Massachusetts Question 5, Minimum Wage for Tipped Employees Initiative (2024)
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Massachusetts Question 5 | |
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Election date November 5, 2024 | |
Topic Minimum wage | |
Status![]() | |
Type State statute | Origin Citizens |
Massachusetts Question 5, the Minimum Wage for Tipped Employees Initiative, was on the ballot in Massachusetts as an indirect initiated state statute on November 5, 2024.[1][2] The ballot measure was defeated.
A "yes" vote supported gradually increasing the wage of tipped employees until it meets the state minimum wage in 2029 and continues to permit tipping in addition to the minimum wage. |
A "no" vote opposed gradually increasing the wage of tipped employees until it meets the state minimum wage in 2029. |
Election results
See also: Results for minimum wage and labor-related ballot measures, 2024
Massachusetts Question 5 |
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Result | Votes | Percentage | ||
Yes | 1,200,980 | 35.87% | ||
2,147,245 | 64.13% |
Overview
How would Question 5 have changed the way tipped employees are paid in the state?
- See also: Text of measure
Question 5 was designed to gradually increase the minimum wage for tipped employees according to the following schedule:[1]
- 64% of the state minimum wage on January 1, 2025;
- 73% of the state minimum wage on January 1, 2026;
- 82% of the state minimum wage on January 1, 2027;
- 91% of the state minimum wage on January 1, 2028; and
- 100% of the state minimum wage on January 1, 2029.
Under this measure, tipped employees would have been paid the state minimum wage in addition to tips received.
As of January 2024, the minimum wage for tipped employees in Massachusetts was $6.75 in addition to tips, and the minimum wage for non-tipped employees was $15.00.[3]
Who supported and opposed Question 5?
- See also: Support and Opposition
One Fair Wage Plus Tips MA led the campaign in support of Question 5. State Rep. Tricia Farley-Bouvier (D) and State Sen. Patricia D. Jehlen (D) endorsed the measure. One Fair Wage said, "Thousands of tipped workers in Massachusetts are leaving the restaurant industry and are not willing to return without One Fair Wage, and nearly 250 Massachusetts employers are now paying One Fair Wage to recruit staff and seek a level playing field — the time to pass One Fair Wage is now."[4]
Committee to Protect Tips led the campaign in opposition to the initiative. The Massachusetts Restaurant Association opposed the initiative. Steve Clark, president and CEO of the Massachusetts Restaurant Association, said, "If this ballot question passes, it's going to impact three piers. It's going to impact the server themselves, who's going to make less money. It's going to impact the restaurant owner, who's going to have higher costs upwards of $18,000 dollars per tip employee to implement this, and it's going to have a higher cost for the consumer because there's going to be higher costs."[5]
Have other states voted on similar measures?
- See also: Washington, D.C., Initiative 82 (2022)
Ballotpedia has not tracked any similar statewide measures related to raising the minimum wage for tipped employees. However, in 2022, voters in Washington, D.C. approved Initiative 82 with 73.94% of the vote, increasing the tipped minimum wage from $5.35 in 2022 to match the minimum wage of non-tipped employees in 2027.
Ballotpedia has also tracked 28 minimum wage increase measures on statewide ballots between 1996 and 2022. Voters approved 26 (92.86%) and rejected two (7.14%).
Text of measure
Ballot question
The ballot question was as follows:[6]
“ | Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024?[7] | ” |
Ballot summary
The final ballot summary for Question 5 was as follows.[6]
“ | This proposed law would gradually increase the minimum hourly wage an employer must pay a tipped worker, over the course of five years, on the following schedule:
The proposed law would require employers to continue to pay tipped workers the difference between the state minimum wage and the total amount a tipped worker receives in hourly wages plus tips through the end of 2028. The proposed law would also permit employers to calculate this difference over the entire weekly or bi-weekly payroll period. The requirement to pay this difference would cease when the required hourly wage for tipped workers would become 100% of the state minimum wage on January 1, 2029. Under the proposed law, if an employer pays its workers an hourly wage that is at least the state minimum wage, the employer would be permitted to administer a “tip pool” that combines all the tips given by customers to tipped workers and distributes them among all the workers, including non-tipped workers.[7] |
” |
Full text
The full text of the ballot measure is below:[1]
Readability score
- See also: Ballot measure readability scores, 2024
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 11, and the FRE is 59. The word count for the ballot title is 24.
The FKGL for the ballot summary is grade level 9, and the FRE is 59. The word count for the ballot summary is 202.
Support
One Fair Wage Plus Tips MA led the campaign in support of Question 5.[4]
Supporters
Officials
- State Sen. Patricia D. Jehlen (D)
- State Rep. Tricia Farley-Bouvier (D)
Former Officials
- Former Secretary of State Hillary Clinton (D)
Organizations
Arguments
Opposition
Committee to Protect Tips led the campaign in opposition to the initiative.[5]
Opponents
Organizations
Arguments
Campaign finance
One committee registered in support of Question 5—One Fair Wage Plus Tips MA Committee. One committee registered in opposition to Question 5—Committee to Protect Tips.[8]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $889,526.25 | $1,036,954.37 | $1,926,480.62 | $747,373.46 | $1,784,327.83 |
Oppose | $2,515,568.97 | $658,123.44 | $3,173,692.41 | $2,515,568.24 | $3,173,691.68 |
Total | $3,405,095.22 | $1,695,077.81 | $5,100,173.03 | $3,262,941.70 | $4,958,019.51 |
Support
The following table includes contribution and expenditure totals for the committee in support of the ballot measure.[8]
Committees in support of Question 5 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
One Fair Wage Plus Tips MA Committee | $889,526.25 | $1,036,954.37 | $1,926,480.62 | $747,373.46 | $1,784,327.83 |
Total | $889,526.25 | $1,036,954.37 | $1,926,480.62 | $747,373.46 | $1,784,327.83 |
Donors
The following table shows the top donors to the committee registered in support of the ballot measure.[8]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
One Fair Wage Inc. | $720,100.00 | $976,181.10 | $1,696,281.10 |
Brazilian Workers Center | $24,900.00 | $0.00 | $24,900.00 |
Shannon Liss-Riordan | $20,000.00 | $0.00 | $20,000.00 |
Betsey St. Onge | $2,500.00 | $0.00 | $2,500.00 |
Deborah Benson | $2,500.00 | $0.00 | $2,500.00 |
Georgia Murray | $2,500.00 | $0.00 | $2,500.00 |
Patricia O'Brien | $2,000.00 | $0.00 | $2,000.00 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to the ballot measure.[8]
Committees in opposition to Question 5 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Committee to Protect Tips | $2,515,568.97 | $658,123.44 | $3,173,692.41 | $2,515,568.24 | $3,173,691.68 |
Total | $2,515,568.97 | $658,123.44 | $3,173,692.41 | $2,515,568.24 | $3,173,691.68 |
Donors
The following table shows the top donors to the committee registered in opposition to the ballot measure.[8]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Massachusetts Restaurant Association | $191,773.97 | $626,410.07 | $818,184.04 |
Wine & Spirit Wholesalers of Massachusetts Inc | $100,000.00 | $606,116.66 | $706,116.66 |
Darden Corp. | $500,000.00 | $0.00 | $500,000.00 |
National Restaurant Association | $300,000.00 | $0.00 | $300,000.00 |
Thomas Kershaw | $200,000.00 | $0.00 | $200,000.00 |
Media editorials
- See also: 2024 ballot measure media endorsements
Support
The following media editorial boards published an editorial supporting the ballot measure:
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Opposition
The following media editorial boards published an editorial opposing the ballot measure:
Polls
- See also: 2024 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
Massachusetts Question 5, Minimum Wage for Tipped Employees Initiative (2024) | ||||||
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Emerson College Polling/WHDH | 10/24/2024-10/26/2024 | 1,000 RV | ± 3.0% | 42% | 51% | 7% |
Question: "Would you vote yes or no on Massachusetts Question 5, which would gradually increase the minimum hourly wage an employer must pay a tipped worker over the course of five years?" | ||||||
University of Massachusetts Amherst/WCVB | 10/03/2024-10/10/2024 | 700 RV | ± 4.8% | 61% | 27% | 13% |
Question: "Question 5 - would gradually increase the minimum hourly wage an employer must pay a tipped worker over the next five years, so that tipped workers would be paid the full state minimum wage by January 1, 2029." | ||||||
WBUR & CommonWealth Beacon Poll | 09/12/2024-09/18/2024 | 800 LV | ± 4.1% | 43% | 40% | 16% |
Question: "There will be a question on the November 2024 ballot in Massachusetts regarding the minimum wage for tipped workers. A yes vote would increase the minimum hourly wage an employer must pay a tipped worker to the full state minimum wage implemented over five years, at which point employers could pool all tips and distribute them to all non-management workers. A no vote would make no change to existing law. If the election were held today, how would you vote on this proposal?" | ||||||
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.
Background
Massachusetts House Bill 4640 (2018)
Struck as a deal between the legislature and the group Raise Up Massachusetts, which was campaigning for a ballot initiative, House Bill 4640 was designed to increase the minimum wage each year until reaching $15.00 in 2023 but did not tack the minimum wage to inflation thereafter. The ballot initiative sponsored by Raise Up Massachusetts would have increased the minimum wage to $15.00 in 2022 and tacked the minimum wage to inflation.[9]
As of January 1, 2024, the minimum wage in Massachusetts was $15.00 for non-tipped employees and $6.75 for tipped employees.[10]
Washington, D.C., Initiative 82, Increase Minimum Wage for Tipped Employees Measure (2022)
In 2022, Washington, D.C. voters approved a similar ballot measure increasing the tipped minimum wage from $5.35 in 2022 to match the minimum wage of non-tipped employees in 2027. The initiative established the following minimum wages for tipped employees:[11]
- $6.00 per hour by January 1, 2023;
- $8.00 per hour by July 1, 2023;
- $10.00 per hour by July 1, 2024;
- $12.00 per hour by July 1, 2025;
- $14.00 per hour by July 1, 2026; and
- equal to non-tipped employee minimum wage by July 1, 2027.
It was approved with 73.94% of the vote.
Minimum wage by state
The average minimum wage in 2024 was $10.69, up from $10.47 in 2023 and $9.85 in 2022.
After 2024 increases, minimum wages were set to be highest in Washington ($17.00 per hour) and California ($16.00 per hour). Minimum wages were set to be the lowest in Georgia and Wyoming, where the states' $5.15 minimum wages are superseded by the federal government's $7.25 per hour requirement. Going into 2024, 20 states used the federal minimum wage rate of $7.25, and 30 states provided for state minimum wages above the federal minimum wage.
The map below shows state minimum wages in 2024:
Minimum wage ballot measures
- See also: Minimum wage laws ballot measures
From 1996 to 2024, there were 32 ballot measures to increase state minimum wages. Voters approved 28 (87.50%) and rejected four (12.50%).[12] In 2024, California and Massachusetts became the first states to reject minimum wage increase ballot measures since 1996. The other two defeated measures were on the ballot in 1996 in Missouri and Montana.
The following chart shows election outcomes for minimum wage increase ballot measures from 1996 to 2024.
Measures to increase state minimum wages (1996-2024) | |||||||
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Year | State | Measure | Wage | Type | Yes votes (%) | No votes (%) | Outcome |
2024 | California | Proposition 32 | $18.00 (2026) | Initiative | N/A | N/A | ![]() |
2024 | Massachusetts | Question 5 | $15.00 (2029) for Tipped Employees[13] | Initiative | N/A | N/A | ![]() |
2024 | Missouri | Proposition A | $15.00 (2026) | Initiative | N/A | N/A | ![]() |
2024 | Alaska | Ballot Measure 1 | $15.00 (2027) | Initiative | N/A | N/A | ![]() |
2022 | Nebraska | Initiative 433 | $15.00 (2026) | Initiative | 58.66% | 41.34% | ![]() |
2022 | Nevada | Amendment 2 | $12.00 (2024) | Referral | 55.18% | 44.82% | ![]() |
2020 | Florida | Amendment 2 | $15.00 (2026) | Initiative | 60.82% | 39.18% | ![]() |
2018 | Arkansas | Issue 5 | $11.00 (2021) | Initiative | 68.46% | 31.54% | ![]() |
2018 | Missouri | Proposition B | $12.00 (2023) | Initiative | 62.34% | 37.66% | ![]() |
2016 | Arizona | Proposition 206 | $12.00 (2020) | Initiative | 58.33% | 41.67% | ![]() |
2016 | Colorado | Amendment 70 | $12.00 (2020) | Initiative | 55.36% | 44.64% | ![]() |
2016 | Maine | Question 4 | $12.00 (2020) | Initiative | 55.50% | 44.50% | ![]() |
2016 | Washington | Initiative 1433 | $13.50 (2020) | Initiative | 57.42% | 42.58% | ![]() |
2014 | Alaska | Measure 3 | $9.75 (2016) | Initiative | 69.35% | 30.65% | ![]() |
2014 | Arkansas | Issue 5 | $8.50 (2017) | Initiative | 65.94% | 34.06% | ![]() |
2014 | Nebraska | Initiative 425 | $9.00 (2016) | Initiative | 59.47% | 40.53% | ![]() |
2014 | South Dakota | Measure 18 | $8.50 (2015) | Initiative | 55.05% | 44.95% | ![]() |
2013 | New Jersey | Question 2 | $8.25 (2014) | Referral | 61.26% | 38.74% | ![]() |
2006 | Arizona | Proposition 2022 | $6.75 (2007) | Initiative | 65.37% | 34.63% | ![]() |
2006 | Colorado | Initiative 42 | $6.85 (2007) | Initiative | 53.30% | 46.70% | ![]() |
2006 | Missouri | Proposition B | $6.50 (2007) | Initiative | 75.94% | 24.06% | ![]() |
2006 | Montana | I-151 | $6.50 (2007) | Initiative | 72.69% | 27.31% | ![]() |
2006 | Nevada | Question 6 | $6.15 (2006)[14] | Initiative | 68.71% | 31.29% | ![]() |
2006 | Ohio | Amendment 2 | $6.85 (2007) | Initiative | 56.65% | 43.35% | ![]() |
2004 | Florida | Amendment 5 | $6.15 (2005) | Initiative | 71.25% | 28.75% | ![]() |
2004 | Nevada | Question 6 | $6.15 (2006)[14] | Initiative | 68.4% | 31.6% | ![]() |
2002 | Oregon | Measure 25 | $6.90 (2003) | Initiative | 51.3% | 48.7% | ![]() |
1998 | Washington | Initiative 688 | $6.50 (2000) | Initiative | 66.1% | 33.9% | ![]() |
1996 | California | Proposition 210 | $5.75 (1998) | Initiative | 61.45% | 38.55% | ![]() |
1996 | Missouri | Proposition A | $6.75 (1999)[15] | Initiative | 28.70% | 71.30% | ![]() |
1996 | Montana | I-121 | $6.25 (2000) | Initiative | 43.53% | 56.47% | ![]() |
1996 | Oregon | Measure 36 | $6.50 (1999) | Initiative | 56.85% | 43.15% | ![]() |
Path to the ballot
The state process
In Massachusetts, the number of signatures required to qualify an indirect initiated state statute for the ballot is equal to 3.5 percent of the votes cast for governor in the most recent gubernatorial election. No more than one-quarter of the verified signatures on any petition can come from a single county. The process for initiated state statutes in Massachusetts is indirect, which means the legislature has a chance to approve initiatives with successful petitions directly without the measure going to the voters. A first round of signatures equal to 3 percent of the votes cast for governor is required to put an initiative before the legislature. A second round of signatures equal to 0.5 percent of the votes cast for governor in the last election is required to put the measure on the ballot if the legislature rejects or declines to act on a proposed initiated statute. Signatures for initiated statutes in Massachusetts are collected in two circulation periods. The first period runs from the third Wednesday in September to two weeks prior to the first Wednesday in December, a period of nine weeks. If the proposed law is not adopted by the first Wednesday of May, petitioners then have until the first Wednesday of July (eight weeks) to request additional petition forms and submit the second round of signatures.
The requirements to get an initiated state statute certified for the 2024 ballot:
- Signatures required (first round): 74,574 signatures
- Signatures required (second round): 12,429 signatures
- Deadline (first round): The deadline to submit the first round of signatures to the secretary of state was December 6, 2023. Signatures needed to be submitted to local registrars by November 22, 2023.
- Deadline (second round): The deadline to submit the second round of signatures was July 3, 2024.
If enough signatures are submitted in the first round, the legislature must act on a successful petition by the first Wednesday of May. The measure only goes on the ballot if the legislature does not pass it and if the second round of signatures is successfully collected.
Details about this initiative
- The initiative was filed in August 2023 by Mana Javadi.[2]
- On September 6, 2023, the initiative was cleared for signature gathering.[2]
- On November 22, 2023, Politico reported that the campaign had filed signatures with local registrars.[16]
- On December 6, 2023, the Boston Herald reported that more than 85,000 signatures were submitted.[17]
- On January 3, 2024, the secretary of state reported that the campaign filed 84,804 valid signatures.[18]
- In February 2024, the Massachusetts Restaurant Association filed a lawsuit against the initiative with the Supreme Judicial Court arguing that the initiative contained disparate topics.[19]
- The state legislature did not pass the initiative by the May 1 deadline. The campaign was cleared to gather a second round of signatures.
- The campaign submitted 12,565 valid signatures for the second round by the deadline.[20]
- On July 10, Massachusetts Restaurant Association Director of Government Affairs Jessica Muradian filed a complaint with election officials arguing that approximately 140 signatures were invalid.[21]
- On July 17, the Massachusetts Restaurant Association withdrew its signature challenge. The secretary of state certified the initiative for the ballot.[22]
Sponsors of the measure hired Ballot Access Management, Signature Drive, Accelevate 2020, Nationwide Ballot Access, Allied Data Services, One Fair Wage Action and Inc. to collect signatures for the petition to qualify this measure for the ballot. A total of $679,842.37 was spent to collect the 87,003 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $7.81.
How to cast a vote
- See also: Voting in Massachusetts
See below to learn more about current voter registration rules, identification requirements, and poll times in Massachusetts.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Massachusetts Attorney General's Office, "Full text," accessed July 31, 2023
- ↑ 2.0 2.1 2.2 Massachusetts Attorney General's Office, "List of petitions," accessed July 25, 2023
- ↑ Mass.gov, "Minimum wage program," accessed February 14, 2024
- ↑ 4.0 4.1 One Fair Wage, "Massachusetts," accessed February 1, 2024
- ↑ 5.0 5.1 NBC Boston, "Tipped wage measure divides Mass. hospitality industry," March 12, 2024
- ↑ 6.0 6.1 Massachusetts Secretary of State, "2024 Information for Voters," accessed September 13, 2024
- ↑ 7.0 7.1 7.2 7.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 8.0 8.1 8.2 8.3 8.4 Massachusetts Campaign Finance, "One Fair Wage Plus Tips MA Committee," accessed January 29, 2024
- ↑ Boston.com, "What you need to know about the ‘grand bargain’ that Charlie Baker just signed into law," June 28, 2018
- ↑ Mass.gov, "Massachusetts law about minimum wage," accessed March 12, 2024
- ↑ D.C. Board of Elections, "Initiative 82," accessed December 22, 2021
- ↑ Note: In 2014, voters approved an advisory question on increasing the minimum wage in Illinois. As this question was nonbinding, the measure is not counted here.
- ↑ Question 5 would have increased the minimum wage for tipped employees to match the general state minimum wage, which was $15.00 in 2024.
- ↑ 14.0 14.1 Question 6 required employers to compensate employees $5.15 per hour when the employer provides health benefits or $6.15 per hour when the employer does not provide health benefits.
- ↑ Proposition A would have also added 15 cents to the minimum wage each year beginning in 2000.
- ↑ Politico, "Big day for ballot questions," November 22, 2023
- ↑ Boston Herald, "Nixing MCAS requirement, psychedelic decriminalization advance toward 2024 ballot," December 6, 2023
- ↑ Ballotpedia Staff, "Email correspondence with Victoria Rose," January 3, 2024
- ↑ Mass Live, "Half of Mass. 2024 ballot questions are facing legal challenges," February 17, 2024
- ↑ Boston Herald, "Ballot questions continue march toward November after clearing latest signature hurdle," June 18, 2024
- ↑ WWLP, "Commission to hear challenge to tipped worker ballot question," June 11, 2024
- ↑ WLIW, "Tipped minimum wage question heads to November ballot after opponents withdraw challenge," July 18, 2024
- ↑ Secretary of the Commonwealth of Massachusetts, "The Voting Process," accessed April 13, 2023
- ↑ 24.0 24.1 24.2 Secretary of the Commonwealth of Massachusetts, "Voter Registration Information," accessed April 13, 2023
- ↑ Governing, “Automatic Voter Registration Gains Bipartisan Momentum,” accessed April 13, 2023
- ↑ 26.0 26.1 NCSL, "State Profiles: Elections," accessed August 26, 2024
- ↑ Secretary of the Commonwealth of Massachusetts, "Massachusetts Official Mail-in Voter Registration Form," accessed November 1, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 29.0 29.1 Secretary of the Commonwealth of Massachusetts, "Identification Requirements," accessed April 13, 2023
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