Pittsfield's Patrick's Pub Owners Fined For Employee Tips

By Andy McKeeveriBerkshires Staff
02:00PM / Thursday, September 08, 2011Print Story | Email Story

PITTSFIELD, Mass. — The owners of one of the city's oldest taverns was fined more than $30,000 by the attorney general for taking tips from the waitstaff.

According to a spokesman from Attorney General Martha Coakley's office, the owners of Patrick's Pub will have to pay $25,343 in restitution to 46 employees — ranging from as little as $33 to more than $2,600 — and have been assessed a penalty of $4,800.

The owners were found in violation by the office's Fair Labor Division after months of investigation into the operations since David, Micah and Bruce Powell took over the restaurant in May 2008 until December 2010.

David Powell said on Wednesday that the restaurant has "fully informed and properly compensated" all employees and have since changed its policies.

"Our policy had been designed to benefit all employees — waitstaff voluntarily tipped working management," Powell said in an email. "The attorney general notified us that tipping of working management is an unacceptable practice."

According to former employee Crystal Garneau, the owner had indeed told the staff that tipping management was optional but it was "implied" that not tipping would lead to less money overall.

Garneau said she had to tip out 20 percent of her evening's tips to the bussers and management for their efforts. The owners would receive an average of about $5 from each of the waitresses per night, she said.

Other former employees contacted recently said they feared not tipping would lead to "preferential treatment." Those who tipped management would receive better shifts, additional help and be allowed to leave work earlier than the others.

"You just got treated badly," one former employee said.

According to state law, employers are not allowed to demand, request or accept any payment or deduction from a tip or service charge given to staff by a patron.

Garneau said the tensions between employees and management started after the restaurant's renovations were completed and ownership instituted policies that were strict on the employees — such as taking the costs of broken glasses and drinks that were either poured wrong or sent back by the customer from the staff's pay and decreasing the employee discount.

The former employees agreed that those policies and "tensions" may have led to the initial complaint with the attorney general.

In defense of the restaurant, the former employees added that they have been told that the practice stopped after the complaint was made and that sometimes the owners "worked hard and deserved" to be tipped out.

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Your Comments

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I think it would be nice if waitstaff gave bussers a bit of their tips. They worked hard for low wages, and free the waitstaff to spend more time taking care of customers.
from: nice gesture	on: 09-08-2011 03:21PM I Agree (34) - I Disagree (5)

I am disappointed to see this article so skewed against Patrick's managers! Yes they made a mistake and they owned up to it and changed their policies immediately. I worked at the restaurant during this time and would like to also include the benefits that we had as waitstaff. We had an employee discount on food and drinks, yearly bonus, paid vacation time, and a fully paid for holiday party that included a DJ. Also I should mention the softball team that was in the works as well as a yearly Labor day picnic that the Powell's would welcome all employees to their home. I have worked at other restaurants where we did not receive any of these benefits. All of the Powell's are good people and are hardworking as well. I wish them all the best in their futures!!!
from: Formeremployee	on: 09-08-2011 09:43PM I Agree (23) - I Disagree (50)

Crystal Garneau never tipped management anyways, why was she even mentioned or involved in this article?? The managers worked hard for those tips.
from: Former Employee	on: 09-08-2011 11:02PM I Agree (17) - I Disagree (51)

They should definitley give some of their tips to the bussers, but the owners get profits from the restaurant. No matter how hard they work they are not entitled to any of there employees tips when waitresses are only paid 2.63 an hour by them. Unless they profit share they shouldn't expect tip sharing.
from: cheryl	on: 09-08-2011 11:19PM I Agree (66) - I Disagree (0)

The reason the law is written the way it is is to keep owners from paying managers and other non-traditionally tipped staff on the backs of the waitstaff. This is an old trick that is commonplace designed only to line the pockets of the owners and upper management. Just ask the folks at Canyon Ranch. Patrick's owners probably had no idea and were just doing what has been done in a lot of places for years, but it is still against the law. If you own a place and want good help, pay them. Simple.
from: Restaurant Person	on: 09-09-2011 08:42AM I Agree (42) - I Disagree (1)

This company indeed treats their staff poorly. the only way to stay employed here is to be a part of their clique. If you are different you will be fired. A few of the employees that still work there seem afraid of management and broken/tired. I can no longer eat there because this article plays out right in front of you while you are there. They should fire all the waitresses if you ask me.[The editor removed names - don't get personal] You give the place a bad name.
from: insider	on: 09-09-2011 09:32AM I Agree (22) - I Disagree (13)

Yes the owners did have a picnic and also holiday parties but it didnt make up for the fact that while working you got disrespected on a daily basis.
from:	on: 09-09-2011 09:35AM I Agree (37) - I Disagree (2)

Yes its true about a holiday party and small discount of 25%(most restaurants are 50%-free meals)like my current job) on food and they were even nice enough to let you charge any food or cocktails you had throughout the week they just neglected to inform you that if you did not have enough money in your weekly check that they would take it out and not pay anything to federal or state taxes(which is also illegal) and then ya end up owing taxes!
from: former employee	on: 09-09-2011 09:40AM I Agree (37) - I Disagree (1)

Notice how only "former" employees were asked to comment on the matter. What about those who worked there through the whole ordeal and still do? This article probably wouldn't seem so one sided if those employees input was included. The Powells are all good people as someone else said and have taken full responsibility for the mistake they have made.
from:	on: 09-09-2011 10:21AM I Agree (9) - I Disagree (38)

The fun picnics and holiday parties were probably paid for with the tips the waitresses were expected to give to the owners! I don't care how uninformed you are about the laws... I can't imagine any restaurant owner expecting to be paid by their employees - especially at one of the busiest restaurants in Pittsfield... how greedy!
from: waitress	on: 09-09-2011 10:35AM I Agree (45) - I Disagree (5)

As a former employee, I am very pleased to be recieving money that is owed to me. Yes, most of the owners/managers worked very hard along side waitstaff to ensure good customer service, but it is illegal to accept tips. I can honestly only remember one manager that was respectful and nice to employee's and ironically she is married to the only manager who had a degrading/disrespectful comment to make about any person or person's he did not like. This manager created a very hostile work environment for employee's who did not fit into his clique, with his main group of waitstaff. When asked to do a favor, this manager would either ignore you, or yell at you for even asking. He would also sit at a table at the end of the night, while he was supposed to be the only manager on, and drink beer. Perhaps they should have treated their staff with some respect and showed them they appreciated the work they did. And maybe the attorney generals office would not have been involved. I hope the level of degradation has minimized for the staff, and I hope everyone gets the respect they deserve, and moves on if they don't. Good luck.
from: Former employee	on: 09-09-2011 11:31AM I Agree (53) - I Disagree (2)

I useds to love going to Patricks! After going often I saw how rude the hostess and owners were. I have also overheard conversations customers shouldn't be hearing. I have since stopped going, not worth the frustration. No employee there ever had a smile on their face!
from: Rude	on: 09-09-2011 12:24PM I Agree (41) - I Disagree (12)

Patricks has the best food around but it is really a shame that you go in there and mostly everyone is rude. I have never worked in the food business and I can imagine how stressful it is but I have worked in customer service, and as stressed as you can get you never take it out on the customers! The owner/hostess is never smiling, always in a grumpy mood and I have had waitresses that were stressed out serving me due to him. I have friends that wait tables and I am glad none of them work there and have to deal with that very uncomfortable environment.
from: Customer	on: 09-09-2011 04:04PM I Agree (33) - I Disagree (2)

I hated my entire expierience working at Patrick's pub. The owners were [kittens]and we the least understanding people i had ever worked for. I hope i get all money owed to me, and free wings :) atleast shawna is hott..
from: Former Employee	on: 09-10-2011 12:15PM I Agree (18) - I Disagree (1)

I was fired because i refused to tip out one of the managers. She was extremely rude and degrading. I am so glad that Patrick's Pub finally has gotten caught. I don't even care that I am getting money owed to me. I am just so happy that they are finally getting noticed for how unethical their business practices are! And as far as Crystal goes she was an excellent waitress who always got the short end of the stick because she was actually one of the few that would stick up for herself. Having been trained by her i know she tipped out the management. I haven't gone to their establishment since i was fired and neither have my family or close friends! I miss the old Patrick's Pub owner!
from: former employee	on: 09-11-2011 08:13PM I Agree (18) - I Disagree (0)

As a business owner this is appalling. Tipping out you buss-boys and service bartender is the rule. To not know this in the restaurant business, is ignorant and shocking to the conscience. You are guilty of theft, nothing more, nothing less.
from: appalled	on: 09-12-2011 07:05PM I Agree (12) - I Disagree (0)

couldn't have happened to nicer people....ummm, NOT!!! What goes around comes around and its kicking them in the butt now isn't it
from: notsurprised	on: 09-13-2011 04:31PM I Agree (8) - I Disagree (0)

I always said what comes around goes around. I am shocked to see this but not surprised. I was never in that clique that someone mentioned! It was a very hard place to work!
from: former employee	on: 09-15-2011 01:17PM I Agree (5) - I Disagree (0)

Dalton Board Signs Off on Land Sale Over Residents' Objections

By Sabrina DammsiBerkshires Staff
05:50AM / Tuesday, December 23, 2025

Residents demanded the right to speak but the agenda did not include public comment. Amy Musante holds a sign saying the town now as '$20,000 less for a police station.'

DALTON, Mass. — The Select Board signed the sale on the last of what had been known as the Bardin property Monday even as a handful of residents demanded the right to speak against the action.

The quitclaim deed transfers the nine acres to Thomas and Esther Balardini, who purchased the two other parcels in Dalton. They were the third-highest bidders at $31,500. Despite this, the board awarded them the land in an effort to keep the property intact.

"It's going to be an ongoing battle but one I think that has to be fought [because of] the disregard for the taxpayers," said Dicken Crane, the high bidder at $51,510.

"If it was personal I would let it go, but this affects everyone and backing down is not in my nature."

Crane had appealed to the board to accept his bid during two previous meetings. He and others opposed to accepting the lower bid say it cost the town $20,000. After the meeting, Crane said he will be filing a lawsuit and has a citizen's petition for the next town meeting with over 100 signatures.

Three members of the board — Chair Robert Bishop Jr., John Boyle, and Marc Strout — attended the 10-minute meeting. Members Anthony Pagliarulo and Daniel Esko previously expressed their disapproval of the sale to the Balardinis.

Pagliarulo voted against the sale but did sign the purchase-and-sale agreement earlier this month. His reasoning was the explanation by the town attorney during an executive session that, unlike procurement, where the board is required to accept the lowest bid for services, it does have some discretion when it comes to accepting bids in this instance.

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