[CanadianLibertarian]

Look the guy I was replying to was claiming there was an "implied contract". That was the elitism right there. There is no contract between waiter and diner, the diner is "contracting" with the owner of the place. No other contract arises, and in any case, the waiter is an employee of the owner. The owner is responsible for remuneration.

I don't mean to demean waiters, but in the context of my reply, I'm trying to point out that they are not business owners, and I certainly do not contract with them simply by having a meal they happened to serve.

[Anitius Severinus Boethius]

If a waiter gives you bad service, do you go back to the restaurant?

If the waiter makes your meal a much more enjoyable experience, would you be likely to go back to the restaurant?

It seems to me like there is a social contract involved in that interaction. A waiter who encourages you to return helps the restaurant, but also provided a service to you (a pleasant meal).

As such, the gratuity is a reflection from you back to the waiter as to how much you valued his work.

Waiters who encourage more patronage are not just working for the restaurant, they are providing a service to the diner beyond “just serving food”. A waiter can make or break a nice night out, and I think it is horribly elitist to say “they are just doing their job” and “Waiters are hired flunkies doing low-end labor”.

[Trailerpark Badass]

I don't mean to demean waiters, but in the context of my reply, I'm trying to point out that they are not business owners, and I certainly do not contract with them simply by having a meal they happened to serve.

Well, in America, you do.

By virtue of waitstaff being exempted from minimum wage laws, you, as a customer are assuming some payment for their services.

Now you know what all that cussing was about when you left a US restaurant without tipping. The poor sap had to cough up income tax on 8% of your bill, also. It's almost like you stole his services.