What is the minimum wage for tipped workers?
In North Dakota, the minimum wage for tipped workers is $4.86 per hour as of 2021. That means that an employee who makes tips must still earn at least $4.86 per hour even when the tips are taken into account. The wage rate for tipped employees is lower than the regular minimum wage of $7.25 per hour, and no more than $3.39 of the tipped wages can be credited against the regular minimum wage. Employers are also responsible for making up the difference if the employee does not earn enough in tips to meet the minimum wage requirement. The wage rate for tipped employees is actually higher than the federal minimum wage of $2.13, which demonstrates that North Dakota is committed to protecting the rights of employees within the state. North Dakota is one of only seven states in the U.S. that have a higher minimum wage for tipped employees than the federal minimum wage. Tipped employees in North Dakota are entitled to the same legal protections as any other employee, and employers must follow the state’s wage and hour laws. This includes paying tipped employees at least the minimum wage for all hours worked and providing workers with overtime pay if they work more than 40 hours in a week.
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