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Summary of difference between federal and state regulations

There are certain instances where employers can pay employees at a rate lower than the minimum hourly wage specified by the Fair Labor Standards Act. The most common instance pertains to an employee who earns tips. The employer can deduct the amount of the tips (but only up to a certain maximum amount) from the hourly wage.

Effective January 1, 2015, tipped employees must be paid a basic rate of at least one-half the state minimum wage. A tipped employee will be anyone customarily and regularly receiving more than $120.00 a month. If the combination of basic wage rate plus the amount of tips does not average at least minimum wage, employers must make up the difference.

Federal

Contact

Wage and Hour Division

Regulations

29 CFR 516.28

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['Wage and Hour']
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