Practice Areas /
Tip Pooling Violations

The restaurant and catering industries are highly competitive, and employees in these industries work hard for their tips. But, employers sometimes unlawfully take a portion of their employees’ tips to increase the wages of their other, non-tipped workers or to add to their own revenues. Oftentimes, when an employer takes your tips, he violates the law.

Q: What is the minimum wage for workers who receive tips?

Tipped Food Service Workers - Restaurant/Hospitality Industry

NYC Employer – 11 or more employees:

Minimum Wage

$15.00

Tipped Minimum Wage

$10.00

Tip Credit

$5.00

Tipped Overtime Rate

$17.50

NYC Employer – 10 or fewer employees:

Minimum Wage

$13.50

Tipped Minimum Wage

$9.00

Tip Credit

$4.50

Tipped Overtime Rate

$15.75

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$12.00

Tipped Minimum Wage

$8.00

Tip Credit

$4.00

Tipped Overtime Rate

$14.00

Rest of State (Outside NYC, Nassau, Suffolk & Westchester):

Minimum Wage

$11.10

Tipped Minimum Wage

$7.50

Tip Credit

$3.60

Tipped Overtime Rate

$13.05


Tipped Service Employees (Non-Food Service Workers) – Restaurant/Hospitality Industry

NYC Employer – 11 or more employees:

Minimum Wage

$15.00

Tipped Minimum Wage

$12.50

Tip Credit

$2.50

Tipped Overtime Rate

$20.00

NYC Employer – 10 or fewer employees:

Minimum Wage

$13.50

Tipped Minimum Wage

$11.25

Tip Credit

$2.25

Tipped Overtime Rate

$18.00

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$12.00

Tipped Minimum Wage

$10.00

Tip Credit

$2.00

Tipped Overtime Rate

$16.00

Rest of State (Outside NYC, Nassau, Suffolk & Westchester):

Minimum Wage

$11.10

Tipped Minimum Wage

$9.25

Tip Credit

$1.85

Tipped Overtime Rate

$14.80

Tipped Employees - Other Industries

NYC Employer – 11 or more employees:

Minimum Wage

$15.00

Tipped Minimum Wage - $3.65/Hr Credit

$11.35

Overtime Rate - $3.65/Hr Credit

$18.85

Tipped Minimum Wage - $2.25/Hr Credit

$12.75

Overtime Rate - $2.25/Hr Credit

$20.25

NYC Employer – 10 or fewer employees:

Minimum Wage

$13.50

Tipped Minimum Wage - $3.30/Hr Credit

$10.20

Overtime Rate - $3.30/Hr Credit

$16.95

Tipped Minimum Wage - $2.05/Hr Credit

$11.45

Overtime Rate - $2.05/Hr Credit

$18.20

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$12.00

Tipped Minimum Wage - $2.95/Hr Credit

$9.05

Overtime Rate - $2.95/Hr Credit

$15.05

Tipped Minimum Wage - $1.80/Hr Credit

$10.20

Overtime Rate - $1.80/Hr Credit

$16.20

Rest of State (Outside NYC, Nassau, Suffolk & Westchester):

Minimum Wage

$11.10

Tipped Minimum Wage - $2.70/Hr Credit

$8.40

Overtime Rate - $2.70/Hr Credit

$13.95

Tipped Minimum Wage - $1.65/Hr Credit

$9.45

Overtime Rate - $1.65/Hr Credit

$15.00

If you are a non-tipped employee, find out your minimum wage and overtime rates.

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