Massachusetts Tip Pooling Laws (2026)
Massachusetts limits tip pools to wait staff, service employees and service bartenders, so cooks, dishwashers and other kitchen staff cannot share tips even when they are paid the full $15.00 minimum, and managers cannot share on any day they manage. The tipped cash wage is $6.75 an hour, and a service charge must go entirely to the eligible staff unless it is clearly labeled as a house fee.
Last reviewed October 11, 2026.
At a glance
| Minimum wage | $15.00 an hour |
|---|---|
| Tipped cash wage | $6.75 an hour; wage plus tips checked each shift |
| Required tip pools | Wait staff, service employees and service bartenders only |
| Back-of-house in a pool | Not allowed |
| Managers | Not on any day with managerial duties |
| Service charges | All to eligible staff, unless disclosed as a house fee |
Tipped wage
An employer may pay a tipped employee a cash wage of $6.75 an hour if the employee gets more than $20 a month in tips and wage plus tips reaches at least the $15.00 minimum, checked at the end of each shift (M.G.L. c. 151, § 7). The employer must also give written notice and run a valid tip pool; otherwise it owes the full minimum wage (454 CMR 27.03). A 2024 ballot question that would have phased out the tip credit and let kitchen staff into pools failed.
Who can share in a tip pool
The Tips Act bars an employer from making wait staff, service employees or service bartenders put tips into a pool that pays anyone outside those groups (M.G.L. c. 149, § 152A). Wait staff include servers, bussers and counter staff in quick service restaurants, as long as they have no managerial responsibility that day; a service bartender makes drinks for other employees to serve.
The Attorney General names kitchen and administrative staff as not eligible, so back-of-house staff cannot share tips in Massachusetts even at full minimum wage, which is stricter than federal law.
Managers
According to the Attorney General, shift supervisors, assistant managers, banquet captains and many maître d’s do not qualify as wait staff, and managers who help serve cannot share in a pool on a day when they have any managerial responsibilities. In June 2025 the Attorney General cited a Boston restaurant $1.8 million for including captains with managerial duties in its pool.
Service charges
If a restaurant adds a service charge, the total proceeds must go only to wait staff, service employees or service bartenders, in proportion to the service they gave. A house or administrative fee can be kept by the employer only if it is clearly described to the patron as not a tip or service charge, and vaguely named fees such as a “service fee” are treated as service charges. A properly disclosed non-tip fee, such as a kitchen appreciation fee, can be distributed at the employer’s discretion, for example to kitchen staff.
Credit card tips
Official guidance does not mention card processing fees by name. The Tips Act counts amounts a card patron designates as tips and bars any deduction from a tip, and the Attorney General says the Act removes any distinction between cash and card tips, which points against deducting fees. Get legal advice before doing it.
Records
Payroll records are kept for three years (c. 151, § 15). An employer may administer a valid tip pool and keep records of the amounts received for bookkeeping or tax purposes.
Massachusetts tip pooling FAQ
Can kitchen staff share tips in Massachusetts?
No. Tip pools can include only wait staff, service employees and service bartenders, so cooks and dishwashers cannot share even if paid the full minimum wage. A clearly disclosed non-tip fee, such as a kitchen appreciation fee, can be shared with them.
What is the tipped minimum wage in Massachusetts?
$6.75 an hour, as long as wage plus tips reaches at least $15.00 an hour, checked each shift.
Can a manager share in a tip pool in Massachusetts?
Not on any day they have managerial responsibility, even if they also serve guests.
Who gets a service charge in Massachusetts?
All of it goes to the wait staff, service employees or service bartenders who served, unless the fee is clearly disclosed as a house or administrative fee that is not a tip.
Official sources
- M.G.L. c. 149, § 152A (Tips Act)
- M.G.L. c. 151, § 7
- M.G.L. c. 151, § 1
- 454 CMR 27.00: Minimum wage
- Attorney General: Advisory on tips
- Attorney General: Pay and recordkeeping
- Attorney General: Zuma Boston citation (2025)
This page summarizes the law for restaurant operators and staff; it is not legal advice. Wages and rules change, and cities can set their own minimums. Check the linked official sources, or ask an employment lawyer, before changing how you handle tips.