News & Analysis as of

Service Charges Restaurant Industry

Fisher Phillips

How Will the Election and Recent Legislative Trends Impact Tipped Wages? 4 Developments for Hospitality Employers to Watch

Fisher Phillips on

There’s been a lot of buzz about tipped wages as Election Day approaches – and hospitality employers will want to track key proposals that may have a huge impact on pay practices. Former President Trump and Vice President...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Beginning of the End of Service Charges? An Examination of California’s SB 478

Starting July 1, 2024, California will make it unlawful for businesses to add any automatic service charges onto consumer bills. Service charges are mandatory fees tacked onto bills (often for the provision of services in the...more

Stokes Wagner

The Legal Menu: California Attorney General Issues FAQs on Junk Fee Ban

Stokes Wagner on

Wednesday saw the release of CA Attorney General Bob Bonta’s long-awaited FAQs on the California “junk fee” ban, now rebranded as the “Honest Pricing Law” or “Hidden Fees Statute.” The FAQs largely reiterate the very...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Confirms That Service Charges Are Not FLSA Tips

The tip wars between hospitality employers and employees continue unabated. Numerous lawsuits contend that restaurants and other employers wrongfully retain or require sharing of customer gratuities, as well as violate Fair...more

Fox Rothschild LLP

Service Charge vs. Gratuity and Why It Matters Revisited

Fox Rothschild LLP on

Back in 2019, I posted about the difference between a Service Charge, an Automatic Gratuity, and a Gratuity/Tip. I explained that a service charge is typically a set amount added to a guest check in lieu of a tip. An...more

Parker Poe Adams & Bernstein LLP

Should Restaurants Treat Service Charges the Same as Tips?

Some restaurants in Atlanta, Charlotte, and other cities have begun adding a service charge to diners’ bills. The trend has grown enough in the District of Columbia, for example, that its attorney general recently warned...more

Fisher Phillips

Jump In! Kentucky Tip Pools Just Got a Little Warmer for Restaurant Employers

Fisher Phillips on

For years, Kentucky has been one of the few outlier states that further complicated tip pooling by requiring all tip pools to be voluntary. While federal regulations have flipped and flopped with the tide of the changing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Restaurant's Mandatory Service Charge Wasn't a Tip

In the current battle to hire and retain good workers, employers have developed creative ways to balance employees’ increased compensation expectations against the costs of running a business. In addition, restaurants using...more

McGlinchey Stafford

Does CAFA permit appellate review of sua sponte remand orders? - Commercial Law Bulletin, April 5 2022

McGlinchey Stafford on

Ohio- Substantially compliant acknowledgment clause WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952- In this appeal, the Tenth Appellate District affirmed the trial court’s decision, agreeing that...more

Littler

Salt Bae’s Sprinkle of First Impression: Eleventh Circuit Holds Mandatory Service Charges Are Not “Tips” and May Be Used to...

Littler on

On March 18, 2022, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s decision that an 18% service fee charged at the upscale Miami steakhouse of celebrity chef Nusret Gökçe was not a “tip” and was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit: Service Charges Are Wages, Not Tips, Under FLSA

On March 18, 2022, the Eleventh Circuit Court of Appeals ruled in Compere v. Nusret Miami, LLC, a collective action under the Fair Labor Standards Act (FLSA), that Nusr-et Steakhouse properly used automatically charged fees...more

Jackson Lewis P.C.

Restaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds

Jackson Lewis P.C. on

A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...more

Ervin Cohen & Jessup LLP

West Hollywood Establishes Highest Minimum Wage In The Nation 

At a city council meeting which began on November 3, 2021, and ended on November 4, 2021, the West Hollywood City Council voted to increase the minimum wage for hourly workers in West Hollywood. In response to significant...more

Jackson Lewis P.C.

Mandatory Gratuities Are Not “Tips” But May Qualify As Commissions Under The FLSA, Fourth Circuit Holds

Jackson Lewis P.C. on

Agreeing with the district court, the Court of Appeals for the Fourth Circuit has concluded that the mandatory service charges imposed by a restaurant on dining parties of six or more were not “tips” under the FLSA. However,...more

Littler

Littler Global Guide - Philippines - Q4 2019

Littler on

DOLE Issues Guidelines and Procedures for Work-Related Permits and Visas - New Order or Decree - On October 17, 2019, the Department of Labor and Employment (DOLE) published an order providing guidelines on the issuance...more

Fox Rothschild LLP

Service Charges vs. Gratuities And Why It Matters

Fox Rothschild LLP on

Attention hospitality employers. Is that charge you add to a guest check a service charge (typically a set amount added to a guest check in lieu of a tip)? Or an automatic gratuity (such as a set amount for a party of 8 or...more

Fox Rothschild LLP

Employer Risks That Arise From A Mandatory Service Charge

Fox Rothschild LLP on

A service charge can provide a welcome boost to a business’ bottom line, but employers must manage and mitigate the risk of lawsuits, disgorgement and damages. Recent developments across the nation serve as a reminder that...more

Foster Garvey PC

Tom Douglas Settlement Highlights a $2.4 Million Technicality: Three Steps to Help Avoid Potential Costly Litigation Related to...

Foster Garvey PC on

A recent settlement between Seattle chef Tom Douglas and his restaurant employees highlights the potentially costly technical requirements of Washington’s automatic service charge laws for hospitality businesses. ...more

Littler

Littler Global Guide - Philippines - Q3 2019

Littler on

Beginning September 3, 2019, 100% of the service charges collected by hotels, restaurants and similar establishments shall now be distributed equally among all covered workers, excluding managerial employees, pursuant to...more

Bowditch & Dewey

Getting “Tip”-sy: What Brewers Need To Know About Tip-Pooling Arrangements

Bowditch & Dewey on

Over the summer, news broke that Surly Brewing Co. was found liable by a Minnesota court for violations of the state’s tip-pooling law. The brewery, which operates a large beer hall in Minneapolis, was accused by a former...more

Ervin Cohen & Jessup LLP

Tips, Service Charges & Automatic Gratuities and Why You Should Care

Most employers are familiar with the basics. A tip is a voluntary amount of money a guest leaves for an employee over the amount due for the goods sold or services rendered. ...more

Foster Garvey PC

Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

Foster Garvey PC on

Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and...more

Stinson LLP

The Danger of Service Charges in Country Club Operations

Stinson LLP on

Country clubs and other private clubs have traditionally utilized service charges on food and beverage sales to supplement their revenue. In most cases, this supplemental revenue is used to pay higher wages to all employees...more

Foster Garvey PC

Are You Adopting a Service Charge Model to Help Raise Wages?

Foster Garvey PC on

As lawmakers continue to increase the minimum wage in states and cities across the country, many hoteliers and restaurateurs are implementing service charges and tip pools in order to meet rising costs and help workers earn...more

Epstein Becker & Green

Take 5 Newsletter: Wage and Hour Update - October 9, 2013

Epstein Becker & Green on

- IRS Will Begin Taxing a Restaurant's Automatic Gratuities as Service Charges Many restaurants include automatic gratuities on the checks of guests with large parties to ensure that servers get fair tips. This method...more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide