That is, for the time spent performing the related non-tipped duties, the employer must pay the full state minimum hourly wage. However, in NJ, when a tipped employee spends more than 20 percent of their time performing related non-tipped duties, the employer is prohibited from taking a tip credit for the time spent performing the related non-tipped duties. Pam’s employer must pay her the difference of $2.87 ($5.13 + $5 + $2.87 = $13) to ensure she receives at least the State minimum hourly wage of $13/hour.Ī tipped employee may spend some time performing non-tipped duties related to their tipped work. Now an hourly cash wage of $5.13 plus $5 an hour in tips equals $10.13, which is below the full state minimum hourly wage. During this work week, she worked 40 hours and made $200 in tips, or $5 an hour. In the next work week, with most customers now ordering takeout, Pam’s tips are down.So, this use by the employer of the maximum tip credit is lawful. During this work week, Pam received $17.63 an hour, which is above the minimum wage of $13 an hour. Her employer applied the maximum tip credit of $7.87 per hour against the full state minimum hourly wage of $13, and paid her a cash wage of $5.13. In one work week, she worked 40 hours and earned $500 in tips, or $12.50 an hour in tips.
If the minimum cash wage plus the tips received by an employee do not equal at least the full state minimum hourly wage, then the employer must pay the employee the difference. Click here to see a chart of New Jersey's minimum wage. Information for Working Parents and CaregiversĮffective January 1, 2022, employers applying a tip credit must pay tipped employees a minimum of $5.13 per hour.Federal and State Extended Unemployment Benefits.