Legal Question in Entertainment Law in Florida
Gratuity calcutations
Is is legal, or even common, to figure
a gratuity on a restaurant bill after
the taxes are added to the total bill?
The restaurant where a group of 10
ate were charged a 20% gratuity and
it was figured on our total bill, after
the taxes were added.
1 Answer from Attorneys
Re: Gratuity calcutations
There is no law on it either way. I think it's common. My wife showed me a Miss Manners or an Emily Post or something online which says it's bad form to base tip on taxed total.
The real issue in the law right now is whether the owner can charge the credit card charge back to the waiter, which is very common. The issue is undecided. That may be why the tip was based on the total taxable amount: to give the waiter a little extra to pay the credit card charge.
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