3/9/2023 0 Comments Stack of bills to payIf you don’t tip 10% to that server, they have to pay out of pocket for each time you do not tip. This means a $100.00 bill for your meal/drinks, ends up requiring that server to give a percentage (most cases it’s 5%-10% depending on support staff, in large restaurants with many support staff it’s almost always 10%) of that cost to the kitchen, busters, expedite, and or bartender. Mind you, they often have to tip out to the bartender who makes drinks, as well as the kitchen. This is in part that servers end up making tips. Many servers are working for less than minimum wage. Just to add some perspective to those who have never worked in the service industry. The applicable laws (specific to New York City) are listed in this legal firm's 'Labor & Employment Alert'. Dimond's suit had technical difficulties. The judge cited in particular the fact that the auto-tip was conspicuously noted on the menu and that Mr. Dimond, his $5.5 billion (!) class-action lawsuit has been dismissed. Personally, I'd simply cough up the money (the full amount they asked for) and vote with my feet, unless I thought it was an error of some kind.Įpilogue: Sadly for the above-mentioned scruffy Mr. If they disagreed you could have paid cash for the amount you did agree to (as shown on the menu) and have left (and never to return, from what servers have told me happens to the food of customers who stiff them.). If it's not shown on the menu, I doubt you're legally responsible. If you really felt it was improper, you could probably have asked them to take it off the bill. Here is an article from NYC about the same thing happening there (photo from NY Daily News) I wonder if this is a phenomenon that is most prevalent in very touristy areas (Gaslight in SD or NYC). I could see them wanting to do it if there's a coupon or some other kind of promotional thing going on, since the servers do just as much work for a discounted dinner as for a full-price dinner. It's a pretty common practice with larger parties (6, or sometimes less) but it's normally noted on the menu. Interesting comments about Bandar Persian Restaurant on the net (including a claim that a tip was added to the bill after signing it with no tip), but nothing about adding auto-tips to small parties. Other than that, this sort of thing is just a cost of doing business in North America. Tourist areas do it, but auto-gratuities for large groups are common if they don't believe those groups can work out tips for themselves. Asking for it to be reduced will often work, because most restaurants want happy repeat customers more than they want a few dollars in tip.Īuto-gratuities are found in places where they find tipping is not being done to the restaurant's expectations. They are going to be much more amenable to you explaining about the late food, or the wrong order, or failure to refill drinks than if you simply refusing to pay. However if you think the service was not up to standard, you should absolutely talk to the restaurant about getting it reduced. At least ask if paying the tip is compulsory.ġ8% is considered a normal tip. Some places have been known to add a strictly optional tip making it look as if it was part of the bill. If the tip wasn't explicitly mentioned on the menu (or if you don't remember it being mentioned) then you should absolutely query it. There have been (extremely rare) incidents where the police have been called over refusals to pay a gratuity. You might be able to find a lawyer who can wriggle out of it, but not at a cost less than the gratuity. To answer the actual question, in general if the 'gratuity" is actually stated on the menu, then yes, you can be obligated to pay it.
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