Part of Ferry's 51-state tip laws guide

Maine tip laws (2026)

Maine's minimum wage is $15.10 an hour in 2026, and the tipped cash wage is half that, $7.55. Portland and Rockland set higher local rates. On January 1, 2027, the state minimum rises to $15.70 and the tipped cash wage to $7.85.

Rates as of Last reviewed

Maine at a glance

Tip credit allowed

Maine: $15.10 an hour minimum wage. Tipped staff can be paid $7.55 cash, with up to $7.55 counted from tips.

Next change: $15.70 on . General statewide minimum wage[1]
Maine tip and wage rates at a glance, as of Nov 3, 2026
State minimum wage$15.10/hrStatewide from .[1]
Tipped cash wage$7.55Plus up to $7.55 in tips = $15.10.[1]
Max tip credit$7.55Counted from tips.[1]
Tip poolingAllowedMandatory pools allowed.[2]
Card-fee deductionNot allowedThe full tip goes to the worker.[2]
Card tip payoutCard tips are due by the next regular payday.The employer can't wait to be paid by the card company.[2]
Local minimum wages2 placesLocal rates on file. See all[1]

Rates verified against the Maine Department of Labor, Bureau of Labor Standards on . Rates as of . Tipped totals are worked out from the rates above. Download this data (CSV)

02The yes/no sheet

Can you do this in Maine?

In Maine you can take a tip credit of up to $7.55 an hour, can require staff to join a tip pool and can't take card processing fees out of tips. Each answer below carries its condition and an official source.

Yes state law allows itNo state law says noDepends read the conditionFederal rule no state rule, federal applies
What restaurant operators can and can't do with tips in Maine
NumberCan you…AnswerThe condition
01Take a tip credit against minimum wage?YesPay at least $7.55 cash and count up to $7.55 in tips. Tips must cover the gap.[1]
02Make staff join a tip pool?YesAllowed, as long as only eligible staff share.[2]
03Include bartenders, bussers, runners and hosts?DependsBartender, busser, food runner and host: with a tip credit, pools are service workers only. Without one, everyone in the pool gets the full minimum. Duties decide.[2]
04Include cooks and dishwashers?DependsCooks and dishwashers can join only a no-credit pool where every member gets the full state minimum.[2]
05Give managers or supervisors a share?NoFederal rules keep managers and supervisors out of other workers' tips. Tips for service they alone provide are separate.[3]
06Let an owner keep any of the tips?NoFederal rules bar the employer from keeping workers' tips, including through a pool.[3]
07Pick your own split (hours, points or percentages)?DependsThe employer can set up a valid pool. The advance notice has to state any required contribution. No state percentage.[2]
08Take card processing fees out of tips?NoThe worker gets the full tip on the slip.[2]
09Hold card tips until payday?DeadlineCard tips are due by the next regular payday. The employer can't wait to be paid by the card company.[2]
10Cover walkouts, breakage or register shortages from tips?NoNot from tips.[4][2]
11Keep a mandatory service charge for the house?DependsOnly if you clearly tell guests it doesn't go to staff.[5] Some cities have their own rules.
12Pay tips on a payroll card?YesAllowed. Offer another way to get paid too.[5][2]

03State vs federal

Maine vs federal law

Maine sets a stricter rule than federal law on 4 of the 10 rules below, starting with a $15.10 minimum wage against the federal $7.25. Where the two differ, the rule that is better for the worker applies.

Maine tip rules compared with federal rules (FLSA)
RuleFederal (FLSA)MaineComparison
Minimum wageStricterFederal$7.25[3]Maine$15.10[1]Stricter
Tipped cash wageStricterFederal$2.13[3]Maine$7.55[1]Stricter
Max tip creditHigher creditFederal$5.12[3]Maine$7.55[1]Higher credit
Who counts as tippedState ruleFederalMore than $30 a month in tips, customarily and regularly received in the occupation.[3]MaineCustomarily and regularly more than $191 a month in tips in 2026. The threshold rises to $199 in 2027.[6]State rule
Managers in the poolFederal appliesFederalManagers/supervisors meeting the executive duties test cannot keep employees’ tips or receive from pools; they may keep only tips received directly for services they directly and solely provide. No salary-level test is used for this tip restriction.[3]MaineFederal rules keep managers and supervisors out of other workers' tips. Tips for service they alone provide are separate.[3]Federal applies
Kitchen in the poolState ruleFederalCooks and dishwashers may join a nontraditional mandatory pool only when all workers receive a direct cash wage of at least the full federal minimum wage and no tip credit is taken; employer/managers/supervisors remain excluded. State law may be stricter.[3]MaineCooks and dishwashers can join only a no-credit pool where every member gets the full state minimum.[2]State rule
Card fees from tipsStricterFederalOnly the actual proportional credit-card transaction fee may be deducted from charged tips; no deduction exceeding that fee or reducing required minimum wages; state law may forbid even that deduction.[3]MaineNot allowed[2]Stricter
Card tip payoutState ruleFederalCharged tips due by regular payday, without waiting for processor reimbursement. Employer-administered pools fully distributed by regular payday for the workweek/pay period; if the amount/distribution cannot be determined before payroll, distribute as soon as practicable afterward.[3]MaineCard tips are due by the next regular payday. The employer can't wait to be paid by the card company.[2]State rule
Mandatory service chargesStricterFederalA compulsory service charge is not an FLSA tip. Amounts distributed to employees are wages that may satisfy wage obligations and must enter the regular rate for overtime. This federal wage classification does not decide contractual or state-law ownership.[3]MaineStaff's money unless you tell guests otherwise[5]Stricter
Overtime for tipped staffState ruleFederalFor covered nonexempt employees, overtime generally begins after 40 hours in a workweek. Use the full regular rate, at least the full federal minimum wage, not $2.13; the hourly tip credit is not increased for overtime. Voluntary tips above the tip credit are excluded; distributed service charges enter the regular rate.[3]MaineAfter 40 hours. Figure overtime from the full minimum or regular rate, then subtract only the normal tip credit.[1]State rule

04Wages

Minimum wage and the tip credit in Maine

In Maine employers can pay tipped staff $7.55 an hour and count up to $7.55 in tips toward the $15.10 minimum. If tips fall short, the employer makes up the difference.[1]

Worked example

One server, one slow 30-hour week in Maine

Minimum for the week: 30 × $15.10$453.00
Cash wage you pay: 30 × $7.55$226.50
Tips have to cover: 30 × $7.55$226.50
Tips actually earned$120.00
You top up the gap$106.50
Cash wageTips countedYour top-up

A busy week with $226.50 or more in tips needs no top-up. Every tip above that is the server's. Fictional worker and tips.

Tip credit conditions
The credit is capped at 50% of the state minimum. Cash plus tips must reach the minimum each week, with advance notice and valid pooling.[2]
Who counts as tipped
Customarily and regularly more than $191 a month in tips in 2026. The threshold rises to $199 in 2027.[6]
Overtime
After 40 hours. Figure overtime from the full minimum or regular rate, then subtract only the normal tip credit.[1]
Side work and dual jobs
No state rule. Federal rule applies: current 29 CFR 531.56(e) is the restored 1967 occupation-based dual-jobs rule. No tip credit for a separate non-tipped occupation; related duties within the tipped occupation need not themselves produce tips. The vacated 2021 federal 80/20 and 30-continuous-minute limits are not current regulatory limits. FAB 2026-1 withdraws historical opinion letters and confirms WHD enforcement guidance no longer sets specific time limits; it is agency guidance, not a new statute or regulation.[7][8][2]

Other rates

One statewide rate. No employer-size, industry or youth rates in Maine.

Scheduled increases

  1. Now, since $15.10

The 50% rule

The tipped wage is always half the minimum

Maine caps the tip credit at 50% of the state minimum. When the minimum rises with inflation each year, the tipped cash wage rises with it.[2][1][9][6][10][11][12]

Maine tipped wages, 2026 and 2027[1][10][11][12]
Where2026 minimum2026 tipped cash2027 minimum
Statewide$15.10$7.55$15.70 ($7.85 tipped)
Portland$16.75$8.38$17.75
Rockland$16.00$8.00Not on file

05Local rates

City and county minimum wages in Maine

2 cities and counties in Maine set their own minimum wage, from $16.00 in Rockland to $16.75 in Portland. A restaurant inside one of them pays the local rate, not the $15.10 state rate.[1]

Local rates allowedSorted highest first. Bars start near the state rate, marked with a line.
Local minimum wages in Maine, 2 rows, sorted highest first
City or countyRatevs state $15.10Tipped cash wageEffective
PortlandCity code sets $17.75 for 2027 and $19.00 for 2028. The tipped wage is 50% of the minimum, rounded up.[10]$16.75+$1.65 over state$8.38Next change
RocklandCitywide rate. State overtime and notice rules still apply.[12]$16.00+$0.90 over state$8.00

Local service charge rules are in the service charges section.

06Tip pool

Who can be in the tip pool in Maine

Maine allows tip pools, and employers can make them mandatory. Owners, managers and supervisors can't share in them. A tip pool collects tips and splits them among staff; a tip-out is one worker handing part of their tips to others.

Who can share in a tip pool in Maine, by role
RoleCan share?Condition
Front of house
ServerDependsWith a tip credit, pools are service workers only. Without one, everyone in the pool gets the full minimum. Duties decide.[2]
BartenderDependsWith a tip credit, pools are service workers only. Without one, everyone in the pool gets the full minimum. Duties decide.[2]
BusserDependsWith a tip credit, pools are service workers only. Without one, everyone in the pool gets the full minimum. Duties decide.[2]
Food runnerDependsWith a tip credit, pools are service workers only. Without one, everyone in the pool gets the full minimum. Duties decide.[2]
HostDependsWith a tip credit, pools are service workers only. Without one, everyone in the pool gets the full minimum. Duties decide.[2]
BarbackDependsWith a tip credit, pools are service workers only. Without one, everyone in the pool gets the full minimum. Duties decide.[2]
ExpoDependsWith a tip credit, pools are service workers only. Without one, everyone in the pool gets the full minimum. Duties decide.[2]
Back of house
CookDependsOnly in a no-credit pool where everyone gets the full state minimum.[2]
DishwasherDependsOnly in a no-credit pool where everyone gets the full state minimum.[2]
Leadership
Shift leadDependsWith a tip credit, pools are service workers only. Without one, everyone in the pool gets the full minimum. Duties decide.[2]
Manager or supervisorNot allowedFederal rules bar them from other workers' pooled tips.[2]
OwnerNot allowedFederal rules bar them from other workers' pooled tips.[2]
Managers and supervisors
Federal rules keep managers and supervisors out of other workers' tips. Tips for service they alone provide are separate.[3]
Owners
Federal rules bar the employer from keeping workers' tips, including through a pool.[3]
Back of house
Cooks and dishwashers can join only a no-credit pool where every member gets the full state minimum.[2]
Who sets the percentages
The employer can set up a valid pool. The advance notice has to state any required contribution. No state percentage.[2]
Cap on what a pool can take
No state rule. Federal rule applies: no federal percentage or amount cap for a valid mandatory pool; eligibility, notice and minimum wage rules still apply.[3][2]
Pooling allowed
Yes.[2]

07Put it to work

Setting up a tip pool in Maine

Under Maine rules, 6 of the 10 staff in this example can share a $1,200 pool. The table splits the same pool by percentage, by points and by hours.

The law decides who's in. You still have to run the split every shift and pay it out. That part is a math and payout job, and it's the same job whether you have one location or forty.
Saturday dinner pool$1,200.00
6 of 10 staff can share in Maine
By %
By points
By hours
Servers 67.1%Bar 14.6%Support 18.3%
The same $1,200.00 pool split three ways, using roles that can share in Maine
WhoBy %By pointsBy hours
MayaServer, 6 h, 10 pts$268.29$250.00$211.78
JordanServer, 6 h, 10 pts$268.29$250.00$211.76
PriyaServer, 6 h, 10 pts$268.29$250.00$211.76
SamBartender, 6 h, 8 pts$175.61$200.00$211.76
LuisBusser, 5 h, 5 pts$109.76$125.00$176.47
AvaFood runner, 5 h, 5 pts$109.76$125.00$176.47
TheoCook, 7 hNot in the pool. Out here: this pool includes servers paid with a tip credit.
KimCook, 7 hNot in the pool. Out here: this pool includes servers paid with a tip credit.
RafaDishwasher, 6 hNot in the pool. Out here: this pool includes servers paid with a tip credit.
DanaManager or supervisor, 2 h (ran food)Not in the pool. Federal rules bar them from other workers' pooled tips.
Total$1,200.00$1,200.00$1,200.00

Fictional restaurant and staff. The guest-facing staff here are assumed to meet Maine's condition for sharing (see who can be in the tip pool, above). Percentages and point weights are examples, not a recommendation. Shares are rounded to the cent, and any leftover cent goes to the first server. Run your own numbers in the tip pooling calculator.

Support Pool contributors: Server $262.83 and Bartender $54.92, for a total of $317.75. Support Pool receivers, pooled by Day and distributed by Hours Worked: Jonah Kim, Busser, 6.50 hours, +$179.56. Sofia Nunez, Food Runner, 5.00 hours, +$138.19. Total 11.50 hours and $317.75.

Support pool split. Servers and bartenders pay into the support pool, split by hours worked.
Ferry Tip Manager

Ferry Tip Manager: support pool split by hours

Servers and bartenders pay into the support pool, and Tip Manager splits it by hours worked. Each person sees their share, with no spreadsheet at close.

Who it's for Full-service restaurants that tip out bussers, runners and bar backs

Run your own numbersPlug your staff and tips into the tip pooling calculator

08Service charges

Service charges vs tips in Maine

In Maine a mandatory service charge is presumed to belong to staff unless the business clearly tells guests otherwise.

Tips compared with service charges in Maine
QuestionOptionalTipMandatoryService charge
Who sets the amountThe guestThe business
Who it belongs toThe worker it was left for, or the poolStaff, unless the business clearly tells guests otherwise.[5]
Can it go to staff?Yes, through the poolYes. Amounts paid to staff are wages, not tips.[3]
How it's taxed (federal)Tip income the worker reportsRegular wages, with payroll taxes[13][14]
Guest noticeNone neededThe banquet or private-club customer has to be told the service charge isn't a tip for the staff.[2]
  1. Step 1Did the guest choose whether to pay it, and how much?
    YesIt's a tip. It belongs to staff.
    NoIt's a mandatory charge. Go to step 2.
  2. Step 2What does Maine say?Staff own it unless disclosedStaff, unless the business clearly tells guests otherwise.[5]
  3. Step 3Check the cityPortland: Portland's code repeats the state automatic-tip rule and the banquet and private-club exception.[11]
Menu and receipt notice
The banquet or private-club customer has to be told the service charge isn't a tip for the staff.[2]
Large-party auto gratuities
Automatic tips on the bill belong to service staff. Agreed banquet and private-club charges are a disclosed exception.[2]

Local service charge rules

  • Portland. Portland's code repeats the state automatic-tip rule and the banquet and private-club exception.[11]

More on the difference: service charge vs tip.

09Card tips

Card tips in Maine: fees and payout timing

In Maine the card processing fee can't come out of a worker's tip; the full tip goes to the worker. Payout deadline: card tips are due by the next regular payday. The employer can't wait to be paid by the card company.

Card processing fees
NoFull tip, no fee taken.

The employer pays the card fees. Nothing comes out of tips charged to a card.[2]

When card tips have to land

  1. TonightGuest adds a tip On the card, at the table.
  2. CloseShift is tallied The pool is split by your rules.
  3. DeadlineMaine rule Card tips are due by the next regular payday. The employer can't wait to be paid by the card company.[2]
  4. Last dayFinal pay Full wages by the next set payday. Vacation payout and offsets have their own rules.[15]

Paydays: A set payday no more than 16 days apart, covering wages earned through 8 days before payday.[16]

Paying tips on a payroll card

  • Allowed?Yes
  • Worker consent needed?Yes (federal)No state rule. Federal rule applies: yes. The employer cannot require its payroll card.[17][2]
  • Free way to get the money?State ruleThe full net pay can be withdrawn free at first, or the worker can pick another no-cost way to get paid.[5]
  • Must you offer another option?Yes
  • Holding cash tipsFederal ruleNo state rule. Federal rule applies: employer may collect to administer a valid pool, then distribute under the regular-payday rule. No broader authorization to retain cash tips is established.[3][2]
  • Tips shown on the pay stubNo (federal)No state rule. Federal rule applies: no. FLSA does not require pay stubs; state laws and employer records are separate.[18][19]

Alice Anderson, Server, Downtown. Direct tips +$980.25, indirect tips +$0.00, tip outs -$147.07, tips payable $833.18. Tip Payment history, all Automatic with status Success: 2026-10-29 $833.18, 2026-10-28 $783.19, 2026-10-27 $733.20.

Employee tip payout. Each person's direct tips, tip outs, and payable amount, then paid automatically.
Ferry Pay and Pay Card

Ferry Pay: each tip share, paid out digitally

Each person's direct tips, tip outs and payable amount in one view, then paid through Ferry Pay. No cash to keep on hand for payouts. Eligibility and fees apply.

Who it's for Operators who want to stop the nightly cash run

Customer story: BJ's Restaurants
200+locations across 30 states run Tip Manager and Ferry Pay
66%+reduction in cash-carrying costs
“Since launching this card program, we've reduced our cash-carrying costs by over 66 percent”
Jake Guild, Senior Vice President & Chief Accounting Officer, BJ's Restaurants
Read the BJ's case study

10Records

Records and notices in Maine

Keep each tipped worker's tips and hours on record, shift by shift. Maine: at least 3 years.

Maine State

  • Tip records Keep accurate hours and wages. Each pay statement shows pay-period dates, hours, earnings and itemized deductions.[19]
  • How long to keep them At least 3 years.[19]
  • Tip credit notice Required. Tell workers in advance, in writing or out loud: the cash wage, the credit, that it can't exceed real tips, and any required pool share.[2]
  • Posters and forms Maine minimum-wage/overtime poster under 26 MRS 42-B; Portland minimum-wage notice and first-paycheck wage notice where applicable.[20][10]

Everywhere Federal

  • Tip records Maintain employee identity, time and pay records. Tip-credit employers additionally retain tipped employee, reported tips, credit amounts and hours/earnings by tipped and nontipped occupation. No-tip-credit employers operating mandatory pools record each recipient and weekly/monthly tips. IRS daily records/reporting are separate obligations.[3]
  • How long to keep them FLSA: payroll records at least three years; underlying wage-computation records two years. Tax retention is separate.[21]
  • Tip credit notice Oral or written notice must state cash wage; tip credit amount; credit cannot exceed actual tips; employee retains tips except valid traditional pool; credit unavailable until informed. Traditional pool contribution amounts also disclosed.[3]
  • A written pool policy Good practice, not a federal rule: who's in, how it splits, when it pays. Share it with staff. How to write one.
For workers

Think your tips were handled wrong in Maine?

Workers in Maine can file a tip or wage claim with the Maine Department of Labor, Bureau of Labor Standards (207-623-7900). Filing is free, and this page can't settle a dispute; the state can.[6]

Maine Department of Labor, Bureau of Labor Standards
Phone
207-623-7900[6]
Website
www1.maine.gov/labor/bls

Retaliation: No firing or punishment for minimum-wage complaints to the state or county attorney.[22]

Penalties: Unpaid minimum wages plus an equal amount in damages and fees, and fines of $50 to $200. Unpaid final pay adds double damages and interest.[23]

Can they take this out of my tips?

  • Walkouts and dine-and-dashNot allowedTips can't cover employer losses, card fees or employer and manager shares.[4]
  • BreakageNot allowedTips can't cover employer losses, card fees or employer and manager shares.[4]
  • Register shortagesNot allowedTips can't cover employer losses, card fees or employer and manager shares.[4]
  • UniformsNot allowedNo deduction for uniforms that benefit the employer. A voluntary written cleaning deal is separate.[2]
  • Card processing feesNot allowedTips can't cover employer losses, card fees or employer and manager shares.[2]
  • A manager's shareNot allowedTips can't cover employer losses, card fees or employer and manager shares.[2]

11Law changes

What changed in Maine tip law, and what's coming

Next scheduled change: the Maine minimum wage goes to $15.70 on .

  1. ComingMinimum wage goes to $15.70 (General statewide minimum wage).[1]

Key statutes

  • 26 MRS 663–665
  • 26 MRS 621-A,626,629
  • 26 MRS 670–671
  • 26 MRS 42-B

Not covered here? Ask the Maine Department of Labor, Bureau of Labor Standards at 207-623-7900 or on www1.maine.gov/labor/bls.

12FAQ

Maine tip law questions

Plain answers to the 8 questions restaurant owners and staff ask most about Maine tip law, each linked to its source.

What is Maine's tipped minimum wage?

$7.55 an hour in cash in 2026, half the $15.10 minimum. Cash plus tips has to reach $15.10, and the employer covers any gap.[1][2]

What changes in 2027?

On January 1, 2027, the state minimum goes to $15.70 and the tipped cash wage to $7.85. The monthly tip threshold rises to more than $199.[1][24]

What is Portland's tipped wage?

$8.38 an hour in cash on Portland's $16.75 minimum in 2026. Portland's minimum rises to $17.75 in 2027.[10][11]

Can cooks join a Maine tip pool?

Only in a pool with no tip credit where everyone gets the full state minimum. If the employer takes a credit, the pool is service workers only.[2]

Can managers get pooled tips?

No. Managers, supervisors and employers can't get workers' pooled tips. Tips for service they alone provide are a separate matter.[2][3]

Can card fees come out of tips?

No. Maine bans taking card fees out of tips, and card tips are due by the next regular payday.[2]

Is an automatic gratuity a tip?

Usually yes. Automatic charges on the bill count as tips, except agreed banquet or private-club service charges that are disclosed to the customer.[5][2]

When is final pay due?

By the next set payday.[15]

The law decides who's in. Ferry runs the split.

See how operators set pool rules in Ferry Tip Manager and pay tips out without a cash run. Bring your own Maine setup.

14Sources

Sources for Maine tip laws

Every figure on this page links to one of these 24 sources: 17 for Maine and 7 for the federal baseline. They are statutes, regulations and government agency pages, each with the date it was checked.

  1. 1New Minimum Wage IncreasesMaine Department of Labor · Official source · Checked Pinpoint: 2026 statewide table; 2027 statewide table; Lists Portland and Rocklandwww1.maine.gov/labor/labor_laws/minimumwagefaq
    What the source says

    “1/1/2026 $15.10 $7.55 $7.55”

    “1/1/2027 $15.70 $7.85 $7.85”

    “Maine Municipalities with Local Minimum Wage Ordinances”

  2. 226 MRS 664 Minimum Wage and TipsMaine Legislature · Official source · Page updated · Checked Pinpoint: 26 MRS 664(2); 664(2)(F), 2-A; statutory employer-established poollegislature.maine.gov/statutes/26/title26sec664.html
    What the source says

    “An employer may consider tips as part of the wages of a service employee, but such a tip credit may not exceed 50%”

    “Minimum wage; overtime rate”

    “If the employer uses a tip pooling arrangement, any required tip pool contribution amount from the employee.”

  3. 3Fact Sheet 15 Tipped Employees Under the FLSAUnited States Department of Labor · Official source · Checked Pinpoint: Employers, Including Managers and Supervisors, May Not Keep Tips; Employers may not keep tips; Tip Credit, paragraph 2www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
    What the source says

    “A manager or supervisor may keep only those tips that they receive directly from a customer for the service they directly and solely provide.”

    “Regardless of whether an employer takes a tip credit, the FLSA prohibits employers from keeping any portion of employees’ tips for any purpose, whether directly or through a tip pool.”

    “An employer must pay a tipped worker at least $2.13 per hour under the FLSA.”

  4. 426 MRS 629 Unfair AgreementsMaine Legislature · Official source · Page updated · Checked Pinpoint: 629(2) or 664(2), 2-Alegislature.maine.gov/statutes/26/title26sec629.html
    What the source says

    “such as cash shortages, inventory shortages, dishonored checks, dishonored credit cards, damages to the employer's property in any form or any merchandise purchased by a customer.”

  5. 526 MRS 663 DefinitionsMaine Legislature · Official source · Page updated · Checked Pinpoint: 663(15); 663(5), conditions apply; 663(5)legislature.maine.gov/statutes/26/title26sec663.html
    What the source says

    “including a charge automatically included in the customer's bill.”

    “automated teller machine card or other means of electronic transfer”

    “the employee either can make an initial withdrawal of the entire net pay without additional cost to the employee or the employee can choose another means of payment that involves no additional cost to the employee”

  6. 62026 Minimum Wage PosterMaine Department of Labor · Official source · Page updated · Checked Pinpoint: 2026 Service Employee; Contactwww1.maine.gov/labor/docs/2026/posters/minwage/English_minimum_wage.pdf
    What the source says

    “A service employee is someone who regularly receives more than $191 a month in tips.”

    “Maine Department of Labor Bureau of Labor Standards”

    “www.maine.gov/labor/bls”

  7. 7Tip Regulations under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Checked Pinpoint: Regulatory History 2020-2024, item 3; Regulatory History, item 4; Tip regulation topics listwww.dol.gov/agencies/whd/flsa/tips
    What the source says

    “a federal court vacated the revision, with the effect of reinstating the Department’s original dual jobs regulation.”

    “On December 16, 2024, the Department announced a technical rule to restore the original dual jobs regulation at 29 CFR 531.56(e) .”

    “29 CFR 531.56(e) ); and Calculating overtime pay for tipped employees ( 29 CFR 531.60 ).”

  8. 8Field Assistance Bulletin No. 2026-1U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: p. 1, introductory paragraphs; p. 1, introductionwww.dol.gov/sites/dolgov/files/WHD/fab/fab2026-1.pdf
    What the source says

    “These withdrawn opinion letters and the FOH provision that implemented them should no longer be relied upon as WHD enforcement guidance.”

    “withdrawn on January 14, 2025 (see WHD FOH Revision 785), no longer reflects the Division’s policy or interpretation of the Act.”

    “This Field Assistance Bulletin (FAB) withdraws Wage and Hour Division (WHD or Division) Opinion Letters FLSA-895 (Aug. 8, 1979); WH-502 (Mar. 28, 1980); and FLSA-854, 1985 WL 1259240 (Dec. 20, 1985).”

  9. 9Maine Employee Rights GuideMaine Department of Labor · Official source · Checked www1.maine.gov/labor/labor_laws/employeerightsguide
  10. 10Portland 2026 Minimum Wage NoticeCity of Portland · Official source · Checked Pinpoint: 2026 notice; Noticecontent.civicplus.com/api/assets/773a850c-6417-4d5a-bb52-5b1afdbe9ca5
    What the source says

    “Minimum Wage in the City of Portland is $16.75 per hour”

    “Paycheck Notice”

  11. 11Portland Code Chapter 33 Minimum WageCity of Portland · Official source · Page updated · Checked Pinpoint: Portland 33.2 Definitions PDF p. 3content.civicplus.com/api/assets/3899b6d8-7441-4566-853b-0491ef6bc426?cache=1800
    What the source says

    ““Tip” does not include a service charge added to a customer’s bill in a banquet or private club setting by agreement between the customer and the Employer.”

  12. 12Rockland 2026 Minimum Wage NoticeCity of Rockland · Official source · Checked rocklandmaine.gov/DocumentCenter/View/2670/2026-Minimum-Wage-Notice---Rockland?bidId=
    What the source says

    “Rockland is $16.00 per hour”

  13. 13Tip recordkeeping and reportingInternal Revenue Service · Official source · Checked Pinpoint: Service charges are not tips, paragraph 2; qualified tips deduction, net-income limit; tip income, Social Security/Medicarewww.irs.gov/businesses/small-businesses-self-employed/tip-recordkeeping-and-reporting
    What the source says

    “Service charges (also referred to as “auto-gratuities”), when distributed to an employee, are generally treated as wages paid by the employer to the employee rather than tips paid by the customer.”

    “For self-employed individuals, the deduction may not exceed the individual’s net income (without regard to this deduction) from the trade or business in which the tips were earned.”

    “These amounts are subject to federal income tax and generally are also subject to Social Security and Medicare taxes.”

  14. 14Revenue Ruling 2012-18Internal Revenue Service · Official source · Page updated 2012 · Checked Pinpoint: Q 1/A 1, four distinguishing factors; p. 1, ruling headingwww.irs.gov/pub/irs-drop/rr-12-18.pdf
    What the source says

    “compulsion; (2) the customer must have the unrestricted right to determine the amount; (3) the payment should not be the subject of negotiation or dictated by employer policy; and (4) generally, the customer has the right to determine who receives the payment.”

    “Rev. Rul. 2012-18”

  15. 1526 MRS 626 Final PayMaine Legislature · Official source · Page updated · Checked Pinpoint: 626legislature.maine.gov/statutes/26/title26sec626.html
    What the source says

    “An employee leaving employment must be paid in full no later than the employee's next established payday.”

  16. 1626 MRS 621-A Timely PaymentMaine Legislature · Official source · Page updated · Checked Pinpoint: 621-A(1),(2); Statutory headinglegislature.maine.gov/statutes/26/title26sec621-A.html
    What the source says

    “At regular intervals not to exceed 16 days, every employer must pay in full all wages earned by each employee”

    “Timely and full payment of wages”

  17. 17What is a payroll card?Consumer Financial Protection Bureau · Official source · Page updated · Checked Pinpoint: definition, paragraph 1; paragraph following definitionwww.consumerfinance.gov/ask-cfpb/what-is-a-payroll-card-en-401
    What the source says

    “A payroll card is a prepaid card arranged by an employer for the purpose of paying its employees’ wages or salary.”

    “Your employer can’t require you to receive your wages on a payroll card.”

    “Your employer has to offer you at least one alternative to a payroll card.”

  18. 18Questions and Answers About the FLSA, DOL WHDU.S. Department of Labor · Official source · Checked Pinpoint: Recordkeeping and Notices, Are pay stubs required?www.dol.gov/agencies/whd/flsa/faq
    What the source says

    “However, the FLSA does not require an employer to provide employees pay stubs.”

  19. 1926 MRS 665 RecordsMaine Legislature · Official source · Page updated · Checked Pinpoint: 665(1); general statement required, separate tip line not expressly prescribed; 665(1)legislature.maine.gov/statutes/26/title26sec665.html
    What the source says

    “a statement that clearly shows the date of the pay period, the hours, total earnings and itemized deductions.”

    “Every employer subject to this subchapter shall keep a true and accurate record of the hours worked by each employee and of the wages paid”

    “such records to be preserved by the employer for a period of at least 3 years”

  20. 2026 MRS 42-B PostingMaine Legislature · Official source · Page updated · Checked Pinpoint: 42-B(3); Statutory headinglegislature.maine.gov/statutes/26/title26sec42-B.html
    What the source says

    “shall post and keep posted in a place accessible to the employer's employees a copy of the poster or notice furnished by the bureau.”

    “Bureau to furnish poster or notice”

  21. 21Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Page updated · Checked Pinpoint: Posting, paragraph 1www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
    What the source says

    “Each employer shall preserve for at least three years payroll records, collective bargaining agreements, sales and purchase records.”

    “Employers must display an official poster outlining the provisions of the Act, available at no cost from local offices of the Wage and Hour Division and toll-free, by calling 1-866-4USWage (1-866-487-9243).”

    “Records on which wage computations are based should be retained for two years,”

  22. 2226 MRS 671 Penalties and RetaliationMaine Legislature · Official source · Page updated · Checked Pinpoint: 671legislature.maine.gov/statutes/26/title26sec671.html
    What the source says

    “Any employer, who discharges or in any other manner discriminates against any employee because such employee makes a complaint to the director or to the county attorney”

  23. 2326 MRS 670 Employees RemediesMaine Legislature · Official source · Page updated · Checked Pinpoint: 670; Statutory headinglegislature.maine.gov/statutes/26/title26sec670.html
    What the source says

    “an additional amount equal to such wages as liquidated damages, and costs of suit including a reasonable attorney's fee.”

    “Employees' remedies”

  24. 242027 Minimum Wage AnnouncementMaine Department of Labor · Corroborating source · Page updated · Checked www1.maine.gov/labor/news_events/article.shtml?id=13362373

15Methodology

How we research these pages

Every figure on this page comes from an official source, a statute, a regulation or a government agency page, and links to it where it is used. Ferry checks the page against those sources on a schedule and logs every change.

  1. 1

    Official sources only

    Statutes, regulations, state labor agencies, city ordinances and the U.S. Department of Labor. No vendor blogs, no AI answers, no secondary summaries as the only source.

  2. 2

    Every figure is linked

    Each rate and rule carries a numbered link to the statute or agency page behind it, with the exact pinpoint and, where available, a link that opens at the sentence itself.

  3. 3

    Re-checked on a schedule

    Every page is re-checked each January and July, and whenever a state or city changes a rate. Cash wage plus tip credit is checked against the minimum wage on every build.

  4. 4

    Gaps are left out, not guessed

    If a rule can't be confirmed from an official source, it isn't shown. The page points to the state agency instead.

What changed on this page

  1. First version of this page. Every figure was checked against the official sources listed on this page.

Researched by Ferry's tip operations research team. Last reviewed .

Changes to the law itself are listed in What changed and what's coming.

16Every state

Tip laws in every state

Pick any state for its tip credit, tip pool, service charge and card tip rules. Each chip shows the state's tip credit class.