The service charge is not a tip or gratuity, and is an added fee controlled by the restaurant that helps subsidize the staff wages so that management doesn’t have to while still seeming to have reasonable prices on the menu. Also, management takes a cut as it subsidizes their wages too.
If you charge me for service, I’m not paying extra for service.
Call it what it is - a junk fee so they can make their prices look lower than they are. I wouldn’t go to this restaurant a second time.
By tradition, the service charge is supposed to be paid to the staff. Therefore, it’s not customary to tip when you’re assessed a service charge, although many restaurants choose to ask for a tip anyway.
If you work in a restaurant that charges a service charge but pockets it… you’re being robbed.
The cost of food in American restaurants includes service charger. It just not itemized. Waiters do have salaries, so it comes from somewhere.
That’s my point. This restaurant is try to bait and switch their customers by giving a misleading food price and adding a service charge. It is like a cell phone company adding garbage fees.
As for my initial comment - if you add a percentage for service, that ends my obligation to tip.
Ah! I see. You were talking exclusively about not coming back into US restaurant, not restaurant in general anywhere in the world. It was not clear for me.
Hey, look at our cheap food!
Oh, btw, we didn’t tell you, but it’s actually 18% more expensive than the prices on the menu.
Also, it’s $10 extra for the plates and silverware.
And we also charge you for eating in as well, that’s another $10.
And if you don’t tip on top of that, we get really angry.
Please leave a 5 star review!
And we also charge you for eating in as well, that’s another $10.
Some areas actually have different pricing for eating in vs taking out, as it’s treated differently by the tax laws. Some areas also tax differently based on if it’s cold or hot/cooked food, so a toasted sandwich costs a bit more than an untoasted one. Very small differences, though.
I was talking about service charge, not tips.
American waiters get paid, Parisian ones do it for the pleasure of serving their fellow man.
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The problem is, this is still decietful. If this is an issue then the correct move would be to make every item on the menu 18% more expensive as a base. Because now, they still get to say “oh well our prices are still low come eat here and get “X item” for “Y price” but that’s not true anymore because of the service charge. It’s just a way to keep menu items lower in price but increase the price at the end.
Sounds like it does much the same thing as tipping then, right? But then the receipt says you should pay the service charge and a tip on top 🤔
I’m not American so maybe someone can explain this to me, haha…
I’m an American, and I can’t explain this to you. If I saw this on a receipt, I would write down on it that I’m tipping $0 because of the service fee and to consider the fee my tip.
If you live in a place where this is becoming the norm, that’s exactly what you do.
A far more above board and less vibes-based way to pay.
It doesn’t make sense to any sane person. But basically:
The restaurant feels that costs have increased and in order to remain profitable they must raise prices. Instead of raising prices on the menu, take the canoli as an example, from $11 to $13, they decided to add it after the calculation.
This means the customer may go out with an idea of what they would like to spend (maybe it’s a special treat for them) orders based on the menu, figures tip and tax… Expects to be out for $100… But surprise! You owe a fucking service charge.
Now-- I’m not into this particular restaurant’s finances. Let’s be generous and assume they need to charge more to break even. This is the shady (and should be illegal) way to do this. They should instead raise prices and be honest with the customer what they feel they need to charge.
Except you’re wrong. It is a tip because the tip is the service charge. The tip specifically is “we pay them less than minimum wage and your tip covered the rest of their service cost”. A tip AND a service charge, especially a service charge not levied because there were X+ people at the table, is double dipping on the tip. Both fees are for the same thing. Either increase prices or increase the tip(or pay your workers fairly and don’t expect me to subsidized the rest with these secret fees). Make them upfront and honest. This isn’t. This is a perfect invitation to say “you already charged me for the service, so no tip is needed, because that’s what it is for”.
The tip specifically is "we pay them less than minimum wage
Not everywhere. Some areas don’t allow wages that are lower than minimum wage for tipped jobs. The area I live in in California is around $17-18/hr minimum wage regardless of if the job is tipped or not.
Except you’re wrong. Service charges are not considered tips under FLSA rules within the US. Many states and local jurisdictions have special rules for tipped wages, how they’re taxed and those taxes are collected, and service charges are not included in that definition.
https://www.dov.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
Nice reading comprehension. The TIP is a service charge. You got that backwards buddy. So a service charge and a tip is service charge x2. Or you’re admitting that a tip is only for “above and beyond thanks”, in which case it’s not mandatory and this is again a scam.
A tip is money paid directly to the worker providing the service. The restaurant can’t keep any part of it. They are not taxed on it, either as sales tax or income tax. That money is only counted as income to the worker.
This service fee was subject to sales tax. It will also be subject to income tax by the restaurant. The restaurant gets to keep as much of it as they want.
“Mandatory gratuities” are tips that the restaurant obligates the customer pay to the waitstaff. Where these are charged, you are not allowed to stiff the waitstaff. The restaurant cannot keep any part of that gratuity.
Tips/gratuities and service fees are not the same thing at all.
I’m not talking the law, I’m talking what the tip actually is in practice. It’s the service charge. You’re paying for the server to serve you. The tip isn’t for the food. It for the server serving. Just because you’ve been conned and guilted into accepting this as normal doesn’t make it right. And just because it’s taxed doesn’t mean it’s still not extra income to the resturaunt. Would it be ok if I mugged you but paid taxes on the money and gave it a cutesy name?
that helps subsidize the staff wages
Allegedly
But If that’s the reality, I feel no need to add a tip.
subsidize the staff wages so that management doesn’t have to
Yeah that’s a pretty shit reason to levy this fee unsuspectingly.
The downvote button is a lazy disagree button, but people is also dumb.
It’s simple, if a restaurant adds something to the bill I did not agree to beforehand I’ll never eat there again.
If a restaurant adds something to the bill I didn’t agree to beforehand, I’m not paying.
That would be consequent, but usually it’s not worth the trouble.
I’d rather leave with 20 quid less than wasting 30 min of my time.
Oh. It wouldn’t take me nearly 30 minutes. It would be less than 5 total minutes.
I have never eaten at a restaurant that did not disclose a mandatory gratuity ahead of time, but I suppose it could happen.
That’s wonderful for you, but it does happen.
Went out to a pizza place the other night. Thought it was a brewery (one of my favorite local brews, actually), and had been there before and enjoyed flights from them…only to find out the place was a joint between the brewmaster and the restaurateur. Brewmaster took his share, his recipes, and dipped a couple days prior.
Anyways while the food was pretty good, I mostly went for the beer and that’s a big part of why I won’t go back (they only had a couple cans from the brewery left and nothing on tap, only some other regional breweries).
But the other part is that my wife put a tip down on the slip for our party of four (us and two kids) and asked me to doublecheck her math. I thought it seemed high and it turned out they already put a tip on the bill. For a party of four. Never saw that before.
Yea they better have this charge displayed very well on the menu
Paying for servers based off of the price of the food just doesn’t make sense to me. If I order a super expensive caviar and super expensive bottle of wine the staff would be paid more than another server with large party that only orders inexpensive drinks. The second server would be paid less for doing more work.
I think they should just be paid a decent wage for doing their job well despite what the customer decided to order.
On a side note if the server has to do something like prepare a salad table side or flambé a dessert they should get a bonus for doing that.
I worked as a server at olive garden many years ago. They famously had their soup, salad, and breadsticks deal for like $6 something. People would run us ragged getting more of each thing. And we’d be lucky to get a $1 or 2 because the price was so low, but it was vastly more work than regular food.
at a lot of places tips are split between front and back of house and those tips are based on the price of the meal, not the “tip” that was given. This results in many servers losing money and having to pay coworkers out of their own pocket on big groups or expensive bills that either don’t tip at all or only tip something like 10%.
I’m not advocating for this system at all, I just wanted to share some more info on how/why tipping works the way it does (in the US at least).
What percentage tip results in negative money?
It’s a tip pool. So for instance I serve a meal to a couple. The meal is $50. They tip 10%. That split means I pay (for instance) the bartender out of the $5 tip $2.50. If I get another table that orders drinks and tips nothing I end up splitting nothing. But if I work with 4 other back of house people and they each get an equal percentage of that $5 then I get a dollar. But then that dollar is taxed because tips are taxed. If the company has a policy for shares tips pooling I could legitimately make $100 in tips and not receive $100 in tips. Technically that would be receiving negative tips because what is earned vs what is paid out is so drastically different.
In addition I’ve experienced back of house workers (cooks) getting paid out of the tip pool but the brunt of tax on the tips is not paid by them. This is absolutely tax fraud. But I’d also argue that tip pools are a form of wage theft and companies that engage in one are way more likely to engage in the other.
That isn’t negative tips. The lowest you can make in tips is $0. Even when tip pooling, the lowest you can make is $0, which requires no tips what so ever to have been given. There is no 100% tax rate, and you are at no point ever paying into the tip pool out of your own pocket.
I understand what you’re saying. But for a person who is now down from $5 to $2.50 to a $100 that is then taxed you’re effectively making less money than you earned. That’s why you can have negative net even while making take home pay.
But think about what might happen if the bill is paid incorrectly in cash. The company will absolutely take cash tips to compensate in the event that you or someone else messed up when counting the cash or giving change or whatever. With tip pools it’s unlikely. But it has happened.
Wait, you’re taxed on money you didn’t earn?
It’s technically tax fraud, but yes. You could be.
I don’t think you know how numbers work. Why would they be paying coworkers out of a tip that never existed?
I think they should just be paid a decent wage for doing their job well despite what the customer decided to order
Where I live, there’s no separate minimum wage for tipped positions. It’s the same as the regular minimum wage. Even so, it’s still customary to tip, but just for some jobs. It’s never made sense to me that it’s customary to tip a Doordash driver but not a casual FedEx or UPS employee when the latter likely has more work to do and stricter deadlines to do it.
It’s not going to the server, not unless the city has a minimum wage, or something. But any thing over that is 100% going to managment’s coffers.
This has been happening in Florida for a few years now. Restaurant owners went to court so they could keep the service charge. In the beginning I thought it was just a mandatory tip to stop people from stiffing the waiter. Nope they actually expect you to pay 18% plus another 20% for the waiter. Ridiculous. We don’t go out to eat much anymore on principle.
It’s cuz they’re too chicken shit to actually raise the menu price. So they can blame the government or the workers instead of taking responsibility for paying their staff shit wages forever
Yes, Greed., as always. I suspect many industries will completely or partially close in the coming years as the population is just too broke.
“no one wants to work anymore” says restaurant owner who won’t pay a living wage even after jacking up service fees.
Possibly illegal, depending on your local laws.
If it is legal, contact your congressman (local, state, national) because it sure as hell needs to be illegal.
Very unlikely. There’s a statement at the bottom that explains what the fee is. There’s a QR code at the top for more information, which OP cut off.
I doubt they went through the effort of updating their POS system, providing links to info on the receipt, and chose not to post a sign or put a note on the menu. Everywhere I have been with a service fee like this posts it, which would negate any legal issue.
Caveat emptor.
It’s illegal if the fact that a service fee would be added wasn’t shared before ordering (on the menu / by the waiter /…)
Possibly. Local laws vary heavily, and could limit hidden fees like these. If the franchise is in one of these places, but the parent chain is not, it could easily be implemented despite being illegal. It’s a similar case if the local operator didn’t have the required notices in the required way, since it would be done separately. Not necessarily out of malice, but a ton of places simply do not run a tight ship. The receipt is absolutely not the place these notices are required; that’s just a convenience.
It’s also possible that the POS has a bunch of options that can easily be set by management without involving lawyers. A required tip (often for large groups, but not always) is an easy use case for this. So are the various messages, including the tipping scale, or adding a promotional QR code (e.g. scan the code to fill out a survey and get $5 off your next visit)
In any event, I stand behind my advice- check if it’s illegal, and push to make it illegal.
So you carefully included every possible level of US government, but still forgot about the entire rest of the world.
First, many places have a local, state, and national government. Particularly the ones that use dollars and expect an additional tip, as shown on the receipt.
Stop trying to be offended at everything.
My country, which has dollars and expects tips, doesn’t. And this read like it was addressing unexpected fees at restaurants in general.
Stop pretending Americans don’t do this constantly. Everyone who’s not American is very familiar with it, and honestly it’s understandable with how big and self-contained that country is. I might not even have commented if it wasn’t for the remarkable thoroughness short of that detail.
I presume you’re in Canada. Aside from calling them provinces, and possibly having a different name for your legislative representatives, are you saying you DON’T have a local, state, and national government where my advice would be relevant?
No, you’re advice was great. I just found the phrasing weird enough to point out. Sorry if it came across as angry.
The rest of the world doesn’t exist, it’s just a scam made up by the passport cartel to fleece you of your money every few years.
Can confirm, I’m just standing in a blank white space. It’s weird I get wifi.
Do a search for the Tianamen Square massacre. You’ll at least know if you’re Chinese white space or non Chinese white space
Let’s see… dollar sign? Well that cuts out a lot of the world. Written in English, so that leaves about 3 countries. Australia doesn’t have a tipping culture the same way we do in North America so that leaves either Canada or the US, in which case you can replace state with province and cover your bases.
Don’t forget New Zealand. They do tip down under, but it sounds like they don’t recommend tips the same way.
Yeah, sure, the jist applies everywhere. OP could have saved words just saying “representitives”. That’s the part that was interesting, and now people are big butthurt I pointed it out.
I mentioned all 3 because people (at least around me) tend to forget the first 2, despite those being much easier to make these types of changes.
Percentages on the tip are lower than US tip amounts. So I would guess not US, though this would obviously happen in the states.
Do other countries itemize tax separately? I thought the US was alone on that.
Also, 9.5% is in line with sales tax in a few US states, as is calling it tax instead of VAT (or similar)
Idunno. don’t remember what they do in Canada.
Good catch, I didn’t even notice the percentages. I did look at the date but of course the meal was purchased on the one day this month where that’s not helpful
Looks at a picture of a receipt that is almost certainly from the US:
What about the rest of the world?!
Oh boy, the unlawfulness of USA. This would be clearly illegal in EU, as misleading pricing.
Even if stated there’s an 18% extra fee, I’m pretty sure it would be illegal to state prices exclusively without it.
I would simply refuse to pay that fee if it was here, and report them to authorities.I don’t think so, as long as the fee is made clear before getting the bill (e.g. indicated on the menus and signs outside). It’s definitely legal in Europe, assuming you were warned beforehand. It’s very common in some European countries (while entirely nonexistent in others).
In countries where tipping isn’t traditionally acceptable (like in places where it’s associated with bribing), service surcharge often replace the tipping. Charging a service surcharge and then suggesting a tip is ridiculous though.
I simply wouldn’t tip after that surcharge, but then again I’m European.
In America, the restaurant would have to post this on the menu. Thus we have fine-print on our menus. God bless the USA.
It’s nice to hear the EU doesn’t let that crap slide.
There is no “EU” culture about any of this. Every country has its own culture and acceptable ideas. All I know is that you have to be made aware of any surcharges before they’re applied, but I’m pretty sure things work exactly the same in America.
I wouldn’t be surprised if you’d find random hospitality surcharges when you walk into a random restaurant in Amsterdam or Paris. What are you going to do, sue the restaurant? Call the cops? As much as I like living here, it’s not like this is some kind of utopia where scummy businesses don’t exist and where the government always enforces customer protection laws everywhere.
Scummy businesses sure exist but you would never see this in Amsterdam or Paris. I’m pretty sure there are laws that whatever price is shown is the final price.
You’re probably right. But judging from other comments in sounded like a small note on the front cover of a menu saying ‘there will be a flat rate surcharge’ would not be adequate.
Obviously, this is a horrible way for me to collect legal advice, but would a fine-print note on a menu fly? (interpret ‘fly’ however, I’m clearly naïve here.)
Where is this common? I know you often see it in scummy tourist traps, but besides that I’ve not seen something like it.
Where is this common?
I believe you most often see this in scummy tourist traps.
I’ve only come across it in ex-Soviet European countries, but every country is different of course. Tourist traps also like adding fees and surcharges but I don’t think they do it for the same reason.
I remember something about tipping bring associated with bribes getting mentioned in a documentary I watched years ago, but i can’t even begin to remember what documentary that was, let alone find a link to it.
Increase the price of everything and pay a life supporting amount of money per hour of work. No tipping, no more service charge.
This service charge is literally the same but blaming the employees.
I would simply not go to that restaurant anymore and very plainly let them know why. This is greed and I will not reward it.
Much like when I place a to go order and go pick up the order and the POS (point of sale not piece of shit if you’re wondering) system pops up that tip screen. You didn’t do anything worthy of a tip so I will not be tipping you. Now if for example when I get there they apply some discount I wasn’t aware of that makes my bill cheaper, I’ll tip for that. Throw in some extra cheese sauce, tip. Anything above and beyond, tip. Just ring me up and hand me my food, yeah no tip.
It’s this (the service charge) or they raise prices across the menu. Some people prefer this, some people prefer the added cost baked in.
Personally I think the service charge is a little deceptive because you are hit with an unexpected expense at the end of your meal. Even if they’re very up front about the charge most people won’t be automatically calculating the 18% extra on whatever they’re spending, they’re just going to look at the price on the menu.
You realize that giving you 5% off so you will tip 15% is still greed though right? The greed is always there, it’s just your perception of how it’s delivered. We expect a little foreplay with our greed.
I didn’t say I was giving them 15%. I give 18% for full service. But a buck or two for something like this.
Are restaurants just poorly managed, or is there another reason why they can’t pay their employees a living wage when their markup is like 400-1000%?
Restaurants have notoriously thin margins. I’m not defending this bill, and there are definitely awful practices out there, but it ain’t easy. Even a $34 dollar steak only kind of covers all the ancillary costs that make it happen.
The biggest issue with the crunch we have going on is that food (prepared or otherwise) should be way more expensive, and that shouldn’t be an issue because most people should be making way more money. All of those should/shouldn’ts got way out of whack over the course of decades, and the circus only continued because people found crappy ways to keep it going.
It’s a lot of industries. Construction is a great example. The developers make money. The material vendors make money. The builders make money. The sub contractors who actually put the parts together get haggled on invoices and take the lower amount because they have payroll to make and equipment loans to pay. Loans that are happily given out because the equipment can be easily repossessed.
It’s a very good thing everything is correcting, but it’s going to be an ugly process as workers get their due and pass the burden on to the small business owners.
Restaurants have notoriously thin margins.
Help me understand.
Assuming restaurants have the same overhead as any other business: rent, staff, insurance, maybe equipment (manufacturing, etc.), what else?
They don’t have expenses like vehicles, tariffs on imported goods, the cost to fly staff out for conferences, tech costs, and so on.
The only difference is the product they bring in, and the product they put out.
As a consumer, who doesn’t get the benefit of industry discounts or high-volume prices, making food is really inexpensive.
When I see a restaurant, for example, selling pasta with marinara sauce for $15-20 a plate, I’m curious to know why they have to beg to cover costs. You can make the same dish for a family of four for under $3, and save $100 you’d spend getting the same dish at a restaurant.
So, again, if the cost of ingredients allows for such a significant markup, well beyond what most other businesses are able to get away with, why are restaurants having to charge “service fees” on top of tips?
It’s the behind the scenes that cause a lot of the markup. There might be only two or three food service providers in your area. Food Service Company A has the same prices as Food Service Company B and C. There is no real competition to force prices down for restaurants.
If you are a franchise restaurant, you have to pay franchise fees, buy your all products from the franchise, work within the certain parameters, etc. There is no real way to find ways to drive down prices since your prices are set by the franchise through the prices of the product, corporate oversight, etc.
Great points!
So I’m stretching it a bit because at the end of the day this really does apply to more than restaurants, but the other commenter had it right.
Things like rent, insurance, etc go into the cost for well above the plate. So the ingredients are one thing, but you have to make up the cost of rent, paying the staff when there’s low customer volume, all the insane amount of costs that go into running a business. That server has to make up for the cost of printing menus and delivering them by mail.
None of this is the servers fault, who should get a fair wage, but it all adds up in a way that makes it hard for the owner. In fact, the person who sold them the grills, refrigerators, and all the other equipment, knows exactly and empirically how hard it is and sets their prices accordingly.
And it’s not like that company’s delivery drivers, techs, and fabrication workers also don’t deserve a wage. Or the Tyson folks that are plucking the chicken delivered.
The issue is, at the end of the day, those companies probably should be less profitable. But instead of accepting that, we put all of the companies that make all the stuff that run that restaurant into bigger companies that are now part of mutual funds, and they sell it out knowing they can grab it back if it goes under.
So you might be able to get away with making a few plates and some money, but trying turning it into something that will let you pay your rent and put your kids into a school. “Bob’s Burgers” is pretty true to life.
Sounds like sit down restaurant menus should reflect the actual costs including waitstaff then like any fast food place is able to do.
Wait staff with tips get more than fast food restaurant employees though
Cheap sub contractors need so much constant control to make sure things are delivered on spec that it is almost like it costs more than to hire the more expensive company with a reputation for solid work
Saw exactly this when I was doing commissioning for a large municipality. No matter how tight the specs were, some of these knuckleheads would do it their own way and get mad when we forced them to do it right.
Some of them would just claim bankruptcy if the mistake was big enough.
Pro-tip, friends: don’t pick the lowest cost of construction bids, I guaran-fucking-tee it’ll cost you more than you saved. And, anyone who says they “meet code” is really saying they do the bare minimum required.
I worked at a pizza shop way back ages ago (early 2000’s), but I think the formula is generally the same. Food costs they would shoot for 33%, labor ended up being around 33%, the rest was overhead for the facility (rent, AC, etc) and profit.
I think that’s actually a pretty fair amount of profit in that. But that was almost 20 years ago. I feel like the formula is likely similar though.
$16.25 for a kids size pasta dish?
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I feel like I have seen multiple receipts from this same place, likely posted by the same person, because I remember noting $16 Kids Shells on some other thread months ago.
Seems odd. They should really stop going.
The $5.00 glass of lemonade is ridiculous. Water and a small scoop of powdered flavoring/sweetener costs them about a quarter.
These prices are crazy. Lemonade costs as much as a beer. Drip coffee for $5. One cookie for $4. Over $15 for a kid’s plate. Geeze.
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My man never cheap out on the liquor
Meh. It was a good time. D&D is better with alcohol.
18% service charge and then still ask for tips? Fuck all of this, this is a scam and refuse to pay this shit.
This is probably a hotel or resort. $4 cookie and $6 oj are the giveaways .
$11 cannoli etc.
Based on the bottom of the receipt i would have said to the server something like “great, it says right here no need to tip”
I actually support phasing tips out for service fees, less dodgy and less influenced by cognitive biases from customers toward certain genders or ethnicities of staff.
There’s no need for a service fee, just increase the prices of everything by 18% or whatever. It’s more honest that way instead of listing one price and then springing a hidden fee on people at checkout. Part of why this particular example is so dodgy is they seem to be fishing for a service fee and a tip, which just seems like double dipping on hidden fees.
It’s important to require disclosure of the service fee. In my experience usually listed at the bottom of the menu. I know at least in some instances there are crowdsourced master lists of restaurants with hidden fees, and enforcement of disclosure requirements seems to have stepped up.
Yeah, but phasing out should probably be some form of cross tapering, not a decently sized service charge and the same size “suggested tip” on top.
Basically, they just raised their prices by 18% and blamed it on the greedy, useless employees. I don’t know why businesses bother selflessly “creating jobs” if they are so much trouble. Shouldn’t those be the first things to cut to make their business more efficient under capitalism? Stop doing charity work and run the business yourself.
Probably better than expecting customers to tip voluntarily
Oh wait, they do that too
The real crime here is $125 for bread and pasta…
$16.25 for each “kids shells”
I was gonna say “The real crime is $11 for a fucking cannoli”. I could get two, large, freshly made cannolis in downtown NYC for about $7.
You can also get a slice for $3. It’s about supply and demand.
And almost $5 for drip coffee
And yet only $6 for a beer