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

$11.00

Tipped Minimum Wage

$7.50

Tip Credit

$3.50

Tipped Overtime Rate

$13.00

NYC Employer – 10 or fewer employees:

Minimum Wage

$10.50

Tipped Minimum Wage

$7.50

Tip Credit

$3.00

Tipped Overtime Rate

$12.75

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$10.00

Tipped Minimum Wage

$7.50

Tip Credit

$2.50

Tipped Overtime Rate

$12.50

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

Minimum Wage

$9.70

Tipped Minimum Wage

$7.50

Tip Credit

$2.20

Tipped Overtime Rate

$12.35


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

NYC Employer – 11 or more employees:

Minimum Wage

$11.00

Tipped Minimum Wage

$9.15

Tip Credit

$1.85

Minimum Tip Threshold

$2.40

Tipped Overtime Rate

$14.65

NYC Employer – 10 or fewer employees:

Minimum Wage

$10.50

Tipped Minimum Wage

$8.75

Tip Credit

$1.75

Minimum Tip Threshold

$2.30

Tipped Overtime Rate

$14.00

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$10.00

Tipped Minimum Wage

$8.35

Tip Credit

$1.65

Minimum Tip Threshold

$2.15

Tipped Overtime Rate

$13.35

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

Minimum Wage

$9.70

Tipped Minimum Wage

$8.10

Tip Credit

$1.60

Minimum Tip Threshold

$2.10

Tipped Overtime Rate

$12.95

Tipped Employees - Other Industries

NYC Employer – 11 or more employees:

Minimum Wage

$11.00

Tipped Minimum Wage - $1.65/Hr Credit

$9.35

Overtime Rate - $1.65/Hr Credit

$14.85

Tipped Minimum Wage - $2.70/Hr Credit

$8.30

Overtime Rate - $2.70/Hr Credit

$13.80

NYC Employer – 10 or fewer employees:

Minimum Wage

$10.50

Tipped Minimum Wage - $1.60/Hr Credit

$8.90

Overtime Rate - $1.60/Hr Credit

$14.15

Tipped Minimum Wage - $2.55/Hr Credit

$7.95

Overtime Rate - $2.55/Hr Credit

$13.20

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$10.00

Tipped Minimum Wage - $1.50/Hr Credit

$8.50

Overtime Rate - $1.50/Hr Credit

$13.50

Tipped Minimum Wage - $2.45/Hr Credit

$7.55

Overtime Rate - $2.45/Hr Credit

$12.55

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

Minimum Wage

$9.70

Tipped Minimum Wage - $1.45/Hr Credit

$8.25

Overtime Rate - $1.45/Hr Credit

$13.10

Tipped Minimum Wage - $2.35/Hr Credit

$7.35

Overtime Rate - $2.35/Hr Credit

$12.20

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

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