1/17/2019

Mary S. Keefe

15th Worcester

1/30/2019

Kay Khan

11th Middlesex

1/29/2019

David Henry Argosky LeBoeuf

17th Worcester

1/31/2019

Jack Patrick Lewis

7th Middlesex

1/18/2019

Jason M. Lewis

Fifth Middlesex

1/23/2019

Jay D. Livingstone

8th Suffolk

1/29/2019

Adrian C. Madaro

1st Suffolk

1/28/2019

Joseph W. McGonagle, Jr.

28th Middlesex

2/1/2019

Mathew J. Muratore

1st Plymouth

1/29/2019

Denise Provost

27th Middlesex

1/18/2019

Angelo J. Puppolo, Jr.

12th Hampden

1/24/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

1/30/2019

Maria Duaime Robinson

6th Middlesex

1/25/2019

David M. Rogers

24th Middlesex

1/28/2019

Daniel J. Ryan

2nd Suffolk

1/31/2019

Lindsay N. Sabadosa

1st Hampshire

1/31/2019

Thomas M. Stanley

9th Middlesex

1/28/2019

Tommy Vitolo

15th Norfolk

1/29/2019


HOUSE DOCKET, NO. 2659        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1617

By Ms. Farley-Bouvier of Pittsfield, a petition (accompanied by bill, House, No. 1617) of Tricia Farley-Bouvier and others relative to determining the wages employers are required to pay tipped employees.  Labor and Workforce Development.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act requiring one fair wage.

 

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 7 of said chapter 151, as appearing in the 2016 Official Edition, is hereby amended by striking the third paragraph, as amended by Chapter 121 of the Acts of 2018, and inserting in place thereof the following paragraph:-

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $6.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

SECTION 2. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $7.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

SECTION 3. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $9.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

SECTION 4. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $10.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

SECTION 5. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $12.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

SECTION 6. Said section 7 of said chapter 151, as so appearing, is hereby amended by 128 striking the third paragraph and inserting in place thereof the following paragraph:-

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $13.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

SECTION 7. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-

Beginning on January 1, 2027, and no later than January 1 of each successive year, in determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to not less than the wage in effect under section 1.

SECTION 8. Chapter 121 of the Acts of 2018 is hereby amended by striking sections 24-26.

SECTION 9. Chapter 121 of the Acts of 2018 is hereby further amended by striking, in section 33, the figure:- 24.

SECTION 10. Chapter 121 of the Acts of 2018 is hereby further amended by striking, in section 35, the figure:- 25.

SECTION 11. Chapter 121 of the Acts of 2018 is hereby further amended by striking, in section 36, the figure:- 26.

SECTION 12. Section 1, and 8-11 shall take effect on January 1, 2021.

SECTION 13. Section 2 shall take effect on January 1, 2022.

SECTION 14. Section 3 shall take effect on January 1, 2023.

SECTION 15. Section 4 shall take effect on January 1, 2024.

SECTION 16. Section 5 shall take effect on January 1, 2025.

SECTION 17. Section 6 shall take effect on January 1, 2026.

SECTION 18. Section 7 shall take effect on January 1, 2027.