Thursday, June 29, 2017

[DoL] Minimum Wages for Tipped Employees

January 1, 2017

 


Purple - State requires employers to pay workers full state minimum wage before tips
 
State requires employers to pay tipped employees full state minimum wage before tips.
Green - State requires employers to pay workers above federal tipped minimum wage
 
State requires employers to pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act ($2.13/hour).
blue - State requires employers to pay workers as low as federal tipped minimum wage ($2.13/hr.)
 
State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act ($2.13/hour).


Table of Minimum Hourly Wages for Tipped Employees, by State
Jurisdiction
Basic Combined Cash & Tip Minimum Wage Rate
Maximum Tip Credit Against Minimum Wage
Minimum Cash Wage 1
Definition of Tipped Employee by Minimum Tips received (monthly unless otherwise specified)
FEDERAL: Fair Labor Standards Act (FLSA)
$7.25
$5.12
$2.13
More than $30
State requires employers to pay tipped employees full state minimum wage before tips
Alaska


$9.80
 
California



$10.00

$10.50
 
Applicable to employers with 25 employees or less
Applicable to employers with 26 employees or more
Guam


$8.25
 
Minnesota:
    
Large employer 2


$9.50, effective August 1, 2016
 
Small employer 2


$7.75, effective August 1, 2016
 
Montana:
    
Business with gross annual sales over $110,000


$8.15
 
A business not covered by the Fair Labor Standards Act whose gross annual sales are $110,000 or less may pay $4.00 per hour. However, if an individual employee is producing or moving goods between states or otherwise covered by the federal Fair Labor Standards Act, that employee must be paid the greater of either the federal minimum wage or Montana's minimum wage.


$4.00
 
Nevada10
With no health insurance benefits provided by employer and received by employee


$8.25

With health insurance benefits provided by employer and received by employee


$7.25

Oregon


$9.75
 
Washington


$11.00
 
State requires employers to pay tipped employees a minimum cash wage above the minimum cash wage required under the federal Fair Labor Standards Act ($2.13/hour)
Arizona
$10.00
$3.00
$7.00
Not specified
Arkansas
$8.50
$5.87
$2.63
More than $20
Colorado
$9.30
$3.02
$6.28
More than $30
Connecticut
$10.10


At least $10 weekly for full-time employees or $2.00 daily for part-time in hotels and restaurants. Not specified for other industries.
Hotel, restaurant

36.8% ($3.72)
$6.38
 
Bartenders who customarily receive tips

18.5% ($1.87)
$8.23
 
Delaware
$8.25
$6.02
$2.23
More than $30
District of Columbia*
$11.50
$8.73
$2.77
Not specified
Florida
$8.10
$3.02
$5.08

Hawaii
$9.25
$0.75
$8.50
More than $20
*Hawaii: Tip Credit in Hawaii is permissible if the combined amount the employee receives from the employer and in tips is at least $7.00 more than the applicable minimum wage.
*District of Columbia: As a result of the "Fair Shot Minimum Wage Amendment Act of 2016," the District of Columbia will increase the minimum cash tip in proportions beginning July 1, 2017.
Idaho
$7.25
$3.90
$3.35
More than $30
Illinois
$8.25
40% of the applicable minimum wage
$4.95
$20
Iowa
$7.25
$2.90
$4.35
$30 or more
Maine
$9.00, effective 01/07/2017
$4.00
$5.00
More than $30
Maryland
$8.75
$5.12
$3.63
More than $30
Massachusetts
$11.00
$7.25
$3.75
More than $20
Michigan
$8.90
$5.52
$3.38
Not specified
Missouri
$7.70
50% ($3.85)
$3.85
Not specified
New Hampshire
$7.25
55% of the applicable minimum wage
45% of the applicable minimum wage
More than $30
New York




Information on New York requirements for the payment of tipped employees is available at https://labor.ny.gov/formsdocs/factsheets/pdfs/p717.pdf.
North Dakota
$7.25
33% of the applicable minimum wage
$4.86
More than $30
Ohio 5

Employers with annual gross receipts of $299,000 or more
$8.15
$4.07
$4.08
More than $30
Oklahoma 6
$7.25
$5.12
$2.13
Not specified
Pennsylvania
$7.25
$4.42
$2.83
More than $30
Rhode Island
$9.60
$5.71
$3.89, effective 01/01/17
Not specified
South Dakota
$8.65
50% ($4.325) 3
$4.325
More than $35
Vermont
An employee of a hotel, motel, tourist place, or restaurant who customarily and regularly receives more than $120.00 per month in tips for direct and personal customer service.
$10.00
$5.00
$5.00
More than $120
 
Virgin Islands
$8.35
$5.01
40% ($3.34)
Not specified
Wisconsin 8
$7.25
$4.92
$2.33
Not specified
West Virginia 7
$8.75
70% ($6.13)
$2.62
Not specified
State minimum cash wage payment is the same as that required under the federal Fair Labor Standards Act ($2.13/hr.) 
Alabama 9


$2.13

Georgia 9


$2.13

Indiana
$7.25
$5.12
$2.13
Not specified
Kansas
$7.25
$5.12
$2.13
More than $20
Kentucky
$7.25
$5.12
$2.13
More than $20
Louisiana 9


$2.13

Mississippi 9


$2.13

North Carolina 4
$7.25
$5.12
$2.13
More than $20
Nebraska
$9.00
$6.87
$2.13
Not specified
New Jersey
$8.44
$6.31
$2.13
Not specified
New Mexico
  $7.50
  $5.37
$2.13
More than $30
Puerto Rico
$7.25
$5.12
$2.13
More than $30
South Carolina 9


$2.13

Tennessee 9


$2.13

Texas
$7.25
$5.12
$2.13
More than $20
Utah
$7.25
$5.12
$2.13
More than $30
Virginia
$7.25
$5.12
$2.13
Not specified
Wyoming
$5.15
$3.02
$2.13
More than $30

Some states set subminimum rates for minors and/or students or exempt them from coverage, or have a training wage for new hires. Such differential provisions are not displayed in this table.
FOOTNOTES
1 Other additional deductions are permitted, for example for meals and lodging, except as noted in footnote 8.
2 Minnesota. Effective August 1, 2014, a large employer means an enterprise whose gross volume of sales made or business done is not less than $500,000. A small employer means an enterprise whose gross volume of sales made or business done is less than $500,000.
3 In New Jersey and South Dakota, the listed maximum credit is the total amount allowable for tips, food and lodging combined, not for tips alone as in other states.
In New Jersey, in specific situations where the employer can prove to the satisfaction of the Department of Labor and Workforce Development that the tips actually received exceed the creditable amount, a higher tip credit may be taken.
4 North Carolina. Tip credit is not permitted unless the employer obtains from each employee, either monthly or each pay period, a signed certification of the amount of tips received.
5 Ohio. For employees of employers with gross annual sales of less than $299,000, the state minimum wage is $7.25 per hour. For these employees, the state wage is tied to the federal minimum wage of $7.25 per hour which requires an act of Congress and the President's signature to change.
6 Oklahoma. For employers with fewer than 10 full-time employees at any one location who have gross annual sales of $100,000 or less, the basic minimum rate is $2.00 per hour.
7 West Virginia. The state minimum wage law applies only to employers with six or more employees and to state agencies.
8 Wisconsin. $2.13 per hour may be paid to employees who are not yet 20 years old and who have been in employment status with a particular employer for 90 or fewer consecutive calendar days from the date of initial employment.
9 The following states do not have state minimum wage laws: Alabama, Louisiana, Mississippi, South Carolina, and Tennessee. Georgia has a state minimum wage law, but it does not apply to tipped employees.
10 Nevada. The state minimum wage rates may be increased annually based upon changes in the cost of living index, which would in turn increase the minimum cash wage for tipped employees.
Prepared By:
Division of Communications
Wage and Hour Division
U.S. Department of Labor
This document was last revised January 1, 2017.
The Wage and Hour Division tries to ensure that the information on this page is accurate but individuals should consult the relevant state labor office for official information.
- https://www.dol.gov/whd/state/tipped.htm -

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Attorney Ellen Eunkyung Lee ("Lee") grew up in Korea, and majored in English Literature and Sociology at Yonsei University. ...