In Massachusetts, the minimum wage for tipped employees (i.e. waitresses, bartenders) is $2.63 per hour. No matter how much a tipped employee makes in tips, they must also be paid their minimum wage. Also, if on a given shift, minimum wage pay and tips do not add up to an hourly pay rate of $8.00 per hour, the employer must make up the difference. The Massachusetts “Reporting Pay” regulation requires employers to pay an employee for a minimum of three hours of work if they are called in for any shift of four hours or more, and then sent home. Employers must pay their employees on a weekly or biweekly schedule.
A. Shirley is a “bottle service” waitress at the Coconut Grove. She is putting herself through college with the money she makes from tips. Her job is to pour alcohol at tables reserved by patrons willing to spend hundreds, and sometimes thousands of dollars a night on vastly overpriced champagne and hard liquor. She’s on her feet for five hours in heels, lugging bottles, and pushing through crowds of drunk people. Sometimes the customers are all over her, but she puts up with it to make her tuition and rent payments. On a good night, she can take home $1,500.00. On a bad night, her table cancels, or for whatever reason, no one reserves a table, and she’s sent home. After paying for parking, she’s minus $40.00. Over a three year period, she is sent home with zero pay 20 times.
By law, on a night when Shirley is cut, she’s entitled to the following in reporting pay, assuming a 5 hour shift:
3 * $8.00 * 24 = $576.00
If she sues the Coconut Grove, she’s entitled to:
$576.00 * 3 = $1,728.00 and her employer must pay her attorney’s fees and costs of filing suit.
B. Katrina is also a bottle service waitress at the Coconut Grove. She is only scheduled for the busiest nights, because she’s a top earner for the nightclub. She has close relationships with the high rollers patrons, so they never cancel on her. Over a three year time span (one hundred shifts a year) she makes $300,000 in tips. She is never paid her hourly tipped employee minimum wage.
By law, Katrina is entitled to:
5 * $2.63 * 300 = $3,945.00 (trebled to $11,835.00).
Have you been affected by wage and hour law violations in your workplace? The Leonard Law Office is accepting Massachusetts wage theft cases.
- It is illegal to retaliate against employees for bringing wage claims.
- Employers must pay the wronged employee’s attorneys fees in wage theft cases.
- Triple damages are automatic; employers must pay the amount owed in wages times three.