this post was submitted on 12 Nov 2023
813 points (94.3% liked)
Mildly Infuriating
35514 readers
504 users here now
Home to all things "Mildly Infuriating" Not infuriating, not enraging. Mildly Infuriating. All posts should reflect that.
I want my day mildly ruined, not completely ruined. Please remember to refrain from reposting old content. If you post a post from reddit it is good practice to include a link and credit the OP. I'm not about stealing content!
It's just good to get something in this website for casual viewing whilst refreshing original content is added overtime.
Rules:
1. Be Respectful
Refrain from using harmful language pertaining to a protected characteristic: e.g. race, gender, sexuality, disability or religion.
Refrain from being argumentative when responding or commenting to posts/replies. Personal attacks are not welcome here.
...
2. No Illegal Content
Content that violates the law. Any post/comment found to be in breach of common law will be removed and given to the authorities if required.
That means: -No promoting violence/threats against any individuals
-No CSA content or Revenge Porn
-No sharing private/personal information (Doxxing)
...
3. No Spam
Posting the same post, no matter the intent is against the rules.
-If you have posted content, please refrain from re-posting said content within this community.
-Do not spam posts with intent to harass, annoy, bully, advertise, scam or harm this community.
-No posting Scams/Advertisements/Phishing Links/IP Grabbers
-No Bots, Bots will be banned from the community.
...
4. No Porn/Explicit
Content
-Do not post explicit content. Lemmy.World is not the instance for NSFW content.
-Do not post Gore or Shock Content.
...
5. No Enciting Harassment,
Brigading, Doxxing or Witch Hunts
-Do not Brigade other Communities
-No calls to action against other communities/users within Lemmy or outside of Lemmy.
-No Witch Hunts against users/communities.
-No content that harasses members within or outside of the community.
...
6. NSFW should be behind NSFW tags.
-Content that is NSFW should be behind NSFW tags.
-Content that might be distressing should be kept behind NSFW tags.
...
7. Content should match the theme of this community.
-Content should be Mildly infuriating.
-At this time we permit content that is infuriating until an infuriating community is made available.
...
8. Reposting of Reddit content is permitted, try to credit the OC.
-Please consider crediting the OC when reposting content. A name of the user or a link to the original post is sufficient.
...
...
Also check out:
Partnered Communities:
Reach out to LillianVS for inclusion on the sidebar.
All communities included on the sidebar are to be made in compliance with the instance rules.
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
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".
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.
You might want to read it again
A place implementing a service charge cannot classify it as a tip, even if it's 100% passed onto the employee... a mandatory charge is not a tip, even if the restaurant encourages you to treat it that way. Certain states and jurisdictions tax tips differently than regular wages, and service charges are wages, not tips.
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?
A "tip" is for the server serving.
A "mandatory gratuity" is for the server serving.
A "service fee" is for the restaurant existing. Service fees do not go directly to the staff. The restaurant keeps most of that service fee.
I mentioned taxes not to suggest that the practice is legitimate, but to demonstrate that the money is income to the restaurant. Tips are not income to the restaurant. Tips are income only to the staff.
I acknowledge that there is no significant distinction to the customer between a tip and a service fee, but there is a highly relevant distinction between the two for the restaurant and the server. The service fee this restaurant is charging is money stolen from its staff.
This restaurant could support its workers by adding a mandatory gratuity to the bill, in which case I would agree that no tips should be paid. But a service charge is not a tip. A service charge is not a gratuity. A service charge is not paid to the servers. A service charge is kept by the restaurant.
If they charged a mandatory gratuity, I would agree with you. An 18% mandatory gratuity is an 18% tip to the waitstaff; you are not expected to pay an additional tip on top of that.
A tip is money directly to the waitstaff. The restaurant can't touch it. The restaurant is not charged sales tax nor income tax on money collected as tips. When they collect a gratuity, it goes directly to the staff.
This "service fee" was taxed. It did not go directly to the waitstaff; it was recorded as sales revenue, and thus income to the restaurant. The restaurant is being taxed on it before any of it gets to the staff. They would only do that if they are keeping a part of it, which they could not do if it was considered a "tip" or "gratuity".
Charging a "service fee" is a legal way for the restaurant to steal tips from employees, while making you think they are paying it to their staff.
Most likely, they pay minimum tipped wage plus $1/hr. They are making $3.13/hr plus tips instead of $2.13/hr plus tips. That extra $1 is the higher "base wage" they are talking about.
About $0.75 of that $17.22 service fee goes toward increasing the "base wage", with the rest counted as income to the restaurant.
This is not the perfect opportunity to say "you already charged me for the service". This is the perfect opportunity to name and shame this scumbag restaurant for its shitty business practices, and never eat their again.