I work in a pretty upscale restaurant in Boston that doesn't allow wait staff to keep their own tips. All tips go into a tip pool that is split between the waiters, the hostess and the expediter on duty. I have a problem with this because the hostess and expediter don't even serve the customers. Also, if I do a great job and earn a 20% tip I don't want to share with other waiters who may not do such a great job. It seems to be a disincentive to some of the wait staff because they figure that even if they don't do a good job and get tips that are 15% or even worse it will all balance out in the end because they share tips with the better waiters who work hard for bigger tips. So is it legal in MA?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Tip pools at restaurants in MA
In general, tip pooling is legal in Massachusetts. However, the tips can only be shared with other wait and service staff, such as bartenders. They should not be shared with management or with those who do not earn tips on their own from the customers, such as a hostess or expediter. I would say your employer's policy violates that aspect of the law. (For those who do not know, an expediter at a restaurant is sort of a liaison between the cook staff and the wait staff. He may perform such tasks as organizing the orders by table and waiter or garnishing the dishes before they are presented to the customers.)
As for your other complaint, sharing tips with wait staff who do not provide a high level of service, I think you may be out of luck. I agree with you. If I ran a restaurant, I would want my wait staff to have the incentive to work hard and provide excellent service, knowing that they, and they alone, will reap the fruit of their efforts in the form of higher tips. Maybe it's time to find another restaurant to work at. Good luck.