I want to know if there is any law regarding if it’s illegal not to tip?

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I want to know if there is any law regarding if it’s illegal not to tip?

And do I have to pay a mandatory gratuity tip even the service is bad?

Asked on March 29, 2014 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, it is not illegal to not tip--tipping is voluntary, except as  set forth below.

The only time a tip is mandatory is if the restaurant's menu or other prominent material (such as a notice on the table; or a prominent notice on the window; etc.) states clearly that in certain cases, a gratuity or service charge is added--this is fairly commonly done for large parties (e.g. 6 or more diners). If notice is provided prior to you ordering your meal that you would owe a service charge or gratuity in certain circumcumstances and you go ahead and order, you'd have to pay the gratuity. However, without prior notice, you would not be obligated to pay.


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