Tipped Minimum Wage and the Tip Credit Explained (2026)
How the $2.13 tipped wage and $5.12 tip credit work, the make-up rule, states that ban it, and how tips flow into your real take-home pay.
Disclaimer: This article is for educational purposes only and is not tax, legal, or financial advice. Wage and tax rules change and vary by state, always check current DOL/IRS/state guidance or consult a professional.
If you work for tips, your pay stub probably looks different from a friend who earns a flat hourly wage. The hourly rate is lower, sometimes a lot lower, and tips fill the gap. This guide explains how that system works in plain English, written for the worker asking the question that actually matters: what will I take home?
We will cover the $2.13 federal cash wage, the tip credit that bridges it to $7.25, the rule that protects you on slow weeks, which states do it differently, and how all of it lands in your paycheck after taxes.
What is the tipped minimum wage?
The tipped minimum wage is the lower cash wage an employer can pay workers who regularly earn tips. Under the Fair Labor Standards Act (FLSA), the federal tipped cash wage is $2.13 per hour.
You count as a “tipped employee” under federal law if you customarily and regularly receive more than $30 a month in tips. Servers, bartenders, bussers, nail techs, and many delivery and salon workers fall into this group.
So why $2.13 when the standard federal minimum is $7.25? The idea is that tips make up the rest. The law lets the employer count a chunk of your tips toward the minimum wage instead of paying it all in cash. That chunk is the tip credit.
One detail tends to surprise people. The $2.13 figure has been frozen since 1991. The regular federal minimum wage has gone up over the years, but the tipped cash wage has not moved in more than three decades.
What is the tip credit and how does it work?
The tip credit is the dollar amount an employer is allowed to count from your tips toward meeting the minimum wage. Think of it as a discount on the cash the employer owes you, paid for out of your tips.
The federal math is simple:
- Federal minimum wage: $7.25/hour
- Federal tipped cash wage: $2.13/hour
- Maximum tip credit: $7.25 − $2.13 = $5.12/hour
So an employer can claim up to $5.12 per hour in tip credit. As long as your tips average at least $5.12 an hour, your total pay reaches $7.25 and the system works on paper.
An employer cannot just decide to pay $2.13 and call it a day, though. To take a tip credit, federal law requires the employer to meet four conditions:
- Notice. The employer must tell you, in advance, that it is taking a tip credit and explain the amounts involved.
- You keep your tips. All tips are yours, except for contributions to a valid tip pool.
- Valid tip pool. Any tip pooling must be among employees who customarily receive tips, and the pool must follow the rules.
- The $30 threshold. The tip credit applies only to employees who regularly get more than $30 a month in tips.
Skip any of these, and the employer loses the right to the tip credit. It then owes you the full $7.25 in cash, plus your tips on top.
The “make up the difference” rule
Here is the protection that matters most on a bad shift. If your tips plus your cash wage do not reach the full minimum wage for the workweek, your employer has to make up the difference.
Federal law guarantees you at least $7.25 per hour for every hour worked, measured by the workweek. Tips are not a gamble that can leave you below minimum wage. They are a supplement, and the employer is on the hook to backstop them.
A worked example makes it clear. Say you work 30 hours in a slow week:
- Cash wage: 30 hours × $2.13 = $63.90
- Minimum wage owed: 30 hours × $7.25 = $217.50
- Tip credit needed to bridge the gap: $153.60 (that is the $5.12 credit × 30 hours)
Now imagine the weather was bad and you only earned $110 in tips that week. Your cash wage ($63.90) plus tips ($110) equals $173.90, which is below the $217.50 you are owed. The employer must pay you the $43.60 difference so you hit the full minimum wage.
This is calculated per workweek, not per shift and not averaged across a month. A great Friday cannot be used to cancel out a dead Tuesday from a different week.
One Fair Wage states and state-by-state floors
The federal rules are the floor, not the ceiling. States can require a higher tipped cash wage, set a smaller tip credit, or ban the tip credit altogether. More than 30 states require a tipped cash wage above the federal $2.13.
Seven states ban the tip credit entirely. In these “One Fair Wage” states, employers must pay the full state minimum wage in cash, and tips come on top of that:
- Alaska
- California
- Minnesota
- Montana
- Nevada
- Oregon
- Washington
Washington, D.C. is phasing out its tip credit too, under Initiative 82, with the cash wage rising toward the full minimum over the next couple of years.
Then there is a wide middle tier of states that allow a tip credit but set a higher cash wage than $2.13. A few 2026 examples:
- Florida: tipped cash wage around $10.98 (through 9/30/26), with a fixed $3.02 tip credit allowance.
- Massachusetts: tipped cash wage of $6.75/hour.
- New York: higher tipped rates that vary by region and industry.
State figures change often, sometimes mid-year. For the current number where you work, check the DOL’s state tipped minimum wage table. Where the federal and state rules differ, the one more generous to you wins.
How tipped pay flows into your take-home pay
The wage floor is only half the story. What lands in your bank account is your gross pay minus taxes, and tips count as gross pay.
Your gross pay is your cash wage + reported tips (plus any overtime). From there, the usual deductions come out:
- Federal income tax, based on your W-4 and total earnings
- Social Security tax at 6.2%
- Medicare tax at 1.45%
- State income tax, if your state has one
Reported tips are taxed just like wages. That is why a server pulling strong tips can still see a meaningful gap between gross and net, and why tracking and reporting tips accurately matters at tax time. (For a deeper look at the 6.2% and 1.45% pieces, see our guide on FICA taxes.)
Overtime has a twist worth knowing. Overtime for tipped workers is calculated on the full $7.25 minimum wage, not the $2.13 cash wage. Time-and-a-half on $7.25 is $10.88. The employer can still apply the $5.12 tip credit, so your required overtime cash wage is $10.88 − $5.12 = $5.76 per hour. Some employers get this wrong by applying overtime to the $2.13 base, which shortchanges you.
Your real paycheck depends on your cash wage, your tips, your state, and your filing details, so a flat percentage estimate will not cut it. You can model your cash wage plus reported tips and see your actual net for any of the 50 states with the Pay44 paycheck calculator. That turns “I think I made X” into a real take-home number.
Tip credit vs. “no tax on tips” (don’t confuse them)
These two phrases get blurred together constantly, especially in 2026. They are not the same thing.
The tip credit is a wage-floor rule. It decides how much cash your employer must pay you per hour before any tax is calculated. It lives in employment law (the FLSA and state wage laws).
“No tax on tips” is a federal income-tax deduction. For tax years 2025 through 2028, eligible workers can deduct qualified tip income up to $25,000. It changes your taxable income, not your hourly wage. It lives in tax law (the IRS administers it).
In short: the tip credit affects your gross pay; “no tax on tips” affects how much of your tip income gets taxed. One does not replace or change the other. For the current rules and eligibility, see the IRS guidance on tips and overtime.
Frequently Asked Questions
What is the federal tipped minimum wage in 2026?
The federal tipped minimum cash wage is $2.13 per hour. That number has not changed since 1991. Your employer can pay this lower cash wage only if your tips bring your total hourly earnings up to at least the $7.25 federal minimum wage.
What is the tip credit and how much is it?
The tip credit is the amount an employer can count from your tips toward meeting the minimum wage. Federally it is up to $5.12 per hour, which is the gap between the $2.13 cash wage and the $7.25 minimum wage ($7.25 minus $2.13 equals $5.12). Many states set a lower maximum credit or ban it entirely.
What happens if my tips do not bring me up to minimum wage?
Your employer must make up the difference. Federal law requires that your cash wage plus tips equal at least $7.25 per hour for every workweek. If a slow week leaves you short, the employer has to pay the gap so you still earn the full minimum wage.
Which states do not allow a tip credit?
Seven states ban the tip credit and require the full minimum wage in cash before tips, Alaska, California, Minnesota, Montana, Nevada, Oregon, and Washington. Washington, D.C. is also phasing out its tip credit under Initiative 82.
Can my employer really pay me just $2.13 an hour?
Yes, but only under conditions. Your tips plus the $2.13 cash wage must reach at least $7.25 per hour each workweek, your employer must tell you in advance that it is taking a tip credit, and you must keep all your tips except for a valid tip pool. If those conditions are not met, you are owed the full minimum wage in cash.
How is overtime calculated for tipped employees?
Overtime is based on the full $7.25 minimum wage, not the $2.13 cash wage. Time-and-a-half on $7.25 is $10.88 per hour. The employer can still apply the $5.12 tip credit, so the required overtime cash wage is $10.88 minus $5.12, which equals $5.76 per hour.
Is the tip credit the same as “no tax on tips”?
No. The tip credit is a wage-floor rule that decides your hourly pay before taxes. “No tax on tips” is a separate federal income-tax deduction of up to $25,000 for tax years 2025 through 2028. One affects your gross pay, the other affects your taxable income.
How do tips affect my take-home pay and taxes?
Reported tips are part of your gross income, just like your cash wage. They are subject to federal income tax, Social Security tax (6.2%), Medicare tax (1.45%), and any state income tax. To see your real net pay, model your cash wage plus reported tips in the Pay44 paycheck calculator.
References
- DOL Fact Sheet #15: Tipped Employees Under the FLSA. The $2.13 cash wage, $5.12 maximum tip credit, the $30/month threshold, and the make-up-the-difference requirement.
- DOL: Minimum Wages for Tipped Employees (state table). Current state-by-state tipped cash wages, tip credits, and the states that ban the tip credit.
- DOL: Federal Minimum Wage. The $7.25 federal minimum wage that tipped pay must reach.
- IRS: Guidance for individuals who received tips or overtime (tax year 2025). Details on the separate “no tax on tips” deduction of up to $25,000.
Frequently Asked Questions
What is the federal tipped minimum wage in 2026?
The federal tipped minimum cash wage is $2.13 per hour. That number has not changed since 1991. Your employer can pay this lower cash wage only if your tips bring your total hourly earnings up to at least the $7.25 federal minimum wage.
What is the tip credit and how much is it?
The tip credit is the amount an employer can count from your tips toward meeting the minimum wage. Federally it is up to $5.12 per hour, which is the gap between the $2.13 cash wage and the $7.25 minimum wage ($7.25 minus $2.13 equals $5.12). Many states set a lower maximum credit or ban it entirely.
What happens if my tips do not bring me up to minimum wage?
Your employer must make up the difference. Federal law requires that your cash wage plus tips equal at least $7.25 per hour for every workweek. If a slow week leaves you short, the employer has to pay the gap so you still earn the full minimum wage.
Which states do not allow a tip credit?
Seven states ban the tip credit and require the full minimum wage in cash before tips, Alaska, California, Minnesota, Montana, Nevada, Oregon, and Washington. Washington, D.C. is also phasing out its tip credit under Initiative 82.
Can my employer really pay me just $2.13 an hour?
Yes, but only under conditions. Your tips plus the $2.13 cash wage must reach at least $7.25 per hour each workweek, your employer must tell you in advance that it is taking a tip credit, and you must keep all your tips except for a valid tip pool. If those conditions are not met, you are owed the full minimum wage in cash.
How is overtime calculated for tipped employees?
Overtime is based on the full $7.25 minimum wage, not the $2.13 cash wage. Time-and-a-half on $7.25 is $10.88 per hour. The employer can still apply the $5.12 tip credit, so the required overtime cash wage is $10.88 minus $5.12, which equals $5.76 per hour.
Is the tip credit the same as "no tax on tips"?
No. The tip credit is a wage-floor rule that decides your hourly pay before taxes. "No tax on tips" is a separate federal income-tax deduction of up to $25,000 for tax years 2025 through 2028. One affects your gross pay, the other affects your taxable income.
How do tips affect my take-home pay and taxes?
Reported tips are part of your gross income, just like your cash wage. They are subject to federal income tax, Social Security tax (6.2%), Medicare tax (1.45%), and any state income tax. To see your real net pay, model your cash wage plus reported tips in the Pay44 paycheck calculator.