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I need help understanding the minimum wage law for

server/cashier at a restaurant who...
I need help understanding the minimum wage law for server/cashier at a restaurant who makes tip. Can you help me understand the section below?§ 146-1.3. Tip credits.
An employer may take a credit towards the basic minimum hourly rate if a service employee or food service
worker receives enough tips and if the employee has been notified of the tip credit as required in section 146-2.2
of this Part. Such employees shall be considered “tipped employees.”
(a) Tip credits for service employees. A service employee shall receive a wage of at least the hourly Cash
Wage rate listed below, and credit for tips shall not exceed the hourly Credit rate listed below, provided that the
weekly average of tips is at least the hourly Tip Threshold rate listed below and the total of tips received plus
wages equals or exceeds the basic minimum hourly rate pursuant to section 146-1.2 of this Subpart.
(1) General. For service employees (other than at resort hotels) employed in
(i) New York City by(a) Large Employers of eleven or more employees
$9.15 Cash Wage, $1.85 Credit, $2.40 Tip Threshold on and after December 31, 2016;
$10.85 Cash Wage, $2.15 Credit, $2.80 Tip Threshold on and after December 31, 2017;
$12.50 Cash Wage, $2.50 Credit, $3.25 Tip Threshold on and after December 31, 2018;
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Answered in 1 hour by:
5/25/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
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What this means is that there is a certai amount per hour employees must get to be considered "tipped" and eligible for a credit. First, to be a tipped employee the employee for example in 2017 would need to get at least $2.40 an hour on average in tips. Second, a tipped employee getting $2.40 per hour in tips could be paid $9.15 an hour; this represents a $1.85 credit against what would normally be a $11.00 an hour min wage.

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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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