College students Leslie Pope and John Wagner and four of their friends went to the Lehigh Pub in Bethlehem, Pennsylvania. The bill came to $73, which they paid, but they refused to pay the mandatory $16.35 tip, because they said the service was lousy. So they were arrested.
The students will be in court over the matter next month. What do you think? A mandatory tip for groups of six or more is common in the US restaurant industry in order to keep waiters from being stiffed when they can't serve enough other tables to make up for it. However in this case, the policy seems to be a license to give poor service. Link -via reddit
(image credit: Flickr user me and the sysop)
They had to find their own napkins and cutlery while their waitress caught a smoke, had to ask the bar for soda refills, and had to wait over an hour for salad and wings, they told NBC10.
The pub, which was very busy that night, took the $73, but then called the cops, who treated the matter as a theft.
The menu clearly states, "18 percent gratuity added to check of parties of 6 of more," and a similar message is printed on receipts, a pub employee said this morning.
The students will be in court over the matter next month. What do you think? A mandatory tip for groups of six or more is common in the US restaurant industry in order to keep waiters from being stiffed when they can't serve enough other tables to make up for it. However in this case, the policy seems to be a license to give poor service. Link -via reddit
(image credit: Flickr user me and the sysop)
I concur that they should have notified the management, but that does not excuse the restaurants behavior.
Pretty absurd. I honestly would have been glad to have the cops haul them off!
It would have been maybe more insulting/frustrating if it was a group of college students, who you expect to be able to sympathize with the food service industry grind.
That being said, I've had some terrible service and I get not WANTING to tip, but I always tip anyway because I don't need to make a point. Just tip small and don't go back.
Also consider that some states (Arizona, not sure about Pennsylvania), servers make less than minimum wage because they are expected to get tips.
however, i make damn sure the manager knows my dissatisfaction and that i will likely not be returning.
that's why i think the 15% should be an absolute minimum regardless of overall quality - after all, you don;t have to come back - but if you do, and you stiffed the server last time, don't expect your service to be anything except worse from that point forward.
and never forget that you are trusting these folks with the preparation of your food - just sayin'
As for "snotty foreigners" ive dealt with that too but you're being ignorant in assuming every culture follows america's standards for tipping. In korea and many asian countries its considered very rude and disrespectful to tip because they feel like its there job to serve you well. In many european countries youre suppose to tip but its not taboo not to, its based on how well the server did in your opinion.
And how can they call it a mandatory gratuity. Isn't the definition of gratuity, something given voluntarily?
Tips are SUPPOSED to be a bonus for exceptionally GOOD service. NOT a right, or something that is just owed to you. Effin self entitled Americans...
I know, I know... we are all fantastic pretty special snowflakes and should be getting no less than what we deserve. The restaurant industry is lucky their jobs can't be sent overseas because they get far more than they're worth. Following instructions and putting down a plate of food is NOT hard.
If a waiter does a good job and the food is awesome, then you should be given tips. Calling the cops, pft :p
Gratuity is NEVER mandatory.
I waited tables for 4 years. It sucks when someone refuses to pay it. But the restaurant has absolutely no right to call the cops. There is no such thing as a mandatory gratuity anywhere.
And oregondave, if I have amazing service from someone, I will often tip 25-30% on the check. I think that fun, entertaining waiters and waitresses deserve the extra compensation. If I have enough money to be eating out, I can afford to share it a little bit.
As of a year ago, Pennsylvania severs could be paid a minimum of $2.83/hr. They have to sign a contract agreeing to the wage before accepting the job.
and luxor - when a server makes less than $3 per hour before tips, it has nothing to do with 'Effin self entitled Americans' as you put it - it has to do with making an honest wage.
and martin, if i make less than $3 an hour and i have two tables - one who routinely tips 20% and one who will never tip more than 15%, who do you think is going to get the better service? It's not being rude, it's economics.
Tips should always be optional.
I work front desk at a hotel and I have to say, I always do my very best to help out our customers many times well beyond what I am obligated to do. But, I rarely get tips. We have people staying with us for long periods of time and they come to rely on us. So, why not us?
The restaurant industry has come to rely too heavily on tips. Working below minimum wage just goes to show that.
As far as tipping overall, Oregondave asked "do you double your tip when the service is fantastic?", no, just bump up the percentage by how good the service is. In most larger cities it is customary to tip 20% for good service as a starting point. If there was something wrong with the service, but not overtly bad, I'll tip 15%; if it completely sucked, 5-10%. On rare occasions I have tipped 25% if the service was exceptionally good.
^^^^there is the fundamental flaw in the industry.
i've worked a ton of years in the service industry, and the issues goes all the way up to the restaurant being allowed to pay below minimum wage.
that's it in my eye. why is a restaurant owner so special as to expect the patron to pay a portion of his/her employees salary, essentially. in that case, let's not call it a tip.
"and never forget that you are trusting these folks with the preparation of your food"
Oh yes, please do spit on my food. Because when you get caught, your tip will be the least of your worries. Hell, I'll even triple the tip to help out with your legal expenses.
This mandatory minimum tip thing is such a scam. The tip is meant to reflect their work. If their work ethic is lousy, you give them a lousy tip. End of. If their work is exceptional, then you leave an exceptional tip. Easy to understand, yes?
It comes down to one simple factor, people are a-holes.
Be it the jerks who run a server ragged for hours, tying up tables that could be send several groups through, and then leaving 5% because 10$ on a 200$ tab is "fair" or restaurant management who think that the majority of a server's income should be from gratuities. By no means should these or situations like them occur. Sub minimum wage salaries should be outlawed. That there are laws allowing them is shamefully representative that the restaurant industry has too much pull with our lawmakers. Minimum wage should be the bare minimum for unskilled, base level jobs. A server is neither a unskilled, nor an entry level position.
A gratuity should be a bonus for a job well done, and as encouragement to repeat quality performance. As a person who works in the service/repair industry, I occasionally get a tip, usually a few bucks as an added "thank you" for doing my job, as it should be.
And remember people, always be nice to your server and tip well if you ever plan to return. These people handle your food and you never know where it could have been prior to arriving at your table.
But i don't think it's all that 'audacious' to offer up PLAUSIBLE reasons beyond the server's control that could adversely effect service.
And as for the food prep issue - i'm just being honest - i'd be willing to bet my house that you've eaten something that's been dropped on a nasty kitchen floor - and if you've ever sent anything back at a high-end restaurant (essentially insulting an executive chef_, well, like i said, i'm just telling it how it is - not condoning it, not defending - just being honest - be respectful of 'those people' who prepare your food behind closed doors
Move to Europe. People are PAID a regular salary to wait tables. Tips are minimal at best and are UNEXPECTED. Meal prices are comparable to what we have here in the states.
I hate the whole tipping concept. Management should pay people what they are worth. Period.
Ive was a waiter briefly and realized it was a lot easier to just get a new job than depend on tips to pay bills. I get tired of hearing people complain about their crappy job.
I always tip way too much, but that is because I am a regular at most restaurants or bars that I go so I always get great service and a discount or some sort of hook up.
This issue has been in the news lately because of Oprah. Apparently she posted a list of tips to save money during a rough economy, one of which was to tip only 10%
I would rather restaurants just charge more for the meal in the first place and pay their employees at least minimum wage. That way the tip is a bonus for a job well done not something waiters depend on to pay their rent.
The argument against that is usually that the quality of service would decline if the employees knew they would be making the same amount no matter how well they did their job but I dont think that is true. Not getting fired because youre doing a lousy job is a pretty good incentive. Another argument Ive heard is that it is just not possible to pay servers minimum wage because it would cost too much. I am more inclined to believe this. I know fast food joints can pay minimum wage because they can serve in a few hours the same amount of customers a sit down restaurant may see in a day.
I'm on the side of the students though. If the service sucked ass, then they shouldn't have to leave a tip.
on this i think you may be wrong - if it states the policy clearly on the menu, then it becomes a charge - just like the charge listed for any menu item - so refusing to pay the charge would amount to walking without paying the balance of the bill
if you go into the business (even if it is just a job), please know where you're at and treat the people with kindness and respect and you'll get it in return. if the people are crap, then that's them, not you but don't come to work with the crap attitude especially waiting around in the crappy attitude because no one will want to come back. the waitress/waiter need to know how to be a good waiter/waitress. if they have baggage, then leave it a the door like all other employees. then again, there are a lot of people out there that don't know good work ethics.
If someplace has a mandatory tip and uses that as an excuse to give crap service to big groups (and a LOT of places do that), I will usually pay it, but I will not go back.
Don't care. At All. Period. You get paid for the service you do. That's the end of it. Just like there are no excuses for me not to do my work. I go to work, do my job, and get paid. If I don't, I don't get paid.
"i'd be willing to bet my house that you've eaten something that's been dropped on a nasty kitchen floor"
Because it happens doesn't mean it should. If I catch someone doing that, they're facing the consequences. There's no "aw well I bet it has happened before" happy ending for them.
"be respectful of 'those people' who prepare your food behind closed doors"
Oh, I see, *I* have to be respectful, but they don't have to be. Great, more double standards. We need more of those.
I really don't feel sorry for wait staff. No one forces them to take the job!
Tipping is like welfare... i mean its like a form of wealth redistribution and the recipients have come to rely on it.
Fortunately i am not forced to patronize the establishments that chose to implement this archaic system.
Agreed 100%. Respect is a 2 way street. Just because I'M PAYING YOU FOR COOKING FOR ME doesn't give you the right to muck around with my food (under the guise of "respect" for people who "cook your food") because you didn't cook it the way I PAID YOU to cook it.
Went to Denny's once. Packed house, one waitress. She was CLEARLY tired and exhausted, saw her taking meds behind the counter (probably for a headache). Maybe she has kids at home that she's trying to put through school/college, maybe one of them (or more) is an ungrateful dbag of a teenager, maybe she's a single mom, and she probably has bills to pay. Well that didn't bother her because she was serving the entire restaurant of 50+ people, talking with her customers, getting the orders right, doing everything in a timely fashion, with a SMILE. That's how you get an exceptional tip.
Considering my group's generous tip combined with the tips of everyone else, I bet you she made some nice bank that day.
Aren't those all perfectly good excuses for her to slack off? What if she had, how much should I tip her for her crappy service? Is it MY fault that she's having a tough time over there? And if it isn't my fault, why should I be the one that has to pay for it?
If there is crappy service, and a mandatory tip, there's a deficit in value there. Someone has to pay for it. Why the customer if they arrived AFTER the circumstances which caused the crappy service?
It is your job to bring me food from the kitchen. If it is the steak and a bottle of Chateau Margaux '82 I should have to pay the same for your service as if it were salad and bread sticks. It's not like you did anything differently.
gra?tu?i?ty
??/gr??tu?ti, -?tyu-/ [gruh-too-i-tee, -tyoo-]
–noun, plural -ties.
1. a gift of money, over and above payment due for service, as to a waiter or bellhop; tip.
2. something given without claim or demand.
However, the idea of a mandatory tip is silly. I've eaten in only a couple of places that had that, including restaurants in Europe.
Three of us were getting some sandwiches in Rome once. Total cost about: 15 euros. If we were to sit down at their not-very-fancy outdoor tables instead of the nice park across the street, we would have paid almost 50 euros. We sat across the street where it was free.
That said, I believe if you cannot afford the tip, you can't afford to eat out. Go to a buffet or McDonald's, where you don't have someone running around catering to your every demand.
Yes, sometimes you get sub-par service and that (in my opinion) is worthy of a sub-par tip (less than 15%), but the situation was clearly handled poorly by the customers. And let's be honest, we don't know exactly what was going on in the restaurant that night, so we can't know all the specifics of the situation, and regardless, a 0% tip (in our culture) is entirely uncalled for. The bottom line is that some things are beyond a server's control. A waitress cannot help how fast the kitchen works, and some people drink an entire soda in less than 30 seconds, so refills can be impossible to keep up with at times. So... I say cut the waitstaff a little slack because we don't know exactly what kind of customer those college students were.
and 8 people sitting at 2 tables of 4 ?
But this restaurant and the police who aided and abetted them are so far in the wrong here that they deserve a major smack-down. If the restaurant (and police) consider "mandatory gratuities" to actually be a "service fee" rather than a gratuity they would have had to collect (and send to the county/state/Feds) sales tax on those monies.
I'm not familiar with this particular restaurant's practices, but none of the restaurants I've ever visited collect/pay sales tax on these "mandatory gratuities" and I believe it is highly unlikely this restaurant does that either. As a consequence of claiming that the amount in dispute was an owed fee, the restaurant ought to be promptly audited and billed by the Pennsylvania Department of Revenue and by the IRS to determine what they owe in delinquent taxes and penalties. And I hear the 2006 federal tax law changes add new, guaranteed bounties for whistleblowers who turn in businesses that are underpaying their taxes...
If you don't tip you don't deserve to get waited on. You are not an agent of social change when you don't pay for your service. It does not make the management pay their wait staff better. It just makes you a cheap asshole.
Personally, I don't go to places where there's a mandatory gratuity. It's insulting. Just be honest and raise the prices on the menu.
I do tip well (typically 20+%, believe it or not), but the tip is a bonus, not a requirement.
Most times and for most people when patrons enjoy their meal, it's because they enjoyed their meal. The lion's share of the tip rightfully belongs to the kitchen staff.
When was the last time anyone chose a place because of the wait staff?
I'm sure setting the table, bringing the drinks and meals, refiling the water glasses, punching up the cash register, and all the while presenting a positive yet unobtrusive attitude require top-flight Ph.D.s these days, and most restaurant patrons should be just grateful for the uncanny superhuman acumen of wait staff, but honestly, get over yourselves. If there weren't ten people in line waiting to take your sub-par paying job because it requires the skills of a ten year old, restaurant owners would compete to pay you better the same way they compete for chefs.
Tipping is the most asinine aspect of the restaurant industry because it's predicated on the assumption that patrons should not expect good and proper service as the norm. What if every industry were like that?
Need a good mechanic? How about a good dentist, defense lawyer, plastic surgeon, or oncologist? Or how about tipping the turkey farmer and processor for your delicious Thanksgiving turkey, and especially for not, you know, tampering with your food?
Besides, the places paying sub-par are probably not places renowned for their service to begin with, and if your wait skills and/or other skills are that good, why are you working in a sub-par paying establishment?
Ultimately, the relevant "tip" here is, when in Bethlehem, stick to fast food and self-serve because Bethlehem cops are no doubt generously "tipped" by its sub-par paying establishments to enforce their tipping "mandates".
http://www.snopes.com/language/acronyms/tip.asp
1) Tipping has reached a point where it is now often an uncomfortable part of the patrons overall experience and unfortunately one of the most memorable as it's one of the last things experienced. Since the customer experience is just as important as the food... privately owned restaurants should definitely consider doing away with tipping as it might be better to just let your customers leave full and happy rather than being overly judged at tipping time.
2) I've traveled a great deal and the best service by far were in those nations where waiting is a profession. They receive an education, have to pass governmental requirements, are paid a professional salary and therefore take their jobs very seriously. Bad service? There are many others waiting in line to take their job so competition weeds out the bad ones and the restaurant, staff and customers are all the better for it.
This probably wouldn't be implemented in chain restaurants but at least people would have options and know what to expect from both types of systems.
I do think it's necessary that a server be tipped; the majority of servers rely almost solely on their tips as a main source of income. However, perhaps 18 or 20% is little steep for a mandatory add-on. Perhaps 15%, which seems like a good compromise, would allow for the server to be compensated, perhaps more fairly, given the increased number of orders, but would not be outrageous, especially considering that sometimes service is lousy.
That said, I think a person should have a right to refuse a tip if it's not required 100% of the time. If the tip were always included, as in many countries, then complaints would decline.
Also, being arrested for this matter is ludicrous. I can see a court date being fair - an act like this could be considered equal to a traffic fine violation, and treated as such in court.
So why not just give the staff the standard minimum wage, up the food prices a bit to keep the restaurant's profit the same, and avoid all the angst that the whole stupid tipping scenario causes?
Honestly, I just can't understand why doing a service job in a restaurant is paid differently from every other job in the world.
And now I'm hungry. Thanks.
Its that kind of self-centered entitled thinking that ensures I never tip unless the service was AMAZING. Then I toss on 2 or 3$'s.
@Mitch: I'm not claiming responsibility for social change. I'm claiming that the entire system is retarded, and I refuse to participate in it. If that means the server who waited on me is out 3 or 4$ for essentially 5 minutes or so (AT MOST) of work, then BOOHOO; so be it.
I make 15$ an hour tutoring between my classes. I don't get tipped ensuring people get good grades, that help them for the rest of their careers, nor do I ever expect too. Neither should people who pickup a plate of food from a cook, and walk it 15 bloody feet.
How can someone be ARRESTED for not paying a "gratuity"?
Also, more ridiculous stories coming out of the US, why am I not surprised.
For me as an European/German it would be very unusual to find this, although i have seen similar in Italy.
Un-tip-ing is a way to tell some people they should look for another job. The waistress, the cook, the owner, they all should do something else.
Plus, why should a larger bill mean a larger tip? Whether I order house red or an expensive wine with my food the waiter's job is identical.
America; the land of the free to charge whatever the hell you like eh?
I understand why gratuity should be higher at fancy restaurants- generally such meals are longer, with more courses and more attentive service. Still, in an ideal world, I don't think a % is the best way to calculate the extra appropriate tip. Whether I order mashed potatoes or or porterhouse, it's one plate to bring over. The % system is also unfair at breakfast- what do I tip on a $5 meal? It would be insulting to leave $1.
I'd much rather have servers paid more and factor it all into the meal prices, but really (since the tip system is already in place), it wouldn't work unless a LOT of places did it at once. Patrons wouldn't know what changed, and would tip anyway (or not go, because they see a price hike). How many times to you see people ask their servers about things that are clearly spelled out on the menu?
NO. TIP. FOR. YOU.
An employer of a tipped employee is only required to pay $2.13 per hour in direct wages if that amount combined with the tips received at least equals the federal minimum wage. If the employee’s tips combined with the employer’s direct wages of at least $2.13 per hour do not equal the federal minimum hourly wage, the employer must make up the difference. Many states, however, require higher direct wage amounts for tipped employees.
Even the tipped worker received no tips, the pay is still at least $7.25 per hour as paid by the employer.
I know ppl that work in restaurants that pay minimum wage despite the legal loophole and they evenly divide all gratuities amongst all staff, except management. They realize it's a team effort, so the busboys, cooks and dishers all get a cut of the take.
To the person who derided wait staff by saying the job could be done by 10 year-olds. Wrong. I've eaten at family restaurants and been served by 12 year olds. You would be surprised how offensive they can be on account of their inexperience...like saying "are you done with that yet" rather than "I'll take that if you're finished". That stuff really diminishes the quality of your dining experience.
Personally I tip whenever a certain amount of personal servitude is required. A waiter has to do pretty much whatever a customer wants so I tip them. The lady at my coffee shop (not s-bux) has to deal with my micromanagement of how my espresso is made. She gets tipped too. A surgeon or computer repairman does not have to do whatever I say. No tip for them.
If there was a reform of the minimum wage laws for wait staff, I'd still tip. Especially if my table had been particularly demanding.
I am dismayed at the contempt that many of these posters show towards waiters. I'd spit in your food for them.
For those patting themselves on the back b/c they are big tippers, go crazy and tip 50%, big shots. It will simply make matters worse by promoting a dubious entitlement for carrying plates and utensils.
I am not sure if they are trying to get around sales tax or income tax by labeling a veiled service charge as a mandatory gratuity. Possibly they double dip by using the mandatory gratuity as wages and a business expense write off. Of course, it is more likely that they were just trying to sound fancy and wrote a service charge as a mandatory gratuity without realizing the meaning of the words.
However, the diners should not be criminally liable for a rational interpretation of the terms of the menu. This really sounds in Contract and should be interpreted by a court in a civil action and not in a criminal context. In fact, a court should look at the plain meaning of the words and find that, absent some other language defining the terms on the menu, the diners cannot be liable for something above and beyond what is due.
In other words, the problem is with the terms of the menu and “mandatory gratuity” should be changed to “service charge.”
If the menu says (as I'm assuming it did, because it usually does) that gratuity will be automatically included in the bill for parties of say 8 or more, it becomes a part of your bill not paid at the end of the day when you refuse to pay it. I can understand why people think this is crazy, but I honestly am going to side with what some people (probably servers themselves) are saying here.
And I'm not saying I would give worse service to a bad tipper. I have people come in who have never tipped me. I still put on the fake smile and they would never know my seething anger as I'm politely serving their table because to treat someone badly because they didn't tip me would be tacky. I afford the same courtesy to servers who for one reason or another offer me less-than-stellar service. 15 percent just because I know lots of things can factor into the service I get that I may not be aware of if I am not working there. I give people the benefit of the doubt and/or just try to maintain a standard of class. Even if they are plain terrible.
Oh, the argument that a server's job is easy is a joke. It's not a job you need a degree for, but you're on your feet all day and believe me, people are more often rude to servers than they are kind. It can be both physically exhausting and emotionally demanding, even if it's not rocket science. It's the same way in retail. You take a lot of crap from people for some of the lowest paying jobs.
You say "I'm claiming that the entire system is retarded, and I refuse to participate in it." but
that is not true.
Refusing to participate would be avoiding restaurants that have table service because you are expected to tip.
You are participating, but participating very badly. The waiter has agreed to accept a lower wage for waiting on you with the expectation that you will pay for your service, and then you cheat him by not paying for the service. That would be like a student letting you tutor him for an hour and then handing you a $5 bill.
i 0 out tip and leave it on table or leave before i eat
i will be the one to choose how much and where i eat
i have a son and a daughter that has and will be in tbe bussiness again, i will still pay for service earned THATS AMERICA