Employers in Ohio must conform with these state rules regarding the treatment of tips received by employees.
In Ohio, the employer of an employee engaged in an occupation whose employees customarily and regularly receive more than $30 per month in tips must pay a cash wage equal to at least 50 percent of the applicable minimum wage to tipped employees ($3.98 per hour for 2014; $3.93 per hour for 2013).
However, the following conditions must be met:
- the tips or gratuities must be proven gratuities as indicated by the employee's declaration for Federal Insurance Contributions Act (FICA) purposes;
- the employer must be able to establish by its records that for each week in which a credit is taken, not less than the minimum rate is received by the employee when tips are added to wages paid; and
- the employee must be informed by the employer of the provisions of the tip credit.