Your employer may be able to pay you less than the normal minimum wage if:

  1. you regularly receive tips as part of your job;
  2. your hourly tips and wage add up to at least the normal minimum wage;
  3. your employer informed you that it is paying you less than the minimum wage because you regularly receive tips; and
  4. the employer keeps a weekly record of the amount of tips you earned each week

Even if all of the above is true, the employer is still required to pay you at least the following, depending on your type of job:


Type of Job

Basic Hourly Rate

Overtime Rate (for hours worked after 40 in a week)

Restaurants or Hotel Service Employees

$5.65 /hr if your tips add up to at least $2.35/hr  $9.65/hr 

- Food service (e.g., wait staff)

$5.00 /hr if your tips add up to at least $3.00/hr

$9.00 /hr

Most Other Types of Business

$6.05/hr if your tips add up to at least $1.95 per hour


For more information, contact the New York Attorney General’s Labor Bureau at 212-416-8700, or the New York Department of Labor at or  (888) 1220469-7365.