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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 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:
$15.00
Tipped Minimum Wage:
$10.00
Tip Credit:
$5.00
Tipped Overtime Rate:
$17.50
Nassau / Suffolk / Westchester – All Employers:
Minimum Wage:
$13.00
Tipped Minimum Wage:
$8.65
Tip Credit:
$4.35
Tipped Overtime Rate:
$15.15
Rest of State (Outside NYC, Nassau, Suffolk & Westchester):
Minimum Wage:
$11.80
Tipped Minimum Wage:
$7.85
Tip Credit:
$3.95
Tipped Overtime Rate:
$13.75
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
Nassau / Suffolk / Westchester – All Employers:
Minimum Wage:
$13.00
Tipped Minimum Wage:
$10.85
Tip Credit:
$2.15
Tipped Overtime Rate:
$17.35
Rest of State (Outside NYC, Nassau, Suffolk & Westchester):
Minimum Wage:
$11.80
Tipped Minimum Wage:
$9.85
Tip Credit:
$1.95
Tipped Overtime Rate:
$15.75
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:
$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
Nassau / Suffolk / Westchester – All Employers:
Minimum Wage:
$13.00
Tipped Minimum Wage - $3.20/Hr Credit:
$8.90
Overtime Rate - $2.90/Hr Credit:
$14.80
Tipped Minimum Wage - $1.75/Hr Credit:
$10.05
Overtime Rate - $1.95/Hr Credit:
$16.05
Rest of State (Outside NYC, Nassau, Suffolk & Westchester):
Minimum Wage:
$11.80
Tipped Minimum Wage - $2.90/Hr Credit:
$8.90
Overtime Rate - $2.90/Hr Credit:
$14.80
Tipped Minimum Wage - $1.75/Hr Credit:
$10.05
Overtime Rate - $1.75/Hr Credit:
$15.95
Tipped Food Service Workers - New Jersey Rates
Most NJ Employers:
Minimum Wage:
$14.13
Tipped Minimum Wage:
$5.26
Tip Credit:
$8.87
Tipped Overtime Rate:
$12.32
Seasonal and Small Employers (fewer than 6 employees):
Minimum Wage:
$12.93
Tipped Minimum Wage:
$5.26
Tip Credit:
$7.67
Tipped Overtime Rate:
$11.72
Are You a Non-Tipped Employee?
Find out your minimum wage and overtime rates:
Non-Tipped Employee Minimum Wage Rate
