could not be forced to pay a tip - even if the restaurant says it's mandatory." />

The Tipping Point

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In a blow to restaurant owners and servers in particular, prosecutors upstate ruled that a diner could not be forced to pay a tip - even if the restaurant says it's mandatory. Long Islandar Humberto Taveras was in Lake George, NY, dining with his family and another couple (total of nine diners), was charged $77.43; the restaurant, Soprano's Italian and American Grill, owned by Joe and Tina Soprano, argued that Taveras should have paid the 18% gratiuty, $13.73 tip for parties larger than 6, which was included in their bill. Taveras claimed he left 10%, but after some argument about the quality of the food and whether the mandatory gratiuty was noted on the menus, Taveras was taken away by the police, when the Sopranos claimed "theft of services." As its pointed out a number of times, Taveras has spent a couple hundred dollars fighting this charge, to heard the words he wanted from the Warren Country prosecutor said, "A tip or gratuity is discretionary, and that's what the courts have found."

Gothamist finds tipping a very interesting issue. As New Yorkers, we're familiar with many people supporting their other careers by waiting tables, as well as immigrants who rely on tips to send money back to their families. We happen to tip closer to 20% when we can, but sometimes we admit to rounding down when the service is crummy. We'd like to know how much do you tip? Are you tipping off the pre-tax meal price? Do you skimp on tips when the service and food is really bad? And Ask Gothamist on tipping on food delivery.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

Comments [rss]

  • Bartendress

    This is way way late....and the people I'm talking about will probably never even read this, but it still feels good to vent a little.  In response to the idiot somewhere above that said it is pointless to tip a bartender unless you get free drinks (something about buy two get one free....), what planet are you from???? Try pulling that crap on a busy night and see how LONG it takes you to get served.  You will WAIT and WAIT and WAIT until all of the normal, deserving, tipping customers are served.  And THEN, ( unless one of the other tipping customers downs his drink in seconds and is ready for another) you will get some attention from the bartender.  I don't know where this "tip to ensure free drinks" policy came from.  Unless the esablishment you are drinking in has some kind of comp tab system going, you are not going to get free drinks.  At least from me.  I just don't feel comfortable giving away alcohol and other products that aren't mine to give away.  Now, I'm not saying I will never BUY you a drink.  And by "buy you a drink" I mean take money out of my tips to purchase you a drink for normal retail price from the owner of my bar.  But, that's not going to happen because you came into my bar once and left me $3.  :)

    One more thing, this same guy above that was talking about buying rounds at the bar.... do us all a favor and let your friends buy their own drinks; they probably tip better than you. 

  • chefjorge

    I hate waiters. That's kind of a joke. You see I've been a chef for about eighteen years. They screw stuff up, they change the menu by allowing guests to make ridiculous substitutions and do all kinds of other stuff that really gets my dander up. I am certain that it's a two way street, though. Good waiters are truly skilled professionals and I've seen plenty. A good waiter makes your dining experience memorable, sometimes as much as the food. He or she helps your yuppie lawyer ass close that deal or score with that babe. You have absolutely no idea what goes into flawless restaurant service. They by and large know a lot more about wine than you do whether you think so or not. They will pair it with the food that I make so that what you are eating tastes good. Tipping along the aforementioned parameters is the system and they don't make a living wage without it. Really good ones generally aren't getting rich either. They may be doing quite well, but still. Yes I am an interested party. I want them to be good. You do too and the way that happens in the USA is by your participation in said system. Those of you that stiff the server because you feel it's your right or on principle are either complete see-you-next-Tuesdays or pricks and you're not as you hope, sticking it to the man. It's pretty simple. Rule Number 28 of Modern Drunkard Magazine's (which is wonderful reading btw) 86 Rules of Boozing is "If you can't afford to tip, you can't afford to drink in a bar." The same holds true for eating in nice restaurants. The only good waiter is a dead waiter. Maybe, sometimes, but you non-tipping lot deserve to die in a really unpleasant fashion. Yeah I hate waiters, but I hate you people way more.

    P.S. Everyone should watch the opening scene of The Reservoir Dogs, just for fun.

  • vawaiter

    i may not live in new york, but i am appaled by the reasons to not tip. i'm a waiter in virginia, and i've had my share of bad guests, but i've also had a few really good tables. yes i am a college student, and i don't intend on making this my career, but you have to appreciate the time and work a server puts into making your evening memorable. it's all a server can do to work up a smile and a plesant demeanor after a long day. plus when you don't tip, you're making it rough for everyone that comes in after you, because now, your server is in a bad mood.

    as has been pointed out, by not tipping you are taing food out of the server's mouth (i don't know about the other servers here, but i have to pay for meals at my resturant), and making things tough for them in general. waiter i certainly wish i worked at you establishment (i was actually directed here from your blog).

    in response to waiter's post, which no one seemed to want to touch, in my experience african americans are just as bad as everyone else as far as tipping. i'm black, and have been shafted by my "brothers and sisters", but i have also been "taken care of" by them as well.

  • jen

    wow. As I read all these comments, my heart has sunk. I've been in the serving industry for 12 years. For those who blame lack of education or skill as the reason for my continuous employment, I must correct you: the education I recieve on a daily basis of life and the humanities, is greater than that of one who is self-absorbed with their own wishes. I consider myself talented in many areas, but enjoy hospitality the most. I choose to wait tables, because I am good at it. Humility being my strongest trait. I am a natural at taking in a stranger and making them at home, feeding their bodies, spirits, and minds. To take them away from the ugliness of the world outside, and escape to a place where someone else can do the dirt work. That's me. All of your harsh words, your ill tempers, your judgemental and condescending comments. I take it all. Because that is what you are PAYING me to do. That is part of the service! The hardest part is not the heavy load that I carry for long hours or the filth that I clean up so you don't have to, it is how you make me feel. Every day is a gamble, I am very well aware. Some days, kindness flows with the generosity, some day the kindness flows without the generosity, some day the kindness doesn't exist and the overwhelming generosity will never make ammends. I understand that I do make mistakes and it will be reflected in my gratuity. However, I do not understand how I am not paid for giving above and beyond, just because someone likes to play God, and be above all of us dictating without a self-less thought. Restaurants will always be. Food will always be in need. To you poor tippers, we will still be here to serve you, but if you keep it up, the good servers will disappear, and what you get is the ones that will treat you how you have treated them: poorly. They will be as bitter as the world is beyond the front doors, from where you had wished to escape for the evening. Service is like a bottle of wine. The wine chosen, the cork popped, the evening begins. Then towards the end of the meal & merriment, the charge for such a relaxing evening with no dishes, arrives at the table. You cannot send back the bottle of wine, because you didn't really like it. Nor can you refuse to pay for the wonderfully prepared product or careful service, because "it wasn't all that." Because if the wine isn't spoiled its just a matter of taste. Tipping is the culture of the food service industry and whether or not you agree with that policy, it still stands. Gratuity can be included in the price of the food, as the first round of poker when everybody puts in the standard chip. It's expected. But we servers can do better than the standard, better than the expected, and here comes the gamble: by sitting in our station, you have agreed to that bet. We have gambled on you, because for some of us this IS our real job. And I do a DAMN good one!

    P.S. Even if a server is tipped 15% of the food and beverage sale, from their tips, 3-5% of the overall sales are turned over to bussers, bartenders, food runners, and team workers. So when you don't tip us, we still have to Tip them, they did their job, as we did ours. We can't all suffer because you, as a guest, were a selfish, arrogant bonehead. Oh! and try not to get hit by a bus on your way home! ;)

  • Waiter #3?

    Ok...time for my few cents. i have been waiting tables for 3 years, started at a pretty low end joint, and now i work at a upperscale seafood restaurant in a very large tourist environment. a couple things to think about for people who arent too familiar with how restaurants really work:

    1. when you talk about marking up the price of food (lambchops etc) you must realize how much food gets simply thrown out. customers complain, we toss the dish, and they dont have to pay. thats...10-20$ of ingrediants the restaurant just wasted. yea we make 5 bucks a dish, but if we toss 1/10 dishes cause someone complains about this or that, the money made isnt that amazing. same applies to alcohol.

    2. i do expect to get a tip from my tables. i provide a very high level of service, i do more than just get your your drinks and food, i entertain you and make the evening more fun. mention a few restaurant anecdotes, or explain something of the city to you. if you want to live in a world with no tips - then expect no service.

    3. my job would be DAMN easy if all i had to do was go "hi", take order, bring drinks, deliver order, bring check. but thats not how it works. i welcome you, i explain the specials and drinks, and i answer questions you have about the meal, i check back on you during the meal, get anything you need. (point 2 - keep things entertaining).

    4. waiting isnt such an easy job as you may think. most servers at upper class restaurants have to memorize a huge amount of information - the entire menu, ingrediants, drinks, garnishs, service ettiquete. we must remain calm under any fire, carry very awkward tray combinations, be on our feet for often 8+ hours, walking multiple miles. be able to ignore all the bullshit from our lives and pretend everything is perfect. if you think all of that is easy...well then you must be some kinda superman. shitty waiting is easy -- good waiting is hard!

    i welcome any comments.

  • Joe

    I can tell who has never worked in the service industry and who has. I always tip 15-20% unless the server is rude. If they mess up and aplogize or make it up to me in some other ways then I still tip them. If you don't want to tip then eat somewhere they don't have servers. We have to pay tax on our total sales to the government so if you stiff us we could actually have to pay out of our pocket. If the government didn't make me pay tax on my tips this whole argument wouldn't matter. I could care less if you tipped or not.

  • Michael

    I find the notion that a diner must ALWAYS tip a bit unfair. I almost always tip over 20%, but on very rare occasions, when service was truly offensively bad, have declined to tip. I know servers rely on tips to live, but tips are also payments for service, they are not welfare. And waitstaff, while generally hard working and competent, occasionally genuinely don't earn a tip. An example: out for brunch, order two omlets, waitress takes order, while we're waiting, we notice she's on the phone, arguing with her boyfriend, argument gets loud, everyone in the resturant can hear it, it goes on and on, omlets take nearly 1.5 hours to get (they wait until her fight with BF is over), come cold. True story. Rare, but true. I'm supposed to TIP for this "service." Sorry. Not me. (BTW, six months later, this resturant has closed.)

    I actually really enjoy these waiter websites, and don't doubt for a minute that crappy customers outnumber crappy waiters 1000:1, but don't pretend waiters are immune from criticism.

  • Ryan

    There seems to be a disconnect on this board about tipping for your average dinner, and tipping for a really terrible experience. If everything is crap, then of course you don't have to tip. But 15% is standard, and if you give your waiter 15% every single time, there is no problem. 20% may be better in some locales, just use common sense. You know what living costs are in your area. As for, "tipping is only for exceptional service," work in a damn restaurant for a week. Please. Find out how many tables per day can get exceptional service. And for all you who feel that waiting isn't a real job and feel entitled to an above average experience every minute of the day, I ask you, how do you manage to give 110% effort every hour of every day? I would really appreciate your input, and I'd like to imitate you. If you treat me with respect, I'll do everything in my power to make sure that you have a good time. But disregard me or, horrors, don't tip, and remember that the staff always gets the last laugh. Good managers know who their good waiters are, and if you stiff us and we stiff you back, guess who usually wins?

    As for changing the system, start a petition and I'll sign it. But you know you're all talk, you patronizing jackasses.

  • lainey

    I am SO glad I live in a country that does not consider tipping mandatory. Decent wages are already a part of the cost on the menu. Service charges are part of the meal. No possibility of under paying. I can only tip, to REWARD someone/place for excellent service. I can never withold a tip and have waiters in my face or bad customer service the next time, but I can certainly pay extra for above the board (price) service and food.

  • "Let's go out to eat tonight honey. Great! Where should we go? Oh, you remember that great WAITER we had at so and so's? That was a GREAT time, lets go there again." That's WHAT you tip for. I mean, hey if you know so much about wine and are such an epicurious fellow, why not make a statement and cook it yourself? Oh, and those great first dates where you want to "impress to undress" yeah, we help you there as well. Damn, I thought it was obvious.

  • letsbeREAL

    OK I don't get it. You don't want to tip because you think the owner should pay a "living wage" but a the same time you will eat at these establishments and patronize them (you do pay the bill) but you don't want to leave a tip!?... So basically you are supporting the very system you are against. That does not make sense to me. I think its a way to rationalize being cheap. If your really against the "system" you won't eat out where you have to tip.

  • davefromoz

    For those that disagree with 'Waiter' your living in a fantasy world. Yes he's being a little inflammatory at times but you are not being that much better.



    Lets look at the whole notion of 'your bosses should pay you a real wage!'. Ok, has anyone given one iota of thought to how much a momumental change to the restuarant business this would be? Do you have ANY idea?

    First off EVERY restuarant must change otherwise there will be those that decide to remain as 'tipping' establishments and will keep their food costs low. What does this lead too? Everyone will go there and a good percentage will leave bad tips, Im not saying you will personally but I don't trust people.

    Second, goodbye service! Sure good waiters will still give good service but there are now a large percentage who have had any motivation removed (ie tipping) to provide that service.

    Thirdly you now have payroll management, too many waiters on making 10 bucks an hour? Crap send half of em home, oh what we got busy an hour later and the restuarant is getting slammed? Too bad customer you didn't want to tip.

    The system is not going to change, get over it and stop trying to make excuses for your own cheap ways. Either that or go eat at Burger King.

    Oh and waiting isn't a real job? Fine, then I say again, go eat at Burger King.

    Here's a few clues:

    1. We don't believe we DESERVE tips. Only bad waiters do and they deserve all the crapiness they get.

    2. When I provide you with prompt, pleasant and courteous service then yes, I would like to be tipped accordingly, my wage depends on it. No you are not hurting my boss by tipping me badly, you are hurting me, the system is Not going to change, GET OVER IT.

    3. 15% is standard I believe if you received adequete to good service. Be my guest DON'T reward mediocrity, if you got shit service don't feel obliged to leave 15%-20%. I know when I've given crap service I fully expect to get a shit tip. On the other hand you could also reward excellence, there is nothing worse than absolutely busting your hump for a table, going above and beyond then getting left a 10% tip.

    And again if you don't believe in tipping then please be our guest and go eat at restuarant where the employees make a living wage. Would you like that meal biggie sized sir?

  • another waiter

    OK

    So I have read all the postings on this page and I wish to comment. As an individual that has worked both in the service industry as a waiter/bartender and as a desk jockey (2 years) I would like to say something. I have chosen to return to the restaurants because I find the job much more fun and much more personally rewarding because I get to interact with people on a daily basis. However this is a day job to pay my rent while I pursue a paying career in the theater and this brings us to the topic of tipping.

    Yes the system sucks however it is the system, do all you want to change it however in the meantime please don’t punish the middle man. I personally do prefer tipping when I dine out because it is the most substantial way to tell the person who has been "taking care of me" how they did. I also ask that if I as a waiter give you bad service don't tip me 15-20% leave 10% otherwise how do I know I'm doing a bad job and if you don't leave me a tip and I did well you are sending me a mixed message.

    Again I say the system may suck but if you do not leave a tip you are actually taking money out of my pocket. Every week my paycheck, if you can call it that, is $0 that’s because it starts off at $3.25 an hour and that all goes towards taxes. So the only money I make is what I’m tipped minus the money I am required by the restaurant to tip out to my support staff no matter how well they do their job. At the end of every night I am required to tip out those who help me from my sales not my tips so if my sales were $1,000 I tip out $10 to the bartender (1%) $20 to the bussers (2%) and $20 to my runners (2%) This does not mean that I don't bus tables or run food it just means these people are supposed to help me do these things. So I have tipped out 5% on my sales therefore if I only made 15% (because at least one table a night of foreigners leaves nothing so it screws up my percentage) I walk with 10% or $100 not great but not bad. However when I get stiffed it takes away from good tips on other tables. Just a note I don't get stiffed because of bad service I have had tables praise me and tell how wonderful I was and leave $3 on $97, that made me mad.

    A lot of people in the service industry are bitter and resentful that they wait on people hand and foot (I have days I just want to strangle people too) but if I treat you with respect and do all I can for you please show your appreciation. If you get rude or bad service don’t tip but if it was a problem with the restaurant talk to a manager make a complaint, tipping is your comment card to the server not the restaurant.

    thks

  • AlwaysDrifting

    I couldn't agree more with Claudio, Waiter's points just don't hold up.

    Tipping in the US has become so ingrained in the service industry that many times you are expected to brainlessly leave a 20% tip. Why, because the fucking system says so, on any service no matter how good or bad your experience was. A sense of entitlement has taken over when it comes to tips and a waiter could fuck your order up, be obnoxious, unattentaive and still expect a big tip. In NYC bars, you order a $4 draught beer that takes 10 seconds to serve, and if you don't give a dollar tip, good luck getting another one when it gets busy. The whole deal is ridiculous. However, this does not extend to the minimum wage service jobs, like fast food or maid service. Because tipping is programmed into the American mind, few can think outside the box. Few see how gradually, salariers are lowered because one earns lots in tips. In under developed countries like South East Asia, Americans are ruining things by throwing their dollars around. First, customers tip regularly, then people expect it. If it continues, their employers will notice and reduce their salary, as after all they make good tips. The time will then come where employers pay them no salary at all! Like in the good old US of A.

    A restaurant is there to serve the customer. The price of food should include the use of the restaurant and services! A tip should be given for very good service or out of the way service. But calculating 15% every time just because you "have to" do is fucking insane.

  • We thought our input might be warranted on these issues. SnapFood provides online ordering from local restaurants in Manhattan. Customers pay on the website and are given the option of tipping. Our customers range from residential to commercial (businesses), so my statistics are across both.

    Actual Stats: About 68% of customers pay a tip online, rather than waiting to tip in cash at the door. Of those who tip online, the average tip is 17.28%.

    Recently, we were interviewed by NY Press and were asked what the "right tip" should be. Working with so many restaurants and having seen so many orders, we have some good advice on the subject.

    The number one factor to a delivery person is time. The more time spent on you, the less probability of them receiving more tips. Therefore, your concern should be how much time of theirs do you usurp. Think of (a) how much time will it take to travel from the restaurant to your location, this will include factors such as street direction and weather; (b) how complicated is your location, i.e. will the delivery person have to wait at a security desk, will he have to wait for you to buzz him, is your elevator slow, are there stairs, etc.; and, (c) in many restaurants a large order (which is relative per restaurant) must be specially packed and the result is that a delivery person may be held up at the restaurant helping prep your order.

    One last thing to consider when tipping upon arrival is whether you are ordering at peak time. If you place an order at 1pm on a weekday, your order will take longer to arrive than at 3:30pm. If you place an order at 7:30pm on any day, your order will take longer to arrive than other times. Most restaurant struggle to manage the high turnover rate of delivery staff. The net result is that if they are short staffed it impacts delivery times and this is especially difficult during peak times.

    Finally, generally we recommend giving the delivery person the benefit of the doubt. Your desire to get the food quickly is directly aligned with their financial interests. They don't tend to dawdle.

    Hope that was helpful!

    - SnapFood.com

    SnapFood helps you find great restaurants, view and print menus, and order food for delivery or pickup!

  • Glad you have the free time for masturbating Ckaudio.

  • Claudio

    What do I do? Something that allows me to go away on weekends. You know, as opposed to waiting tables and posting to blogs.

  • Waiter

    Claudio?

  • Waiter

    What do you do Claudio?

  • Claudio

    Once again, you've shown yourself incapable of serious discussion or, for that matter, answering logical points with anything remotely resembling the same.

    But what more would one expect from a career waiter?

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