The rules and routines that make restaurant payroll different, from tip credits to overtime for servers, explained in plain language.
Compared with most businesses, restaurants have more employees per dollar of sales, high turnover, many part-time schedules, cash and card tips, tip sharing and employees who work more than one role. Each of these adds payroll steps. Getting the basics right protects your team’s pay and your business from back-wage claims. Our guides on restaurant labor cost percentage and tip-outs cover related topics.
To total hours with breaks and overtime, use our time card calculator.
Under the FLSA, a tipped employee is one who customarily and regularly receives more than $30 a month in tips. For these employees, federal law allows:
Many states set a higher minimum wage, a higher tipped cash wage or do not allow a tip credit at all, and some cities set their own minimums. Always apply the rule that gives the employee the most. Our glossary entry on the tip credit has more detail.
Overtime for a tipped employee is calculated on the full minimum wage, not on the cash wage. Under federal law, with a $2.13 cash wage and a $5.12 tip credit, the overtime rate is 1.5 x $7.25 = $10.88, minus the same $5.12 tip credit, so the employer pays a cash overtime wage of at least $5.76 per hour. Where state minimum wages are higher, the figures are higher too. Our overtime calculator helps check the math.
These are summaries of IRS rules; confirm the details for your business with a tax professional.
A server who also hosts, a cook who also washes dishes or a bartender who also manages the floor may be paid different rates for different work. For each workweek, the overtime rate is generally based on a weighted average of all rates, as explained in our regular rate guide. For tipped employees, time spent on non-tipped duties can affect whether the tip credit may be taken for that time. The DOL’s rule on this “dual jobs” question was set aside by a federal court in 2024, so check current guidance and your state’s rules before taking a tip credit for side work.
Restaurants often run split shifts, early sends and late closes. Depending on your state, these can trigger split shift premiums, reporting time pay, meal and rest break penalties or, in some cities, predictive scheduling pay. Build these rules into your scheduling and payroll setup.
Tips belong to the employee. An employer may require a tip pool, but managers and supervisors may not keep any part of employees’ tips, and the employer may never keep tips for itself. When the employer takes a tip credit, a mandatory pool may include only employees who customarily and regularly receive tips, such as servers, bussers and bartenders. When no tip credit is taken, federal rules allow a pool that also includes back-of-house staff like cooks and dishwashers, though some states are stricter. Write the pool rules down, share them with staff before they apply and keep a record of each distribution.
Keeping these records together makes it much easier to answer a wage question from an employee or an agency. See our guide to record retention for how long to keep them.
Every step above starts with accurate hours by employee and role. EZTime lets staff clock in on a shared tablet, the mobile app or NFC, records breaks, and gives managers hours by role for each shift, so tip pools, tip credits and overtime are calculated from real data. Approved hours export for your payroll provider. See EZTime for restaurants.
$2.13 per hour in cash wages, with a tip credit of up to $5.12, as long as wages plus tips reach at least $7.25 per hour. Many states require more.
On the full minimum wage. Under federal law, the overtime rate is $10.88 per hour, minus the tip credit, so at least $5.76 per hour in cash.
Employees who receive $20 or more in tips in a month must report them to the employer.
The employer must pay the difference so that the employee receives at least the minimum wage for the workweek.
No. Several states require the full state minimum wage before tips. Check your state’s rules.
Because EzTip runs inside EZTime, the tip pool can be split using the same hours that go to payroll. See current plans and what each one includes on the pricing page.