New York · Wages · Updated April 2026

New York allows a tip credit — but only if tips actually close the gap.

Unlike California, New York allows employers to count tips toward minimum wage. But the structure is strict: tipped service employees must earn at least $14.15/hr cash wage downstate ($13.35 upstate); tipped food service workers must earn at least $11.35/hr cash ($10.70 upstate). If actual tips don't bring the worker up to the full minimum wage, the employer must make up the difference.

Service Cash Wage
$14.15 downstate
Food Service Cash
$11.35 downstate
Authority
12 NYCRR Part 146
Active

Tipped Minimum Wage Compliance

Configures tipped roles with the correct cash wage and tip credit ratios. Tracks tip income per shift. Auto-trues-up wages when actual tips don't bring the worker to the full minimum wage.

Block tipped role save below cash wage minimum
Critical · trueup required when tips < tip credit
Always running

What the rule does when tips fall short of the credit.

The hero card configuration: Block on cash wage too low, Critical on shortfall trueup. Here's what each does at runtime.

Block · cash wage below regulatory minimum

Tipped service: cash wage must be ≥$14.15 downstate / $13.35 upstate. Tipped food service: cash wage must be ≥$11.35 downstate / $10.70 upstate. Below these floors, the role configuration fails to save.

Critical · shortfall trueup

If a tipped worker's actual tips don't bring them to the full regional minimum ($17 / $16), Teambridge auto-trues up wages to fill the gap. The trueup is a separate line item on the wage statement.

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The rule, plainly stated

Tip credit is an allowance, not a guarantee.

Employers can take a tip credit only if (a) they pay at least the cash-wage minimum, (b) they notify workers in writing about the tip credit, and (c) actual tips bring total compensation to at least the full minimum wage.

12 NYCRR Part 146-1.3: An employer may take a credit toward the basic minimum hourly rate if a service employee or food service worker receives enough tips and if the employee has been notified of the tip credit. The amount of the credit shall not exceed the difference between the basic minimum hourly rate set forth in section 146-1.2 and the cash wage paid to the employee.

Service vs. food service distinction

A 'tipped service employee' (e.g., hotel valet, manicurist, taxi driver, parking attendant) gets a smaller tip credit. A 'tipped food service worker' (e.g., server, bartender, busser) gets a larger tip credit. The role classification matters — applying food service rates to a non-food-service employee creates wage exposure.

Written notice required

Employers must give tipped workers a written notice (in English and the worker's primary language) explaining: their cash wage, their tip credit, and that they must be paid the full minimum wage if tips don't make up the difference. NYSDOL provides templates. Without proper notice, the employer cannot take any tip credit at all — full minimum owed.

On autopilot

Teambridge tracks tip income, side work, and the trueup math.

Tip credit compliance is structurally simple but operationally where most NY hospitality employers fail. Teambridge handles the math and the side-work tracking by default.

01 · Role classification

Service vs. food service tag.

Tipped roles are tagged at config time as 'service' (smaller tip credit) or 'food service' (larger tip credit). The tag persists with the role and determines the cash wage minimum.

02 · Tip declaration per shift

Workers declare cash + card tips.

End of shift, workers declare cash tips via the worker app. Card tips come in via POS integration. Per-shift tip total is logged.

03 · Trueup at payroll close

Auto-fills shortfall.

If a worker's total compensation (cash wage + tips) for the workweek falls below the full minimum wage × hours worked, Teambridge calculates the shortfall and adds it as a trueup line on the wage statement.

04 · 80/20 side-work tracking

Non-tip-producing work flagged.

Roles can be configured with task-level tip eligibility. Hours spent on non-tip-producing work (prep, cleaning, restocking) tag separately. If non-tip-producing time exceeds 20% of shift, those hours pay full minimum (no credit).

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FAQ

People also ask.

Does New York allow a tip credit?
Yes. New York permits a tip credit, with separate structures for tipped service employees and tipped food service workers. This is different from California, which prohibits tip credits entirely.
What's the difference between 'service' and 'food service' workers?
Tipped service employees (hotel valets, manicurists, parking attendants, etc.) get a smaller tip credit. Tipped food service workers (servers, bartenders, bussers, hosts) get a larger tip credit. Cash-wage minimums differ accordingly.
What's the cash wage for tipped food service workers?
$11.35/hour downstate (NYC, Nassau, Suffolk, Westchester) and $10.70/hour upstate, effective January 1, 2026. Tip credit can bridge the gap to the full minimum, but tips must actually do so or the employer must true up.
What's the 80/20 rule?
If a tipped worker spends more than 20% of their time on non-tip-producing work (prep, cleaning, restocking), the employer cannot take a tip credit on those hours — they must pay full minimum wage. Tracking this 'side work' is critical for compliance.
What happens if tips don't bring the worker to minimum wage?
The employer must make up the difference (called a 'trueup'). If a worker's cash wage plus actual tips falls below the full minimum wage for the workweek, the employer owes the shortfall as wages. Teambridge calculates and pays this automatically.
Can managers participate in tip pools?
No. Tip pools may include only employees who 'customarily and regularly receive tips.' Including managers, supervisors, or back-of-house workers (cooks, dishwashers) voids the tip credit entirely and creates wage-theft exposure.