Minnesota Tipping Laws & Regulations (2026)

No Tip Credit — Full Minimum Wage Required

Minnesota's most distinctive feature: no tip credit is allowed. All employees, including tipped employees, must receive the full minimum wage.

• Large employers (100+ employees): $10.85/hr minimum
• Small employers (fewer than 100 employees): $8.85/hr minimum
• This applies to all employees regardless of whether they receive tips
• Tips are extra compensation, not a substitute for wages
• This is one of the strongest employee-protection states in the nation

Tip Pooling Regulations

Minnesota allows tip pooling, but with a critical restriction:

• Tips may be pooled among customarily tipped employees (servers, bartenders, bussers, food runners)
• Non-tipped employees (kitchen staff, dishwashers) cannot participate
• Employers CANNOT retain any portion of pooled tips under any circumstance
• 100% of pooled tips must be distributed to employees
• The tip pool must be reasonable and transparent
• Employees must be informed of tip pooling arrangements in writing

Tip Sharing Policies

While tip sharing is allowed:

• Servers may voluntarily share tips with front-of-house staff (bussers, runners, hosts)
• Tips cannot be forcibly shared with non-customarily-tipped positions
• An employer cannot require tips to be shared as a condition of employment
• All sharing arrangements must be documented and voluntary

Overtime Rules for Tipped Employees

Overtime calculations in Minnesota are straightforward:

• Overtime is calculated on the full minimum wage plus averaged tips
• Tipped employees are entitled to 1.5x the full rate for hours over 40 per week
• Because Minnesota requires full minimum wage, overtime calculations are simpler than in tip credit states
• Gratuity Solutions automatically ensures correct overtime compliance

Record-Keeping Requirements

Minnesota employers must maintain:

• Daily tip records for each tipped employee
• Proof that all employees received at least the full minimum wage
• Records of any tip pooling or sharing arrangements
• Documentation showing no tips were retained by management or owners
• These records must be kept for at least 3 years

Unique Provision: Two-Tier Minimum Wage Structure

Minnesota uses an interesting approach to minimum wage:

• Large employers (100+ employees full-time equivalent): $10.85/hr
• Small employers (fewer than 100): $8.85/hr
• The "size" determination is based on full-time equivalent headcount
• This creates complexity for multi-location operators
• Gratuity Solutions automatically tracks employer size and applies the correct minimum wage