The headline numbers
Matches federal minimum. Repeated legislative efforts to raise have failed.
Pennsylvania allows employers to take a tip credit of $4.42/hour against the full state minimum wage. That means the employer can pay you as little as $2.83/hour in direct wage, as long as your tips bring total earnings to at least $7.25/hour for the pay period. If tips fall short, the employer must make up the difference.
Tip pool rules
Updated 2022 PA DLI rule requires written tip credit notice; managers strictly excluded; sidework over 20% requires full minimum.
Universal rules that apply in every state regardless of tip credit status:
- Managers and supervisors cannot keep any portion of tips, even in a valid tip pool. This is a federal rule under FLSA Section 203(m)(2)(B) and applies in Pennsylvania.
- Workers must keep all tips minus valid tip pool / tip-out contributions.
- If the employer uses a tip credit, only customarily tipped employees can be in the tip pool. To include BOH (cooks, dishwashers), the employer must pay full minimum wage to all participants.
Sidework and the 80/20 rule in Pennsylvania
Pennsylvania has an active 80/20 rule under PA DLI regulations updated in 2022. Non-tipped work above 20% requires full state minimum.
The federal 80/20 rule was struck down by the 5th Circuit in Restaurant Law Center v. DOL (2024) and is no longer enforceable as a federal regulation. Whether sidework time over 20% triggers full-minimum-wage protection in Pennsylvania depends entirely on state-level enforcement. Fortunately, Pennsylvania has its own active state-level sidework protections — see above.
Local minimums that may apply
Several cities and counties in the U.S. set higher minimum wages than their state. Local minimums always supersede state minimums where applicable. Check whether your city has its own ordinance:
- No major city-level minimum wage ordinances in Pennsylvania currently — the state minimum applies statewide for tipped workers.
Notable state-specific items
- Local earned income tax adds 1-4% on top of state
- Philadelphia particularly high effective tax rate for tipped workers
- 2022 PA tip credit rule update strengthened worker protections
How to verify the current numbers
Wages, indexed minimums, and tip credit rules change. Always cross-check before relying on specifics:
- State labor agency: https://www.dli.pa.gov/
- State revenue agency (for tax info): https://www.revenue.pa.gov/
- Federal DOL Wage and Hour Division: dol.gov/agencies/whd