Get All Your Tips
You’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:
- Work in a restaurant, banquet facility, or other place where food and beverages are served;
- Serve food or beverages directly to customers or clear customer’s tables; and
- 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 on tips.
Employee Rights and Employer Responsibilities: The Law on Pay Stubs
Why Pay Stubs Matter Pay stubs are more than just a receipt of wages—they are an essential tool for employees to verify that they are
Overtime Violations in Massachusetts: What Employees Need to Know
Employers in Massachusetts are required to pay overtime to eligible employees who work more than 40 hours in a workweek. Despite clear state and federal
Immigration Status Doesn’t Cancel Your Right to Get Paid
Many undocumented workers in Massachusetts worry that because of their immigration status, they are not entitled to the same legal protections as other employees—especially when