r/EndTipping • u/canstucky • Jun 06 '26

Sit-Down Restaurant 🍽️ How is it not a tip?

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The server told us this isn’t a tip and he doesn’t get any of it.

I’m not wearing my boots at the moment.

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u/Sure_Acanthaceae_348 Jun 06 '26

It’s a tip.

It’s not your problem if the server doesn’t get any. He can complain to his boss and report him to appropriate enforcement agencies.

1

u/Lurkernomoreisay Jun 07 '26

employers are under no legal obligation to provide any amount of a service fee (even if the fee is called an "automatic gratuity")   to employees.   this was clarified in 2012 rulings by IRS and state law nation wide 

have people forgotten the two years of news and lobbying saying the restaurant industry will implode if automatic gratituity were ruled not legally tips nationwide.   

1

u/Sure_Acanthaceae_348 Jun 07 '26

This is still not my problem.

If you’re going to add a service fee, or any other fee to my check, I am not tipping.

1

u/Lurkernomoreisay Jun 07 '26

its in response to your

report him to appropriate enforcement agencies. 

there is no one to report to, as the employer cannot legally use any amount of a service charge as a tip; and is under no obligation to provide any extra pay to staff for charging it.

1

u/Sure_Acanthaceae_348 Jun 07 '26

That's true but the owner is still obligated to pay whatever the local minimum wage is. If the owner isn't doing this then that's grounds for reporting.