Part of Ferry's 51-state tip laws guide

Massachusetts tip laws (2026)

Massachusetts' minimum wage is $15.00 an hour, and tipped workers can be paid $6.75 in cash with an $8.25 tip credit. Cash plus tips has to reach $15.00 every shift, not just every week. Nothing comes out of tips, card fees included, and service charges go to staff unless they're clearly labeled as a house fee.

Rates as of Last reviewed

Massachusetts at a glance

Tip credit allowed

Massachusetts: $15.00 an hour minimum wage. Tipped staff can be paid $6.75 cash, with up to $8.25 counted from tips.

Massachusetts tip and wage rates at a glance, as of Nov 3, 2026
State minimum wage$15.00/hrStatewide from .[1]
Tipped cash wage$6.75Plus up to $8.25 in tips = $15.00.[2]
Max tip credit$8.25Counted from tips.[2]
Tip poolingAllowedMandatory pools allowed.[3]
Card-fee deductionNot allowedThe full tip goes to the worker.[3]
Card tip payoutTips and service charges the employer collects go to staff by the end of the same business day, never later than the wage deadline.[3]
Local minimum wagesNoneNone on file.

Rates verified against the Massachusetts Attorney General, Fair Labor Division 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 Massachusetts?

In Massachusetts you can take a tip credit of up to $8.25 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 Massachusetts
NumberCan you…AnswerThe condition
01Take a tip credit against minimum wage?YesPay at least $6.75 cash and count up to $8.25 in tips. Tips must cover the gap.[2]
02Make staff join a tip pool?YesAllowed, as long as only eligible staff share.[3]
03Include bartenders, bussers, runners and hosts?DependsBartenders and bussers: yes. Has to do wait staff or service bartender duties under the statute, with no managerial responsibility. Food runners and hosts: Real duties have to fit the statute, like direct service or quick-service counter work, with no manager duties that day.[3]
04Include cooks and dishwashers?DependsPaying full minimum doesn't open the pool to cooks or dishwashers. Quick-service counter staff who prep food can qualify on actual duties.[3]
05Give managers or supervisors a share?NoAnyone with managerial duties that service day isn't wait staff. Federal rules also bar managers and supervisors from pools, even on a non-manager shift.[3]
06Let an owner keep any of the tips?NoOwners and officers count as the employer, and employers can't take employee tips or service-charge money.[3]
07Pick your own split (hours, points or percentages)?DependsThe employer can run a valid pool. Service charges are split by the service each worker gave. The law sets no fixed percentages.[3]
08Take card processing fees out of tips?NoThe worker gets the full tip on the slip.[3]
09Hold card tips until payday?DeadlineTips and service charges the employer collects go to staff by the end of the same business day, never later than the wage deadline.[3]
10Cover walkouts, breakage or register shortages from tips?NoNot from tips.[3]
11Keep a mandatory service charge for the house?DependsOnly if you clearly tell guests it doesn't go to staff.[3]
12Pay tips on a payroll card?Depends (federal)Federal rule: it depends. Optional payroll-card programs are subject to federal and state wage-payment protections.[4]

03State vs federal

Massachusetts vs federal law

Massachusetts sets a stricter rule than federal law on 4 of the 10 rules below, starting with a $15.00 minimum wage against the federal $7.25. Where the two differ, the rule that is better for the worker applies.

Massachusetts tip rules compared with federal rules (FLSA)
RuleFederal (FLSA)MassachusettsComparison
Minimum wageStricterFederal$7.25[5]Massachusetts$15.00[1]Stricter
Tipped cash wageStricterFederal$2.13[5]Massachusetts$6.75[2]Stricter
Max tip creditHigher creditFederal$5.12[5]Massachusetts$8.25[2]Higher credit
Who counts as tippedState ruleFederalMore than $30 a month in tips, customarily and regularly received in the occupation.[5]MassachusettsRegularly gets more than $20 a month in tips.[2]State rule
Managers in the poolState ruleFederalManagers/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.[5]MassachusettsAnyone with managerial duties that service day isn't wait staff. Federal rules also bar managers and supervisors from pools, even on a non-manager shift.[3]State rule
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.[5]MassachusettsPaying full minimum doesn't open the pool to cooks or dishwashers. Quick-service counter staff who prep food can qualify on actual duties.[3]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.[5]MassachusettsNot allowed[3]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.[5]MassachusettsTips and service charges the employer collects go to staff by the end of the same business day, never later than the wage deadline.[3]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.[5]MassachusettsStaff's money unless you tell guests otherwise[3]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.[5]MassachusettsState overtime law exempts restaurant workers. Federal law still gives covered nonexempt staff overtime after 40 hours, figured from the full minimum.[6]State rule

04Wages

Minimum wage and the tip credit in Massachusetts

In Massachusetts employers can pay tipped staff $6.75 an hour and count up to $8.25 in tips toward the $15.00 minimum. If tips fall short, the employer makes up the difference.[2]

Worked example

One server, one slow 30-hour week in Massachusetts

Minimum for the week: 30 × $15.00$450.00
Cash wage you pay: 30 × $6.75$202.50
Tips have to cover: 30 × $8.25$247.50
Tips actually earned$120.00
You top up the gap$127.50
Cash wageTips countedYour top-up

A busy week with $247.50 or more in tips needs no top-up. Every tip above that is the server's. Fictional worker and tips.

Tip credit conditions
Tell workers in advance, let them keep tips outside a valid pool, and make cash plus tips reach $15.00 each shift. The employer covers shortfalls.[2]
Who counts as tipped
Regularly gets more than $20 a month in tips.[2]
Overtime
State overtime law exempts restaurant workers. Federal law still gives covered nonexempt staff overtime after 40 hours, figured from the full minimum.[6]
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][3]

Other rates

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

Scheduled increases

No statewide increase with a published amount is on file as of .

05Local rates

City and county minimum wages in Massachusetts

No city or county minimum wages above the $15.00 state rate are on file for Massachusetts.

06Tip pool

Who can be in the tip pool in Massachusetts

Massachusetts 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 Massachusetts, by role
RoleCan share?Condition
Front of house
ServerAllowedHas to do wait staff or service bartender duties under the statute, with no managerial responsibility.[3]
BartenderAllowedHas to do wait staff or service bartender duties under the statute, with no managerial responsibility.[3]
BusserAllowedHas to do wait staff or service bartender duties under the statute, with no managerial responsibility.[3]
Food runnerDependsReal duties have to fit the statute, like direct service or quick-service counter work, with no manager duties that day.[3]
HostDependsReal duties have to fit the statute, like direct service or quick-service counter work, with no manager duties that day.[3]
BarbackDependsReal duties have to fit the statute, like direct service or quick-service counter work, with no manager duties that day.[3]
ExpoDependsReal duties have to fit the statute, like direct service or quick-service counter work, with no manager duties that day.[3]
Back of house
CookDependsReal duties have to fit the statute, like quick-service counter work, with no manager duties that day. Ordinary kitchen cooks don't qualify.[3]
DishwasherNot allowedNot an eligible service role under the statute, even when full minimum wage is paid.[3]
Leadership
Shift leadDependsReal duties have to fit the statute, like direct service or quick-service counter work, with no manager duties that day.[3]
Manager or supervisorNot allowedEmployers and managers are barred from the pool.[3]
OwnerNot allowedEmployers and managers are barred from the pool.[3]
Managers and supervisors
Anyone with managerial duties that service day isn't wait staff. Federal rules also bar managers and supervisors from pools, even on a non-manager shift.[3]
Owners
Owners and officers count as the employer, and employers can't take employee tips or service-charge money.[3]
Back of house
Paying full minimum doesn't open the pool to cooks or dishwashers. Quick-service counter staff who prep food can qualify on actual duties.[3]
Who sets the percentages
The employer can run a valid pool. Service charges are split by the service each worker gave. The law sets no fixed percentages.[3]
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.[5][3]
Pooling allowed
Yes.[3]

07Put it to work

Setting up a tip pool in Massachusetts

Under Massachusetts 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 Massachusetts
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 Massachusetts
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. Not an eligible service role under the statute, even when full minimum wage is paid.
DanaManager or supervisor, 2 h (ran food)Not in the pool. Employers and managers are barred from the pool.
Total$1,200.00$1,200.00$1,200.00

Fictional restaurant and staff. The guest-facing staff here are assumed to meet Massachusetts'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 Massachusetts

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

Tips compared with service charges in Massachusetts
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.[3]
Can it go to staff?Yes, through the poolYes. Amounts paid to staff are wages, not tips.[5]
How it's taxed (federal)Tip income the worker reportsRegular wages, with payroll taxes[10][11]
Guest noticeNone neededA house fee has to say plainly it isn't a tip or staff service charge. A 2025 advisory adds: make that obvious, and disclose its nature, purpose and amount.[9]
  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 Massachusetts say?Staff own it unless disclosedStaff, unless the business clearly tells guests otherwise.[3]
  3. Step 3Check the cityNo city service charge rules on file for Massachusetts.
Menu and receipt notice
A house fee has to say plainly it isn't a tip or staff service charge. A 2025 advisory adds: make that obvious, and disclose its nature, purpose and amount.[9]
Large-party auto gratuities
An automatic fee called, or reasonably taken as, a tip or service charge goes to eligible staff. A clearly disclosed house fee is the exception.[3]

Local service charge rules

No local service charge rules on file for Massachusetts.

More on the difference: service charge vs tip.

Service charges

Service charge or house fee? The label decides who gets it

A charge called a service charge, or one a guest would reasonably take as a tip, belongs to the staff. A house or admin fee can stay with the business only if it's clearly labeled as not a tip.[3][9]

Goes to staff

  • Any fee called a service charge, tip or gratuity
  • A charge a guest would reasonably expect to go to staff
  • Split in proportion to the service each worker gave
  • Paid out by the end of the same business day
  • Never shared with employers or managers

Can stay with the house

  • A house or administrative fee with a written description
  • The description tells the guest it isn't a tip or service charge
  • Under the 2025 advisory, the fee's nature, purpose and amount are clearly disclosed

Sources[3][9]

09Card tips

Card tips in Massachusetts: fees and payout timing

In Massachusetts the card processing fee can't come out of a worker's tip; the full tip goes to the worker. Payout deadline: tips and service charges the employer collects go to staff by the end of the same business day, never later than the wage deadline.

Card processing fees
NoFull tip, no fee taken.

No processing fees come out of tips or service charges. The law covers card tips and bans any deduction.[3]

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. DeadlineMassachusetts rule Tips and service charges the employer collects go to staff by the end of the same business day, never later than the wage deadline.[3]
  4. Last dayFinal pay Fired: paid in full that day. Quit: next regular payday, or the following Saturday if there isn't one.[12]

Paydays: Hourly workers are paid weekly or every two weeks, within 6 or 7 days of the period's end. Salaried and other exceptions apply.[12]

Paying tips on a payroll card

  • Allowed?Depends (federal)No state rule. Federal rule applies: it depends. Optional payroll-card programs are subject to federal and state wage-payment protections.[4][3]
  • Worker consent needed?Yes (federal)No state rule. Federal rule applies: yes. The employer cannot require its payroll card.[4][3]
  • Free way to get the money?State ruleWorkers cannot be charged a fee to access wages. No separate payroll-card program-specific state rule identified.[13]
  • Must you offer another option?Yes
  • Holding cash tipsState ruleCash and card tips the employer collects follow the same-business-day rule. The employer keeps none of them.[3]
  • 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.[14][12]

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 Massachusetts

Keep each tipped worker's tips and hours on record, shift by shift. Massachusetts: at least 3 years from when each record is made.

Massachusetts State

  • Tip records Keep names, jobs, pay for each period, and daily and weekly hours. Running a pool can involve bookkeeping and tax records.[15]
  • How long to keep them At least 3 years from when each record is made.[15]
  • Tip credit notice Required. Tell workers in writing, in advance: the tip credit, how shift shortfalls are figured, and the tip and pool rules. Federal notice can apply too.[16]
  • Posters and forms Massachusetts wage-and-hour law notice under 151 § 16.[17]

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.[5]
  • How long to keep them FLSA: payroll records at least three years; underlying wage-computation records two years. Tax retention is separate.[18]
  • 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.[5]
  • 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 Massachusetts?

Workers in Massachusetts can file a tip or wage claim with the Massachusetts Attorney General, Fair Labor Division (617-727-3465). Filing is free, and this page can't settle a dispute; the state can.[13]

Massachusetts Attorney General, Fair Labor Division
Phone
617-727-3465[13]
Website
mass.gov/orgs/the-attorney-generals-fair-labor-division

Retaliation: No penalty for asserting wage rights, complaining, helping an investigation or joining a case. Sanctions and civil remedies apply.[19]

Penalties: Tip-law restitution plus 12% yearly interest. Workers who win a private suit get triple lost wages, fees and costs. Civil and criminal sanctions also apply.[3]

Can they take this out of my tips?

  • Walkouts and dine-and-dashNot allowedNothing comes out of employee tips or service charges, and employers get no share. Other wage setoffs don't change that.[3]
  • BreakageNot allowedNothing comes out of employee tips or service charges, and employers get no share. Other wage setoffs don't change that.[3]
  • Register shortagesNot allowedNothing comes out of employee tips or service charges, and employers get no share. Other wage setoffs don't change that.[3]
  • UniformsNot allowedNothing comes out of employee tips or service charges, and employers get no share. Other wage setoffs don't change that.[3]
  • Card processing feesNot allowedNo processing fee comes out of tips or service charges. The statute covers card tips and bans any deduction.[3]
  • A manager's shareNot allowedEmployers and managers get no share of employee tips or service charges.[3]

11Law changes

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

No statewide increase with a published amount is on file for Massachusetts as of .

No changes to Massachusetts tip or wage rules on file for the last 24 months.

Key statutes

  • MGL 149 § 152A
  • MGL 151 § 1, 7, 15–16
  • MGL 149 § 148,148A,150
  • MGL 151 § 1A(14)

Not covered here? Ask the Massachusetts Attorney General, Fair Labor Division at 617-727-3465 or on mass.gov/orgs/the-attorney-generals-fair-labor-division.

12FAQ

Massachusetts tip law questions

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

What is Massachusetts' tipped minimum wage?

$6.75 an hour in cash. Cash plus actual tips has to reach $15.00 for every shift, and the employer pays any shortfall.[2][1]

Can cooks share tips if everyone earns full minimum wage?

Not ordinary kitchen staff. Quick-service counter workers who prep or serve food as a team can qualify, based on what they actually do.[3]

Can managers get pooled tips?

No. Employers and managers can't receive pooled tips. Anyone with managerial duties that service day doesn't count as wait staff, and federal rules bar managers even on other shifts.[3][5]

Do service charges go to the staff?

Yes. Anything called, or reasonably taken as, a service charge goes entirely to eligible staff, split by the service each gave. A clearly labeled house fee is the exception.[3]

Can a restaurant take card fees out of tips?

No. The tip law covers card tips and bans any deduction from tips or service charges.[3]

When are tips and final wages due?

Tips and service charges the employer collects are due by the end of the same business day. Fired workers get final pay that day; workers who quit get it next payday.[3][12]

Do restaurant workers get overtime in Massachusetts?

Not under state law, which exempts restaurants. Federal law still requires overtime after 40 hours for covered nonexempt restaurant workers.[6][5]

Who counts as a tipped worker?

A service worker who customarily and regularly gets more than $20 a month in tips.[2]

13Compare

How Massachusetts compares with nearby states

Massachusetts borders Connecticut, New Hampshire, New York, Rhode Island and Vermont. Connecticut, New York and Rhode Island pay a higher minimum wage than Massachusetts's $15.00. Running locations on both sides of a line? Each one follows its own state's rules.

Compare all states in one table

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 Massachusetts setup.

14Sources

Sources for Massachusetts tip laws

Every figure on this page links to one of these 19 sources: 11 for Massachusetts and 8 for the federal baseline. They are statutes, regulations and government agency pages, each with the date it was checked.

  1. 1MGL 151 Section 1 Minimum WageMassachusetts General Court · Official source · Checked Pinpoint: 151 § 1malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1
    What the source says

    “A wage of less than $15.00 per hour”

  2. 2MGL 151 Section 7 Service RateMassachusetts General Court · Official source · Checked Pinpoint: 151 § 7malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section7
    What the source says

    “the cash wage paid such employee which for purposes of such determination shall be not less than $6.75”

    “an employer shall calculate the amount required by clause (2) at the completion of each shift worked by the employee”

    “service people who customarily and regularly receive more than $20 a month in tips.”

  3. 3MGL 149 Section 152A Tips and Service ChargesMassachusetts General Court · Official source · Checked Pinpoint: 149 § 152A(c); only statutory eligible recipients; 149 § 152A(a),(c); actual duties, not titlemalegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section152A
    What the source says

    “Service charges and tips; tip pools; penalties”

    “An employer may administer a valid tip pool”

    “distribution to any person who is not a wait staff employee, service employee, or service bartender.”

  4. 4What is a payroll card?Consumer Financial Protection Bureau · Official source · Page updated · Checked Pinpoint: definition, paragraph 1; paragraph following definition; Federal Regulation Ewww.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.”

  5. 5Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act (FLSA)U.S. Department of Labor · Official source · Checked Pinpoint: Tip Credit, paragraph 2www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa
    What the source says

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

    “the federal minimum wage, which is currently $7.25 per hour.”

    “The maximum tip credit that an employer can currently claim is $5.12 per hour: ($7.25 - $2.13 direct (or cash) wage = $5.12).”

  6. 6MGL 151 Section 1A Overtime ExemptionsMassachusetts General Court · Official source · Checked Pinpoint: 151 § 1A(14); federal independent coveragemalegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1A
    What the source says

    “(14) in a restaurant.”

  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. 9Tips Advisory 3/2004 Revised 9/2025Massachusetts Attorney General · Official source · Page updated · Checked www.mass.gov/doc/tips-advisory/download
    What the source says

    “the employer must clearly and conspicuously describe the nature, purpose, and amount of the fee”

  10. 10Tip 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.”

  11. 11Revenue 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”

  12. 12MGL 149 Section 148 Payment of WagesMassachusetts General Court · Official source · Checked Pinpoint: 149 § 148; 149 § 148 requires general payslipmalegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148
    What the source says

    “shall pay weekly or bi-weekly each such employee”

    “any employee discharged from such employment shall be paid in full on the day of his discharge”

    “hourly rate, and the amounts of deductions or increases made for the pay period.”

  13. 13Pay and RecordkeepingMassachusetts Attorney General · Official source · Checked Pinpoint: Key Organizations; Key Organizations Fair Labor Hotlinewww.mass.gov/guides/pay-and-recordkeeping
    What the source says

    “Workers cannot be charged a fee to have access to their pay.”

    “Attorney General's Fair Labor Division”

    “(617) 727-3465”

  14. 14Questions 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.”

  15. 15MGL 151 Section 15 RecordsMassachusetts General Court · Official source · Checked Pinpoint: 151 § 15malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section15
    What the source says

    “of the hours worked each day and each week by each employee”

    “Such records shall be kept on file for at least 3 years after the entry date of the record.”

  16. 16454 CMR 27 Minimum WageMassachusetts Department of Labor Standards · Official source · Checked Pinpoint: 454 CMR 27.03(2)(b)1www.mass.gov/doc/454-cmr-27-minimum-wage/download
    What the source says

    “the employer informs such employee in writing of the provisions of M.G.L. c. 151, § 7, paragraph three;”

  17. 17MGL 151 Section 16 PostingMassachusetts General Court · Official source · Checked Pinpoint: 151 § 16malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section16
    What the source says

    “posted in a conspicuous place”

  18. 18Fact 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,”

  19. 19MGL 149 Section 148A RetaliationMassachusetts General Court · Official source · Checked Pinpoint: 149 § 148Amalegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section148A
    What the source says

    “No employee shall be penalized by an employer in any way”

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.