As long as it's not a mandatory service charge, then gratuity is not legally required to be paid.
Foobooz Tip Log: The Legality of Auto-Gratuity
And as I expected, the case is being dropped:
Update: Case Tips Over - Police Drop Tipping Charges - Strange Crime - Legally Weird
And even worse, apparently the charged gratuity was more then explicitly stated:
Police Drop Theft Charges Against Pub Non-Tippers - The Consumerist
Last edited by obvious Child; 11-26-09 at 04:29 PM.
"If your opponent is of choleric temperament, seek to irritate him." - Sun Tzu
Oh and the article says they overcharged the added gratuity on the bill. I hope other people keep their receipts and they start a class action lawsuit and put this guy out of business.
Schadenfreude ist die schönste Freude.
I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang
My mind and my heart are saying I'm in my twenties. My body is pointing at my mind and heart and laughing its ass off. ~ Kal'Stang
When I had a restaurant we didn't pay half the minimum wage, we paid over the minimum wage.
The profit margin in restaurants is very slim, btw. It's a very labor intensive industry. I'm glad I no longer am involved with the restaurant business.
In our place the prep cook and diswasher got a percentage of the tips.
Does no one know that you tip 1 penny if the service is awful??? At least that way they can't reason that you forgot to tip or something. Then...they know...
A good lawyer could get this tossed, I could. While a gratuity may very well be posted, you are only obligated to pay for what you have received, nothing more. This establishment cannot tax a customer anything other then the state tax that is lawful, one could certainly fight this forced gratuity. The question is, what kind of a-hole is going to make a scene like this, I think this is why they were probably charged with a crime.
I avoid all situations where this type of "tip" is in effect.
I also don't tip, because it's not my job to subsidize an employees wages. Owners take advantage of tips by paying lower wages.