HOUSE DOCKET, NO. 5102        FILED ON: 5/20/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul McMurtry

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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 authorizing the distribution of tips to certain restaurant employees during the COVID-19 pandemic.

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PETITION OF:

HOUSE DOCKET, NO. 5102        FILED ON: 5/20/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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

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An Act authorizing the distribution of tips to certain restaurant employees during the COVID-19 pandemic.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to permit kitchen staff to receive tips during the COVID-19 pandemic in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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. For the purposes of this act, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Employer”, any person or entity having employees in its service, including an owner or officer of an establishment employing kitchen staff, or any person whose primary responsibility is the management or supervision of kitchen staff.

“Kitchen staff”, a person, including a chef, sous chef, line cook, prep cook, kitchen assistant and dishwasher, who: (1) works in the kitchen of a restaurant, banquet facility or other place where food or beverages are served; and (2) who has no managerial responsibility.

“Patron”, any person who is served prepared food for dine out or delivery at an establishment including, but not limited to, any restaurant, banquet facility or other place at which prepared food or beverage is served, or any person who pays a tip or service charge.

“Service charge”, a fee charged by an employer to a patron in lieu of a tip to any employee involved with the preparation and service or food or beverage, including wait staff employee, service employee, service bartender or kitchen staff, including any fee designated as a service charge, tip, gratuity or fee that a patron or customer would reasonably expect to be given to wait staff employee, service employee, service bartender or kitchen staff in lieu of, or in addition to, a tip.             

“Tip”,  a sum of money, including any amount designated by a credit card patron, a gift or a gratuity, given as an acknowledgement of any service performed.

SECTION 2. Notwithstanding section 152A of chapter 149 of the General Laws or any other general or special law to the contrary, from the effective date of this act until the termination of the governor’s March 10, 2020 state of emergency declaration in response to the 2019 novel coronavirus, also known as COVID-19, an employer may permit a tip pool or distribution of a portion of any tip or service charge given by a patron to include kitchen staff, in addition to wait staff employees, service employees and service bartenders pursuant to said section 152A of said chapter 149.