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Originally Posted by hot_pastrami
Well, the question of it's enforcability hasn't really been tested in court, so your presupposition may or may not pan out. ... If a customer is required to pay gratuity, it should really be called a "service charge," or something equally indicative of it's mandatory status.
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True. It would depend on how it is phrased on the menu. If the word "mandatory" is mentioned, bad for the customer; if the phrase "for your convenience" is mentioned, bad for the restaurant. If both, bad for the menu author.