Maine Tip Laws

Under the Fair Labor Standards Act (FLSA), tips are regulated. Employers who meet certain criteria are permitted to take a partial credit against minimum wage obligations for tipped employees. Tipped employees includes those engaged in jobs in which they regularly and customarily receive tips.

The tip credit was created by Congress in 1966, and adjustments occurred on December 28, 2021, when the 2021 Dual Jobs Final Rule went into effect. A federal court vacated portions of the final rule in October 2024, which effectively reinstated the original dual jobs regulation (29 C.F.R.531.56(e). It recognizes that an employee may work in tipped and non-tipped occupations, and employers are only permitted to take the tip credit against minimum wage obligations for hours worked in the tipped occupation.

The FLSA mandates that a tipped worker must be paid at least $2.13 per hour. The FLSA tip credit can be equal to the different between the direct (or cash) wage paid to the employee and the federal minimum wage. Only tips actually received by an employee count when making the determination of a tipped employee and applying the credit.

The FLSA also permits employees to “pool” or share tips with other eligible employees, although it doesn’t impose a limit on the amount or percentage of the contribution of each employee in a valid tip pool.

State law may differ from the federal FLSA standards. Review what tip laws apply in Maine.

When Were the Tip Laws Last Updated in Maine?

The tip laws were updated in Maine in June of 2023.

Does Maine Have Tip Laws That Differ from Federal Tip Laws?

Yes, Maine has tip laws that differ from federal laws. Employers are permitted to count tips as part of an employee’s wage, but the credit cannot be more than 50% of the minimum hourly rate. Maine also has a higher statewide minimum wage than the federal rate, so employers must adhere to the current rate.

Who Holds the Ownership of Tips in Maine?

Under federal law, any gratuities paid to employees are their property. Employers are not permitted to require employees to hand in their tips, although they are allowed to count the tip toward the hourly rate.

What are the Rules for Distribution of Credit Card Processing Tips in Maine?

Federal law states that all tips paid by credit card must be issued to employees no later than the next regular payday, even if the employer is awaiting reimbursement from the financial provider.

What are the Tip Pooling Rules in Maine?

Employers may establish mandatory tip pools, but the tips must be distributed between service employees.

Who Can and Can’t Participate in Tip Pools in Maine?

Tipped can participate in tip pools, and a law passed in 2023 also allows non-service employees to participate (such as dishwashers or kitchen staff). Supervisors, managers, and owners/employers may not.

Is there a Difference Between Tips and Service Charges in Maine?

Yes, a mandatory service charge is not considered a tip. Therefore, it would belong to the employer.

To be considered a tip instead of a service charge, a customer must give money voluntarily in an amount of their own choosing. The customer must also be able to determine who receives it, and it can’t be set by employer policy.

Can Employers Deduct Credit Card Fees from Tips in Maine?

No. State law in Maine requires that any tip charged on a credit card be treated the same as one given in cash. No deductions can be made.

Do Tips Count Toward the Minimum Wage in Maine?

Yes, the tip credit can count toward minimum wage.

Do Tips Factor Into Regular Rate Calculations for Overtime Pay in Maine?

No, tips don’t factor into rate calculations for OT pay. Any eligible employee working over 40 hours in a week should receive overtime pay (1.5 times their normal hourly wage), and the employer can’t include the tip credit in that calculation.

Are There Cities and Municipalities in Maine That Have Their Own Tip and Service Charge Rules That Differ from Statewide Laws?

Because Portland, Maine, currently has a slightly higher minimum wage than the statewide rate, this city requires employers to take a different tip credit amount to adhere to the 50% threshold.

What Are the Record-Keeping Requirements for Employers Regarding Tips in Maine?

Employers must keep detailed records of all tips reported by employees, including amounts and dates of service. If tip pooling is in effect, the record should also include the arrangements and the distribution of tips to eligible staff members.

What Options Do Employees Have for Remuneration if Their Tips are Withheld in Maine?

An employee may take legal action against an employer who violates state tip laws.

What are the Penalties for Employers for Not Complying with Maine Tip Laws?

Violating Maine tip laws can subject an employer to a penalty of up to $500. Employees may also be permitted to recover the unpaid wages in damages.

Managing the regulations associated with tips in Maine can be a challenge. But with WorkforceHub, your business can ensure accuracy. The numerical clock prompt feature allows the employee to input their received tips at the end of the shift, and that information would be available for reporting and payroll processing. Explore our selection of time clocks to find what works for your business.

Maine Department of Labor

Minimum wage increases