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

$13.00

Tipped Minimum Wage

$8.65

Tip Credit

$4.35

Tipped Overtime Rate

$15.15

NYC Employer – 10 or fewer employees:

Minimum Wage

$12.00

Tipped Minimum Wage

$8.00

Tip Credit

$4.00

Tipped Overtime Rate

$14.00

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$11.00

Tipped Minimum Wage

$7.50

Tip Credit

$3.50

Tipped Overtime Rate

$13.00

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

Minimum Wage

$10.40

Tipped Minimum Wage

$7.50

Tip Credit

$2.90

Tipped Overtime Rate

$12.70


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

NYC Employer – 11 or more employees:

Minimum Wage

$13.00

Tipped Minimum Wage

$10.85

Tip Credit

$2.15

Minimum Tip Threshold

$2.80

Tipped Overtime Rate

$17.35

NYC Employer – 10 or fewer employees:

Minimum Wage

$12.00

Tipped Minimum Wage

$10.00

Tip Credit

$2.00

Minimum Tip Threshold

$2.60

Tipped Overtime Rate

$16.00

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$11.00

Tipped Minimum Wage

$9.15

Tip Credit

$1.85

Minimum Tip Threshold

$2.40

Tipped Overtime Rate

$14.65

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

Minimum Wage

$10.40

Tipped Minimum Wage

$8.65

Tip Credit

$1.75

Minimum Tip Threshold

$2.25

Tipped Overtime Rate

$13.85

Tipped Employees - Other Industries

NYC Employer – 11 or more employees:

Minimum Wage

$13.00

Tipped Minimum Wage - $1.95/Hr Credit

$11.05

Overtime Rate - $1.95/Hr Credit

$17.55

Tipped Minimum Wage - $3.20/Hr Credit

$9.80

Overtime Rate - $3.20/Hr Credit

$16.30

NYC Employer – 10 or fewer employees:

Minimum Wage

$12.00

Tipped Minimum Wage - $1.80/Hr Credit

$10.20

Overtime Rate - $1.80/Hr Credit

$16.05

Tipped Minimum Wage - $2.95/Hr Credit

$9.05

Overtime Rate - $2.95/Hr Credit

$14.80

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$11.00

Tipped Minimum Wage - $1.65/Hr Credit

$9.35

Overtime Rate - $1.65/Hr Credit

$14.55

Tipped Minimum Wage - $2.70/Hr Credit

$8.30

Overtime Rate - $2.70/Hr Credit

$13.30

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

Minimum Wage

$10.40

Tipped Minimum Wage - $1.55/Hr Credit

$8.85

Overtime Rate - $1.55/Hr Credit

$13.65

Tipped Minimum Wage - $2.55/Hr Credit

$7.85

Overtime Rate - $2.55/Hr Credit

$12.40

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

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