Reply to Chastised for not tipping on a to go order

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I would email the restaurant and let them know.  [b]There is no need to tip on carry out[/b].[/quote]

+1[/quote]

Cheap a$$ho!es that don't tip a measly $5 for takeout orders. Maybe you can't afford to eat out and need to eat at home. [/quote]

Do you tip at McDonalds, Starbucks, Panera Bread, Burger King, Corner Bakery and other take out locations?[/quote]

Yes,  without hesitation.[/quote]

McDonald’s employees aren’t allowed to accept tips.[/quote]

This is not true. It's actually illegal for an employer to prevent a worker from receiving a tip offered by a customer, though the employer can create a tip pool to ensure that tips are shared over the course of a shift. But I've tipped people at McDonalds drive through many times and, yes, they accept them and the restaurant cannot take them away. Once I was going through a drive through on a holiday and gave a really big tip because I wanted to thank them for being open and working on a day when really no one should have to, and the big grin I got from the women at the window was so genuine.

I worked in fast food in high school and used to sometimes get tipped at the drive through window and I never forgot how good it made me feel. Tipping people who work at places like McDonalds is extra rewarding to me because those jobs don't come with much social status and I want those folks to know that I see them and appreciate them. [/quote]

Source?[/quote]

https://www.dol.gov/agencies/whd/flsa/tips

"1. The Department published a final rule, “Tip Regulations Under the Fair Labor Standards Act (FLSA)” (2020 Tip final rule), on December 30, 2020, (See 85 FR 86756). The parts of this rule which became effective on April 30, 2021 provide:

-[b]an employer cannot keep employees’ tips under any circumstances; managers and supervisors also may not keep tips received by employees, including through tip pools[/b];
-an employer that pays the full minimum wage and takes no tip credit may allow employees who are not tipped employees (for example, cooks and dishwashers) to participate in the tip pool;
-an employer that collects tips to facilitate a mandatory tip pool generally must fully redistribute the tips within the pay period; and,
-employers that do not take a tip credit, but collect employees’ tips to operate a mandatory tip pool, must maintain and preserve payroll or other records containing information on each employee who receive tips and the weekly or monthly amount reported by the employee, to the employer, of tips received."

(emphasis added)

An employer might discourage tipping but they can't prevent a customer from giving a tip (what are they going to do, intercept it?) and once the tip is offered, the employer cannot confiscate it. Even in a restaurant that says "no tipping", the employer can't legally prevent an employee from accepting a tip. They can prevent employees from soliciting tips (including via a tip jar) but it is the customer's discretion whether to offer one.

Companies like McDonalds actually don't have much incentive to aggressively discourage tipping, as its' not a common part of their culture and it's as likely to piss of customers as employees. But more importantly, trying to prevent tips from changing hands enters a murky legal area where a large corporation like McDonalds could open inself up to liability or DOL censure, and they have lots of lawyers on hand to help them avoid that kind of liability.[/quote]

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