Mass. Gen. Laws » Part I Title XXI Chapter 149
Massachusetts General Laws

Mass. Gen. Laws ch. 149, § 152A (2026)

Service charges and tips; tip pools; penalties

✓ current as of July 2026
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Section 152A. (a) As used in this section, the following words, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:—

''Wait staff employee'', a person, including a waiter, waitress, bus person, person in a quick service restaurant who prepares or serves food or beverages as part of a team of counter staff or any other counter employee who: (i) serves beverages or prepared food directly to patrons or who clears patrons' tables; (ii) works in a restaurant, banquet facility or other place where prepared food or beverages are served; and (iii) has no managerial responsibility during a day in which the person serves beverages or prepared food or clears patrons' tables.

''Service employee'', a person who works in an occupation in which employees customarily receive tips or gratuities, and who provides service directly to customers or consumers, but who works in an occupation other than in food or beverage service, and who has no managerial responsibility.

''Service bartender'', a person who prepares alcoholic or nonalcoholic beverages for patrons to be served by another employee, such as a wait staff employee.

''Employer'', any person or entity having employees in its service, including an owner or officer of an establishment employing wait staff employees, service employees, or service bartenders, or any person whose primary responsibility is the management or supervision of wait staff employees, service employees, or service bartenders.

''Patron'', any person who is served by a wait staff employee or service employee at any place where such employees perform work, including, but not limited to, any restaurant, banquet facility or other place at which prepared food or beverage is served, or any person who pays a tip or service charge to any wait staff employee, service employee, or service bartender.

''Service charge'', a fee charged by an employer to a patron in lieu of a tip to any wait staff employee, service employee, or service bartender, including any fee designated as a service charge, tip, gratuity, or a fee that a patron or other consumer would reasonably expect to be given to a wait staff employee, service employee, or service bartender in lieu of, or in addition to, a tip.

''Tip'', a sum of money, including any amount designated by a credit card patron, a gift or a gratuity, given as an acknowledgment of any service performed by a wait staff employee, service employee, or service bartender.

(b) No employer or other person shall demand, request or accept from any wait staff employee, service employee, or service bartender any payment or deduction from a tip or service charge given to such wait staff employee, service employee, or service bartender by a patron. No such employer or other person shall retain or distribute in a manner inconsistent with this section any tip or service charge given directly to the employer or person.

(c) No employer or person shall cause, require or permit any wait staff employee, service employee, or service bartender to participate in a tip pool through which such employee remits any wage, tip or service charge, or any portion thereof, for distribution to any person who is not a wait staff employee, service employee, or service bartender. An employer may administer a valid tip pool and may keep a record of the amounts received for bookkeeping or tax reporting purposes.

(d) If an employer or person submits a bill, invoice or charge to a patron or other person that imposes a service charge or tip, the total proceeds of that service charge or tip shall be remitted only to the wait staff employees, service employees, or service bartenders in proportion to the service provided by those employees.

Nothing in this section shall prohibit an employer from imposing on a patron any house or administrative fee in addition to or instead of a service charge or tip, if the employer provides a designation or written description of that house or administrative fee, which informs the patron that the fee does not represent a tip or service charge for wait staff employees, service employees, or service bartenders.

(e) Any service charge or tip remitted by a patron or person to an employer shall be paid to the wait staff employee, service employee, or service bartender by the end of the same business day, and in no case later than the time set forth for timely payment of wages under section 148.

(f) Whoever violates this section shall be subject to all of the civil and criminal penalties and remedies set forth in section 27C. Any person or employer who violates this section shall make restitution for any tips accepted, distributed or retained in violation of this section, together with interest thereon at the rate of 12 per cent per annum. An employee claiming to be aggrieved by a violation of this section may proceed pursuant to the second paragraph of section 150. The attorney general or, under said section 150, an employee may bring an action under this section within 3 years of any violation of this section.

(g) No employer or person shall by a special contract with an employee or by any other means exempt itself from this section.

Notes of Decisions
Cited in 61 cases (8 in the last 5 years), 2003–2025 · leading case: Meshna v. Scrivanos, 471 Mass. 169 (Mass. 2015).
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Meshna v. Scrivanos, 471 Mass. 169 (Mass. 2015). · cites it 25× “Among other claims, the plaintiffs maintained that the defendants had implemented a no-tipping policy at certain of their Dunkin’ Donuts stores, 3 and that the implementation of that policy, as well as the method of enforcing it, violated G. L. c. 149, § 152A (Tips Act). 4 The…”
Matamoros v. Starbucks Corp., 699 F.3d 129 (1st Cir. 2012). · cites it 7× “In the matter at hand, the district court, applying Massachusetts law in a class-action diversity case, concluded that the most recent version of the Tips Act, Mass. Gen. Laws ch. 149, § 152A, says what it *132 means and means what it says.”
Killeen v. Westban Hotel Venture, LP, 872 N.E.2d 731 (Mass. App. Ct. 2007). · cites it 7× “78, for violation of G. L. c. 149, § 152A, as amended by St. 1983, c.”
DiFiore v. Am. Airlines, Inc., 15 Wage & Hour Cas.2d (BNA) 538 (Mass. 2009). · cites it 5× “Ten skycaps filed suit, alleging that American’s imposition of the two dollar per bag charge violated the provisions of the Massachusetts Wage Act protecting wages and tips, G. L. c. 149, § 152A (Act), and tortiously interfered with contractual or advantageous relations.”
Depianti v. Jan-Pro Franchising Int'l, Inc., 465 Mass. 607 (Mass. 2013). · cites it 4× “15 *623 In DiFiore, supra, we addressed a nearly identical provision in the context of G. L. c. 149, § 152A, the tips statute, which prohibits an employer from imposing a “service charge” on customers and not remitting such charge to its employees.”
DiFiore v. Am. Airlines, Inc., 646 F.3d 81 (1st Cir. 2011). · cites it 3× “By the time of the third amended complaint — now the operative pleading — the claims against American were these: that American’s curbside check-in fee violated a Massachusetts statute governing tips, Mass. Gen. Laws ch. 149, § 152A (2008); that the airline’s conduct created…”
Bednark v. Catania Hosp. Grp., Inc., 942 N.E.2d 1007 (Mass. App. Ct. 2011). · cites it 7× “See G. L. c. 149, § 152A, as appearing in St.”
Smith v. Winter Place LLC, 447 Mass. 363 (Mass. 2006). · cites it 4× “149, § 148A, for complaining about what they perceived to be violations of the statute’s tip pooling provision, G. L. c. 149, § 152A. A Superior Court judge granted the defendants’ motion for summary judgment with respect to Kimball and Sosnitsky because their “complaints” about…”
Lipsitt v. Plaud, 994 N.E.2d 777 (Mass. 2013). · cites it 3× “12, 2013) (Mansfield), reasoned, and we agree, “[c]ases involving the Tips Act [G. L. c. 149, § 152A], the Wrongful Termination statute [G.”
Cooney v. Compass Grp. Foodservice, 870 N.E.2d 668 (Mass. App. Ct. 2007). · cites it 7× “We are called upon in this case to interpret and apply G. L. c. 149, § 152A, the Massachusetts Tips Act, as amended in 1983, see St.”
Yucesoy v. Uber Tech., Inc., 109 F. Supp. 3d 1259 (N.D. Cal. 2015). · cites it 9× “G.L. c. 149, § 152A. Unfortunately, neither side cited any eases which discuss the imposition of individual liability under the Tips Law, or the appropriate pleading standard to apply to claims brought against individuals pursuant to section 152A.”
DiFiore v. Am. Airlines, Inc., 561 F. Supp. 2d 131 (D. Mass. 2008). · cites it 7× “Mass. Gen. L. ch. 149 § 152A(a). Focusing on the presence of the word “employer” at the beginning of the definition, American argues that “[a] ‘service charge’ is something that can only be undertaken by an employer.”
Show all 61 citing cases →
— Mass. Gen. Laws ch. 149, § 152A(2004) — 1 case
Cooney v. Compass Grp. Foodservice, 18 Mass. L. Rptr. 567 (Mass. Super. Ct. 2004).
— Mass. Gen. Laws ch. 149, § 152A(a) — 9 cases
Matamoros v. Starbucks Corp., 699 F.3d 129 (1st Cir. 2012). “In the matter at hand, the district court, applying Massachusetts law in a class-action diversity case, concluded that the most recent version of the Tips Act, Mass. Gen. Laws ch. 149, § 152A, says what it *132 means and means what it says.”
Bednark v. Catania Hosp. Grp., Inc., 942 N.E.2d 1007 (Mass. App. Ct. 2011). “See G. L. c. 149, § 152A, as appearing in St.”
Yucesoy v. Uber Tech., Inc., 109 F. Supp. 3d 1259 (N.D. Cal. 2015). “G.L. c. 149, § 152A. Unfortunately, neither side cited any eases which discuss the imposition of individual liability under the Tips Law, or the appropriate pleading standard to apply to claims brought against individuals pursuant to section 152A.”
DiFiore v. Am. Airlines, Inc., 561 F. Supp. 2d 131 (D. Mass. 2008). “Mass. Gen. L. ch. 149 § 152A(a). Focusing on the presence of the word “employer” at the beginning of the definition, American argues that “[a] ‘service charge’ is something that can only be undertaken by an employer.”
Filo Foods, LLC v. City of SeaTac, 357 P.3d 1040 (Wash. 2015).
— Mass. Gen. Laws ch. 149, § 152A(b) — 9 cases
Matamoros v. Starbucks Corp., 699 F.3d 129 (1st Cir. 2012). “In the matter at hand, the district court, applying Massachusetts law in a class-action diversity case, concluded that the most recent version of the Tips Act, Mass. Gen. Laws ch. 149, § 152A, says what it *132 means and means what it says.”
DiFiore v. Am. Airlines, Inc., 646 F.3d 81 (1st Cir. 2011). “By the time of the third amended complaint — now the operative pleading — the claims against American were these: that American’s curbside check-in fee violated a Massachusetts statute governing tips, Mass. Gen. Laws ch. 149, § 152A (2008); that the airline’s conduct created…”
Mitchell v. US Airways, Inc., 858 F. Supp. 2d 137 (D. Mass. 2012).
Yucesoy v. Uber Tech., Inc., 109 F. Supp. 3d 1259 (N.D. Cal. 2015). “G.L. c. 149, § 152A. Unfortunately, neither side cited any eases which discuss the imposition of individual liability under the Tips Law, or the appropriate pleading standard to apply to claims brought against individuals pursuant to section 152A.”
DiFiore v. Am. Airlines, Inc., 561 F. Supp. 2d 131 (D. Mass. 2008). “Mass. Gen. L. ch. 149 § 152A(a). Focusing on the presence of the word “employer” at the beginning of the definition, American argues that “[a] ‘service charge’ is something that can only be undertaken by an employer.”
— Mass. Gen. Laws ch. 149, § 152A(c) — 1 case
Monteiro v. PJD Ent. of Worcester, Inc., 29 Mass. L. Rptr. 203 (Mass. Super. Ct. 2011).
— Mass. Gen. Laws ch. 149, § 152A(d) — 5 cases
Yucesoy v. Uber Tech., Inc., 109 F. Supp. 3d 1259 (N.D. Cal. 2015). “G.L. c. 149, § 152A. Unfortunately, neither side cited any eases which discuss the imposition of individual liability under the Tips Law, or the appropriate pleading standard to apply to claims brought against individuals pursuant to section 152A.”
Lazo v. Sodexo, Inc., 931 F.3d 29 (1st Cir. 2019).
John W. Baldwin, Jr., Robert N. Baldwin, James R. Baldwin, & John E. Baldwin v. Thomas P. Connor, Jr., Maria H. Connor, John J. Connor, II, Nicholas Kourtis, Polyvinyl Films, Inc., & Indusol, Inc. (Mass. Super. Ct. 2024).
Cadete Enter., Inc. v. Philadelphia Indem. Ins., 30 Mass. L. Rptr. 181 (Mass. Super. Ct. 2012).
Stone v. RB Portland (Me. Super. Ct 2013).
— Mass. Gen. Laws ch. 149, § 152A(f) — 2 cases
Matamoros v. Starbucks Corp., 699 F.3d 129 (1st Cir. 2012). “In the matter at hand, the district court, applying Massachusetts law in a class-action diversity case, concluded that the most recent version of the Tips Act, Mass. Gen. Laws ch. 149, § 152A, says what it *132 means and means what it says.”
DiFiore v. Am. Airlines, Inc., 646 F.3d 81 (1st Cir. 2011). “By the time of the third amended complaint — now the operative pleading — the claims against American were these: that American’s curbside check-in fee violated a Massachusetts statute governing tips, Mass. Gen. Laws ch. 149, § 152A (2008); that the airline’s conduct created…”
— Mass. Gen. Laws ch. 149, § 152A(g) — 1 case
Clark v. Legal Sea Foods, LLC, 32 Mass. L. Rptr. 375 (Mass. Super. Ct. 2014).
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