Yes, you're correct there is no national regulated standard, but many places put they on the menu that parties of XYZ size will automatically have a 20 percent gratuity fee atteched to the bill.I found this explanation on the US department of labor website:
"The Fair Labor Standards Act (FLSA) requires payment of at least the Federal minimum wage to covered, nonexempt employees. An employer of a tipped employee is only required to pay $2.13 an hour in direct wages if that amount plus the tips received equals at least the Federal minimum wage, the employee retains all tips and the employee customarily and regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the Federal minimum hourly wage, the employer must make up the difference.
Some states have minimum wage laws specific to tipped employees. When an employee is subject to both the Federal and state wage laws, the employee is entitled to the provisions which provides the greater benefits."
There is also this very complex breakdown state by state here:
Neither webpage however specifies the minimum and maximum (what percentage) the establishment can charge for service/tips.
From what I understand there is no minimum required service charge/tipping percentage according to US LAW, so basically it's a bit of a wild west situation in the USA in which restaurants can ask for whatever percentage they want, and customers can also decide whatever percentage to pay or not pay.
It's a situation that really requires clearer and more precise legislation to prevent ongoing confusion, and financial abuse of both customers and employees.
People who don't tip at all will just force restaurants to either do that or to subsidize the wages of their employees through price increases. Fucking economics huh? Crazy how that works....
I tend to not like minimum wage laws for tips, or percentages. A good waiter can get 25 or 30 percent tips by doing an excellent job. A crappy waiter might get 10 or 15 percent or less if they do poorly.
You're also not supposed to tip on the tax.
So if the total cost of the meal pre tax is $50.00 and $55.00 post tax and you wanted to tip 15 % you'd tip $7.50. not $8.25. Most people don't know the correct process here.
I've literally been stuffed by a drunk Brit before who ate full meal, paid, and left me a zero dollar tip which had nothing to do with my service, rather their drunkenness and spilling 2 drinks at the table. I chased them down to the parking lot and this conty Brit said that it was the Houses job to pay me. Her husband was an American but she wore the pants.
I told her that in America we tip the waiter, and if you were unhappy with the meal I would have been happy to allow management to discuss a way to make it better or comp something... But not tipping me was unacceptable as I did everything she asked.
The dude gave me a tip after I shamed them and they was the end of it.
That's not how this works in America and people who think that way need to not go out.
Not directed at you, but I'm legit disgusted that there are some here who think it's ok not to tip a waiter or waitress... Unless they were purposefully rude or treated someone like crap or the place was legit garbage... That speaks to the character of the person more than anything.