Business
What does a service fee ban mean for diners? Expect higher menu prices — a lot higher
Coming this summer is a new state law that bans unadvertised service fees, surcharges and other additional costs that are added to the end of a bill for meals or delivery service.
On July 1, Senate Bill 478, which Gov. Gavin Newsom signed into law in October, is set to prohibit “junk fees” across a wide swath of businesses, including online ticket sales, hotels, restaurants, bars and delivery apps.
Sens. Bill Dodd (D-Napa) and Nancy Skinner (D-Berkeley), who co-wrote the bill, say it will offer greater protections for consumers.
“These deceptive fees prevent us from knowing how much we will be charged at the outset,” Atty. Gen. Rob Bonta, who co-sponsored the measure, said in a statement the day it was signed. “They are bad for consumers and bad for competition. … With the signing of SB478, California now has the most effective piece of legislation in the nation to tackle this problem. The price Californians see will be the price they pay.”
Many owners of restaurants and bars rely on now-ubiquitous surcharges to offer employee benefits such as healthcare and higher wages and often note surcharges on menus; some are listed as “elective,” left to the discretion of the diner. As implementation of the law looms, some now say the consequences could be disastrous and “upend” the industry.
The restaurants will need to factor surcharge fees into menu prices, as opposed to simply advertising them at the end of a bill, state officials said.
“At this point, we are going to have to raise our prices a big chunk,” said James Beard Award-winning restaurateur Caroline Styne, co-owner and wine director of the Lucques Group of restaurants and wine director of Hollywood Bowl Food & Wine.
For instance, the famous Ode to Zuni roast chicken with fennel panzanella at A.O.C. is currently priced at $39 and will likely rise to $49 once the law goes into effect, she said.
“Restaurants are in a very tough spot right now,” Styne added. “We’ve really been under tremendous pressure … most restaurants are hemorrhaging money.”
Although most new laws in California take effect on Jan. 1, the delayed implementation was intentional, allowing more time for restaurants, bars and other businesses to adjust accordingly, according to a representative for the attorney general’s office. Clarifying materials on the new law are also expected to be published by the state before July 1.
“SB478 is about greater transparency for consumers and clear communication about the actual cost of goods and services,” a spokesperson told The Times in a statement.
Previous statements from the attorney general’s office said SB478 would not “bar restaurants from charging service fees,” the San Francisco Chronicle reported last fall. “Those fees, however, must be disclosed (so they are no longer hidden) in restaurants’ advertised prices.”
Now, according to the office of the attorney general, restaurants and bars will still be able to advertise surcharges and other fees on the menu but they must be included in menu prices from the outset. A representative of the office declined to address how or whether elective fees would be addressed in the new law.
For customers, that might mean sticker shock when a $35 menu item in theory could now be listed at $42; for many restaurants, the fallout could be a decrease in business. Rolling surcharges or fees of 1% to 20% or more into menu pricing could also trigger other business costs.
Styne said the new law will only precipitate the closure of more restaurants, which are still recovering from the pandemic and summer strikes.
FTC cracks down on junk fees
California’s law could have national implications. Days after Newsom signed SB478, the Biden administration announced “new efforts to crack down on junk fees and bring down costs for American consumers” in collaboration with the Federal Trade Commission. The new FTC regulation would prohibit “omitting” and “misrepresenting” fees from the total cost of goods.
“It’s a very similar approach at a federal level,” said Laurie Thomas, executive director of the Golden Gate Restaurant Assn. “If the playing field is level across the United States, is it going to hurt restaurants?
“I think that in areas like San Francisco that have higher mandated laws that put costs on small restaurants — the extra healthcare spend, the extra sick pay, the extra paid family leave — all the stuff we pay for that people aren’t even aware of, it’s gonna have to make us put prices higher.”
Her organization represents roughly 800 restaurants in San Francisco and has been attempting to advise and prepare restaurateurs on how to comply with the new legislation. Thomas said she has been seeking clarity on California’s rule since October, with little directive from the state on how restaurants should proceed.
“A lot of people are reaching out for clarity,” she said. “There’s a lot of frustration. It’s not going to drop the price of dining out. What it might do is close more restaurants. But maybe people don’t care about that anymore.”
Service charge controversy
Service fees have become a point of contention for diners, food workers and restaurant owners. In June, former servers at Jon & Vinny’s, a popular Italian American restaurant, filed a class-action lawsuit in Los Angeles Superior Court against its owners, Jon Shook and Vinny Dotolo, alleging that their company denied servers tips, resulting in a reduction of take-home pay, due to diner confusion regarding an 18% service fee.
The restaurant owners subsequently changed the language at the bottom of customer bills regarding the fee: “The service charge is not a tip or gratuity, and is an added fee controlled by the restaurant that helps facilitate a higher living base wage for all of our employees. Please scan the QR Code at the top of the receipt for additional information, or speak with a manager.”
Last month, a former server at Found Oyster launched a class-action lawsuit against parent company Last Word Hospitality, alleging that the firm wrongfully withheld tips in the form of service fees. The complaint was filed in Los Angeles County Superior Court.
Kato restaurateur Ryan Bailey is aware of the scrutiny and said it’s possible that some operators are “misusing the service charge.” But most, he believes, are distributing them correctly and relying on them to keep their businesses and employee benefits running smoothly.
“Every restaurateur that I know who cares in this industry is using it in a way that is so immensely appropriate and responsible and forward thinking that if it was to go away, it would be really crippling to everybody,” Bailey said.
“We have people who have progressed from entry level positions into management positions because they felt that we are taking care of them and care about their financial stability. It has allowed us to make the workweek a 40-hour workweek,” rather than the industry norm of a patchwork of hours or otherwise part-time shifts for servers and back-of-house employees, he added.
At Kato, the No. 1 restaurant in the city, according to The Times’ 2023 101 Best Restaurants list, Bailey said the 18% surcharge helps pay for an employee benefit package that includes mental, medical, dental and vision insurance. It also balances pay on slow nights.
Food delivery apps will function differently under the new law.
According to the attorney general’s office, these apps must list the price for delivery costs and all other fees; services such as delivery cannot be advertised as free or at a given amount, with additional miscellaneous fees tacked on at the end of the transaction. However, unlike with restaurants, previously listed surcharges or service fees cannot be built into the item price. Assembly Bill 2149, also referred to as the Fair Food Delivery Act of 2020, states that menu prices are set by the participating restaurants on the platforms and cannot be inflated by delivery services.
A representative for Postmates and Uber Eats, which are both owned by Uber, said that the listing of prices is already compliant with the new law and that the company worked directly with lawmakers to ensure compliance. Last year, a statement from DoorDash said, “There are no hidden fees, junk fees or surprises at checkout. We’re upfront on pricing.”
For some apps such as Postmates, applicable fees are detailed by pressing the small “i,” or “info,” button next to “delivery fee” or “taxes & other fees” in the checkout cart. DoorDash exercises this same checkout format, as well as breaks down possible charges via a small “pricing & fees” button near the top of each restaurant’s listing.
When asked whether this is acceptable procedure as is, as well as how the practice differs from restaurants and bars listing surcharges and fees on menus, a representative for the attorney general said, “We are unable to provide legal advice or analysis.”
“Fees help us operate the DoorDash platform, ensure Dashers are paid fairly, and offer merchants tools to grow their businesses,” a spokesperson for DoorDash wrote in a statement to The Times. “That said, we are always working to make our platform more transparent and affordable and we never surprise consumers with hidden fees or junk fees. Consumers always see what they will pay — multiple times — before checkout on our platform.”
For restaurants, the law will also prohibit a common 18% service charge on parties of six or more. Styne characterized the change as unfair, since additional labor has to be provided with such large parties. The restaurant shouldn’t have to absorb that additional cost, she argued. A senate official told The Times that they were awaiting clarification from the attorney general’s office regarding the law’s inclusion of large-party surcharges.
Rising labor costs, high taxes and tight regulations paired with razor-thin profits have made California a tough place for restaurants to stay open, Styne said. “There are a lot of businesses that will be upended by this.”
Cindy Carcamo contributed to this report.
Business
Southwest’s open seating ends with final flight
After nearly 60 years of its unique and popular open-seating policy, Southwest Airlines flew its last flight with unassigned seats Monday night.
Customers on flights going forward will choose where they sit and whether they want to pay more for a preferred location or extra leg room. The change represents a significant shift for Southwest’s brand, which has been known as a no-frills, easygoing option compared to competing airlines.
While many loyal customers lament the loss of open seating, Southwest has been under pressure from investors to boost profitability. Last year, the airline also stopped offering free checked bags and began charging $35 for one bag and $80 for two.
Under the defunct open-seating policy, customers could choose their seats on a first-come, first-served basis. On social media, customers said the policy made boarding faster and fairer. The airline is now offering four new fare bundles that include tiered perks such as priority boarding, preferred seats, and premium drinks.
“We continue to make substantial progress as we execute the most significant transformation in Southwest Airlines’ history,” said chief executive Bob Jordan in a statement with the company’s third-quarter revenue report. “We quickly implemented many new product attributes and enhancements [and] we remain committed to meeting the evolving needs of our current and future customers.”
Eighty percent of Southwest customers and 86% of potential customers prefer an assigned seat, the airline said in 2024.
Experts said the change is a smart move as the airline tries to stabilize its finances.
In the third quarter of 2025, the company reported passenger revenues of $6.3 billion, a 1% increase from the year prior. Southwest’s shares have remained mostly stable this year and were trading at around $41.50 on Tuesday.
“You’re going to hear nostalgia about this, but I think it’s very logical and probably something the company should have done years ago,” said Duane Pfennigwerth, a global airlines analyst at Evercore, when the company announced the seating change in 2024.
Budget airlines are offering more premium options in an attempt to increase revenue, including Spirit, which introduced new fare bundles in 2024 with priority check-in and their take on a first-class experience.
With the end of open seating and its “bags fly free” policy, customers said Southwest has lost much of its appeal and flexibility. The airline used to stand out in an industry often associated with rigidity and high prices, customers said.
“Open seating and the easier boarding process is why I fly Southwest,” wrote one Reddit user. “I may start flying another airline in protest. After all, there will be nothing differentiating Southwest anymore.”
Business
Contributor: The weird bipartisan alliance to cap credit card rates is onto something
Behind the credit card, ubiquitous in American economic life now for decades, stand a very few gigantic financial institutions that exert nearly unlimited power over how much consumers and businesses pay for the use of a small piece of plastic. American consumers and small businesses alike are spitting fire these days about the cost of credit cards, while the companies profiting from them are making money hand over fist.
We are now having a national conversation about what the federal government can do to lower the cost of credit cards. Sens. Bernie Sanders (I-Vt.) and Josh Hawley (R-Mo.), truly strange political bedfellows, have proposed a 10% cap. Now President Trump has too. But we risk spinning our wheels if we do not face facts about the underlying structure of this market.
We should dispense with the notion that the credit card business in the United States is a free market with robust competition. Instead, we have an oligopoly of dominant banks that issue them: JPMorgan Chase, Bank of America, American Express, Citigroup and Capital One, which together account for about 70% of all transactions. And we have a duopoly of networks: Visa and Mastercard, who process more than 80% of those transactions.
The results are higher prices for consumers who use the cards and businesses that accept them. Possibly the most telling statistic tracks the difference between borrowing benchmarks, such as the prime rate, and what you pay on your credit card. That markup has been rising steadily over the last 10 years and now stands at 16.4%. A Federal Reserve study found the problem in every card category, from your super-duper-triple-platinum card to subprime cardholders. Make no mistake, your bank is cranking up credit card rates faster than any overall increase.
If you are a small business owner, the situation is equally grim. Credit cards are a major source of credit for small businesses, at an increasingly dear cost. Also, businesses suffer from the fees Visa and Mastercard charge merchants on customer payments; those have climbed steadily as well because the two dominant processors use a variety of techniques to keep their grip on that market. Those fees nearly doubled in five years, to $111 billion in 2024. Largely passed on to consumers in the form of higher prices, these charges often rank as the second- or third-highest merchant cost, after real estate and labor.
There is nothing divinely ordained here. In other industrialized countries, the simple task of moving money — the basic function of Visa and Mastercard — is much, much less expensive. Consumer credit is likewise less expensive elsewhere in the world because of greater competition, tougher regulation and long-standing norms.
Now some American politicians want caps on card interest rates, a tool that absolutely has its place in consumer protection. A handful of states already have strict limits on interest rates, a proud legacy of an ethos of protecting the most vulnerable people against the biblical sin of usury. Texas imposes a 10% cap for lending to people in that state. Congress in 2006 chose to protect military service members via a 36% limit on interest they can be charged. In 2009, it banned an array of sneaky fees designed to extract more money from card users. Federal credit unions cannot charge more than 18% interest, including on credit cards. Brian Shearer from Vanderbilt University’s Policy Accelerator for Political Economy and Regulation has made a persuasive case for capping credit card rates for the rest of us too.
At the very least, there is every reason to ignore the stale serenade of the bank lobby that any regulation will only hurt the people we are trying to help. Credit still flows to soldiers and sailors. Credit unions still issue cards. States with usury caps still have functioning financial systems. And the 2009 law Congress passed convinced even skeptical economists that the result was a better market for consumers.
If consumers receive such commonsense protections, what’s at stake? Profit margins for banks and card networks, and there is no compelling public policy reason to protect those. Major banks have profit margins that exceed 30%, a level that is modest only compared with Visa and Mastercard, which average a margin of 45%. Meanwhile, consumers face $1. 3 trillion in debt. And retailers squeeze by with a margin around 3%; grocers make do with half that.
The market won’t fix what’s wrong with credit card fees, because the handful of businesses that control it are feasting at everyone else’s expense. We must liberate the market from the grip of the major banks and card processors and restore vibrant competition. Harnessing market forces to get better outcomes for consumers, in addition to smart regulation, is as American as apple pie.
Fortunately, Trump has endorsed — via social media — bipartisan legislation, the Credit Card Competition Act, that would crack open the Visa-Mastercard duopoly by allowing merchants to route transactions over competing networks. Here’s hoping he follows through by getting enough congressional Republicans on board.
That change would leave us with the megabanks still controlling the credit card market. One approach would be consumer-friendly regulation of other means of credit, such as buy-now-pay-later tools or innovative payment applications, by including protections that credit cards enjoy. Ideally, Congress would cap the size of banks, something it declined to do after the 2008 financial crisis, to the enduring frustration of reformers who sought structural change. Trump entered the presidency in 2017 calling for a new Glass-Steagall, the Depression-era law that broke up big banks, but he never pursued it.
Fast forward nine years, and we find rising negative sentiment among American voters, groaning under the weight of credit card debt and a cascade of junk fees from other industries. Populist ire at corporate power is rising. The race between the two major parties to ride that feeling to victory in the November midterm elections and beyond has begun. A movement to limit the power of big banks could be but a tweet away.
Carter Dougherty is the senior fellow for anti–monopoly and finance at Demand Progress, an advocacy group and think tank.
Business
Lockheed Martin, PG&E, Salesforce and Wells Fargo team up to help battle wildfires
Lockheed Martin, PG&E Corp., Salesforce and Wells Fargo are teaming up to help firefighters and emergency responders prevent, detect and fight wildfires more quickly.
On Monday, the four companies said they’re forming a new venture called Emberpoint to advance technology while making wildfire prevention more affordable.
“The ultimate vision is, you know, eliminating megafires in the United States, and maybe beyond that,” said Jim Taiclet, Lockheed Martin’s chief executive, president and chairman, in an interview.
The Emberpoint team and its technologies will be created in the coming months and demonstrations are expected some time this year. Wells Fargo is helping to fund the investment and partners have already committed more than $100 million to the new venture, Taiclet said.
Lockheed Martin already makes aircraft and satellites to fight wildfires, but the company has also worked on integrating data from the space, ground and air to help predict where a fire might start so firefighters and helicopters can better position themselves. A lightning strike, downed power lines, improperly extinguished campfires and other events can spark wildfires. The venture’s first service will focus on firefighting intelligence.
PG&E has wildfire mitigation efforts, such as installing power lines underground in high-risk areas, and has weather stations equipped with AI-powered cameras to help detect wildfires. The company will bring its expertise to this new venture but plans to seek regulatory approval to share information with its partners as part of this new venture.
“We can actually share and return to our customers the investments they’ve made in wildfire technology, and return those investments back to customers while making our own system safer and making the state safer,” PG&E Corp. Chief Executive Patti Poppe said.
San Francisco software company Salesforce, which is behind messaging app Slack and a platform that helps companies deploy AI agents, will help organizations coordinate so they can respond to wildfires faster. The company will also help bring data from different streams into a “unified, real-time response engine.”
AI agents can help firefighters better combat a blaze by providing information such as the blaze’s perimeter and the most dangerous areas, Taiclet said.
The partnership comes as wildfires across the globe become larger and more destructive, damaging homes, businesses and other buildings while also disrupting power. In California, where warmer temperatures, drier air and high winds fuel flames, wildfires have caused billions of dollars in damage and claimed lives. Last year, the Eaton and Palisades fires killed more than two dozen people and destroyed more than 16,000 structures, with the estimated loss totaling more than $250 billion.
The path of destruction left by wildfires has prompted major tech companies such as Nvidia and Google, along with startups and universities, to experiment with artificial intelligence to improve firefighting and detection. Drones, sensors, satellite imagery, autonomous aircraft and cameras are among tools used to manage and fight wildfires.
Lockheed Martin has teamed up with tech companies before to help battle wildfires. The defense and aerospace contractor, headquartered in Maryland, also has offices and employees throughout California, including Silicon Valley. It has roughly 10,000 employees in California.
In 2021, the company partnered with Nvidia along with state and federal forest services to create a digital version of a fire that allows firefighters and incident commanders to better understand how it spreads and find the best ways to put it out.
Last year, the California Department of Forestry and Fire Protection said it was working with Sikorsky, a Lockheed Martin company, on a five-year initiative that would enhance autonomous aerial firefighting technologies. The effort also includes exploring the development of an autonomous Sikorsky S-70i Firehawk helicopter, an aircraft used to drop gallons of water onto flames. Sikorsky has worked with California software company Rain to test out autonomous wildfire suppression technology as well.
And Lockheed Martin has built satellites that help U.S. forecasters get images of wildfires, hurricanes and severe weather conditions.
“If we can get prediction better, detection quicker and response more robust, I think we’ve had a real chance at making a big difference here for safety of both the citizens and the firefighters,” Taiclet said.
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