As more states and localities have rushed to mandate higher wages, paid leave benefits and predictive scheduling (Fair Workweek laws), many business interests and economic-focused organizations have cautioned about the impact these mandates may have on business over time. It would appear that those cautions are starting to come to fruition if one looks more…
Read More »We were delighted with the decision of the Massachusetts Supreme Judicial Court a week ago affirming that franchise owners have to right to decide whether to allow tipping in their stores. Meshna v Scrivanos was decided in favor of the franchise owner after the case was taken from the appellate court docket for direct review…
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DDIFO amicus brief was right on the money! Back in January, 2014, the Massachusetts Supreme Judicial Court, the highest court in the state, took up on direct appellate review the no tipping issues presented in the case of Meshna v Scrivanos. DDIFO acted quickly and in concert with the attorney for DD franchisee and plaintiff,…
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Despite getting our clarifying tip-pooling language passed in the House again this year (and defeated by one vote in the Senate for the second time in a row), the provision did not survive an economic development conference committee’s final report, thereby killing the effort for the current legislative session. Ambiguities in Massachusetts’ law, specifically the…
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Originally published on February 17th, 2013 in the Boston Globe. When customers drop change in a coffee shop’s tip jar, they expect the money will go to the employees who made their latte or served their doughnut. But recent court decisions have led to some of those employees being unfairly deprived — a problem the…
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Last week the Massachusetts Senate a jobs bills that aims to promote economic development. In total, Senators filed 126 amendments to modify Senate Bill 2350. One such amendment offered by Senator Rodrigues and Senator Tarr would bring clarity to the Massachusetts tip pooling law. Amendment #76 that we offered would replace Massachusetts’ vague tip pooling…
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This is a must listen! Robert Branca, a Dunkin’ Donut franchisee in Mass, NY, Ohio and Fla, spoke to Jeff Katz a radio talk show host in the Boston area on AM 1200 this morning (7/19/2012) at 8:30 am. They may have gotten his title wrong but he did a great job in explaining how all the good intentions legislators have and many times it is warranted, can lead to momumental problems for small business owners and in the case of the tip-pooling law in Mass. negatively impact lower wage workers and customers.
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The United States Department of Labor, Wage and Hour Division issued important new directives to its field investigators. These directives will impact employers who employ individuals who pool gratuities. The Wage and Hour Division’s Field Assistance Bulletin No. 2012-2 rejects the ruling of a Federal appeals court and advises field staff that the department’s 2011…
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In Massachusetts, one regulation is not only harming small businesses, it’s also taking money out of the pockets of employees in virtually every city and town. Massachusetts’ tip-pooling law is preventing people who work behind the counter at Dunkin’ Donuts and other quick service restaurants from receiving tips. Leaving extra change—or an occasional dollar bill—in a tip cup is a time-honored tradition for Bay State coffee drinkers.
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CNBC reports that Starbucks Corp on Monday won dismissal of a lawsuit by former assistant store managers in New York who accused the world’s largest coffee chain of cheating them out of customer tips.
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