Amendment #625 to H3400

relative to pooling of tips

Mrs. O'Connell of Taunton moves to amend the bill by adding the following three sections:-

"SECTION XX:  Section 152A of chapter 149 of the General Laws, as appearing in the 2010 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 XX.   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 XX.  Nothing in this chapter shall prohibit an employer from establishing a policy prohibiting the acceptance of gratuities."