Massachusetts has one of the strongest worker protection laws in the country when it comes to the payment of tips, service charges and other gratuities. Though the law has many provisions, here are 5 Reasons That Tipped Employees Are Well Protected Under the Massachusetts Tips Law:
- It is Illegal for Your Employer to Keep Service Charges and Gratuities.Massachusetts requires mandatory services charges to be paid to employees where the customer would reasonably believe that the charge is being paid to the service staff. For example, where a banquet hall adds a 15% “service charge” to its events which the customer is likely to interpret as covering the service staff’s tips, that money must be paid to the service staff. Failure to do so is one of the Massachusetts Wage and Tips Law Violations.
- Even When Employers Use Temporary Staffing Agencies to Supply Their Workforce, They May Be Liable for Stealing Those Workers’ Tips. The Tips Act applies to any person or company who collects the service charge, not just the boss who signs the worker’s paychecks.
- Massachusetts requires all supervisory employees to keep their hands out of the tip jar. Tip pools can only be shared among workers who have no supervisory responsibilities.
- You Have Three Years to File a Claim. Claims under the Tips Act can date back three years.
- You Can Be Awarded Triple Damages. Violation of the Tips Act are subject tomandatory triple damages. In some states, employers may try to skirt the law and hope they can wait out the statute of limitations. When they get caught, they would not have to pay expired claims. In Massachusetts, however, the Commonwealth’s triple damages provision makes this a risky gamble for unscrupulous employers.
Massachusetts Wage and Tips Law Violations
Who Do I Contact with My Tip Complaint and Questions?