pay grade for tipped employees

[penney]

why is it that minimum wage in California for a tipped employee is the federal minimum wage......but yet in North Carolina minimum wage for tipped employee is 2.15 hr.

California vs North Carolina

[cbg]

Because the two states have chosen to do it differently. CA wage law is not binding on any state but CA; NC wage law is not binding on any state but NC.

[penney]

just one more question about California and North Carolina......
Are states required to pay the federal minimum wage? I thought that the federal minimum wage is what employers in every state are supposed to pay. Im just wondering.

thanks

[Pattymd]

You must be paid at least the higher of federal minimum wage or the state minimum wage.

[penney]

What is the standard for North Carolina...waitresses are paid 2.15 an hour...im confused.......is this legal.......and if it is not......how do you change it?

[Pattymd]

North Carolina follows the federal minimum wage. Per the link attached, tipped employees must be paid at least $2.13 per hour. Tips must be reported and if you do not make enough in tips to make up the difference of $3.02 per hour, the employer must make up the shortfall.
http://www.dol.gov/esa/regs/compliance/whd/whdfs15.htm

Oh, and if you want a higher state minimum wage, lobby your state legislators.