Riiven Slants

Tipping

A custom America briefly outlawed, then quietly built into federal wage law.

Social-Rituals · 1909 · 2 min read
Tipping
Jack Delano, Pullman porter making an upper berth aboard the Capitol Limited bound for Chicago (March 1942) / Library of Congress, Office of War Information / Wikimedia Commons (public domain)

Every American restaurant runs on an 18% expectation that customers police themselves. It does not exist in most of the world. For ten years between 1909 and 1919, six U.S. states tried to outlaw the practice.

The word 'tip' first appears in 17th-century English slang, used by thieves and tavern-keepers to mean 'pass along.' It crossed to America with returning travelers in the mid-1800s. Most Americans hated it then. Tipping looked aristocratic, European, and an insult to a free citizen.

After the Civil War, the railroads needed cheap labor for their sleeping and dining cars. The Pullman Company hired tens of thousands of formerly enslaved men as porters and paid them almost nothing. Tips made up the difference. A custom the country had mocked became a wage subsidy no one wanted to name.

The backlash arrived in 1904. The Anti-Tipping Society of America formed in Georgia and grew to a hundred thousand members. Newspapers called the practice un-American and a relic of European servility. Between 1909 and 1915, six states passed laws making it illegal to give or accept a tip.

The laws failed. Hotel and railway workers depended on the income. Wealthy travelers refused to stop tipping. Enforcement was impossible because no clerk could prove a coin had crossed a counter. Court challenges chipped away one statute at a time. By 1926 every anti-tipping law in America had been repealed.

In 1966 Congress amended the Fair Labor Standards Act with a tipped-wage carve-out. Employers could pay tipped workers less than the minimum wage and count gratuities to cover the gap. The post-Civil War bargain was now federal law. By the 2020s the U.S. tipped minimum wage was still $2.13 an hour, frozen since 1991.

The tilt

What six states once banned, one Congress later codified. The bans were the visible experiment. The wage code is the one nobody noticed.

Sources

  1. Kerry Segrave, Tipping: An American Social History of Gratuities (McFarland) (1998)
  2. William R. Scott, The Itching Palm: A Study of the Habit of Tipping in America (Penn Publishing) (1916)
  3. Saru Jayaraman, Forked: A New Standard for American Dining (Oxford University Press) (2016)
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