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The Blue Hill Country Club broke the tip law by listing “service” charges on its bills, but failing to provide the related tips to workers, the state’s highest court ruled on Monday.
The Supreme Court overturned a lower court order in favor of Blue Hill and referred the case back to the Superior Court for further processing. Blue Hill had argued that the term used on a customer’s invoice was poorly worded and that the disputed charges were allowed to be retained under the “safe harbor” provision of the law, but the High Court said that the safe harbor provision “does not apply in these circumstances. . “
“As we noted earlier, ‘[t]he legislature intended to ensure that service employees receive all revenue from service charges, and any interpretation of the definition of “service charge” must reflect this intention, ”Judge Serge Georges wrote in his decision. “A simple reading of the language of the final bill, labeling the disputed charges as ‘service’ charges, accomplishes this goal. “
Paul Holtzman of Krokidas & Bluestein represented the workers in the case and said the ruling was “important confirmation that Massachusetts law offers clear protection against workers having their tips removed.”
“It is gratifying that this victory means that these workers will now receive not only their back wages and tips, but also the mandatory triple damages designed to deter future violations,” he said in a statement. “It is also an important reminder of the broad scope of the tip law protecting workers in hotels, spas, hair and nail salons, restaurants, food halls and country clubs – anyone practicing a profession in which employees usually receive tips. “
Judge Scott Kafker dissented, writing that he believed the tip law had not been violated.
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