Not Everyone Is Eligible To Partake In Tip-Sharing

Many people in Boston and throughout Massachusetts rely on tips to make a living. Servers, bartenders and other waiting staff employees often make almost all their income from tips. So do other service employees, like delivery drivers and parking attendants.

Known as tip pooling or tip sharing, these employees are often required to share their tips with – or "tip out" – other people, such as bus persons, back waiters, counter staff, and other service employees.

But not everyone in the restaurant and service industry is qualified to share in a tip pool or get tipped out. Under the Massachusetts Tips Act, employees who do not directly serve customers or who possess any managerial responsibility cannot lawfully take, demand or request a portion of your tips.

If you believe your employer has required you to pool or share your tips with an ineligible employee – such as a shift supervisor, bar lead, chef, cleaning person, or manager – reach out to us.

A Different Kind Of Law Firm

At Fair Work P.C., our lawyers handle employment law matters for employees. Advocating for employees — it's all we do. And we're pretty good at it.

We are established leaders in the field. With 50-plus years of collective experience, we have recovered millions of dollars in class action lawsuits concerning illegal tip-sharing and more.

Our attorneys have helped hundreds of employees just like you find answers and get justice for unlawful employment practices.

Got A Question? We Have An Answer.

If you are a server, bartender or service employee working in the food service industry or in a tipped occupation and have been required or encouraged to share your tips with other employees, give us a call.

Even if all you're looking for is advice – let us help you find a solution.

617.612.5521 | Email