Are tips required?
America is a country with a tradition of giving tips to waiters, taxi drivers, food delivery people, and so on. In most Americans' minds, whoever helps them in life deserves appreciation. Lately, there was a case between a customer and Chowbus, an Asian food delivery platform that largely acrosses the US, arguing whether Chowbus has the right to require every customer to pay a minimum of $2 tips to the driver when customers order the food.
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I was a customer from Chicago and I have been using Chowbus for nearly two years. I instantly realized that every customer must pay a minimum of $2 tips to the driver when I order the food at the end of November 2021. I proposed the idea of requiring customers to pay a certain amount of tips is neither legal nor rational.
First and foremost, Chowbus has violated not fulfilling the obligation to inform customers besides the legal issue. There were no statements or information about the change of tips system showing up when I launched the app. As long as the company has to introduce any changes that may affect customers’ rights, letting customers notice remains the company's key priority.
Moreover, there is no federal or state law that requires customers to refer a minimum tip to drivers in the U.S. If Chowbus mandated their customer to give a minimum tip to drivers, which the company has already decided, the statement would be illegal.
Furthermore, In the discussion between me and Chowbus customer service, I was informed by Chowbus that they mandated the tips "due to the recent increase in fuel prices and related costs, the deliver in n the relevant areas now requires a minimum fee of 2%, and the driver will receive 100% of your offer." From the response, I believe the core reason for the tip change is the increase in fuel prices. However, based on my research, the increase in fuel prices can neither be implemented as a reason nor considered the basis. According to “Weekly, Chicago, IL, regularly reformulated retail gasoline prices”, the data showed that Chicago had an average of $3.38 per gallon in September, an average of $3.50 per gallon in October, an average of $3.56 per gallon in November, and $3.48 per gallon in the first week of December. I could not deny there would be a potential of an increasing trend of prices of gasoline from September to November, in fact, there would be also a potential to decrease the trend of prices of gasoline as well based on the evidence of only $3.48 per gallon in the first week of December. If the company changed the tips system in November, I would perceive the change as a wise decision and highly encourage the action. But December wasn’t the proper timing. Based on the evidence I discussed previously, it wasn’t applicable to manipulate an increased price of gasoline as the cause of changing the tips system.
Last but not least, I understand the importance of gratitude to the drivers and I am a person who consistently pays at least 10% tip to the driver as long as I order the food. Whether to pay the tips or not, customers have their choices and considerations, but Chowbus still shall not require a minimum fee of $2 from customers. Even if the increased prices of gasoline are the major issue, there are many alternative solutions to permit customers to pay some fees; an automatic gratuity fee is an option and it is also legal in the US.
*As the case was between me and the Chowbus, I used the pronoun "I" in the previous paragraphs.
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