Budget Amendment ID: FY2020-S3-768

ECO 768

Tip Pooling

Mr. Finegold moved that the proposed new text be amended by inserting after section ___ the following section:-


"SECTION ___. 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. ยงยง541.100 (a)(2)-(4) et seq., shall qualify as a wait staff employee for purposes of this section.

SECTION ___. 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 ___. Nothing in this chapter shall prohibit an employer from establishing a policy prohibiting the acceptance of gratuities."