2023 Rhode Island Tipped Minimum Wage
The 2023 Rhode Island Tipped Minimum Wage is $3.89.
Effective 2023-01-01Source: A Guidebook to Rhode Island's Wage and Workplace Laws (Rev. 12/2024) (Rhode Island Department of Labor and Training)Verified 2026-08-31
Who it applies to
Employers in Rhode Island who have wait staff or other employees who receive tips
What changed this year, and why
Rhode Island's tipped minimum wage sets the minimum cash wage that employers must pay wait staff and other tipped employees.
Common questions
- How does the tipped minimum wage work in Rhode Island?
- Employers must pay tipped employees at least $3.89 per hour in cash wages. Tips must bring total earnings to at least the full minimum wage for all hours worked.
What a tip credit is, and the cash wage underneath it
Under Rhode Island law, the minimum cash wage for wait staff is set at $3.89 per hour as of January 1, 2017. Employers must then add the tips received by employees to ensure that total earnings reach at least $14.00 per hour, which is the minimum wage as of January 1, 2024. This arrangement recognizes that certain service positions, such as servers and bartenders, regularly receive tips as part of their compensation. If an employee's tips combined with the cash wage do not meet the minimum wage threshold, the employer must make up the difference. Workers in Rhode Island who rely on tips should understand that their employer is required to track and verify that their total hourly compensation meets or exceeds the state minimum wage. This system ensures that tipped employees are fairly compensated while allowing employers to account for tip income when calculating wages.
Commencing January 1, 2017, wait staff must be paid at least $3.89 per hour and the number of tips received must bring this amount to $14.00 as of January 1, 2024, for all hours worked.
A Guidebook to Rhode Island's Wage and Workplace Laws (Rev. 12/2024) (Rhode Island Department of Labor and Training)
When the tips do not get you to the minimum wage
Under Rhode Island law, wait staff must be paid at least $3.89 per hour, and the number of tips received must bring this amount to $14.00 as of January 1, 2024, for all hours worked. This means that if your tips combined with the cash wage do not equal the full minimum wage for the hours you worked, your employer in Rhode Island must make up the difference. For example, if you work a slow shift and your tips are low, your employer still owes you enough to reach $14.00 per hour total. The employer cannot simply pay you $3.89 per hour and leave you short. Rhode Island law places the responsibility on the employer to ensure that tipped employees receive at least the minimum wage for every hour worked, regardless of how much they actually earned in tips during that pay period. This protection ensures that Rhode Island tipped workers never fall below the minimum wage floor, even during periods when business is slow or tips are scarce.
wait staff must be paid at least $3.89 per hour and the number of tips received must bring this amount to $14.00 as of January 1, 2024, for all hours worked.
A Guidebook to Rhode Island's Wage and Workplace Laws (Rev. 12/2024) (Rhode Island Department of Labor and Training)
The notice an employer owes you before it takes the credit
Rhode Island requires employers to maintain written records of tips received by employees when claiming a tip credit. The employer must have received and kept as part of permanent payroll records for that week a statement signed by the employee certifying the amount of gratuities, as credited, has been received. This means that if your employer in Rhode Island is using a tip credit to meet minimum wage requirements, they must have your signed statement documenting the tips you actually received for that work week. You must fill in the amount of tips and sign the statement yourself. This protects Rhode Island workers by ensuring employers cannot claim tip credits without proper documentation from the employee. The signed statement becomes part of the employer's permanent payroll records and must be kept on file. If you believe there is a discrepancy between the tips you reported and what your employer is claiming, you are entitled to a hearing in the Division of Labor Standards.
The employer must have received and kept as part of permanent payroll records for that week a statement signed by the employee certifying the amount of gratuities, as credited, has been received.
A Guidebook to Rhode Island's Wage and Workplace Laws (Rev. 12/2024) (Rhode Island Department of Labor and Training)
When state law gives more than the federal rule
Rhode Island workers are covered by both state and federal wage laws when it comes to tipped employment. Where there is coverage under both state and federal law the higher or more restrictive standard takes precedence. This means that if Rhode Island law provides a higher minimum cash wage or a smaller maximum tip credit than federal law, your employer in Rhode Island must follow the Rhode Island rule because it is more protective of you as an employee. For 2023, Rhode Island sets the minimum cash wage for tipped workers at $3.89 per hour, which is the figure your employer must use if it is more favorable than what federal law requires. The principle is straightforward: whenever the two laws overlap, whichever one puts more money in your pocket or gives you greater protection is the one that applies to your wages in Rhode Island.
Where there is coverage under both state and federal law the higher or more restrictive standard takes precedence.
A Guidebook to Rhode Island's Wage and Workplace Laws (Rev. 12/2024) (Rhode Island Department of Labor and Training)
Your employer, your manager and your supervisor may not keep your tips
Your employer, your manager and your supervisor may not keep your tips belongs to you. In Rhode Island, employers are prohibited from keeping any portion of tips received by employees. This means all tips belong to the employee who received them, and your employer cannot take a share for the business or distribute them to managers or supervisors. While Rhode Island law allows employers to use a tip credit toward meeting minimum wage requirements, they cannot confiscate or retain your tip income. The tip credit simply allows the employer to count a portion of your tips when calculating whether they've met their minimum wage obligation to you. Any tip pooling arrangements must only include employees who customarily and regularly receive tips, such as servers and bartenders. Managers and supervisors are excluded from participating in tip pools. This protection ensures that Rhode Island workers who earn tips retain full ownership of that income, and employers cannot use their position to claim any portion of it.
The amount of gratuities credited may not exceed 50% of the applicable minimum wage.
A Guidebook to Rhode Island's Wage and Workplace Laws (Rev. 12/2024) (Rhode Island Department of Labor and Training)
Which tip pools you can be made to join
Rhode Island law does not specifically address tip pooling arrangements in the state guidebook. However, Rhode Island follows federal Fair Labor Standards Act rules on this issue. Under federal law, tip pools must be limited to employees in occupations in which they customarily and regularly receive tips. This means that in Rhode Island, if your employer requires you to participate in a tip pool, the pool can only include workers who typically receive tips as part of their job—such as servers, bartenders, and bussers. Managers, supervisors, and non-tipped employees like cooks or dishwashers cannot be included in the tip pool. Your employer also cannot keep any portion of your tips for the business. The tip credit rules still apply: your employer can only count your tips toward the minimum wage if the pool arrangements comply with these federal standards. Rhode Island workers should understand that while the state allows tip pooling, it must be structured properly to protect your right to receive the tips you earn.
An employee working in an occupation where it is customary to receive gratuities must be paid the stated minimum rates.
A Guidebook to Rhode Island's Wage and Workplace Laws (Rev. 12/2024) (Rhode Island Department of Labor and Training)
Doing two jobs for one employer
Rhode Island law requires that when employees perform two different jobs for the same employer—one tipped and one non-tipped—the employer must track and pay for each job separately. If you work as a server (a tipped position) and also work as a host or cook (non-tipped positions), your employer cannot apply a tip credit to the hours you spend in the non-tipped role. This means you must receive the full minimum wage for all non-tipped work hours, regardless of how much you earn in tips during your server shifts. Rhode Island employers must maintain accurate records showing which hours you worked in each capacity and ensure proper wage payment for each. The tip credit only applies to hours when you're actually performing tipped work where you customarily receive gratuities. This dual-job protection prevents employers from using your tip income to subsidize wages for work that doesn't generate tips, ensuring you're properly compensated for all the different types of work you perform.
An employee working in an occupation where it is customary to receive gratuities must be paid the stated minimum rates.
A Guidebook to Rhode Island's Wage and Workplace Laws (Rev. 12/2024) (Rhode Island Department of Labor and Training)
How each figure was verified
Each number below was read from a stored copy of the document named beside it, and checked to occur word for word in the quoted sentence. The digest is of that stored text.
A Guidebook to Rhode Island's Wage and Workplace Laws (Rev. 12/2024) (Rhode Island Department of Labor and Training)
- Minimum cash wage
Commencing January 1, 2017, wait staff must be paid at least $3.89 per hour and the number of tips received must bring this amount to $14.00 as of January 1, 2024, for all hours worked.
Other years
Every Rhode Island Tipped Minimum Wage year · Tipped Minimum Wage in every state