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Employers in New Jersey must conform with these state rules regarding the treatment of tips received by employees.
In New Jersey, for employment in hotel and motel occupations and food service occupations where gratuities are actually received, employers subject to the federal Fair Labor Standards Act (FLSA) must pay the federal cash wage rate of $2.13 per hour and must demonstrate that the balance of the state minimum wage rate is paid through gratuities.
Employers not subject to the FLSA must demonstrate that total wages, including cash and gratuities, equals the state minimum wage rate.
Tips may not be counted as part of the minimum wage or regular wage paid to minor employees in beauty culture occupations.