In Massachusetts, there’s now a new definition of what’s considered a “wait staff employee” in the restaurant industry, thanks to HB 5250.

A wait staff employee is a waiter/waitress, bus person or someone working in a quick-service restaurant who prepares or serves food or beverages as part of a team of counter staff. The definition also includes counter employees who:

  • work in a banquet facility, restaurant or other place where food or beverages are served, and
  • serve food or beverages directly to customers or clear customers’ tables
  • have no managerial responsibilities on days they serve or clear tables

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