By The Star Staff
Rep. José Aponte Hernández has asked acting Consumer Affairs (DACO by its acronym in Spanish) Secretary Francisco González to expeditiously begin a series of orientation talks for restaurant owners in Puerto Rico on how to request a gratuity or tip when charging customers.
“The urgency of this matter cannot be overstated,” the veteran lawmaker said. “Recently, we have seen a surge in citizens expressing their dissatisfaction on social networks about the tipping practices of some restaurant owners. These owners are imposing high tips of 18, 20, and even 25 percent without offering the consumer the option of a 15 percent tip or no tip, as per regulations. This is a clear violation of the current rules, and DACO must step in.”
“We urge the acting secretary of the DACO to swiftly implement an orientation program for restaurant owners,” Aponte Hernández added. “This program should comprehensively explain Rule 7 of the DACO’s Commercial Practices Regulation Number 9158, which clearly states that tipping is optional and that the consumer must be given that choice. These educational talks are crucial, as the actions of some owners are putting both the waiter and the consumer in a difficult position. This is a situation that should not exist.”
The at-large New Progressive Party legislator said DACO learns about the aforementioned practices mainly through complaints. Still, the reality is that many consumers do not take the matter to the agency because they think it will take a long time for anything to be done about it.
“There are other ways to alert the department: through messages on the agency’s social media platforms, Daco a tu Favor, both on Facebook, Instagram and ‘X’,” the former House speaker said. “That said, DACO already knows this problem exists, so being proactive benefits everyone.”
DACO, meanwhile, said “tipping is not mandatory.”
“Businesses cannot force any consumer to tip or assign them what amount to leave,” the agency said in a statement.
DACO said it has noticed that there are increasingly many electronic machines in businesses that already include tipping options of 15%, 18%, 20%, or 25%. Some of them allow the client to choose how much they want to leave, but some do not.
It is important to emphasize, the agency noted, that there are restaurant employees who earn less than the minimum wage under the expectation that the tips they receive for their work reach or exceed the minimum wage threshold, which is currently $9.50 per hour.
The acting secretary warns, however, that if the business requires tipping, the customer can file a complaint as established by Rule 7 of the Trade Practices Regulations, which prohibits the imposition of tips on customers. If found to be in violation, the business could receive up to $10,000 in fines and would have to return the tip.
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