Overview Compliance Assistance Materials Basic Information Fact Sheets E-Tools Applicable Laws and Regulations Related Topics and Links DOL Contacts Return to Work Hours and Other Pay Issues

Frequently Asked Questions What is the minimum wage for workers who receive tips? How are "wages" defined by the Occupational Employment Statistics (OES) survey? more ...

OVERVIEW

Under the Fair Labor Standards Act (FLSA), a "tipped employee" is one that engages in an occupation in which he or she customarily and regularly receives more than $30 per month in tips. An employer of a tipped employee is only required to pay $2.13 per hour in direct wages if that amount, combined with the tips received, at least equals the federal minimum wage. If the employee's tips, combined with the employer's direct wages of at least $2.13 per hour, do not equal the applicable federal minimum hourly wage, the employer must make up the difference. Many states, however, require higher direct wage amounts for tipped employees. The FLSA is administered and enforced by the Wage and Hour Division of the Employment Standards Administration.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

• Employment Law Guide - Minimum Wage and Overtime Pay Provides information on the minimum wage, overtime pay, and recordkeeping standards of the FLSA.
• Minimum Hourly Cash Wages for Tipped Employees Under Minimum Wage Laws - A listing of wage and tip amounts required to be paid to tipped employees as determined by state law.
• Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA, including what the Act does and does not require.
• Questions and Answers About the FLSA
• Filing a complaint - DOL's Wage and Hour Division manages complaints regarding violations of the various laws and regulations it administers. To file a complaint concerning one of these laws, contact your nearest Wage and Hour Division office or call the Department's Toll-Free Wage and Hour Helpline at 1-866-4-US-WAGE.

FACT SHEETS

• Tipped Employees Fact Sheet - Provides general information concerning the application of the Fair Labor Standards Act (FLSA) to employees who receive tips.

E-TOOLS

• elaws FLSA Advisor - Addresses key wage and hour topics, including what the FLSA does and does not require.

APPLICABLE LAWS AND REGULATIONS

• The Fair Labor Standards Act (FLSA) - Establishes minimum wages, overtime pay, recordkeeping and child labor standards for private sector and government workers.
• 29 CFR Part 531 - Regulations on wage payments under the FLSA.

RELATED TOPICS AND LINKS

• State Departments of Labor Web Sites - Links to state departments of labor web sites and contact information for each department.

DOL CONTACTS*

• Employment Standards Administration (ESA)
  Wage and Hour Division
  200 Constitution Avenue, NW
  Room S-3502
  Washington, DC 20210
  Contact WHD
  Tel: 1-866-4USWAGE (1-866-487-9243)
  TTY: 1-877-889-5627
  Local Offices

• For questions on other DOL laws,
  please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
  Tel: 1-866-4-USA-DOL
  TTY: 1-877-889-5627

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.