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New York City diners push for a fairer system as discussions heat up over the elimination of the existing tip credit. (Stefano Giovannini)


January 31, 2024

New York City diners are facing a growing trend of increased gratuity charges, prompting discussions about the fairness of the existing "tip credit" system. This system allows restaurants to pay their wait staff less than the minimum wage, with the understanding that tips will compensate for the shortfall. However, many individuals dining along Manhattan’s Restaurant Row are expressing support for a proposed change to eliminate the tip credit, arguing that it's time for restaurant owners to contribute their fair share.

A recent survey reveals a significant divide between restaurant workers and owners on this issue. While those working in the industry largely endorse the plan, restaurant owners are overwhelmingly against it, dismissing it as an attempt by owners to cut costs. Bartender Tiffany Rosario believes the change would bring about fairness for workers, asserting that owners are resistant because they are reluctant to bear the additional financial burden.

Currently, New York City restaurant employers can pay a base wage of $10.65 per hour to wait staff, provided their total earnings (including tips) equal or exceed the minimum wage of $16. This $5-and-change difference is the "tip credit," and establishments must cover the gap if it falls short of the state-set minimum. However, Assemblywoman Jessica Gonzalez-Rojas and Senator Robert Jackson are advocating for a new law that would eliminate the tip credit, potentially altering the reliance on tips and redefining what constitutes a reasonable tip percentage.

A recent survey conducted by the NYC Hospitality Alliance indicates that 97% of the city’s restaurants are concerned about replacing the tip credit with a flat $16-per-hour wage. While servers often exceed the minimum wage with tips, there is a desire for stability, especially during slower months when tips may not be sufficient.

Critics argue that the constant barrage of tip requests on payment screens has led to consumer frustration, with some suggesting that workers should be paid the full minimum wage without relying on tips. Advocates for a flat wage believe it would address disparities between earnings during slower day shifts and busier night shifts.

Restaurant owners, however, anticipate significant costs associated with eliminating the tip credit. The report estimates an additional $12,000 per year to employ a full-time tipped employee, leading many owners to consider raising menu prices, reducing staff, or even closing down.

Despite these concerns, some diners dismiss these potential consequences as a ploy to maintain a low-wage workforce. Eric Rivera, a construction worker, sees paying the minimum wage as a way to level the playing field and ensure fairness for workers. Meanwhile, visitors like Rachel Kopp from Switzerland suggest that a living wage could eliminate the need for obligatory tipping, allowing patrons to reward exceptional service at their discretion.

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