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Employee Rights   >   Tipped Employees in New York

Back Tipped Employees in New York

Employees who earn tips are paid differently.  New York’s wage and hour laws allow employers to deduct a “tip credit” from the typical hourly minimum wage for certain employees, as long as the employee earns a sufficient amount of tips during each shift.  The following are the minimum wages for workers who earn tips:

  • Food service worker (waiter, busboy)-- $4.60 per hour minimum and overtime $8.18 per hour
  • Other tipped worker (restaurant delivery)--$4.85 per hour minimum and overtime $8.43 per hour
  • Any other industry, tipped worker (e.g., laundry delivery)--$5.40 per hour minimum and overtime $8.98 per hour

An employer is not entitled to a portion of an employee’s tips and may not require that tips be pooled or shared with non-service employees.  A restaurant owner may, however, share with non-service personnel a portion of the percentage service charge added to the bill for a banquet or other special function and may also retain a small portion of the service charge as a handling fee for the benefit of the restaurant.

Finally, employers may also deduct certain expenses from the minimum wage including the cost of meals and lodging provided to the employee.

About the Author

Raymond Nardo
129 Third Street
Mineola, New York 11501
P: (516)248-2121
F: (516)742-7675

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