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Tipped employees: What amount must an employer pay a tipped employee for hours worked over 40 in a workweek?

"Time and one-half" is the minimum wage ($12.30) plus one-half of the minimum wage ($6.15), resulting in a total overtime wage of at least $18.00 per hour. Section 290.512.1, RSMo, and the state Labor Department's regulation 8 CSR 30-4.020(1) allows an employer to apply a tip credit up to 50 percent ($6.15) of the minimum wage of $12.30 per hour. This tip credit, however, does not increase for overtime hours. The maximum tip credit employers may take on the wage rates they pay tipped employees is still 50 percent of the minimum wage rate ($6.15) for both hours worked up to and over 40 in a workweek. Thus, employers must pay tipped employees at least $12.30 per hour for their overtime hours, as long as their tips average $6.15 an hour. But, if the employee does not earn at least $6.15 per hour in tips for the overtime hours, the employer must make up the difference between the actual amount earned per hour by the employee in wages and tips for $18.45 total.

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