Ruling on Restaurant Service Charges

Closed Thread
Thread Tools
  #16  
Old 03-20-2022, 08:06 AM
Stu from NYC Stu from NYC is offline
Sage
Join Date: Feb 2020
Posts: 12,582
Thanks: 1,166
Thanked 14,052 Times in 5,337 Posts
Default

Quote:
Originally Posted by Sparky365 View Post
They are adding gratuity to our total at the Poke in Brownwood. You won't notice it unless you ask for your receipt. I don't have a problem tipping as long as I know I am doing it.
Would never pay for anything without getting a receipt.

There is something to be said that a tip should be earned not just given.

We do plan for going to poke but would ask them to remove the gratuity so I can put in what I feel is appropriate which is normally 20% or a bit more these days.
  #17  
Old 03-20-2022, 08:08 AM
croughwell's Avatar
croughwell croughwell is offline
Member
Join Date: Jul 2017
Posts: 57
Thanks: 10
Thanked 16 Times in 11 Posts
Default

This started to become common practice in South Beach because foriegn tourists didn't tip.
  #18  
Old 03-20-2022, 08:09 AM
nn0wheremann nn0wheremann is offline
Veteran member
Join Date: Jun 2017
Posts: 591
Thanks: 49
Thanked 237 Times in 167 Posts
Default

Tipping is obnoxious. Pay the staff a reasonable wage, charge the customer an honest price.
  #19  
Old 03-20-2022, 08:21 AM
LucyP LucyP is offline
Member
Join Date: Feb 2020
Posts: 89
Thanks: 11
Thanked 41 Times in 23 Posts
Default

Restaurants and stores are charge for each CC payment by percent and some pass it on instead adding to price of items. It’s company they choice to process their CC payments. I worked in a store and price of items were added like dollar more or two to makeup for charges, so nobody had a extra charge on their sale slip.
  #20  
Old 03-20-2022, 08:28 AM
Bill14564 Bill14564 is offline
Sage
Join Date: Nov 2020
Location: Village of Hillsborough
Posts: 4,890
Thanks: 1,313
Thanked 5,390 Times in 2,068 Posts
Default

Quote:
Originally Posted by croughwell View Post
This started to become common practice in South Beach because foriegn tourists didn't tip.
But did that turn out better or worse for the employees? I normally tip 20% or more UNLESS I see that gratuity has been added; if I see 15% or 18% has already been added then I figure that is sufficient.

I usually don't look at the check closely enough to see that a gratuity or service charge has been added. Guess I'll have be start paying more attention.
__________________
Why do people insist on making claims without looking them up first, do they really think no one will check? Proof by emphatic assertion rarely works.
Confirmation bias is real; I can find any number of articles that say so.


Victor, NY
Randallstown, MD
Yakima, WA
Stevensville, MD
Village of Hillsborough
  #21  
Old 03-20-2022, 08:31 AM
photo1902 photo1902 is offline
Sage
Join Date: Nov 2014
Posts: 3,223
Thanks: 1,607
Thanked 1,742 Times in 703 Posts
Default

Quote:
Originally Posted by Skip View Post
Just another way of charging more, rather than re-printing the menus.

In Europe, "Servis Compris" means the tip is already added to the menu price. You can leave more if you'd like. There are pros and cons to both (Europe vs. US).

I would think that the servers in Miami would be totally against any "service charge" since the customer would think it's the tip. It really wouldn't last very long.

Skip
Many restaurants in Miami and South Beach have had this "service charge" for years. We were shocked to find this out on a trip a few years ago.

Last edited by photo1902; 03-20-2022 at 08:48 AM.
  #22  
Old 03-20-2022, 08:38 AM
ron32162 ron32162 is offline
Senior Member
Join Date: Oct 2015
Posts: 158
Thanks: 260
Thanked 75 Times in 51 Posts
Default

So if your tax amount is let say is 5.00 and 20% of that would be 1 cent, That worries you?
  #23  
Old 03-20-2022, 08:44 AM
JMintzer's Avatar
JMintzer JMintzer is offline
Sage
Join Date: Feb 2021
Location: No matter where you go, there you are.
Posts: 10,601
Thanks: 480
Thanked 8,279 Times in 4,297 Posts
Default

Quote:
Originally Posted by ron32162 View Post
So if your tax amount is let say is 5.00 and 20% of that would be 1 cent, That worries you?
Ummm... Try $1.25... I know, Maths is hard...
__________________
Most things I worry about
Never happen anyway...

-Tom Petty
  #24  
Old 03-20-2022, 08:47 AM
Vermilion Villager Vermilion Villager is offline
Veteran member
Join Date: May 2021
Posts: 771
Thanks: 282
Thanked 571 Times in 302 Posts
Default

Several drinking establishments in Northern Minnesota now charge if you use a credit card. Usually 2-3%. I questioned it and the owner said "last year I paid $50,000 in credit card fees". To which I responded if $50,000 is 2% of the total charges your customers paid… That means you took in $2.5 million in gross revenue. He shut up real quick!
  #25  
Old 03-20-2022, 08:58 AM
Bill14564 Bill14564 is offline
Sage
Join Date: Nov 2020
Location: Village of Hillsborough
Posts: 4,890
Thanks: 1,313
Thanked 5,390 Times in 2,068 Posts
Default

I just read an article (not in the local paper) about the ruling. I have to say, I disagree with the ruling and the restaurants. Technically, the ruling is probably correct but realistically it is wrong.

What the restaurant is saying:
- The service charge is not a tip, it is a charge to cover the wages of the employees. The law requires that the restaurant pay a minimum wage and the service charge is used to meet that minimum wage. If the customer desires to leave an extra gratuity (tip) for the server, they should do that.

What the customer (me) believes:
- The restaurant is trying to protect their employees from customers who do not tip and therefore adds the tip to the check. The 18% (or whatever amount) is a tip on top of the minimum wage the restaurant already pays. The customer does not need to leave a gratuity because it is already included.

What it boils down to:
- In the case of the Miami restaurant, they are raising their prices in a deceitful way that harms their employees. The restaurant needs/wants to charge more for their food in order to pay the legally-required minimum wage but doesn't want to drive away customers. By adding the service charge they can collect more from the customer while keeping the prices the same. The customer believes this service charge is a "tip" even though it is actually used to cover minimum wages. Since the tip is already included the customer either does not leave more or leaves very little more. The employees lose out on actual tips.

IMPORTANT: This was the argument made by the Miami restaurant. Other restaurants may actually pass the service charge to the employees as an actual tip in addition to their legally-acceptable wages.
__________________
Why do people insist on making claims without looking them up first, do they really think no one will check? Proof by emphatic assertion rarely works.
Confirmation bias is real; I can find any number of articles that say so.


Victor, NY
Randallstown, MD
Yakima, WA
Stevensville, MD
Village of Hillsborough
  #26  
Old 03-20-2022, 09:00 AM
Bill14564 Bill14564 is offline
Sage
Join Date: Nov 2020
Location: Village of Hillsborough
Posts: 4,890
Thanks: 1,313
Thanked 5,390 Times in 2,068 Posts
Default

Quote:
Originally Posted by ron32162 View Post
So if your tax amount is let say is 5.00 and 20% of that would be 1 cent, That worries you?
Quote:
Originally Posted by JMintzer View Post
Ummm... Try $1.25... I know, Maths is hard...
??? The calculator on my computer tells me that 20% of $5.00 is $1.00. Where did the extra $0.25 come from?
__________________
Why do people insist on making claims without looking them up first, do they really think no one will check? Proof by emphatic assertion rarely works.
Confirmation bias is real; I can find any number of articles that say so.


Victor, NY
Randallstown, MD
Yakima, WA
Stevensville, MD
Village of Hillsborough
  #27  
Old 03-20-2022, 09:05 AM
Stu from NYC Stu from NYC is offline
Sage
Join Date: Feb 2020
Posts: 12,582
Thanks: 1,166
Thanked 14,052 Times in 5,337 Posts
Default

Quote:
Originally Posted by Bill14564 View Post
??? The calculator on my computer tells me that 20% of $5.00 is $1.00. Where did the extra $0.25 come from?
New math?
  #28  
Old 03-20-2022, 09:21 AM
Rainger99 Rainger99 is offline
Platinum member
Join Date: Oct 2021
Posts: 1,614
Thanks: 1
Thanked 1,324 Times in 597 Posts
Default

Interesting article where the writer was almost tricked into tipping 43 percent of the food-and-beverage total!


Diner beware: A few tips about tips in South Florida’s restaurant minefield | Michael Mayo - South Florida Sun Sentinel - South Florida Sun-Sentinel
  #29  
Old 03-20-2022, 09:26 AM
Rainger99 Rainger99 is offline
Platinum member
Join Date: Oct 2021
Posts: 1,614
Thanks: 1
Thanked 1,324 Times in 597 Posts
Default

An explanation of the court ruling and the law.

Servers Call Foul on the System That Lets Miami Restaurants Keep Service Charges | Miami New Times
  #30  
Old 03-20-2022, 10:10 AM
flsteve flsteve is offline
Member
Join Date: Dec 2020
Posts: 73
Thanks: 10
Thanked 33 Times in 23 Posts
Default

Quote:
Originally Posted by Vermilion Villager View Post
Several drinking establishments in Northern Minnesota now charge if you use a credit card. Usually 2-3%. I questioned it and the owner said "last year I paid $50,000 in credit card fees". To which I responded if $50,000 is 2% of the total charges your customers paid… That means you took in $2.5 million in gross revenue. He shut up real quick!
HAHAHA! Weaponized Mathematics!!!
Closed Thread

Tags
service, charges, restaurant, tips, ruling


You are viewing a new design of the TOTV site. Click here to revert to the old version.

All times are GMT -5. The time now is 06:23 AM.