West Babylon, NY asked in Employment Discrimination for New York

Q: Can a business owner of a restaurant require their servers to engage in minimum wage work responsibilities

Answering phone calls while taking tables

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1 Lawyer Answer
Charles Joseph
Charles Joseph
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: Restaurant employers are allowed to pay servers less than minimum wage if the servers’ wages plus their tips add up to at least the minimum wage for each hour worked. This is called a “tip credit.”

However, if a server performs non-tipped work for more than 2 hours OR more than 20% of their shift, whichever is less, the employer cannot take the tip credit for any hours the server worked that day.

You can read more about the legal protections for tipped employees at


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