A Comparative Study of the U.S. and Foreign Tipping Culture and How Collective Bargaining Can Eliminate Mandatory Tipping in the U.S.

Authors

• Matthew Zelman, Benjamin N. Cardozo School of Law

Abstract

Tipping culture in the United States has gotten out of hand, but its roots go very deep. Tipping has been a part of the culture in the United States since the early 1800s, when tips were given to pirates and porters. Today, the share of workers who rely on tips as part of their wages is extraordinary, with sixty percent of service workers stating that they rely on tips for over 30 percent of their income. Many restaurants incorporate mandatory tips on customers’ bills, which has changed tipping from being voluntary.

This Note will propose that “tipped employees” across different businesses form collective bargaining agreements to resolve pay discrepancies. Utilizing collective bargaining agreements will lead to employees getting paid a living wage. This may dissolve the need for required tipping and make tipping discretionary for exceptional service, just like in Europe and other parts of the world.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | Labor and Employment Law | Law

Recommended Citation

Matthew Zelman, A Comparative Study of the U.S. and Foreign Tipping Culture and How Collective Bargaining Can Eliminate Mandatory Tipping in the U.S., 27 Cardozo J. Conflict Resol. 355 (2025).
Available at: https://larc.cardozo.yu.edu/cjcr/vol27/iss2/7