Massachusetts Voters Reject Proposal to End Tipped Minimum Wage

November 7, 2024

On November 5, 2024, Massachusetts voters decisively rejected Question 5, a ballot initiative that sought to increase the minimum wage for tipped employees, aligning it with the standard minimum wage for all workers in the state. This measure proposed to gradually raise the base wage for tipped workers until it matched the state’s minimum wage, without taking into account tips. By rejecting this proposal, Massachusetts voters have chosen to retain the current two-tiered wage structure, which maintains a lower base wage for tipped employees, provided their total earnings meet or exceed the minimum wage through tips.

 

Background on Question 5 and Its Potential Impact

 

Question 5 was designed to phase out Massachusetts’ separate tipped minimum wage over several years. Currently, Massachusetts General Laws Chapter 151, Section 7 allows employers to pay a lower “service rate” to employees who regularly receive tips, which stands at $6.75 per hour. Under this law, employers are obligated to ensure that tipped employees’ total compensation, combining the service rate and tips, meets the state’s minimum wage, which is $15.00 per hour under Chapter 151, Section 1. If tips fall short, the employer must make up the difference.

 

The proposed law under Question 5 would have gradually raised the hourly wage for tipped workers until it was equal to the general minimum wage, eliminating the current requirement that tips make up the difference. By doing so, it aimed to provide tipped employees with a stable, predictable income without relying on tips to reach the minimum wage.

 

Legal Implications of the Rejection for Employers

 

With Question 5 rejected, Massachusetts employers will continue to follow the current requirements for tipped employees as outlined in Chapter 151, Section 7 and Chapter 149, Section 152A. Key legal implications include:

 

  1. Employers must continue to ensure that tipped employees’ combined wages, including tips, meet or exceed the state minimum wage. If employees’ tips do not reach this threshold, employers are responsible for covering the difference under Chapter 151, Section 7.
  2. Under Chapter 149, Section 152A, tips are strictly the property of employees, and employers must comply with state laws on tip pooling and distribution.
  3. Although Question 5 was rejected, discussions around tipped wages and fair compensation may lead to future legislative initiatives. Employers should remain aware of potential changes to ensure ongoing compliance with evolving wage laws.
  4. For businesses operating in multiple states, Massachusetts’ approach to tipped wages differs from states that mandate a single minimum wage for all employees, such as California. Employers must ensure they meet Massachusetts’ specific tipped wage regulations alongside other state laws.

 

Compliance Recommendations for Massachusetts Employers

 

With the tipped minimum wage system remaining in place, employers should continue to prioritize compliance through practical measures:

 

• Regular Wage and Tip Audits: Conducting audits of tipped employees’ earnings can help verify compliance with Chapter 151, Section 7 and prevent potential wage claims.

• Clear Tip Policies: Transparent policies regarding tip handling, tip pooling, and service charges are essential under Chapter 149, Section 152A to minimize disputes and ensure compliance.

• Management Training: Employers should provide regular training for managers overseeing tipped employees to ensure they understand wage and hour regulations and maintain lawful tip and wage practices.

 

Looking Ahead

 

Massachusetts voters’ choice to reject Question 5 retains the current wage structure for tipped employees, but ongoing discussions around fair compensation may drive future proposals. Employers should monitor legal developments closely and work with legal counsel to ensure compliance with Massachusetts wage laws as the regulatory landscape continues to evolve.

 

If your business has any questions on this topic and would like further guidance on Massachusetts wage compliance, or any other matters please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.


July 25, 2025
On June 27, 2025, the U.S. Supreme Court ruled in Trump v. CASA that federal district courts cannot block executive orders for the entire country. The Court held that such broad injunctions exceed the authority Congress granted under the Judiciary Act of 1789. Courts may now only stop enforcement for the parties in the case—not for everyone else. What Happened in the Case President Trump issued Executive Order 14160 in early 2025. It denies birthright citizenship to children born in the U.S. if neither parent is a citizen or lawful permanent resident. Multiple lawsuits followed. Three federal courts blocked the order nationwide. The Supreme Court disagreed. It sent the case back and told the lower courts to revise the injunctions to cover only the named plaintiffs. The Court did not decide whether the order itself violates the Constitution. It ruled only on how far a court’s injunction can reach. Why It Matters to Employers The ruling affects how quickly and widely federal courts can stop controversial policies, especially during fast-changing political cycles. Employers have often relied on national injunctions to pause new mandates on wages, workplace safety, pay transparency, and non-compete agreements. This decision limits that option. The Court said nothing about injunctions under the Administrative Procedure Act, which governs agency rules. But the opinion raises doubts about whether even those can continue on a nationwide scale. Justice Kavanaugh suggested they might, but the Court left that question for another day. What This Means for You No nationwide protection unless you sue If your business is not part of the case, you likely cannot rely on someone else’s win. You must litigate directly to get relief. Rules may take effect in one state and not another A federal court in Texas may block a rule, while a court in New York upholds it. National companies may face conflicting rules and inconsistent enforcement. Trade groups cannot shield you Even if your industry association wins an injunction, it may apply only to their members or to the parties named in the lawsuit. Older rulings may now shrink Past national injunctions—on vaccine mandates, non-compete bans, overtime rules, or joint-employer standards—could be challenged or narrowed based on this ruling. More class actions are likely Some plaintiffs may now push for class certification to restore broader relief. Employers could face more complex litigation as a result. Next Steps for Employers Identify any current or past rules your business has relied on that are being blocked nationwide. Confirm whether you were covered by name or just assumed you were protected. Reassess your risk exposure for pending federal actions under OSHA, the EEOC, the DOL, or the NLRB. Monitor APA-based injunctions to see whether courts continue to grant broad relief under that statute. Consider joining strategic litigation early if new executive orders or agency rules would harm your operations. You cannot assume another company’s lawsuit will protect you. The Court narrowed that path. To block a federal mandate, you may now need to act alone—or join the fight directly. Michael P. Lewis is an attorney at The Royal Law Firm with experience advising clients through the litigation process. Michael helps employers resolve workplace challenges with focus, precision, and judgment. He counsels and defends businesses across Massachusetts and Connecticut, handling matters involving discrimination, harassment, retaliation, wage and hour claims, restrictive covenants, and breach of contract. His practice includes litigation in state and federal courts and before administrative agencies. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.