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msikora07/31/20255 repliesview on HN

California doesn't have a special minimum wage for tipped professions? When I was waiting tables a long time ago I think my pay was $1.95 an hour. It was usually just enough to cover tax on tips (the ones we admitted).


Replies

godelski08/01/2025

  > California doesn't have a special minimum wage for tipped professions?
NO STATE has a "special minimum wage for tipped professionals". MOST STATES allow tips to be *credited* towards wage, but NO STATE allows an employee to be paid less than minimum wage. There's a "special minimum wage THAT EMPLOYERS MUST CONTRIBUTE TOWARDS a tipped professional'S WAGE", but that's a very different thing than "the minimal amount of pay an employee may receive."

The difference is where the money comes from: directly from employer vs directly from customer. But in all cases *the sum of these sources* must equal the minimum wage.

If the employee is not taking home at least minimum wage, then the employer is guilty of wage theft.

If the employer does not make at least $x towards an employee's wage, the employer is guilty of wage theft.

So instead, read the CA's (and AK, MN, MT, NV, OR, WA) rule as "tips may not be credited towards an employee's salary".

[0] https://www.dol.gov/agencies/whd/state/minimum-wage/tipped

show 2 replies
rconti07/31/2025

Looks like it changed in 1988 due to a state supreme court ruling about a 1975 law. The law said the tips were the "sole property" of the employee and couldn't be counted by the employer as wages.

https://www.latimes.com/archives/la-xpm-1988-11-01-mn-628-st...

sundaeofshock07/31/2025

California has not had a tipped minimum wage since at least the early 2000s, and I can’t seem to find any information on what is in the 1900s.

jandrewrogers08/01/2025

They eliminated the special minimum wage for tipped professions in Seattle too, which is currently $20.76 per hour.

Aloisius07/31/2025

Nope. Tipped workers are paid full minimum wage in California.