Blue Hill Nation Membership violated the Ideas Act by itemizing prices for “service” on its invoices however failing to ship associated gratuities to staff, the state’s highest courtroom dominated Monday.
The Supreme Judicial Courtroom vacated a decrease courtroom order in Blue Hill’s favor and remanded the matter to the Superior Courtroom for additional proceedings. Blue Hill had maintained that the time period used on a patron bill was poor drafting and that it was permitted to retain the disputed prices underneath the act’s “protected harbor” provision, however the excessive courtroom mentioned the protected harbor provision “doesn’t apply in these circumstances.”
“As we now have beforehand famous, ‘[t]he Legislature meant to make sure that service workers obtain all of the proceeds from service prices, and any interpretation of the definition of ‘service cost’ should replicate that intent,” Justice Serge Georges wrote in his ruling. “A plain studying of the language of the ultimate bill, labeling the disputed charge as a “service” cost, accomplishes this objective.”
Paul Holtzman of Krokidas & Bluestein represented staff within the case and mentioned the ruling was an “essential affirmation that Massachusetts regulation offers clear safety towards staff having their suggestions taken from them.”
“It’s gratifying that this victory means these staff will now obtain not solely their again wages and suggestions, but in addition the necessary treble damages designed to discourage future violations,” he mentioned in an announcement. “It is usually an essential reminder of the broad scope of the Ideas Act defending staff at accommodations, spas, hair and nail salons, eating places, catering halls and nation golf equipment – anybody in an occupation by which workers usually obtain suggestions.”
Choose Scott Kafker dissented, writing that he believed that Ideas Act was not violated.