Automatic gratuity (tips) in restaurants
<p>I have seen something along the lines of &quot;parties of 8 or more will have a 25% gratuity added to the check&quot; on menus in many US restaurants.  Its been on menus for as long as I can remember. I <em>assume</em> its legal if it is visible, as it is virtually no different than listing the cost of the food - it just requires more mental math.  However, that doesnt make it so, so I was curious.  Is this legal?  What if you didnt read that part of the menu?  Can you be expected to read the entire menu?</p>
<p>I went to lunch by myself today (in Virginia) and I was shocked to find a 20% gratuity already added to my check.  It was <em>not</em> written on the menu, nor was I told about it.  I have been to this restaurant dozens of times previously, but this was the first time in ~6 months.   When I asked the waitress, she said there was a sign at the front of the restaurant.   I went to the front and there was no sign.  I asked for the manager, who (of course) said it was legal and the waitress should have told me (she didnt).  He went to look for the sign, but it was not there.   He found it behind the cashier's counter (as in someone took it down and it was not displayed).  He offered to take the gratuity off, to which I said no.  I normally tip 15% for normal service, 20% for good.  so I wasnt going to argue over a change.</p>
<p>On a side note/rant, charging almost 2x the cost of a 2 liter bottle of soda for a glass of soda should be illegal :P</p>

<p>Automatic tips are only legal where they have been communicated in advance by whatever means (visible sign at the front, note in the menu etc.).</p>
<p>As in your case it wasn't communicated, it wasn't legal. This is pretty much why the manager offered to refund it.</p>
<blockquote>
<p>Can you be expected to read the entire menu?</p>
</blockquote>
<p>Moot point. It probably can be argued that you can't, and that any notion of automatic tip must be prominently visible.</p>

<h2><a href="/questions/tagged/italy" class="post-tag" title="show questions tagged &#39;italy&#39;" aria-label="show questions tagged &#39;italy&#39;" rel="tag" aria-labelledby="tag-italy-tooltip-container">italy</a> It has to be noted clearly</h2>
<p>In Italy, there are several different types of extra charges that can apply to a dinner in a restaurant:</p>
<ul>
<li>Table/Service Charge - either flat per seat or a percentage of the ordered food + wine</li>
<li>Bar Charge - per drink pulled from the tap or percentage of the costs of the drinks</li>
<li>Life Music Fee - usually a flat amount</li>
</ul>
<p>All of this need to be clearly stated on the menu in a readable and visible place. This is <strong>NOT</strong> a gratuity or tip, but an ordinary billing item.</p>
<h2><a href="/questions/tagged/france" class="post-tag" title="show questions tagged &#39;france&#39;" aria-label="show questions tagged &#39;france&#39;" rel="tag" aria-labelledby="tag-france-tooltip-container">france</a> <a href="https://www.economie.gouv.fr/dgccrf/Publications/Vie-pratique/Fiches-pratiques/Pourboire" rel="nofollow noreferrer">A mandatory Gratitude is not allowed</a></h2>
<p>In France, any service fee <strong>needs</strong> to be part of the addressed prices. Those prices already have to contain the <em>15% service compris</em> since 1985. As such, a mandatory tip would violate law.</p>

<p>Service charges (automatic gratuities) may require notification, or not, depending on state law.</p>
<p>In <a href="/questions/tagged/washington" class="post-tag" title="show questions tagged &#39;washington&#39;" aria-label="show questions tagged &#39;washington&#39;" rel="tag" aria-labelledby="tag-washington-tooltip-container">washington</a>, <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=49.46&amp;full=true" rel="nofollow noreferrer">RCW 49.46.160</a> requires customer notification of automatic service charges:</p>
<blockquote>
<p>An employer that imposes an automatic service charge related to food,
beverages, entertainment, or porterage provided to a customer must
disclose in an itemized receipt and in any menu provided to the
customer the percentage of the automatic service charge that is paid
or is payable directly to the employee or employees serving the
customer.</p>
</blockquote>
<p>There are no particular requirements as to how that notification is to be made. <a href="/questions/tagged/michigan" class="post-tag" title="show questions tagged &#39;michigan&#39;" aria-label="show questions tagged &#39;michigan&#39;" rel="tag" aria-labelledby="tag-michigan-tooltip-container">michigan</a> <a href="http://www.legislature.mi.gov/documents/2001-2002/billintroduced/House/htm/2001-HIB-4657.htm" rel="nofollow noreferrer">Michigan attempted</a> to pass such laws twice but failed.</p>

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