The law was changed a few years ago making it illegal for restaurants to use a service charge to subsidise staff wages. Up until then things were much worse, and it was common practice for establishments to effectively be paying BELOW minimum wage, and using service charges to bring their staff's income up to minimum wage.But it's still not guaranteed that service charges are actually paid to waiting/kitchen staff, and companies are not legally obliged to distribute all of it to them. So yes, the best thing is either to ASK the staff if the service charge goes to them, and if they are unable or unwilling to divulge, simply ask for the service charge to be removed from the bill, and leave a cash tip (if you are so inclined).
M Duley ● 4957d