Waiting tables in the US: A state by state Guide
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According to the US Dept of Labor, there are roughly 2,381,600 million servers working in the U.S today. (5/2009 report) However, many of these servers do not share the same working environments. Because the most common and accepted way to pay servers in the U.S. is through a “tipping system”, all servers face a vast difference of wages and work policies depending on the state they work in. In Maine for instance a server can be as young as 17 to serve alcohol while some states require servers to be at least 21 years of age.
The creation of this guide was inspired by the belief that if: employers had instant, easy access to state laws, then they might follow them. It was designed also to be used as a reference and to expose servers to various state policies so that they can compare state laws for tipped employees instantly. State laws designed to protect tipped employees remain ineffective if the community is not aware of what those state laws are. And while aiming to serve the waitress/waiter community, the guide also functions to serve as a immediate resource of information and expose the polices of all states nationwide for anyone who might benefit from this information. Please note: wiserwaitress is not an attorney and cannot guarantee the accuracy of the information provided. State laws and policies change frequently, therefore you should consult a lawyer and or other resources for current statutes. The information provided is intended for educational purposes only.
Use this guide to
- Find out how much money you will make in your state. Learn what tip credit your employer can take.
- If you need be certified to serve alcohol and what the legal age is to serve in your state
- Compare the wages and working conditions of what other servers encounter in their state.
- What other deductions your employer is allowed to take -from your tips in the state you work: such as processing fees from credit card tips.
Whats included: Wage, Serving Alcohol, and Tobacco Control.
- Because studies have clearly shown that waiter and waitresses have died from higher rates of lung and heart disease than any other occupational group (before Tobacco control laws were enacted), a section on Tobacco Control is included for each state.
- A section on wage policies is also included to help clarify what each state’s position is on a the tip credit, legal deductions and other policies affecting a servers wage. Since the Federal government established a special sub- minimum wage for servers at $2.13 per hr, many states have stepped in and have lowered the amount of a tip credit an employer may take, while others prohibit the tip credit altogether.
- Since requirements for serving alcohol (as well as liabilities a server may face) vary greatly throughout the states, a section on serving alcohol is included. find out what the re-corking and legal hours and age are to serve. Your age alone may greatly limit the states where you are allowed to work and serve alcohol. Depending on your age, a few miles away could make a huge difference (Four corners area, Utah 21, AR 18, NM 19, Co 18).
At a Glance 2011
Top paying States for waiting tables
Washington $28,590 yr $13.74 hr
Massachusetts $27,260 yr $13.11 hr
Vermont $27.130 yr $13.04 hr
DC $26,660 yr $$12.82 hr
New York $25,660 yr $12.34 hr
TOP THREE PAYING CITIES
Boston, MA $29.400 yr $14,14 hr
Seattle, WA $29.380 yr $14.13 hr
Olympia, WA $29,030y $13.96
*These are median wages for more info visit www.bls.gov35-3031
Dram shop laws are also currently being updated. Please consult your ABC board for latest compliance issues.