Where the Fair Labor Division of the Attorney General’s Office found that the proprietor of Northbridge House of Pizza failed to pay the minimum wage to two of his employees, that finding should be upheld despite the fact that the employees received tips for making deliveries.
“General Laws c. 151, §7, provides an exception to the minimum wage in the case of a ‘tipped employee,’ i.e., an employee who regularly receives more than $20.00 per month in tips. …
“Under the unique circumstances of this case, it was reasonable for the Fair Labor Division to apportion the employees’ time between their time spent doing deliveries, for which they received tips, and their time spent working inside the restaurant, for which they did not receive any gratuities. …”
Roufail v. Office of the Attorney General (Lawyers Weekly No. 27-025-23) (13 pages) (Wheatley, Administrative Magistrate) (Division of Administrative Law Appeals) Amir Roufail, pro se; Anita V. Maietta for the respondent (Docket Nos. LB-0406 through 0409) (June 6, 2023).
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