Massachusetts Tip Statute

1st Circuit.gifCo-authored by: Ariel Cudkowicz and Jessica Schauer Lieberman

On Friday November 9, 2012, the First Circuit Court of Appeals issued a decision interpreting two key Massachusetts wage and hour statutes,  Mass. Gen. Laws ch. 149 § 152A (the “Tip Statute”), which regulates gratuities, service charges, and tip pools, and Mass. Gen. Laws ch. 149 § 150, which provides for mandatory

Continue Reading The Trouble with Treble: First Circuit Upholds Massachusetts Mandatory Treble Damages Law, Affirms Class Certification, and Interprets Tip Pooling Law

skycap.bmpAuthored by C.J. Eaton

On Friday, May 20, 2011, the First Circuit overturned a jury verdict against American Airlines and held that the Airline Deregulation Act of 1978 (ADA) preempts claims brought under the Massachusetts Tip Statute.

In 2005, American, along with many other airlines, began charging passengers who checked their luggage at curbside stations using skycaps a $2 per-bag

Continue Reading Skycaps’ Jury Verdict Bagged and Kicked to the Curb by First Circuit

Thumbnail image for tip_jar2.jpgCo-authored by Ariel Cudkowicz and Jessica Schauer

On Friday, March 18, 2011, the U.S. District Court for the District of Massachusetts adopted a pair of reports by a federal Magistrate finding that Starbucks violated Massachusetts law by allowing “shift supervisors” to share in the proceeds of tip jars and recommending certification of a class of Massachusetts baristas affected by the

Continue Reading Bay State Baristas Don’t Have to Share Tips with Shift Supervisors

Authored by Brigitte Duffy

Over the last decade, the Massachusetts food service industry has experienced a pervasive steam of litigation challenging tip pooling practices.  At its root is the Massachusetts Tip Statute, which strictly regulates who may participate in pooled tips and defines what is a “tip” subject to its regulation.  The statute defines a tip as a “sum

Continue Reading Baristas Win Battle Over Tip Jar