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As per the U.S. Department of Labor, the federal minimum wage for restaurant workers is $7.25 per hour as of January 1 2026. Tipped employees receive a cash wage of $2.13 per hour with tips required to reach the full $7.25 minimum. Overtime pay at 1.5 times the rate applies after 40 hours in a workweek.

As per the U.S. Department of Labor, non-exempt restaurant employees must receive overtime after 40 hours worked in a workweek during 2026. Employers must pay 1.5 times the regular rate for all hours over 40. Breaks of 30 minutes or more are not counted as working time if the employee is completely relieved of duties.

As per U.S. Citizenship and Immigration Services, all new hires must complete Form I-9 by the end of their first day of work in 2026. Acceptable documents include a U.S. passport or green card combined with a driver's license. Employers must reverify work authorization before expiration of documents such as Employment Authorization Documents.

As per the Internal Revenue Service, employers must withhold income tax, Social Security at 6.2 percent, and Medicare at 1.45 percent on all tips reported in 2026. Employees must report tips of $20 or more in a month to their employer by the 10th of the following month. Unreported tips are still subject to self-employment tax on Schedule SE.