Is it Legal to Automatically Charge Gratuity in Louisiana?

There is One Restaurant in Shreveport That Quickly Lost My Business.

This restaurant has decided that they will pick and choose who they charge 18% gratuity to.

I am all about people paying for an experience. One of my toxic traits is that I refuse to save money like I should because I stay dining out and traveling. I believe that a basic tip of 20% is the least you can do when you are being waited on. I was a server for several years and there is no worse feeling than busting your butt just to get stiffed by a table. I understand that if there are tables of 8 or more a restaurant will add a gratuity charge which I am more than happy to pay. However, there is one eatery in town that I refuse to dine in because of their tipping policy.

There is no need for me to name the restaurant, chances are you may have dined at a restaurant that shocked you when they added an 18% gratuity to your check for a party of 2. I know I was thrown for a loop when I saw our tab. "Is this even legal?" I know that several people are asking the same questions.

A Restaurant Can Automatically Charge Gratuity to Anyone if They Follow One of These Three Things.

The restaurant must put it on a sign visible to everyone, the gratuity must be acknowledged on the menu or the server can verbally announce it for the gratuity to be legal. This is all according to UpMenu.com. However, it is worth noting that the establishment cannot use automatic gratuities to reduce the minimum wage required to pay their employees.

What happens if you get horrid service? Customers are not legally required to pay automatic gratuities if they aren't satisfied with the service they received. You must pay for your meal and can have charges filed against you if you refuse to pay the tab, however legally you do not have to pay the gratuity. Keep in mind you may be banned from the restaurant for life.

According to NOLO.com, "Because Louisiana doesn't have its own tip and wage laws, Louisiana employers must follow the federal tip credit rules." So, in short, a Louisiana employer can pay as little as $2.13 an hour, as long as the employee earns enough in tips to add up to the federal minimum wage of $7.25 an hour.