What is the NY minimum wage for Food Service Workers for jobs in New York?

For covered employees, the New York State Minimum Wage rate is US$7.15 US$7.25 per hour as of Friday, July 24, 2009. This amount may be modified based upon a number of factors.

For example, Food Service workers (Ex. waiters & waitresses)  as of Saturday, January 1, 2011 who earn at least US$2.60 US$2.25 per hour in tips can be paid at a minimum wage rate of US$4.65 US$5.00 per hour.

Also, different rates exist for other types of service employees, specified within a set of regulations called a “Wage Order“, which addresses the unique aspects of each industry or occupation. Such an example are that for a food delivery person who must be paid a minimum of US$5.65 per hour with an allowable tip credit of only US$1.60 per hour.

Is your tip consider part of your wage? An employer can consider tips as part of of your wages, but must pay at least US$2.13 an hour in direct wages. If your tips combined with the employer’s wage of US$2.13 per hour do not equal the hourly minimum wage, then your employer is required to make up the difference according to the Fair Labor Standards Act.

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