Minimum Wage for Tipped Workers in 2021 in New York State
Minimum hourly rates for tipped workers in NYS
Minimum hourly rates that employers must pay to tipped workers in 2021 are here
New York State law allows employers in all industries other than building service to satisfy the minimum wage by combining a “cash wage” paid by the employer with a credit or allowance for tips that the employee receives from customers. For example, the minimum wage for food service workers in New York City is $15.00 per hour. Their employers can satisfy the minimum wage by combining a cash wage of at least $10.00 with a tip allowance of no more than $5.00 per hour.
No tip credit is available in the building service Industry. The tip credit is not available when weekly tips average less than the minimum amount specified for the location and size of employer.
As of December 31, 2020, tip allowances are not permitted in miscellaneous industries (all other industries except hospitality, farmworkers, and building service). Employers are not permitted to keep or retain any portion of a tip that an employee receives
For tipped workers, employers must pay overtime hours worked at time-and-one-half the minimum wage rate, less the applicable tip credit.
