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 employees’ tips to increase the wages of their other, non-tipped workers or employers keep the tips for their own profits. If an employer takes your tips, it may be a violation of the law. Employers are also required to pay you a minimum hourly wage even if you receive tips. See below for the hourly minimum wage rates for tipped employees.

Minimum Wage for Workers Who Receive Tips

Tipped Food Service Workers - Restaurant/Hospitality Industry

NYC:

Tipped Minimum Wage:
$10.65
Tip Credit:
$5.35
Tipped Overtime Rate:
$18.65

Nassau / Suffolk / Westchester:

Tipped Minimum Wage:
$10.65
Tip Credit:
$5.35
Tipped Overtime Rate:
$18.65

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

Tipped Minimum Wage:
$10.00
Tip Credit:
$5.00
Tipped Overtime Rate:
$17.50

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

NYC:

Tipped Minimum Wage:
$13.35
Tip Credit:
$2.65
Minimum Tip Threshold:
$3.45
Tipped Overtime Rate:
$21.35

Nassau / Suffolk / Westchester:

Tipped Minimum Wage:
$13.35
Tip Credit:
$2.65
Minimum Tip Threshold:
$3.45
Tipped Overtime Rate:
$21.35

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

Tipped Minimum Wage:
$12.50
Tip Credit:
$2.50
Minimum Tip Threshold:
$3.20
Tipped Overtime Rate:
$20.00

Tipped Food Service Workers - New Jersey Rates

Most NJ Employers:

Tipped Minimum Wage:
$5.26
Tip Credit:
$9.87
Tipped Overtime Rate:
$12.83

Seasonal and Small Employers (fewer than 6 employees):

Tipped Minimum Wage:
$5.26
Tip Credit:
$8.67
Tipped Overtime Rate:
$12.23

Are You a Non-Tipped Employee?

Find out your minimum wage and overtime rates:

Non-Tipped Employee Minimum Wage Rate

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