Legal Question in Legal Ethics in California

Re: service charge in restaurants

As Mr. Cohen points out, you owe this as long as it is visibly written and posted, either on a sign, or on your menu.

In Europe, no one tips, in American everyone tips, or at least it is expected of everyone.

Why are you so stingy, as to question underpaid waiters/waitresses from making a living? They are generally paid minimum wage, in anticipation of tips, and service charges are added because some people refuse to tip (and usually in the better restaurants only).

Re: service charge in restaurants

By "service charge," do you mean "tip"? Usually, a restaurant will impose a "service charge" for large parties to ensure that the server is adequately compensated. Such requirement must be posted or written in a visible place. If there is no warning of such service charge, then there is no requirement, although it is a common courtesy to tip a food server who usually depends on tips for a living as restaurant base salaries could be quite low.