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#52 Nov 19 2009 at 7:32 PM Rating: Decent
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gbaji wrote:
you are not required to pay that portion of the bill and can refuse to pay it, or reduce it if you want.


I'd really have to see a citation on the legality of this. As far as I was aware, it's something you agree to once you continue to do your business there after reading the menu.



Edited, Nov 19th 2009 8:41pm by CBD
#53 Nov 19 2009 at 7:35 PM Rating: Good
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Sweetums wrote:
I don't see how it's not legal. It's explicitly stated. If someone doesn't like the policy, then they're free to take their business elsewhere.


I didn't say it wasn't legal. It's absolutely legal for the business to calculate your tip for you and put it on your bill. But it's also absolutely legal for you to refuse to pay that tip and/or reduce or even increase the amount if you wish.

It's a gratuity. It's an amount beyond what you are required to pay which you volunteer to pay. You can't be "forced" to pay a gratuity. They put it on the bill so that you don't stiff them. More correctly so that you have to deliberately choose to stiff them instead of do it accidentally because you're just really bad at calculating tips.


You'd be amazed at the number of people who just plain don't understand how to calculate tips. They're so used to "just toss a few bucks on the table", that they don't realize that this isn't sufficient for a large party. That's why they add it to your bill. It's not legally binding. They do it not to force people to pay that much, but so that the customers don't forget to pay that much.
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#54 Nov 19 2009 at 7:36 PM Rating: Good
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Uglysasquatch, Mercenary Major wrote:
CBD wrote:
I'm not even going to touch the statements about large parties being easier.
Ah, but typically, they are easier. Don't get me wrong, the initial hit of the first drink order is harder, but after you get those drinks out, the rest is a breeze.


Well, yeah, if you get a young, happy, wealthy table. Mommy + daddy + kids + grandma and grandpa aren't going to be that great to serve.

gbaji wrote:
The time is having to make rounds among your tables. It takes less time to take 8 orders at one table, than 8 at 8 different ones. It takes less time to deliver 8 dishes to one table, than to 8. We can go on and on and in every single component of waiting it's a more efficient use of your time to work a larger table.


"Difficulty" != time spent. Not sure who told you that, but they were wrong.

You're also over simplifying this with "EIGHT SINGLES OR ONE TABLE OF EIGHT?!" Not that you distilling a situation into equally absurd extremes is anything new.

Edited, Nov 19th 2009 8:47pm by CBD
#55 Nov 19 2009 at 7:36 PM Rating: Good
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CBD wrote:
gbaji wrote:
you are not required to pay that portion of the bill and can refuse to pay it, or reduce it if you want.


I'd really have to see a citation on the legality of this. As far as I was aware, it's something you agree to continue to do your business there after reading the menu.
You can ask to reduce any kind of bill. It's nothing exclusive to gratuities or even the restaurant business. I don't see why there is any special attention being paid to the fact that it's a gratuity.

Edited, Nov 19th 2009 7:41pm by Sweetums
#56 Nov 19 2009 at 7:38 PM Rating: Excellent
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Bardalicious wrote:
gbaji, how much experience do you have as a waiter?


None myself. I thought I mentioned that earlier. I do know a whole lot of people who've worked in the field though (which I know I mentioned). Every single one has said the same things. The right to get first dibs on big tables is something you work hard for in that field. A good waiter will make much much more money over an evening working large tables than small ones. That's why it's preferred. And sure, you have to be "good" at your job to handle them, but it's more than worth it in the amount of tips you get over time and total effort.


Instead of asking me over and over what my credentials are, how about you answer the question I posed:

If you have a choice to work 8 tables with one person at each, or one table with 8 people, which would you pick?
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#57 Nov 19 2009 at 7:38 PM Rating: Good
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gbaji wrote:
Sweetums wrote:
I don't see how it's not legal. It's explicitly stated. If someone doesn't like the policy, then they're free to take their business elsewhere.


I didn't say it wasn't legal. It's absolutely legal for the business to calculate your tip for you and put it on your bill. But it's also absolutely legal for you to refuse to pay that tip and/or reduce or even increase the amount if you wish.

no, it isn't legal to refuse to pay it. That is why these people are facing theft charges.

Quote:
It's a gratuity. It's an amount beyond what you are required to pay which you volunteer to pay. You can't be "forced" to pay a gratuity. They put it on the bill so that you don't stiff them. More correctly so that you have to deliberately choose to stiff them instead of do it accidentally because you're just really bad at calculating tips.

again your arguing semantics. When the menu says "18% gratuity will be added to parties of 8+" they mean it. It isn't a suggestion.


gbaji wrote:
You'd be amazed at the number of people who just plain don't understand how to calculate tips. They're so used to "just toss a few bucks on the table", that they don't realize that this isn't sufficient for a large party. That's why they add it to your bill. It's not legally binding. They do it not to force people to pay that much, but so that the customers don't forget to pay that much.

If it was indeed just a suggestion, it would be on a "suggested gratuity" line instead of already added to the bill.



Edited, Nov 19th 2009 7:49pm by Bardalicious
#58 Nov 19 2009 at 7:39 PM Rating: Good
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It's the suggested gratuity, and it's calculated and added automatically to the bill because people tend to lose their mathematical abilities when calculating tips for any group larger than about 4 and the restaurants know this.


I have no idea why someone wouldn't easily be able to figure out the ~20% tipping value.
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#59 Nov 19 2009 at 7:40 PM Rating: Decent
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Sweetums wrote:
You can ask to reduce any kind of bill. It's nothing exclusive to gratuities or even the restaurant business. I don't see why there is any special attention being paid to the fact that it's a gratuity.


Oh, certainly, but it seems like rubbish that I can just throw down 5% instead and waltz out of the restaurant without having talked to the manager. I was given a bill. The bill means "Pay us x amount." It seems similar to saying "Well I feel this chicken was worth half the price so I'm just going to pay $7 instead of complaining to management about it."
#60 Nov 19 2009 at 7:41 PM Rating: Good
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CBD wrote:
gbaji wrote:
you are not required to pay that portion of the bill and can refuse to pay it, or reduce it if you want.


I'd really have to see a citation on the legality of this. As far as I was aware, it's something you agree to once you continue to do your business there after reading the menu.


Wrong. Everything on a bill is legally negotiable right up to the moment you pay the bill. And the tip absolutely is.

You're confusing a notification that they're calculating your tip for you with some kind of legal requirement to pay it. It's still a gratuity. And while I'll accept the possibility of some local ordinance mandating such tips somewhere, the common definition of "gratuity" means that it's optional and voluntary. It's not a gratuity if you're required to pay it. If they call it a gratuity, then by assumption you have the right to change the amount if you don't agree with it.


I'm not sure why this is even a subject of debate.
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#61 Nov 19 2009 at 7:44 PM Rating: Good
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gbaji wrote:
Bardalicious wrote:
gbaji, how much experience do you have as a waiter?


None myself. I thought I mentioned that earlier. I do know a whole lot of people who've worked in the field though (which I know I mentioned).

Good, I'm glad that you could finally admit that you have no actual experience in the matter and are just parroting what others may or may not have told you.

Quote:
The right to get first dibs on big tables is something you work hard for in that field. A good waiter will make much much more money over an evening working large tables than small ones. That's why it's preferred. And sure, you have to be "good" at your job to handle them, but it's more than worth it in the amount of tips you get over time and total effort.

False. A restaurant, if my past experiences are correct (someone else can confirm this), is broken up into sections. At the restaurants I worked, the average %tips of each section was kept. Guess which sections had the highest percentages? The sections with booths that could only seat usually 4-5 at a table.


Quote:
Instead of asking me over and over what my credentials are, how about you answer the question I posed:

If you have a choice to work 8 tables with one person at each, or one table with 8 people, which would you pick?

I never worked at a restaurant where 8 tables were considered a section, so your question is moot.

I'd rather have 2 tables of 4, or 4 tables of 2, though.
#62 Nov 19 2009 at 7:44 PM Rating: Decent
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Timelordwho wrote:
Quote:
It's the suggested gratuity, and it's calculated and added automatically to the bill because people tend to lose their mathematical abilities when calculating tips for any group larger than about 4 and the restaurants know this.


I have no idea why someone wouldn't easily be able to figure out the ~20% tipping value.


We've had threads about tipping on this forum before. It's always surprising to see how many people don't calculate tips as a percentage of the bill, but just pay some set amount every time. You'd think that wouldn't be the case, but it is.


Why do you think they do this (add the gratuity to the bill) if not because large parties frequently fail to calculate the tip properly? It's kinda the first and only reasonable assumption, isn't it?
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#63 Nov 19 2009 at 7:46 PM Rating: Good
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gbaji wrote:
Wrong. Everything on a bill is legally negotiable right up to the moment you pay the bill.


Well no sh*t. The point it seems you've been trying to make, however, is not that it's negotiable but that it's ignorable. I can go "Oh I don't want to pay $18 as my 18%," leave the waiter $10, and then just walk out of the restaurant without saying a word to anyone? Really?

gbaji wrote:
then by assumption you have the right to change the amount if you don't agree with it.


Yes, by going up the manager and explaining the situation. And if the manager says "Sorry, no dice, you're making sh*t up to get out of paying this." I very much doubt you can just say "WELL I'M NOT PAYING ANY OF IT," leave the restaurant without doing so, and get away with it legally.



Edited, Nov 19th 2009 8:58pm by CBD
#64 Nov 19 2009 at 7:46 PM Rating: Good
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gbaji wrote:
Timelordwho wrote:
Quote:
It's the suggested gratuity, and it's calculated and added automatically to the bill because people tend to lose their mathematical abilities when calculating tips for any group larger than about 4 and the restaurants know this.


I have no idea why someone wouldn't easily be able to figure out the ~20% tipping value.


We've had threads about tipping on this forum before. It's always surprising to see how many people don't calculate tips as a percentage of the bill, but just pay some set amount every time. You'd think that wouldn't be the case, but it is.


Why do you think they do this (add the gratuity to the bill) if not because large parties frequently fail to calculate the tip properly? It's kinda the first and only reasonable assumption, isn't it?

It's to combat sticker shock.

When a family of 8 realizes they just dropped $120 on Timmy's birthday, the parents usually go through an "oh ****!!" moment and scrimp on the tip.
#65REDACTED, Posted: Nov 19 2009 at 7:50 PM, Rating: Sub-Default, (Expand Post) That's not a tip anymore... It's not right to obliged the customers to give them a tip.. That's FAIL... maybe they have to include it on your receipt as a service fee..
#66 Nov 19 2009 at 7:53 PM Rating: Good
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Bardalicious wrote:
False. A restaurant, if my past experiences are correct (someone else can confirm this), is broken up into sections. At the restaurants I worked, the average %tips of each section was kept. Guess which sections had the highest percentages? The sections with booths that could only seat usually 4-5 at a table.


Which is a wonderful explanation of why many restaurants automatically calculate and add tips to the bill for larger parties.

Your statement fails to refute the point I made though. The tip percentage may be higher per bill, but the amount of time and effort to get a given dollars worth of bill is higher at smaller tables as well. There's an overhead of time and effort for each table worked. If the tables have fewer people at them, then you have to work more of them in order to have the same dollar amount of bill from which that tip is calculated.

The average cost of a dish is the same whether there are 4 people at a table or 8. But, as I've repeatedly stated, it quite obviously takes less time to fill 8 glasses at one table than at 8, and to take 8 orders at one table than at 8, or to bring 8 dished to one table than at 8, etc, etc, etc...

That efficiency outweighs everything else, assuming that the large party doesn't stiff you on the tip, of course. Which is why they add it to the bill. It doesn't change the fact that everything else being equal, the smart wait staff take on a smaller number of large tables if they have the choice.


Quote:
I'd rather have 2 tables of 4, or 4 tables of 2, though.


Than what? 1 table of 8?

Would you rather have 2 tables of 4, or 4 tables of 2? Cause that would seem to be relevant...
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#67 Nov 19 2009 at 7:56 PM Rating: Good
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Would you rather have 2 tables of 4, or 4 tables of 2? Cause that would seem to be relevant...


I'd imagine that often dating couples tip above average.

And that the optimal range is more of a normal curve, except for exceptionally large numbers.

Edited, Nov 19th 2009 9:01pm by Timelordwho
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#68 Nov 19 2009 at 7:57 PM Rating: Good
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CBD wrote:
Yes, by going up the manager and explaining the situation. And if the manager says "Sorry, no dice, you're making sh*t up to get out of paying this." I very much doubt you can just say "WELL I'M NOT PAYING ANY OF IT," leave the restaurant without doing so, and get away with it legally.


Um... That's exactly what they did though (minus the not paying any of it bit). They went to the manager, explained that the service was horrible and they were not going to pay for the gratuity. They then sat there with the manager and calculated the correct amount of the bill minus the gratuity and paid that amount. The manager pretended to go along with this, but presumably was stalling until the cops arrived because before the couple could walk out, they were arrested.


I'm not saying they can just ignore the bill for their food. I'm saying that they can do exactly what you suggested and explain that they don't feel they should pay the full gratuity and deduct that from the bill. The couple in question did exactly that and were arrested for it. Hence, my position that it should be completely legal to do what they did. A gratuity is not mandatory.
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#69 Nov 19 2009 at 7:58 PM Rating: Default
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Good, I'm glad that you could finally admit that you have no actual experience in the matter and are just parroting what others may or may not have told you.


Eh, fine. I spent a good couple of years out of 3 working at a restaurant and occasionally having to work as waiter, as well as working and talking with waiters/waitresses during work(as well as listening to a younger sister who was a waitress).

Big tables are preferable to small tables as you don't have to run between 5-6 different tables of people, instead you can focus on the one. Big tables are good, as long as its not the big family table, its the noisy messy children that end up being the problem with big tables, not the fact that there are many people at one.

Given the choice between the 1-2 person table and getting a small tip, or serving the big table and getting a large one, I obviously went for the latter. Aside from just it being easier, it seemed you were often times less likely to get the table mad at you if there was some delay. Instead of two people wondering when the food was arriving, you have a large group surprised to have their conversation interrupted by the food being brought out.

I am not lifelong waiter, but from experience I have at least found big tables to be preferable.
#70 Nov 19 2009 at 7:59 PM Rating: Good
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gbaji wrote:
Bardalicious wrote:
False. A restaurant, if my past experiences are correct (someone else can confirm this), is broken up into sections. At the restaurants I worked, the average %tips of each section was kept. Guess which sections had the highest percentages? The sections with booths that could only seat usually 4-5 at a table.


Which is a wonderful explanation of why many restaurants automatically calculate and add tips to the bill for larger parties.

Your statement fails to refute the point I made though. The tip percentage may be higher per bill, but the amount of time and effort to get a given dollars worth of bill is higher at smaller tables as well. There's an overhead of time and effort for each table worked. If the tables have fewer people at them, then you have to work more of them in order to have the same dollar amount of bill from which that tip is calculated.

No, it isn't. Smaller tables may sound like more "work and time" to you, but that "work and time" equates to a couple more trips back to the kitchen. That isn't a big deal.

If you want to discuss efficiency and time sinks then consider the time spent at a table by a party. Because the number of tables a server has is usually fixed, the amount of money a waiter can bring in is directly related to how quickly a table can be rotated. Bigger parties end up "camping" tables. They will sit there for usually twice as long as a smaller parties. That alone makes them undesirable enough.


Quote:

Quote:
I'd rather have 2 tables of 4, or 4 tables of 2, though.


Than what? 1 table of 8?

Would you rather have 2 tables of 4, or 4 tables of 2? Cause that would seem to be relevant...

2 tables of 4, as tables of 4 usually leave faster than tables of 2. You see a lot of dating couples in those tables of 2, and they tend to stick around for a long time as well.
#71 Nov 19 2009 at 8:02 PM Rating: Good
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gbaji wrote:
CBD wrote:
Yes, by going up the manager and explaining the situation. And if the manager says "Sorry, no dice, you're making sh*t up to get out of paying this." I very much doubt you can just say "WELL I'M NOT PAYING ANY OF IT," leave the restaurant without doing so, and get away with it legally.


Um... That's exactly what they did though (minus the not paying any of it bit). They went to the manager, explained that the service was horrible and they were not going to pay for the gratuity. They then sat there with the manager and calculated the correct amount of the bill minus the gratuity and paid that amount. The manager pretended to go along with this, but presumably was stalling until the cops arrived because before the couple could walk out, they were arrested.


I'm not saying they can just ignore the bill for their food. I'm saying that they can do exactly what you suggested and explain that they don't feel they should pay the full gratuity and deduct that from the bill. The couple in question did exactly that and were arrested for it. Hence, my position that it should be completely legal to do what they did. A gratuity is not mandatory.


Yeah, a gratuity in this sense is not mandatory just like a plumbing bill is not mandatory, or a bill for any other service isn't mandatory.
#72 Nov 19 2009 at 8:02 PM Rating: Decent
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Bardalicious wrote:
It's to combat sticker shock.

When a family of 8 realizes they just dropped $120 on Timmy's birthday, the parents usually go through an "oh @#%^!!" moment and scrimp on the tip.


I'll buy that as well. In any case, the point is to put the obligation on the customer to reduce the tip if he wants (with all the attendant assumptions that may bring) rather than hope the customer correctly pays the full amount. They're banking on the fact that most people are not going to refute the tip amount calculated for them on the bill, no matter how much or for what reason they might normally pay less.


It still doesn't make it mandatory though. You just have to take a deliberate action to reduce the tip they calculated for you. Legally, you shouldn't be obligated to pay it if you really don't want to.
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#73 Nov 19 2009 at 8:04 PM Rating: Good
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gbaji wrote:
They went to the manager, explained that the service was horrible and they were not going to pay for the gratuity. They then sat there with the manager and calculated the correct amount of the bill minus the gratuity and paid that amount. The manager pretended to go along with this, but presumably was stalling until the cops arrived because before the couple could walk out, they were arrested.


What the hell, were you there in the restaurant watching this unfold? Because that's not what the article says.
#74 Nov 19 2009 at 8:05 PM Rating: Good
Gbaji isn't answering the question because he doesn't have any serving experience, therefore he's not an authority on the topic and he doesn't like that.

I don't claim to be an authority either, but I do know a fair amount, as my bf was a server for two years up until he was recently laid off for poor sales percentages (imagine that in this economy!).

He was one of the weird servers that actually liked working large parties, because he did feel that it was less work, and you generally get tipped more. He'd completely avoid the issue with the gratuity thing, by telling his customers he was waiving the 18% required gratuity, and saying that they could tip him whatever they thought he was worth. He'd then work his butt off, and nine times out of ten they'd tip him more than 18%.

Personally I think we should adopt a system like they have in France. Over there they add the tip into the bill, and you are legally required to pay the entire thing. If you want to tip above that, you are welcome to of course. Servers in most of the states here just have it horrible. I seriously don't understand how they make a living wage in right to work states. Oregon isn't one, and because of that servers get paid the full minimum wage and then make tips above and beyond that. My bf would gets bi weekly paychecks that averaged about $200, and have tips beyond that, and we STILL struggled. Granted both of us rather suck at managing money, but still. I really can't fathom how servers who make half of minimum wage survive.
#75 Nov 19 2009 at 8:05 PM Rating: Excellent
We tipped one penny once at Mellow Mushroom, because we ordered our food and waited over an hour for it, while other people came in, ordered, got their food, and ate, and left. When we got our pizza, it was cold, despite the waitress telling us it wasn't done for 45 minutes. We were obviously just a bunch of high school kids in town for the band festival, but we vowed to never eat at that Mellow Mushroom when we came to college. They lost 10 potential customers that day.

After 9 years, the location moved, and we ate there once and the service was much better.

Edited, Nov 19th 2009 9:22pm by catwho
#76 Nov 19 2009 at 8:09 PM Rating: Good
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Personally I think we should adopt a system like they have in France. Over there they add the tip into the bill, and you are legally required to pay the entire thing.If you want to tip above that, you are welcome to of course.


This is not a tip.
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