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Can you summarize MGL Chapter 149, Section 152A?
LABOR AND INDUSTRIES > Service charges and tips; tip pools; penalties
Short Summary
This section of the Massachusetts General Law governs service charges, tips, and tip pools in establishments where food or beverages are served. It defines various terms such as wait staff employee, service employee, service bartender, employer, and patron. The section prohibits employers from demanding or accepting any payment or deduction from a tip or service charge given to wait staff employees, service employees, or service bartenders by a patron. It also prohibits employers from causing or permitting wait staff employees, service employees, or service bartenders to participate in a tip pool that includes individuals who are not part of these employee categories. The section requires that service charges or tips imposed on a bill or invoice be remitted to the wait staff employees, service employees, or service bartenders in proportion to the service provided. It also mandates that any service charge or tip given to an employer by a patron must be paid to the relevant employee by the end of the same business day. Violations of this section can result in civil and criminal penalties, restitution for tips, and interest on the restitution amount. There are no specific exemptions mentioned, and employers cannot exempt themselves from this section through special contracts or other means.
Whom does it apply to?
Employers, wait staff employees, service employees, service bartenders, and patrons
What does it govern?
Service charges, tips, tip pools, and penalties
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Civil and criminal penalties, restitution for tips accepted, distributed, or retained in violation of the section, and interest at the rate of 12% per annum
Jurisdiction
Massachusetts