January 1, 2012
Jurisdiction |
Future
|
Basic Combined Cash & Tip Minimum Wage Rate |
Maximum Tip Credit Against Minimum Wage |
Minimum Cash Wage 1 |
Definition of Tipped Employee by Minimum Tips received (monthly unless otherwise specified) |
---|---|---|---|---|---|
FEDERAL: Fair Labor Standards Act (FLSA) |
$7.25 |
$5.12 |
$2.13 |
More than $30 |
|
STATE LAW DOES NOT ALLOW TIP CREDIT |
|||||
Minimum rate same for tipped and non-tipped employees |
|||||
|
|
$7.75 |
|||
|
|
$8.00 |
|||
|
|
$6.55 |
|||
Large employer 2 |
|
|
$6.15 |
||
Small employer 2 |
|
|
$5.25 |
||
Business with gross annual sales over $110,000 |
|
|
$7.65 |
||
Business with gross annual sales of $110,000 or less |
|
|
$4.00 |
||
|
|
$8.25
$7.25 |
With no health insurance benefits provided by employer and received by employee With health insurance benefits provided by employer and received by employee |
||
|
|
$8.80 |
|||
|
|
$9.04 |
|||
Minimum rate lower for tipped employees than for non-tipped |
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|
|
||||
STATE LAW ALLOWS TIP CREDIT |
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$7.65 |
$3.00 |
$4.65 |
Not specified |
||
$6.25 |
$3.62 |
$2.63 |
More than $20 |
||
$7.64 |
$3.02 |
$4.62 |
More than $30 |
||
|
$8.25 |
31.0% |
$5.69 |
At least $10 weekly for full-time employees or $2.00 daily for part-time in hotels and restaurants. Not specified for other industries. |
|
Hotel, restaurant |
|
|
$2.56 |
$5.69 |
|
Bartenders who customarily receive tips |
|
|
11% |
$7.34 |
|
$7.25 |
$5.02 |
$2.23 |
More than $30 |
||
$8.25 |
$5.48 |
$2.77 |
Not specified |
||
|
$7.67 |
$3.02 |
$4.65 |
|
|
$7.25 |
$0.25 |
$7.00 |
More than $20 |
||
(Tip Credit permissible if the combined amount the employee receives from the employer and in tips is at least 50 cents more than the applicable minimum wage) |
|||||
$7.25 |
$3.90 |
$3.35 |
More than $30 |
||
|
$8.25 |
40% |
$4.95 |
$20 |
|
$7.25 |
$5.12 |
$2.13 |
Not specified |
||
$7.25 |
$2.90 |
$4.35 |
More than $30 |
||
$7.25 |
40% |
$2.13 |
More than $20 |
||
$7.25 |
$5.12 |
$2.13 |
More than $30 |
||
$7.50 |
50% |
$3.75 |
More than $20 |
||
$7.25 |
up to 50% |
$3.63 |
More than $30 |
||
$8.00 |
$5.37 |
$2.63 |
More than $20 |
||
$7.40 |
$4.75 |
$2.65 |
Not specified |
||
$7.25 |
$3.62 |
$3.63 |
Not specified |
||
$7.25 |
$5.12 |
$2.13 |
Not specified |
||
$7.25 |
55% |
45% |
More than $30 |
||
$7.25 |
$5.12 3 |
$2.13 |
Not specified |
||
$7.50 |
$5.37 |
$2.13 |
More than $30 |
||
$7.25 |
$5.12 |
$2.13 |
Not specified |
||
Food service workers |
|
$2.25 |
$5.00 |
||
Service Employees in All Establishments |
|
$1.60 |
$5.65 |
||
Service Employees in Resort Hotels if tips at least $4.10 per hour |
$2.35 |
$4.90 |
|||
Chambermaids (Resort Hotels) |
|||||
Chambermaids averaging between $1.10 and $4.10 per hour in tips |
|
$1.10 |
$6.15 |
||
Chambermaids averaging $4.10 per hour or more in tips |
|
$2.35 |
$4.90 |
||
North Carolina 4 |
$7.25 |
$5.12 |
$2.13 |
More than $20 |
|
$7.25 |
33% |
$4.86 |
More than $30 |
||
Ohio 5 |
$7.70 |
50% |
$3.85 |
More than $30 |
|
Oklahoma 6 |
$7.25 |
50% 3 |
$3.63 |
Not specified |
|
$7.25 |
$4.42 |
$2.83 |
More than $30 |
||
$7.40 |
$4.51 |
$2.89 |
Not specified |
||
$7.25 |
$5.12 3 |
$2.13 |
More than $35 |
||
$7.25 |
$5.12 |
$2.13 |
More than $20 |
||
$7.25 |
$5.12 |
$2.13 |
More than $30 |
||
Vermont
|
|
$8.46 |
$4.36 |
$4.10 |
More than $120
|
All other employees |
|
None |
$6.25 |
||
$7.25 |
$5.12 |
$2.13 |
Not specified |
||
$7.25 |
$5.12 |
$2.13 |
Not specified |
||
West Virginia 7 |
$7.25 |
$1.45 |
$5.80 |
Not specified |
|
Wisconsin 8 |
$7.25 |
$4.92 |
$2.33 |
Not specified |
|
$5.15 |
$3.02 |
$2.13 |
More than $30 |
The following five states, not included in table, do not have State minimum wage laws: Alabama, Mississippi, South Carolina, and Tennessee. Also not included is Georgia, which exempts tipped employee under the law.
Some states set subminimum rates for minors and/or students or exempt them from coverage, or have a training wage for new hires. Such differential provisions are not displayed in this table.
FOOTNOTES
1 Other additional deductions are permitted, for example for meals and lodging, except as noted in footnote 8 .
2 Minnesota. A large employer is an enterprise with annual receipts of $625,000 or more; a small employer, less than $625,000.
3 In New Jersey , Oklahoma , and South Dakota , the listed maximum credit is the total amount allowable for tips, food and lodging combined, not for tips alone as in other states.
Regarding Oklahoma , when a food and/or lodging credit is not involved, the wage tip credit is limited to $2.13 per hour.
In New Jersey , in specific situations where the employer can prove to the satisfaction of the labor department that the tips actually received exceed the creditable amount, a higher tip credit may be taken.
4 North Carolina . tip credit is not permitted unless the employer obtains from each employee, monthly or for each pay period, a signed certification of the amount of tips received.
5 Ohio . The minimum cash wage for tipped employees of employers with gross annual sales in excess of $255,000 is $3.50 per hour (plus tips). For tipped employees of employers with gross annual sales of less than $255,000, the tipped employee hourly rate is $2.93 per hour (plus tips).
6 Oklahoma . For employers with fewer than 10 full-time employees at any one location who have gross annual sales of $100,000 or less, the basic minimum rate is $2.00 per hour, with a 50% maximum tip credit.
7 West Virginia . For employers with six or more employees and for state agencies.
8 Wisconsin . $2.13 per hour may be paid to employees who are not yet 20 years old and who have been in employment status with a particular employer for 90 or fewer consecutive calendar days from the date of initial employment.
Prepared By :
Division of Communications
Wage and Hour Division
U.S. Department of Labor
This document was last revised in December 2011.