Submitted by Anonymous on Mon, 08/03/2009 - 20:16
My current employer is charging us 2% of our tips at the end of each shift to cover the cost of their dinner ware, glass ware, utensils, etc. Their reason is that the is a lot of breakage and lost of these items. They are charging the 2% regardless if we break the items or not. Also, they are charging $1 for each beer bottle that is not completely emptied out at the end of the night. Is there a law against all of that?
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Editor's Response
I believe that the practices you are describing are illegal under Massachusetts Law. Employers are allowed to pool tips, but they are not allowed to take any of those tips for themselves, for any reason, and must distribute them to qualified service employees (such as wait staff and bartenders). If you are interested in reading all about the law relating to tips, tip pooling, and enforcement against employers, follow this link to an Advisory from the Attorney General's Fair Labor Division (interpreting Massachusetts General Laws Chapter 149, Section 152A): http://www.mass.gov/Cago/docs/Workplace/tips_advisory.pdf
If you would like information about filing a "Non-payment of Wages Complaint" or if you just want more information before proceeding, call the office of the Attorney General at (617) 727-3465. Good luck.