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HOUSE DOCKET, NO. 1277        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1718


The Commonwealth of Massachusetts



Linda Dorcena Forry


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 fair distribution of gratuities.






Linda Dorcena Forry

12th Suffolk

Kathi-Anne Reinstein

16th Suffolk

Angelo L. D'Emilia

8th Plymouth

Daniel B. Winslow

9th Norfolk

Keiko M. Orrall

12th Bristol

Donald Humason


John P. Fresolo

16th Worcester

Matthew A. Beaton

11th Worcester

Bruce E. Tarr

First Essex and Middlesex

James R. Miceli

19th Middlesex

HOUSE DOCKET, NO. 1277        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1718

By Ms. Forry of Boston, a petition (accompanied by bill, House, No. 1718) of Linda Dorcena Forry and others relative to the fair distribution of gratuities.  Labor and Workforce Development. 


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act relative to the fair distribution of gratuities.


              Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect forthwith employees’ additional compensation while performing their duties, 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.   Section 152A of chapter 149 of the General Laws, as appearing in the 2008 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.

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