Which States Prohibit Tip Credit
Seven states ban the tip credit — Alaska, California, Minnesota, Montana, Nevada, Oregon, and Washington — so you pay full cash minimum wage before tips.
The seven full-cash states
In these states you cannot use the federal $2.13 tip-credit cash wage:
Alaska · California · Minnesota · Montana · Nevada · Oregon · Washington
You pay the full state minimum wage in cash. Tips are on top of that wage, not instead of it. Illustrative cash floors from the federal DOL compilation (July 1, 2026): Alaska $14.00; California $16.90 general; Minnesota $11.41; Montana $10.85 standard (lower small-employer floor exists); Nevada $12.00; Oregon $15.55 standard / higher Portland metro / lower nonurban; Washington $17.13.
Everywhere else, a tip credit may still be allowed — but the cash floor is often higher than $2.13, and local rules can be stricter.
What multi-state employers get wrong
- Importing a federal $2.13 rate into a California or Washington location “because corporate payroll is in Texas.”
- Averaging cash wages across a week when a server works Nevada one day and Arizona the next — each day’s location sets its own floor.
- Deducting credit-card fees from tips in California (state law bans that even though federal law is more flexible).
- Assuming Hawaii is a no-tip-credit state — Hawaii allows a conditional small tip credit, not a full ban.
Fix the rate table first
Map every worksite to its cash floor. If the state is on the seven-state list, set cash wage to the full state minimum and turn tip credit off in payroll. Then re-check weekly make-up only where tip credit is still allowed.
When a location moves onto the list through a ballot or statute change, treat it like a minimum-wage increase: update hire packets, POS job codes, and the next schedule’s rates before the effective date.
Keep reading
- Quick-read1 min
When the 80/20 Tip Rule Still Matters
The federal 80/20/30 tip-credit Final Rule is vacated — what dual jobs and side work still mean for employers in 2026.
- Quick-read1 min
How to Pool Tips Legally
Traditional vs nontraditional tip pools under the FLSA — who can share, when tip credit is allowed, and why managers never take a cut.
- Quick-read1 min
When Do You Owe Overtime?
When employers owe overtime, which states add daily or 7th-day rules, and why salaried misclassification creates the biggest exposure.
About this guide
Clockspot has been making time-tracking software for small businesses since 2007. Every quick-read article we publish is fact-checked. Each claim is verified against the underlying laws and court cases, with a dated report published alongside the piece so any reader can audit it.