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State Info

Tips - Virginia

RegSenseState InfoWage and HourAssociate Benefits & CompensationTipsVirginiaBest ResultsEnglishFocus AreaHuman Resources

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 federal 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.

Virginia regulations at § 40.1-28.9(D) do not mention a tip credit. It is up to the employer to determine if the employee could keep all tips received. Regardless, the employer must pay all employees the minimum wage as stated in §40.1-28.10.

State

Contact

Virginia Department of Labor and Industry

Regulations

Title 40.1 Labor and Employment, Chapter 3 Protection for Employees, Section §40.1-28.9 - Definition of terms

Federal

Contact

Wage and Hour Division

Regulations

29 CFR 516.28

['Wage and Hour']
['Tips']
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