Denver Restaurant Service Charge Lawsuit: What You Need To Know

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5 Must-Do's In Denver | HuffPost Life

Denver Restaurant Service Charge Lawsuit: What You Need To Know

5 Must-Do's In Denver | HuffPost Life

So, you’re hearing a lot about the Denver restaurant service charge lawsuit. Maybe you’ve been to a restaurant lately and noticed a new line item on your bill, or maybe you’re a local wondering how this legal issue could affect your favorite spots. Either way, this topic is hitting close to home for Denver residents, workers, and visitors alike.

Restaurants in Denver and across the country have been adding service charges for years, sometimes calling it a “gratuity” or “service fee.” But lately, a legal battle has erupted over whether those charges are legal under Colorado law—and more importantly, who actually benefits from them.

It’s not just a technicality or a small dispute. This lawsuit could change how restaurants operate, how servers get paid, and how customers understand their bills. Let’s dive into what’s going on, what it means for you, and what might come next.

Table of Contents

What Is the Denver Restaurant Service Charge Lawsuit?

So, what’s actually going on with the Denver restaurant service charge lawsuit? Well, it’s a legal challenge that started with a claim that some restaurants in Denver are adding service charges to bills without properly disclosing how the money is used.

Here’s the thing: in Colorado, there are laws around tipping and service charges. If a restaurant adds a service fee, it’s supposed to go to the employees, particularly those who serve customers. But some diners and legal advocates argue that the money isn’t always going where it should.

This lawsuit is basically asking: when a restaurant adds a service charge, are they following the rules? And if not, what happens next? Some restaurants have already been named in the case, and the outcome could set a precedent for how service charges are handled across the state.

Why Are Restaurants Adding Service Charges?

Restaurants in Denver, like those in many other cities, are dealing with rising costs—rent, wages, food prices, you name it. Adding a service charge is a way to cover some of those expenses without raising menu prices directly.

Some places say the service charge helps them offer better wages and benefits to their staff. Others might use it to fund operational costs or simply keep the business afloat. But here’s the catch: not all customers realize that a service charge isn’t the same as a tip.

A tip is usually optional and goes directly to the server. A service charge, on the other hand, is often mandatory and can be split among staff or even kept by the restaurant, depending on how it’s labeled. That’s where the legal gray area starts to show up.

How Does This Affect Customers?

Let’s say you go out to dinner in downtown Denver and notice a 20% “service charge” added to your bill. You might think you’re doing your part to support the staff, but what if that money doesn’t actually go to your server?

That’s the concern many customers are raising. If the service charge is being used by the restaurant for general expenses rather than going to the people who served you, it feels a little like a bait-and-switch.

Some customers feel misled because they were expecting their money to go toward tipping, not to help the business cover its overhead. Others just want more transparency. And in a city where tipping culture is pretty standard, adding a hidden or unclear service fee can rub people the wrong way.

The core of the Denver restaurant service charge lawsuit hinges on whether these charges violate Colorado’s wage laws, especially those related to gratuities. The state law says that any mandatory charge labeled as a tip or gratuity must go to the employees.

But here’s where things get tricky: if a restaurant calls it a “service charge” instead of a tip, they might argue that it’s not a gratuity. That means they can do what they want with the money. But critics say that’s just a way to get around the law.

One of the big questions in this case is whether customers can be misled by how the charge is labeled. If a reasonable person thinks they’re tipping their server when they’re not, that could be a problem for the restaurant.

So far, the legal battle is still unfolding. But if the courts side with the plaintiffs, it could mean big changes for how restaurants handle service charges—and maybe even refunds for customers who paid them.

FAQ Section

What’s the difference between a service charge and a tip?

A service charge is usually added automatically to your bill, and the restaurant gets to decide what to do with it. A tip, on the other hand, is optional and usually goes straight to the server.

Can restaurants keep service charges instead of giving them to staff?

It depends. If the charge is labeled as a tip or gratuity, then the money has to go to employees. But if it’s called a service fee or something else, the restaurant might be able to keep it. That’s what’s being debated in this lawsuit.

How can I know if a service charge goes to the staff?

Look for clear explanations on the menu or the receipt. Some restaurants will say exactly where the money goes. If you’re not sure, you can always ask your server or manager.

What Could Happen Next?

Right now, the Denver restaurant service charge lawsuit is still in the early stages. But if it goes to trial, we could see some pretty big changes in how service charges are handled in Colorado.

One possibility is that restaurants will be required to be more transparent about where the money goes. That might mean clearer labels on receipts or even limits on how much they can charge.

Another possible outcome is that service charges could be phased out altogether, or replaced with a different model that’s more in line with state law. Either way, this case is definitely something to keep an eye on.

If you’re a regular at Denver restaurants, or if you work in the service industry, this could impact you directly. And even if you’re just visiting, it’s worth knowing how your money is being used.

Want to know more about how this issue connects with other Denver dining trends? Learn more about restaurant trends in Denver and how they might change after this legal case.

And if you’re curious about the broader impact of this lawsuit on Denver’s hospitality industry, check out our full guide to the local restaurant scene and what’s next for service models in the Mile High City.

So, what do you think? Is a service charge a fair way to support restaurant staff, or does it blur the lines of what customers expect? Either way, it’s a conversation worth having—and one that’s just getting started.

5 Must-Do's In Denver | HuffPost Life
5 Must-Do's In Denver | HuffPost Life

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Daytime Skyline of Downtown Denver, Colorado image - Free stock photo

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