Tip & Wage Theft Laws by State (2026)
About this article
Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | Tip rules | |
|---|---|---|
| Alabama | Ala. Code § 25-7-40 et seq. — Preemption of Local Wage Laws | See details |
| Alaska | Alaska Minimum Wage, No Tip Credit — Alaska Stat. § 23.10.065 | See details |
| Arizona | A.R.S. § 23-364 | See details |
| Arkansas | Arkansas Minimum Wage Act, Ark. Code § 11-4-201 et seq. | See details |
| California | Cal. Labor Code § 98 (Berman hearing) + § 351 (tip ownership) | California's free DLSE Berman hearing stacks 30-day waiting-time penalties (§ 203), mandatory attorney's fees (§ 1194), and liquidated damages (§ 1194.2) on top of unpaid wages — with a 3-year SOL. |
| Colorado | C.R.S. § 8-4-101 | See details |
| Connecticut | CGS § 31-71a et seq. — Connecticut Wage Payment Act | See details |
| Delaware | Delaware Minimum Wage — Tip Credit, 19 Del. C. § 902 | See details |
| District of Columbia | D.C. Tip Protections — tips belong to workers, D.C. Code § 32-1003(h) | See details |
| Florida | Fla. Stat. § 448.110 + 29 U.S.C. § 216(b) (FLSA) | Florida requires a § 448.110(6) 15-day pre-suit notice — but it unlocks double damages plus attorney's fees, stacked with federal FLSA claims for independent liquidated damages. |
| Georgia | 29 U.S.C. § 203(m) (FLSA tip credit) | See details |
| Hawaii | Hawaii Minimum Wage, No Tip Credit — HRS § 387-2 | See details |
| Idaho | Idaho Code § 44-1502 — minimum wage and tip credit ($3.35/hr tipped minimum) | See details |
| Illinois | 820 ILCS 115/14 (IWPCA — 5%/month damages + officer liability) | Illinois IWPCA stacks <em>5% per month</em> in statutory damages (not 2%), attorney's fees, and personal liability for officers — and it's all enforced by IDOL at zero cost. |
| Indiana | Indiana Wage Payment Statute, IC § 22-2-5 — timely wage payment requirements | See details |
| Iowa | Iowa Code § 91A.2 — Iowa Wage Payment Collection Law (timely payment; deduction rules) | See details |
| Kansas | K.S.A. § 44-313 — Kansas Wage Payment Act (timely payment requirements) | See details |
| Kentucky | KRS § 337.020 et seq. — Kentucky Wages and Hours Act | See details |
| Louisiana | Louisiana Final Paycheck Law, La. R.S. § 23:631 | See details |
| Maine | 26 M.R.S.A. § 664 — Maine minimum wage and tip credit | See details |
| Maryland | Maryland Wage Payment and Collection Law (tip theft remedies), MD Code, Labor & Employment § 3-501 et seq. | See details |
| Massachusetts | Mass. Gen. Laws ch. 149, § 152A | Massachusetts bans managers and owners from sharing in tip pools and awards mandatory triple damages plus attorney fees for any tip or wage violation. |
| Michigan | MCL § 408.939 (IWOWA — 3-year SOL, wage differential + equal liquidated damages + attorney fees) | Michigan doubles your recovery — MCL § 408.939 grants the wage differential PLUS an equal amount as liquidated damages, with no FLSA "good faith" defense, and LEO's wage complaint is free. |
| Minnesota | Minn. Stat. § 181.032 | See details |
| Mississippi | FLSA — minimum wage and tip credit, 29 U.S.C. § 203(m) and § 206 | See details |
| Missouri | Missouri Wage Payment Law, RSMo § 290.080 | See details |
| Montana | Mont. Code Ann. § 39-3-409 — minimum wage (no tip credit — full minimum wage required) | See details |
| Nebraska | Neb. Rev. Stat. § 48-1228 — Wage Payment and Collection Act | See details |
| Nevada | NRS 608 — Wages and Hours (Payment and Collection Act) | See details |
| New Hampshire | RSA 275:43 et seq. — NH wage payment requirements | See details |
| New Jersey | N.J.S.A. 34:11-4.10 (Wage Theft Act — 200% liquidated damages) | New Jersey's Wage Theft Act triples recovery (200% liquidated damages), gives you 6 years to file, and the Supreme Court held in 2025 that unpaid sales commissions count as wages. |
| New Mexico | NMSA § 50-4-19 et seq. — New Mexico Minimum Wage Act (tip credit and wage requirements) | See details |
| New York | N.Y. Labor Law § 196-d + § 663 + Penal Law § 155.00(1) | New York Labor Law § 196-d bans employers and managers from any tip participation — and wage theft is now larceny under Penal Law § 155.00(1), a felony over $1,000. |
| North Carolina | N.C. Gen. Stat. § 95-25.6 (NC Wage and Hour Act) | See details |
| North Dakota | N.D. Cent. Code § 34-14 — Wage Payment | See details |
| Ohio | Ohio Constitution, Art. II § 34a (with ORC § 4111.14 implementation) | Ohio's § 4111.14(G) records demand is nuclear: ignore it for 30 days and the burden of proof on hours and wages flips to the employer. Plus 3× total recovery + attorney fees under § 34a. |
| Oklahoma | Oklahoma Protection of Labor Act — Wage Payment, Okla. Stat. tit. 40 §§ 165.1–165.9 | See details |
| Oregon | ORS § 652.150 | See details |
| Pennsylvania | 43 P.S. § 260.10 (WPCL — 25%/$500 liquidated damages) | Pennsylvania's WPCL stacks 25%/$500 liquidated damages, a 10% Secretary's penalty, and attorney fees — and the 2022 tip rules forfeit the entire tip credit if your employer never gave you written notice. |
| Rhode Island | R.I. Gen. Laws § 28-12-3 — Rhode Island minimum wage | See details |
| South Carolina | SC Payment of Wages Act, S.C. Code § 41-10-10 et seq. | See details |
| South Dakota | SDCL § 60-11-3.1 — Tip Credit (50% of Minimum Wage) | See details |
| Tennessee | Federal FLSA, 29 U.S.C. § 203(m) (tips). 29 U.S.C. § 206 (minimum wage). 29 U.S.C. § 216(b) (private right of action). | See details |
| Texas | Tex. Labor Code § 61.051(c) — 180-day filing deadline | Texas wage claims must hit TWC within 180 days of the missed payday — § 61.051(c) is jurisdictional. Federal tip-pool violations under 29 U.S.C. § 203(m)(2)(B) double your recovery and pay your lawyer's fees. |
| Utah | Utah Payment of Wages Act — Utah Code § 34-28 | See details |
| Vermont | 21 V.S.A. § 384 — Vermont minimum wage and tip credit rules | See details |
| Virginia | Va. Code § 40.1-29(J)–(K) (treble damages + mandatory attorney fees for "knowing" wage theft) | Virginia triples your recovery for "knowing" wage theft — Va. Code § 40.1-29(J) awards 3× unpaid wages plus mandatory attorney fees, with "knowing" defined broadly to include reckless disregard. |
| Washington | RCW 49.52.070 | Washington awards 2× damages plus attorney fees for willful wage withholding — and bans employers from taking any portion of employee tips under RCW 49.46.020. |
| West Virginia | W. Va. Code § 21-5-1 et seq. — Wage Payment and Collection Act | See details |
| Wisconsin | Wis. Stat. § 109.01 et seq. — Wisconsin Wage Payment Act | See details |
| Wyoming | Wyo. Stat. § 27-4-202 — minimum wage and tip credit ($2.13/hr tipped minimum) | See details |
What is this right?
Wage theft is the most common labor violation in the country — and by far the largest property crime. The Economic Policy Institute estimates American workers lose more than $50 billion a year to it, which is more than the FBI's combined totals for all robberies, burglaries, and auto thefts in the same year. The DOL recovered roughly $232 million for workers in fiscal 2023 alone, and that's just the violations the agency caught.
The forms it takes are familiar: not paying overtime, paying below minimum wage, stealing tips, demanding off-the-clock work, misclassifying employees as independent contractors to dodge the FLSA, and making illegal deductions for breakage, uniforms, or till shortages. All of it is barred by the Fair Labor Standards Act and stronger state laws on top.
One critical update: the Consolidated Appropriations Act of 2018 made it explicit that employers, managers, and supervisors cannot keep any portion of employee tips, even through a mandatory tip pool. That closed a loophole some restaurants had been exploiting for years.
When does it apply?
This right applies when:
- Your employer takes a portion of your tips (unless part of a valid tip pool among tipped employees)
- You are not paid for all hours worked, including prep time, cleanup, or required training
- Your employer requires you to clock out but continue working
- Tip credits reduce your base pay below the effective minimum wage (tips + base must equal at least $7.25/hr)
- Your employer misclassifies you as an independent contractor to avoid paying minimum wage or overtime
Federal tip rules (updated 2021):
- Tips belong to the employee. Employers, managers, and supervisors cannot keep any portion of employee tips — this is federal law as of 2018.
- Tip pooling: Employers can require tip pooling, but only among employees who customarily receive tips (servers, bartenders, bussers). If the employer does NOT take a tip credit, the pool can include back-of-house workers (cooks, dishwashers).
- Tip credit: Employers can pay tipped employees as little as $2.13/hr if tips bring total compensation to at least $7.25/hr. If they don't, the employer must make up the difference.
- Service charges: Automatic service charges (e.g., mandatory gratuity on large parties) are NOT tips under federal law — they belong to the employer unless the employer distributes them to workers.
Common misconceptions:
- "My manager can take a cut of my tips" — No. The 2018 law explicitly prohibits employers, managers, and supervisors from retaining any employee tips. Violations can result in liquidated damages equal to the stolen tips.
- "If I'm paid a salary, I can't be a victim of wage theft" — Salaried workers can be victims too, especially through misclassification as exempt from overtime.
- "Independent contractors can't file wage theft claims" — If you are misclassified as a contractor but actually work as an employee (controlled schedule, required tools, single client), you can file a claim as a misclassified employee.
What to Do If Your Employer Is Stealing Your Wages or Tips
Step 1: Keep your own records. Hours, tips, pay received — every shift. A notebook, a spreadsheet, even photos of the schedule and your tip-out slip. Cases get won or lost on contemporaneous notes; memory alone is rarely enough in front of an investigator.
Step 2: Run the math against your pay stubs. Missing hours, smaller tips than you earned, unauthorized deductions, overtime that wasn't paid at 1.5×. Highlight the gaps and total them.
Step 3: Put it to your employer in writing. An email or text saying, "I worked X hours last week and was paid for Y; please correct the difference of $Z," creates a record and often produces a quiet correction.
Step 4: File if it doesn't get fixed. DOL Wage and Hour Division at 1-866-487-9243 or dol.gov. Your state labor department often has stronger protections — California, New York, and Massachusetts in particular.
Step 5: Talk to a wage attorney. Most work on contingency. Under the FLSA you can recover back wages plus an equal amount in liquidated damages (so effectively 2× your stolen pay) and attorney's fees. Class actions are common for systemic violations and can produce serious recoveries.
What should you NOT do?
Don't trust the employer's time records. Some employers quietly "correct" timecards after the fact. Your own contemporaneous log is admissible and can directly contradict the company's version.
Don't sit on it. FLSA gives you 2 years from each unpaid paycheck (3 if willful). Every month you wait is a month of damages falling off the back of your claim.
Don't dismiss small amounts. Five dollars off a shift, twice a week, for two years is over a thousand dollars — and that's before liquidated damages and fees. Class actions get certified on patterns this size.
Don't fear retaliation. Firing, demoting, or punishing a worker for filing a wage complaint is itself illegal under FLSA §15(a)(3) — and creates a separate, usually stronger, retaliation claim.
Worked example
ScenarioYour restaurant manager in Massachusetts keeps a cut of the nightly tip pool for the house.
OutcomeMassachusetts bars managers and owners from sharing in employee tip pools. A tip-law violation triggers mandatory triple damages plus attorney's fees under the Wage Act — so wrongfully taken tips can be recovered at three times their value.
Legal values (manager/owner tip-pool ban, mandatory triple damages under the Wage Act) are from the Massachusetts tip-wage-theft variation; see the Massachusetts section below.
You shouldn't have to hire a lawyer to assert your rights.
Answer a few questions. We generate a personalized letter citing your state's exact statutes, deadlines, and penalties — ready to print and send in minutes.
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See all 18 letter types →Common Questions
Can my manager or employer take my tips?
In most states, no — tips belong to the employees who earn them, and owners and managers generally cannot share in the tip pool. Taking employees' tips is a form of wage theft and can trigger significant penalties. Your state's section above explains the rules.
What are the rules for tip pooling?
Tip pooling among employees is generally allowed, but typically only among staff who customarily receive tips, such as servers and bartenders. Managers and owners usually can't take part. The specifics vary by state — see your state's section above.
How does the tip credit work?
An employer may count part of your tips toward the minimum wage and pay a lower cash wage, but the cash wage plus tips must still reach at least the full minimum wage. If it falls short, the employer must make up the difference.
What can I recover if my tips or wages were stolen?
Many states award double or triple damages plus attorney's fees for tip and wage violations, and several offer free state-agency enforcement. Your state's section above shows the damages available and the enforcement path where you work.
State-by-state details
Alabama
Primary statute: Ala. Code § 25-7-40 et seq. — Preemption of Local Wage Laws
Alabama has almost no state-level wage theft protections — workers rely almost entirely on federal law:
- No state minimum wage: Alabama has no state minimum wage law — the federal minimum of $7.25/hr applies
- No state wage theft statute: Alabama does not have a state-level wage theft or wage payment law — there is no state equivalent of other states' payment-of-wages acts
- No state enforcement agency: Alabama does not have a state agency that investigates wage complaints
- Federal FLSA is the only remedy: The federal FLSA is the sole enforcement mechanism for tip and wage theft in Alabama
- Preemption: Alabama preempts local governments from enacting wage ordinances (Ala. Code § 25-7-40 et seq.)
- Tipped employees are entitled to the federal tipped minimum wage of $2.13/hr, with tips making up the difference to $7.25/hr
Alaska
Primary statute: Alaska Minimum Wage, No Tip Credit — Alaska Stat. § 23.10.065
Full Alaska guide →Arizona
Primary statute: A.R.S. § 23-364
Arizona has specific wage protections for tipped workers under the Arizona Fair Wages and Healthy Families Act:
- Arizona minimum wage is $14.70/hr (2026), set by Proposition 206 with annual CPI adjustments
- Arizona allows a tip credit of up to $3.00/hr — tipped employees must be paid at least $11.70/hr in direct wages, and tips must bring total compensation to at least $14.70/hr
- If tips do not bring the employee's hourly rate to the minimum wage, the employer must make up the difference
- The Arizona Industrial Commission of Arizona (ICA) handles wage claims for unpaid or stolen wages
- The Arizona Fair Wages and Healthy Families Act (A.R.S. § 23-364) provides the framework for minimum wage and tip credit rules
- Employers who violate wage laws may owe back wages plus an equal amount in damages (liquidated damages)
Arkansas
Primary statute: Arkansas Minimum Wage Act, Ark. Code § 11-4-201 et seq.
Full Arkansas guide →California
Primary statute: Cal. Labor Code § 98 (Berman hearing) + § 351 (tip ownership)
California's free DLSE Berman hearing stacks 30-day waiting-time penalties (§ 203), mandatory attorney's fees (§ 1194), and liquidated damages (§ 1194.2) on top of unpaid wages — with a 3-year SOL.
Full California guide →Colorado
Primary statute: C.R.S. § 8-4-101
Full Colorado guide →Connecticut
Primary statute: CGS § 31-71a et seq. — Connecticut Wage Payment Act
Full Connecticut guide →Delaware
Primary statute: Delaware Minimum Wage — Tip Credit, 19 Del. C. § 902
Full Delaware guide →District of Columbia
Primary statute: D.C. Tip Protections — tips belong to workers, D.C. Code § 32-1003(h)
D.C. has strong protections against wage theft and tip stealing, with significant recent reforms:
- Initiative 82 (2022): D.C. voters passed Initiative 82 to gradually eliminate the tipped minimum wage. The tipped base wage is being phased up — as of 2025, tipped workers must receive at least $10.00/hr base wage before tips (increasing annually toward 75% of full minimum wage by 2034)
- D.C. Wage Theft Prevention Amendment Act (2014): Strengthened wage theft penalties. Employers who steal wages face treble damages (3x the unpaid amount) plus attorney fees and costs
- Tips belong to workers: Under D.C. Code § 32-1003(h), employers and managers cannot retain any portion of tips. Tip pooling is only allowed among employees who customarily receive tips
- Criminal penalties: Wage theft in D.C. can result in criminal prosecution by the D.C. Office of the Attorney General
- OAG enforcement: The D.C. Attorney General's Workers' Rights Bureau actively investigates and prosecutes wage theft, recovering millions annually for workers
Florida
Primary statute: Fla. Stat. § 448.110 + 29 U.S.C. § 216(b) (FLSA)
Florida requires a § 448.110(6) 15-day pre-suit notice — but it unlocks double damages plus attorney's fees, stacked with federal FLSA claims for independent liquidated damages.
Full Florida guide →Georgia
Primary statute: 29 U.S.C. § 203(m) (FLSA tip credit)
Full Georgia guide →Hawaii
Primary statute: Hawaii Minimum Wage, No Tip Credit — HRS § 387-2
Full Hawaii guide →Idaho
Primary statute: Idaho Code § 44-1502 — minimum wage and tip credit ($3.35/hr tipped minimum)
Full Idaho guide →Illinois
Primary statute: 820 ILCS 115/14 (IWPCA — 5%/month damages + officer liability)
Illinois IWPCA stacks <em>5% per month</em> in statutory damages (not 2%), attorney's fees, and personal liability for officers — and it's all enforced by IDOL at zero cost.
Full Illinois guide →Indiana
Primary statute: Indiana Wage Payment Statute, IC § 22-2-5 — timely wage payment requirements
Full Indiana guide →Iowa
Primary statute: Iowa Code § 91A.2 — Iowa Wage Payment Collection Law (timely payment; deduction rules)
Iowa tip and wage theft protections are governed by the Iowa Wage Payment Collection Law:
- The Iowa Wage Payment Collection Law (Iowa Code § 91A) is the primary wage enforcement statute — it covers timely payment, deductions, and disputes
- Iowa minimum wage is $7.25/hr (federal minimum, which Iowa has not exceeded); tipped employees may be paid $4.35/hr if tips bring total to at least $7.25/hr
- Employers must pay wages on regular, agreed-upon paydays — Iowa Code § 91A.3 requires at least semi-monthly payment
- Iowa does not have a standalone wage theft statute, but Iowa Code § 91A provides remedies including unpaid wages plus liquidated damages (up to the amount of unpaid wages)
- The Iowa Division of Labor enforces wage payment violations
- Employees may also bring a private lawsuit under Iowa Code § 91A.10
Kansas
Primary statute: K.S.A. § 44-313 — Kansas Wage Payment Act (timely payment requirements)
Full Kansas guide →Kentucky
Primary statute: KRS § 337.020 et seq. — Kentucky Wages and Hours Act
Kentucky has limited state-level wage theft protections under the Wages and Hours Act:
- The Kentucky Wages and Hours Act (KRS Chapter 337) requires employers to pay wages on regular paydays
- Kentucky minimum wage: $7.25/hr — matching the federal rate. Kentucky preempts local minimum wage ordinances
- Employers must pay all wages due within 14 days of the end of the pay period or upon termination
- Tipped employees are entitled to the federal tipped minimum wage of $2.13/hr, with tips making up the difference to $7.25/hr
- Kentucky does not have a comprehensive state wage theft statute with criminal penalties like some states
- The Kentucky Labor Cabinet handles wage claims but enforcement resources are limited compared to larger states
- Kentucky law preempts local minimum wage ordinances — courts struck down Louisville and Lexington attempts to raise local minimums
Louisiana
Primary statute: Louisiana Final Paycheck Law, La. R.S. § 23:631
Full Louisiana guide →Maine
Primary statute: 26 M.R.S.A. § 664 — Maine minimum wage and tip credit
Maine provides protections against wage theft and tip violations:
- Minimum wage (26 M.R.S.A. § 664): Maine's minimum wage is $14.65/hr (2026), with annual CPI adjustments. All employers must pay at least this rate for non-tipped workers.
- Tip credit: Tipped employees must receive at least 50% of the minimum wage ($7.33/hr in 2026) as a direct wage. If tips do not bring the employee's total hourly earnings to at least $14.65/hr, the employer must make up the difference.
- Tip pooling: Tip pooling is allowed among employees who customarily receive tips. Employers, managers, and supervisors cannot participate in tip pools or retain any portion of employee tips.
- Wage payment requirements: Maine law requires employers to pay wages on regular paydays at least every 16 days. Employees must receive all earned wages, including overtime and tips, on time.
- Enforcement and penalties: Employers who violate wage and hour laws may be liable for unpaid wages plus liquidated damages. The Maine Bureau of Labor Standards investigates wage complaints and can order restitution.
Maryland
Primary statute: Maryland Wage Payment and Collection Law (tip theft remedies), MD Code, Labor & Employment § 3-501 et seq.
Full Maryland guide →Massachusetts
Primary statute: Mass. Gen. Laws ch. 149, § 152A
Massachusetts bans managers and owners from sharing in tip pools and awards mandatory triple damages plus attorney fees for any tip or wage violation.
Full Massachusetts guide →Michigan
Primary statute: MCL § 408.939 (IWOWA — 3-year SOL, wage differential + equal liquidated damages + attorney fees)
Michigan doubles your recovery — MCL § 408.939 grants the wage differential PLUS an equal amount as liquidated damages, with no FLSA "good faith" defense, and LEO's wage complaint is free.
Full Michigan guide →Minnesota
Primary statute: Minn. Stat. § 181.032
Full Minnesota guide →Mississippi
Primary statute: FLSA — minimum wage and tip credit, 29 U.S.C. § 203(m) and § 206
Full Mississippi guide →Missouri
Primary statute: Missouri Wage Payment Law, RSMo § 290.080
Full Missouri guide →Montana
Primary statute: Mont. Code Ann. § 39-3-409 — minimum wage (no tip credit — full minimum wage required)
Full Montana guide →Nebraska
Primary statute: Neb. Rev. Stat. § 48-1228 — Wage Payment and Collection Act
Full Nebraska guide →Nevada
Primary statute: NRS 608 — Wages and Hours (Payment and Collection Act)
Full Nevada guide →New Hampshire
Primary statute: RSA 275:43 et seq. — NH wage payment requirements
New Hampshire's wage theft and tip protections follow federal minimums:
- Minimum wage: New Hampshire defaults to the federal minimum wage of $7.25/hr after repealing its state minimum wage in 2011. Workers near the Massachusetts or Vermont borders may see significantly higher wages just across the state line.
- Tip credit: Employers may pay tipped employees as low as $3.26/hr if tips bring total earnings to at least $7.25/hr. If tips do not make up the difference, the employer must pay the shortfall. Employers must inform tipped employees of the tip credit provisions.
- Tip pooling: Tip pooling is allowed among employees who customarily receive tips. Employers, managers, and supervisors cannot participate in tip pools or retain any portion of employee tips.
- Wage payment law (RSA 275:43): Employers must pay wages on regular paydays. Employees who are terminated must receive final wages within 72 hours. Employees who resign must be paid by the next regular payday.
- Enforcement: The NH Department of Labor investigates wage complaints and can order restitution. Employees may also file a private lawsuit to recover unpaid wages.
New Jersey
Primary statute: N.J.S.A. 34:11-4.10 (Wage Theft Act — 200% liquidated damages)
New Jersey's Wage Theft Act triples recovery (200% liquidated damages), gives you 6 years to file, and the Supreme Court held in 2025 that unpaid sales commissions count as wages.
Full New Jersey guide →New Mexico
Primary statute: NMSA § 50-4-19 et seq. — New Mexico Minimum Wage Act (tip credit and wage requirements)
New Mexico provides wage theft protections with local variations in minimum wage:
- The New Mexico Minimum Wage Act (NMSA § 50-4-19 et seq.) requires employers to pay all earned wages on time and in full
- New Mexico allows a tip credit — tipped employees can be paid $3.00/hr if tips bring total compensation to the minimum wage of $12.00/hr
- Several cities have higher local minimum wages — Santa Fe ($14.03/hr) and Albuquerque ($12.00/hr or higher) have their own minimums
- Tips belong entirely to the employee — employers cannot take or pool tips except among customarily tipped workers
- Employees can file wage claims with the New Mexico Department of Workforce Solutions for unpaid wages, tips, or unauthorized deductions
- New Mexico allows employees to recover unpaid wages plus damages in court actions
- Retaliation for filing wage claims is prohibited
New York
Primary statute: N.Y. Labor Law § 196-d + § 663 + Penal Law § 155.00(1)
New York Labor Law § 196-d bans employers and managers from any tip participation — and wage theft is now larceny under Penal Law § 155.00(1), a felony over $1,000.
Full New York guide →North Carolina
Primary statute: N.C. Gen. Stat. § 95-25.6 (NC Wage and Hour Act)
Full North Carolina guide →North Dakota
Primary statute: N.D. Cent. Code § 34-14 — Wage Payment
Full North Dakota guide →Ohio
Primary statute: Ohio Constitution, Art. II § 34a (with ORC § 4111.14 implementation)
Ohio's § 4111.14(G) records demand is nuclear: ignore it for 30 days and the burden of proof on hours and wages flips to the employer. Plus 3× total recovery + attorney fees under § 34a.
Full Ohio guide →Oklahoma
Primary statute: Oklahoma Protection of Labor Act — Wage Payment, Okla. Stat. tit. 40 §§ 165.1–165.9
Full Oklahoma guide →Oregon
Primary statute: ORS § 652.150
Full Oregon guide →Pennsylvania
Primary statute: 43 P.S. § 260.10 (WPCL — 25%/$500 liquidated damages)
Pennsylvania's WPCL stacks 25%/$500 liquidated damages, a 10% Secretary's penalty, and attorney fees — and the 2022 tip rules forfeit the entire tip credit if your employer never gave you written notice.
Full Pennsylvania guide →Rhode Island
Primary statute: R.I. Gen. Laws § 28-12-3 — Rhode Island minimum wage
Rhode Island provides protections against wage theft and tip violations:
- Minimum wage (R.I. Gen. Laws § 28-12-3): Rhode Island's minimum wage is $15.00/hr (effective January 2025).
- Tip credit: Tipped employees can be paid a direct wage of $3.89/hr as long as tips bring total hourly earnings to at least the full minimum wage. If tips do not make up the difference, the employer must pay the shortfall.
- Tip pooling: Tip pooling is allowed among employees who customarily receive tips. Employers, managers, and supervisors cannot participate in tip pools or retain employee tips.
- Sunday/holiday premium pay: Rhode Island mandates time-and-a-half pay on Sundays and certain holidays for retail workers, though this requirement has been gradually phased down.
- Enforcement and penalties: The Rhode Island Department of Labor and Training investigates wage complaints. Employers who violate wage and hour laws may face penalties including back wages, liquidated damages, and fines.
South Carolina
Primary statute: SC Payment of Wages Act, S.C. Code § 41-10-10 et seq.
Full South Carolina guide →South Dakota
Primary statute: SDCL § 60-11-3.1 — Tip Credit (50% of Minimum Wage)
Full South Dakota guide →Tennessee
Primary statute: Federal FLSA, 29 U.S.C. § 203(m) (tips). 29 U.S.C. § 206 (minimum wage). 29 U.S.C. § 216(b) (private right of action).
Full Tennessee guide →Texas
Primary statute: Tex. Labor Code § 61.051(c) — 180-day filing deadline
Texas wage claims must hit TWC within 180 days of the missed payday — § 61.051(c) is jurisdictional. Federal tip-pool violations under 29 U.S.C. § 203(m)(2)(B) double your recovery and pay your lawyer's fees.
Full Texas guide →Utah
Primary statute: Utah Payment of Wages Act — Utah Code § 34-28
Utah has limited state-specific wage theft protections, relying primarily on the Payment of Wages Act and federal FLSA:
- Utah minimum wage is $7.25/hr (matching the federal rate with no state increase)
- Utah allows a tip credit — tipped employees can be paid $2.13/hr in direct wages, and tips must bring total compensation to at least $7.25/hr
- If tips do not bring the employee's hourly rate to the minimum wage, the employer must make up the difference
- The Utah Payment of Wages Act (Utah Code § 34-28) requires employers to pay all earned wages on regular paydays
- The Utah Antidiscrimination and Labor Division (UALD) handles wage claims for unpaid or stolen wages
- Employers who violate wage laws may owe back wages — Utah does not provide statutory liquidated damages for wage theft, unlike the federal FLSA which allows double damages
- Utah preempts local minimum wage ordinances — no city or county can set a higher minimum
Vermont
Primary statute: 21 V.S.A. § 384 — Vermont minimum wage and tip credit rules
Full Vermont guide →Virginia
Primary statute: Va. Code § 40.1-29(J)–(K) (treble damages + mandatory attorney fees for "knowing" wage theft)
Virginia triples your recovery for "knowing" wage theft — Va. Code § 40.1-29(J) awards 3× unpaid wages plus mandatory attorney fees, with "knowing" defined broadly to include reckless disregard.
Full Virginia guide →Washington
Primary statute: RCW 49.52.070
Washington has strong wage and tip protections for workers:
- Washington's minimum wage is $17.13/hr (2026) — one of the highest statewide minimum wages in the nation, adjusted annually for inflation
- Washington has NO tip credit — employers must pay the full state minimum wage regardless of tips received, making it one of only a few states with this protection
- Tips belong entirely to the employee — employers cannot deduct from or claim any portion of tips
- The Washington Wage Recovery Act provides remedies for wage theft including unpaid wages, tips, and commissions
- Double damages are available for willful violations of wage payment laws
- Washington's Department of Labor & Industries (L&I) enforces wage theft claims
- Employers who withhold wages may also face criminal penalties
West Virginia
Primary statute: W. Va. Code § 21-5-1 et seq. — Wage Payment and Collection Act
Full West Virginia guide →Wisconsin
Primary statute: Wis. Stat. § 109.01 et seq. — Wisconsin Wage Payment Act
Wisconsin tip and wage theft protections are governed by the Wisconsin Wage Payment Act with civil and criminal penalties:
- The Wisconsin Wage Payment Act (Wis. Stat. § 109.01 et seq.) requires timely payment of all wages owed and provides strong remedies for non-payment
- Wisconsin minimum wage is $7.25/hr (federal minimum); tipped employees may be paid $2.33/hr if tips bring total to at least $7.25/hr
- Employers who misappropriate tips, fail to make up the tip-credit shortfall, or make illegal deductions from wages violate both Wisconsin and federal law
- The Wisconsin Department of Workforce Development (DWD) enforces the Wage Payment Act — both civil penalties and criminal charges may apply for willful wage theft
- Employees may file a wage claim with DWD or bring a private civil lawsuit for unpaid wages
- Wisconsin allows recovery of wages owed plus 100% liquidated damages (double damages) for willful violations
Wyoming
Primary statute: Wyo. Stat. § 27-4-202 — minimum wage and tip credit ($2.13/hr tipped minimum)
Full Wyoming guide →