July 24, 2009
| Jurisdiction | Future Effective Date | 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 | |||||
| Alaska | $7.25 | ||||
| California | $8.00 | ||||
| Guam | $6.55 | ||||
| Minnesota: | |||||
| Large employer 2 | $6.15 | ||||
| Small employer 2 | $5.25 | ||||
| Montana: | |||||
| Business with gross annual sales over $110,000 | $7.25 | ||||
| Business with gross annual sales of $110,000 or less | $4.00 | ||||
| Nevada | $7.55 $6.55 | With no health insurance benefits provided by employer and received by employee With health insurance benefits provided by employer and received by employee | |||
| Oregon | $8.40 3 | ||||
| Washington | $8.55 4 | ||||
| Minimum rate lower for tipped employees than for non-tipped | |||||
| New Mexico | $7.50 | $5.37 | $2.13 | More than $30 | |
| Puerto Rico 5 | |||||
| STATE LAW ALLOWS TIP CREDIT | |||||
| Arizona | $7.25 | $3.00 | $4.25 | Not specified | |
| Arkansas | $6.25 | $2.62 | $3.63 | More than $20 | |
| Colorado | $7.28 | $3.02 | $4.26 | More than $30 | |
| Connecticut | $8.00 | 31.0% | $5.52 | 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 | $2.52 | $5.52 | |||
| Bartenders | 11% | $7.12 | |||
| Any other industry | $0.35 | $7.65 | |||
| Delaware | $7.25 | $5.02 | $2.23 | More than $30 | |
| District of Columbia | $8.25 | $5.48 | $2.77 | Not specified | |
| Florida | $7.25 | $3.02 | $4.23 | ||
| Hawaii | $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) | |||||
| Idaho | $7.25 | $3.90 | $3.35 | More than $30 | |
| Illinois | $8.00 | 40% | $4.80 | $20 | |
| Indiana | $7.25 | $5.12 | $2.13 | Not specified | |
| Iowa | $7.25 | $2.90 | $4.35 | More than $30 | |
| Kansas | $2.65 | 40% | $1.59 | More than $20 | |
| Kentucky | $7.25 | $5.12 | $2.13 | More than $30 | |
| Maine | $7.25 | 50% | $3.63 | More than $20 | |
| Maryland | $7.25 | up to 50% | $3.63 | More than $30 | |
| Massachusetts | $8.00 | $5.37 | $2.63 | More than $20 | |
| Michigan | $7.40 | $4.50 | $2.65 | Not specified | |
| Missouri | $7.25 | $3.62 | $3.63 | Not specified | |
| Nebraska | $7.25 | $5.12 | $2.13 | Not specified | |
| New Hampshire | $7.25 | 55% | 45% | More than $30 | |
| New Jersey | $7.25 | $5.12 6 | $2.13 | Not specified | |
| New York | $7.25 | under review | under review | Not specified | |
| Building service | None | $7.25 | |||
| Restaurant industry | |||||
| Food service workers | $2.60 | $4.65 | |||
| All other workers | |||||
| Employees averaging between $1.60 and $2.35 per hour in tips. | $1.60 | $5.65 | |||
| Employees averaging $2.35 per hour or more in tips. | $2.35 | $4.90 | |||
| Hotel industry | |||||
| Food service workers | $2.60 | $4.65 | |||
| All other workers (all year and resort hotels) | |||||
| Employees averaging between $1.60 and $2.35 per hour in tips | $1.60 | $5.65 | |||
| Employees averaging $2.35 per hour or more in tips | $2.35 | $4.90 | |||
| All other workers averaging more than $4.10 per hour in tips | $2.90 | $4.35 | |||
| Chambermaids (Resort Hotels only) | |||||
| Chambermaids averaging between $1.10 and $4.10 per hour in tips | $1.10 | $6.15 | |||
| Employees averaging $4.10 per hour or more in tips | $2.35 | $4.90 | |||
| Miscellaneous Industries | |||||
| Employees averaging between $1.10 and $1.75 per hour in tips | $1.10 | $6.15 | |||
| Employees averaging more than $1.75 per hour in tips | $1.75 | $5.50 | |||
| North Carolina 7 | $7.25 | $5.12 | $2.13 | More than $20 | |
| North Dakota | $7.25 | 33% | $4.86 | More than $30 | |
| Ohio 8 | $7.30 | 50% | $3.65 | More than $30 | |
| Oklahoma 9 | $7.25 | 50% 6 | $3.63 | Not specified | |
| Pennsylvania | $7.25 | $4.42 | $2.83 | More than $30 | |
| Rhode Island | $7.40 | $4.51 | $2.89 | Not specified | |
| South Dakota | $7.25 | $5.12 6 | $2.13 | More than $35 | |
| Texas | $7.25 | $5.12 | $2.13 | More than $20 | |
| Utah | $7.25 | $5.12 | $2.13 | More than $30 | |
| Vermont Employees in hotels, motels, tourist places, and restaurants who customarily and regularly receive tips for direct and personal customer service. | $8.06 | $4.15 | $3.91 | More than $120 | |
| All other employees | None | $6.25 | |||
| Virginia | $7.25 | Up to 100% of MW | $0.00 if tips equal MW | Not specified | |
| Virgin Islands | |||||
| Tourist Service and Restaurant industries | $6.15 | 50% | $3.075 | Not specified | |
| All other industries | $6.15 | None | $4.65 | ||
| West Virginia 10 | $7.25 | $1.45 | $5.80 | Not specified | |
| Wisconsin 11 | $7.25 | $4.92 | $2.33 | Not specified | |
| Wyoming | $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 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 Oregon. Beginning January 1, 2004, and annually thereafter, the rate will be adjusted for inflation by a calculation using the U.S. City Average Consumer Price Index for All Urban Consumers for All Items. The wage amount established will be rounded to the nearest five cents.
4 Washington . Beginning January 1, 2001, and annually thereafter, the rate will be adjusted for inflation by a calculation using the consumer price index for urban wage earners and clerical workers for the prior year.
5 Puerto Rico . Rates are established by industry wage orders (mandatory decrees) and vary by industry, occupation or other factors. However, for employers not covered by the FLSA, a new minimum rate equivalent to 70% of the Federal minimum wage ($3.61 p.h.) supersedes all mandatory decree rates below that level, with the mandatory decree program being eventually phased out. A tip credit allowance is permitted in, 1) the restaurant, bar and soda fountain industry, which has a $3.70 minimum wage for all employees, and 2) the guest house industry, with a minimum of $2.75, but only for those employees who were hired after July 27, 1998. In addition, a lower rate is established for tipped occupations than for non tipped in the hotel industry. For hotel waiters and bellboys, the minimum wage is $2.50 or $2.25, depending on whether annual gross income is $362,500 or more or less than this amount.
6 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.
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.
7 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.
8 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).
9 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.
10 West Virginia . For employers with six or more employees and for state agencies.
11 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 :
Office of Performance, Budget, and Departmental Liaison
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
This document was last revised in July 2009.