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We're accustomed to adding an extra 20 percent when we pay the check. But we shouldn't be.
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What are some of the most important issues to take into account when entertaining the idea of starting with or switching to a no-tipping policy? There are a number of legal concerns.

The problem for restaurants that get rid of tipping and switch to a service charge or no-charge-at-all policy is that they still need to contend with the possibility of a cash tip. If you start requiring servers to tip share … you end up right back in the legal landmine of who is entitled to tips.


  • Mentor (To Be A Killer Book 3).
  • Is It Time to Rethink the Rules of Tipping? - Consumer Reports;
  • 13 Top Restaurants That Have Adopted a No Tipping Trend - Small Business Trends.

The best advice is to let the server keep the cash tip and do not require tip sharing—but still require IRS tip reporting. What kind of potential legal ramifications could stem from no-tipping policies? What are the questions you hear most from operators entertaining a shift to a no-tipping policy? How will the customer respond to an increase in prices?

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Will I lose my best staff? Right now, those answers are a bit unknown, but as usual, the coasts are leading the way, and we are seeing a number of San Francisco, Los Angeles and New York City restaurants looking to change the systems in the first quarter of Are there any legal nuances that need to be considered when developing a no-tipping policy? This is a loaded question.

Until about 10 years ago, no one questioned how restaurants operated; a blind eye was often turned to those operators where cash wages, salary instead of overtime and tip pools that might have included the wrong job classification were the norm. However, all along we had a very intricate set of state and federal wage and hour laws that sometimes parallel consumer affairs and tax laws that affected tipping and the wages of restaurant workers.

When the private lawsuits started coming in and Departments of Labor started poking around, some restaurant owners were slow to figure out the maze of laws. Sign up to receive texts from Restaurant Business on news and insights that matter to your brand.

"No Tipping allowed" - Runaway Bay Forum

These emerging chains are the growth vehicles to watch—the ones poised to be major industry players in the coming years. Le Pigeon is just one of many restaurants in the US to end tipping in the past year.

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But at Le Pigeon it seems to have worked — at least for the staff. In October, Danny Meyer, restaurateur and CEO of Union Square Hospitality Group, made headlines when he did away with gratuities at his restaurants to shrink the income gap between servers and cooks.

After Trying No Tipping Policies, Some New York Restaurants Reverse Course - WSJ

Adding insult to injury, a February court ruling determined that employers within the ninth circuit states — including Washington, Oregon and California — can no longer require employees to share their tips with the back of house, such as cooks and dishwashers, in what is called a tip pool. Yet the establishment has since become more efficient, he said, and runs with a tight team of 11 people who cover a snug seater space. Nixing the tip has gained momentum in the US through the pop-up scene, which takes the form of supper clubs, food trucks, chef counters, and special events in makeshift spaces.

The vast majority of pops-up run with just a kitchen and no servers. When she made the switch, every one of her employees stuck with her.

Yet a no-tipping policy has proved to be a disaster for some who have tried to stay ahead of the minimum wage trajectory. Even with readjusted wages, bussers and runners felt they were under-compensated and eventually quit, which put strain on the hiring managers. Huffman also found that his customers still tried to leave tips, even when they were told not to. According to research by Michael Lynn , professor of consumer behavior and marketing at the Cornell University School of Hotel Administration, most people tip not based on service, but because they feel guilty and obliged.