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Changes to Who Gets the Tip with New Law (It's not the server)

Posted on 7/8/25 at 8:22 pm
Posted by Stadium Rat
Metairie
Member since Jul 2004
10079 posts
Posted on 7/8/25 at 8:22 pm
I saw this posted elsewhere

With the passage of the 7/4/25 bill, Louisiana law now treats mandatory gratuity (like the 20% auto-added for parties of 6 or more) as business revenue. The restaurant is not required to give any of it to the server. It can legally be used for credit card fees, payroll taxes, admin costs, or overhead.

Is this true? What will you do?
This post was edited on 7/8/25 at 9:28 pm
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
23456 posts
Posted on 7/8/25 at 8:48 pm to
If it's true and employers abuse it, they will soon have staffing issues.
Posted by lsufan1971
Zachary
Member since Nov 2003
23651 posts
Posted on 7/8/25 at 9:26 pm to
The BBB didn’t change the law regarding tips in LA. It only applies to mandatory gratuity. It applies to a “service fee” under LA law. Which means the restaurant must label it a service fee and not a tip for this to apply. It’s meant for large parties not your tip you leave if you and your wife dine out.

It’s been this way in LA for years and has nothing to do with the BBB.
This post was edited on 7/8/25 at 9:29 pm
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
36444 posts
Posted on 7/8/25 at 9:48 pm to
What does federal tax law have to do with Louisiana tax law?
Posted by Stadium Rat
Metairie
Member since Jul 2004
10079 posts
Posted on 7/8/25 at 9:58 pm to
quote:

What does federal tax law have to do with Louisiana tax law?
It's not clear, but maybe the state has to have enabling legislation in place the way some states did with abortion restrictions. As soon as the federal legislation passes, the state law kicks in.
Posted by t00f
Not where you think I am
Member since Jul 2016
101248 posts
Posted on 7/8/25 at 11:01 pm to
quote:


Is this true? What will you do?



will not eat there.
Posted by chryso
Baton Rouge
Member since Jul 2008
13514 posts
Posted on 7/9/25 at 9:36 am to
If I am paying a forced gratuity that is the end of my responsibility for tipping.
Posted by baldona
Florida
Member since Feb 2016
23312 posts
Posted on 7/10/25 at 9:35 am to
As a former server (waiter), those "mandatory" gratuities are not truly mandatory in that the waiter or manager can usually choose to add or remove it. I worked at many places we had to have a manager add it. Other places you could request the manager remove it.

I haven't used a point of service in awhile, but I'm sure they are basically the same.

My point here is that waiters could simply ask the manager to remove the mandatory tip if this was a major issue.

But I'll say, taking out a percentage of the tip for CC fees was company policy at multiple places I have worked in the past many years ago. So that's by no means anything new.
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