These days, restaurant bills are more confusing than ever. Even as an employment attorney in the hospitality industry, I often find myself scratching my head at the various additional service charges, automatic gratuity charges, surcharges, and other similar “extra fees” that are seemingly increasingly daily as a result of higher food and labor costs and shrinking profit margins experienced by restaurants since the pandemic.
While these charges can be confusing for patrons, complying with the law surrounding service charges and gratuities can be even trickier for restaurants and hotels. Indeed, hospitality employers nationwide have been hit for years with class action lawsuits alleging failure to properly pay/distribute tips, as well as failure to correctly characterize service charges and automatic gratuities. Thus, although this post will eventually delve into the question of whether service charges can be distributed to independent contractors, it is first necessary to provide a brief primer on the difference between tips/gratuities, service charges, and automatic gratuities. Continue reading
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