Fraser v. Pears Co.

This case presents the novel issue whether it is lawful for a restaurant to mandate tip sharing or tip pooling amongst its wait staff and others involved in serving its patrons. The issue arises under the following wage payment statute, G.L.c. 149, §152A:

No employer or other person shall solicit, demand, request or accept from any employee engaged in the serving of food or beverage any payment of any nature from tips or gratuities received by such an employee during the course of his employment, or from wages earned by such employee or retain for himself any tips or gratuities given directly…