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Tonight my manger got tipped over three times the amount (cash) myself and another wait staff got tipped. Is it illegal for my manager to accept this tip since she holds a managerial position? Is it illegal for her to accept any shared tips?

Advice is much appreciated.

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Submitted Mon, 06/26/2017 - 13:04

Any sharing of tips with ANYONE who isn't a, "person who is not a wait staff employee, service employee, or service bartender." is illegal under MA law (See MGL c. 149 §152A here: Managers and non-wait staff cannot share in pooled tips, and this is a wage violation. You can report them to the AG's office, and sue them for three times what you should have been paid plus attorney's fees.

Atty. David Owens
Grolman LLP

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