While the legislative session is still more than a month way, lawmakers are already busy at work crafting a plan to codify tip-pooling practices at state restaurants.
It?s a rare dining establishment that doesn?t practice some form of tip pooling ? the understanding that waiters and bartenders pass along a percentage of their gross sales to bus boys, maitre d?s, sommeliers, etc. Restaurant and Lodging association lobbyist Henry Veilleux says the practice benefits all involved.
"Essentially the purpose of a tip pooling program is to assure that every waitperson receives the same level of effort and support from the other member of the dining room team and that all the customers are provided with the same level of service."
Critics, however, are far less sure. They say the practice ? which federal law requires be voluntary -- its hard to police and can by exploited by restaurant owners dead set on keeping wages artificially low. Bedford Restaurant owner Guy Striatberger explains.
"If I tantalize and say you?re going to make 40 dollars a night in tips, I know that I don?t have to give ten dollars and hour I can give seven dollars and hour. Or for a bus person an bus person I should give them seven dollars an hour, but If I know there going to walk out with 40 or 50 dollars in tips I can give them $5.15 an hour. I just don?t? think that?s fair."
According to labor commissioner Jim Casey, tip polling in and of itself is not the problem. He says the abuses spring from insufficient oversight.
"We have that element out there that include everybody in tip pooling and then justify not paying the other people the minimum wage and then justify paying them sub minimum, like $2.65 an hour. We have to be consistent and notify all establishments that they have a responsibility to let their wait people know that tip pooling is a strictly voluntary condition."
While none of the restaurant workers in attendance shared tales of involuntary tip pooling, Penny Shoulis, a Concord waitress, confess4ed worries about what might happen if abuses were allowed to go unchecked.
"I can see restaurant that don?t? have the mandatory tip out going to it and I can see a lot of people getting dunned. I would probably be one of the first ones to get dunned if I had to tip all of these people."
Most lawmakers, however, seemed confident a proposal could be crafted to suit all parties. Jackson Republican Henry Mock says he canvassed restaurants in his area, and found workers and owners had common goals.
"They want tip sharing to be voluntary as determined by the employers. Make it clear who the minimum wage earners are in the industry. The policy shall not be a condition of employment. It?s pretty simple."
Lawmakers say they hope to have a plan drafted by the time the legislative session opens in January.
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