Unpaid Tips

Get All Your Tips

Y

ou’re working hard, you’re earning tips, but are you getting paid all your tips? Under current Massachusetts law, only three classes of employees are eligible to receive and share tips:

  • Wait staff
  • Service employees
  • Service bartenders

The following must apply to fall under any of these three categories.

Wait Staff: To be considered a wait staff employee, the individual must:

  1. Work in a restaurant, banquet facility, or other place where food and beverages are served;
  2. Serve food or beverages directly to customers or clear customer’s tables; and
  3. Must not have any managerial responsibility.

Service Employee: To be considered a service employee, the individual must work in occupations in which they customarily receive tips, must not provide food and beverage service, and must not have any managerial responsibility.

Service Bartender: To be considered a service bartender, the individual must prepare alcoholic or nonalcoholic beverages for customers that are served by another employee.

The most important aspect of any of these categories is whether or not the individual in question has any managerial responsibility. If you do not have ANY managerial responsibility, but are required to share tips with individuals that have some managerial responsibility (no matter how small), you are not being paid all the tips that you are entitled to receive.

For additional information on this topic, the Massachusetts Attorney General’s Office has published a helpful advisory. It can be found here: http://www.mass.gov/ago/docs/workplace/tips-advisory.pdf

DO YOU HAVE A QUESTION ABOUT UNPAID TIPS?

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PLEASE NOTE: The use of this form does not create an attorney-client relationship. Our law firm will not be representing you unless and until the terms of our representation are discussed and mutually agreed upon by you and our law firm, in writing. Attorney Shafran does not use any personal information for any other purpose including disclosure to third parties. Any inquiry you make will be kept with complete respect to your confidentiality.

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Jul2017
On June 26, 2017, in a case of first impression argued by Attorney Adam J. Shafran, the Massachusetts Supreme Judicial Court issued a unanimous 7-0 decision holding that employees who are owed unpaid wages are entitled to recover prejudgment interest at the rate of 1% a month on their unpaid ... Read More

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