Wages and Hours
Work Hours and
Other Pay Issues
|| Frequently Asked Questions
Under the Fair Labor Standards Act (FLSA), a "tipped employee" is one that engages in an occupation in which he or she
customarily and regularly receives more than $30 per month in tips. An employer
of a tipped employee is only required to pay $2.13 per hour in direct wages if
that amount, combined with the tips received, at least equals the federal minimum
wage. If the employee's tips, combined with the employer's direct wages of at
least $2.13 per hour, do not equal the applicable federal minimum hourly wage, the employer
must make up the difference. Many states, however, require higher direct wage
amounts for tipped employees. The FLSA is administered and enforced by the Wage and Hour Division of the Employment Standards Administration.
- Tipped Employees
Fact Sheet - Provides general information concerning the application of
the Fair Labor Standards Act (FLSA) to employees who receive tips.
- elaws FLSA Advisor - Addresses key wage and hour topics, including what the FLSA
does and does not require.
- Employment Standards Administration (ESA)
Wage and Hour Division
200 Constitution Avenue, NW
Washington, DC 20210
Tel: 1-866-4USWAGE (1-866-487-9243)
- For questions on other DOL laws,
please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol
for Compliance Assistance Inquiries, information provided by a telephone caller
will be kept confidential within the bounds of the law. Compliance assistance
inquiries will not trigger an inspection, audit, investigation, etc.