There is one corner of American wage law where many of the workers it covers have campaigned to keep their legal minimum low. That corner is the tipped minimum wage, and it is the most revealing case in the whole minimum-wage debate.
At the federal level, a restaurant can pay a server $2.13 an hour in cash, provided tips bring the total up to $7.25. That $2.13 figure has not moved since 1991. To One Fair Wage and its allies, that frozen number is proof of a system rigged against a mostly female workforce. To restaurant owners, and to many servers, it is why a good server can out-earn most minimum-wage workers without the restaurant going broke.
Over the past four years the fight has moved from slogans to real ballots. The results are messier than either side admits.
How the tip credit works
Under the Fair Labor Standards Act, an employer of workers who regularly receive more than $30 a month in tips can count up to $5.12 of those tips toward the $7.25 federal minimum. That $5.12 is the "tip credit." The employer must pay at least $2.13 in cash, and if tips in a given week fail to bring the worker up to $7.25 an hour, the employer has to make up the difference, according to the Department of Labor.
The structure dates to 1966, when tipped workers were brought under the federal minimum at half the regular rate. The cash wage reached $2.13 in 1991 and was decoupled from the regular minimum in 1996, so it stayed put while the regular federal minimum climbed to $7.25, as the Center for American Progress recounts. Inflation has eaten most of its value. That is the critics' strongest point.
But notice what the $2.13 is not. It is not what servers earn. It is the employer's share of a guaranteed $7.25, with customers paying the rest. The Bureau of Labor Statistics puts the median hourly wage of waiters and waitresses at $16.94 in May 2025, and BLS states that figure includes tips. The median hides a wide range: a busy steakhouse and a quiet roadside diner are different worlds.
Who has abolished it
Seven states require the full state minimum wage before tips, with no tip credit: Alaska, California, Minnesota, Montana, Nevada, Oregon and Washington. (Montana has a lower rate for very small businesses not covered by federal law.) That list comes from the Department of Labor's table of state tipped wages, current as of July 1, 2026. In Washington the cash wage for a server is $17.13. In California it is $16.90.
Most states sit in between. They set a cash wage above $2.13 but still allow a credit. Illinois, for example, lets employers take a credit of 40 percent of its $15 minimum, for a $9 cash wage. A smaller group still uses the federal $2.13.
D.C.: the voters said yes, then the Council said wait
Washington, D.C. is the cleanest test case. In November 2022, voters approved Initiative 82 with about 74 percent of the vote. It was the second try: the Council had repealed a similar measure, Initiative 77, in 2018. Initiative 82 raised the tipped cash wage from $5.35 in steps: $6, then $8 in July 2023, $10 in July 2024, $12 in July 2025 and $14 in July 2026, reaching the full minimum in July 2027, according to a Polsinelli summary of the law.
It stopped at $10. On June 3, 2025, the Council voted to pause the July 2025 increase. The Council rejected Mayor Muriel Bowser's proposal for full repeal, which would have set the base wage at $5.95, and a separate $8-base, $20-floor plan. Then, on July 28, 2025, during the vote on the fiscal 2026 budget, it voted 7–5 for a compromise that partially repealed Initiative 82.
Under that compromise, the tipped wage is a percentage of the full minimum: 56 percent from July 1, 2026, then 60 percent in 2028, rising five points every two years to a cap of 75 percent in 2034. The tip credit survives permanently. The city's Department of Employment Services confirms the result: on July 1, 2026 the full minimum rose to $18.40 and the tipped base wage rose from $10.00 to just $10.30. Under the original initiative, it would have been $14.
Chicago, Michigan, and the ballot fights
Chicago. In October 2023 the City Council passed the One Fair Wage ordinance, which cut the tip credit from 40 percent of the minimum wage by eight points a year until it disappeared on July 1, 2028. By 2026 the credit was down to 24 percent, a $12.62 cash wage against a $16.60 minimum. In March 2026 the Council voted 30–18 to freeze it there. Mayor Brandon Johnson vetoed it, and an April 15 override attempt failed 30–19, four votes short. Then, on May 20, the Council passed a compromise 49–1 that pauses the phase-out for two years. Under the new schedule, employers with 21 or more workers eliminate the credit by July 1, 2030, and those with three to 21 by July 1, 2033, according to the Illinois Restaurant Association's summary reported by Fox 32.
Michigan. Voter-initiated measures from 2018 would have abolished the tip credit, and the state Supreme Court rejected the Legislature's attempts to soften them, upholding the originals. Before the deadline the court set, the Legislature passed Senate Bill 8, signed on February 21, 2025, which keeps the credit and instead raises the tipped wage gradually to 50 percent of the regular minimum by 2031, as both SHRM and the Department of Labor describe it.
Maine did the same thing earlier. Voters eliminated the tip credit in 2016. In 2017 the Legislature restored it and Gov. Paul LePage signed the bill, reported the Bangor Daily News, after a public hearing at which 178 people testified for and against restoring it.
Massachusetts. In November 2024, Question 5 would have raised the tipped wage from $6.75 to the full $15 minimum by 2029. It lost badly. Official state returns show 1,200,966 yes votes and 2,147,233 no, or about 64 percent against among those who voted on it. That happened in one of the most progressive electorates in the country. The same day, Arizona voters rejected a restaurant-backed measure to widen that state's tip credit, by about three to one in early returns. Voters seem to prefer the status quo in both directions.
The two cases
The case for abolition, made by One Fair Wage and allied researchers, has three parts. First, poverty. The Center for American Progress, drawing on 2016–2020 data, found that 14.8 percent of tipped workers were in poverty in $2.13 states versus 11 percent in states with no tip credit. Second, dignity and safety. A worker whose income depends on customers' approval is exposed to harassment. CAP cites a Restaurant Opportunities Centers United survey finding that women in $2.13 states reported harassment roughly twice as often. Third, history: CAP ties the spread of American tipping to the period after emancipation.
The industry's case is simpler. Tipped workers are already guaranteed the full minimum. Abolishing the credit adds labor cost to a thin-margin business, and that cost returns as higher prices, service charges, fewer shifts or counter service. Customers facing a fee tend to tip less, so the server may end up no better off.
What servers say
This is the part that should give abolitionists pause. In Massachusetts, Boston.com interviewed nearly a dozen current and former workers before the vote and reported that most of their peers prefer the current system. One Boston server, Jordan Klysner, warned that restaurants would "drop quality or raise our prices." Another, Jason Sosa, worried that under tip pooling "management is going to control that money."
The workers are not unanimous. Bartender Evan George backed Question 5. A North Shore server named Kayla, quoted in the same piece, said "wage theft is rampant in the industry," and that is a fair point: a credit that relies on the employer topping up a bad week only works if the employer actually does it.
In D.C., Yana Tarakanova, a server at Hank's Oyster Bar, wrote in July 2025 that after her restaurant added a service fee, her average tip fell from 23–25 percent to 18–20 percent, and that her hours fell by as much as ten a week. That is one worker's account, not a study, but it is the mechanism economics predicts.
"This idea that you have total control over how much money you make is a myth sold to us by ownership." — Mitch Gayns, former bartender working with One Fair Wage, to Boston.com
That is the best version of the other side, and some servers do want a bigger, steadier base wage. The workers the policy is meant to protect are split. A raise that many of its intended beneficiaries campaign against deserves a second look.
What the evidence shows
Employment. The research leans toward modest job losses, but it is not unanimous. Using state variation in tip credits, William Even and David Macpherson found that reducing the tip credit raises weekly earnings but reduces employment in full-service restaurants. David Neumark and Maysen Yen concluded that higher tipped minimum wages reduce jobs among tipped restaurant workers, without earnings gains big enough to raise total earnings in the sector, and with little sign the policy is well targeted to poor families. (Yen's work was supported by a grant from the Employment Policies Institute, which the paper discloses.) On the other side, Sylvia Allegretto and Carl Nadler, comparing neighboring counties across state lines, found that a 10 percent higher tipped wage raised restaurant earnings by about 0.4 percent and had a small, statistically insignificant effect on employment in their preferred models.
D.C.'s numbers. In September 2024 the National Restaurant Association reported that D.C. full-service restaurants had lost 1,800 jobs (5.9 percent) between May 2023 and August 2024, after adding 3,900 in the year before. Defenders of the initiative pointed to BLS figures showing full-service employment up nearly 9 percent from 2022 to 2024. Both claims rest on the BLS series, which has since been revised. In the current seasonally adjusted series, D.C. full-service employment climbed quickly through early 2023 as the city recovered from the pandemic, then flattened at about 29,800 in May 2023 and stood near 29,200 in August 2026. That is a decline of roughly 2 percent. Over the same period limited-service restaurants, which mostly do not use tipped labor, fell by a bit more.
Prices and service charges. The most visible effect in D.C. was not on headcount but on the check. Restaurants added automatic service charges, from about 3.5 percent to as high as 20 percent, as FSR Magazine reported in February 2024. In a Morning Consult survey prepared for the National Restaurant Association in 2023, 43 percent of frequent D.C. diners said they were eating out less because of higher prices and service charges. That is self-reported and industry-sponsored, but it fits what servers describe: a fee on the bill becomes, in the diner's mind, part of the tip.
Our view
The tipped minimum wage is an odd thing for an abolitionist site to defend, and in a sense we don't. A $2.13 legal floor is still a price control, just a lower one. What the tip-credit fight shows is the whole minimum-wage problem in miniature. A legislated number cannot see the difference between a Friday dinner rush and a dead Tuesday lunch. Raising the employer's share of a wage customers were already paying does not create new money. It moves the cost onto menu prices, fees, hours and the tipping habit itself. Some workers gain, some lose, and the ones best placed to judge are telling pollsters, legislators and reporters which side they expect to be on.
Abolition has now been tried, paused or reversed in Maine, D.C., Michigan and Chicago. Those retreats were carried out by elected officials who mostly support higher wages. That is not proof, but it is telling: when the bill came due, the people closest to the work asked to pay it differently.
The better path is the one we argue for elsewhere. Keep a guarantee that tipped workers end up with a minimum, enforce it seriously against wage theft, and do the redistribution through the tax system, with a stronger EITC, rather than through the price of a dinner.
Sources and further reading
- Minimum Wages for Tipped Employees (state table, July 1, 2026) — U.S. Department of Labor, Wage and Hour Division
- Waiters and Waitresses, Occupational Outlook Handbook — Bureau of Labor Statistics
- District of Columbia Minimum Wage Increase notice, July 1, 2026 — D.C. Department of Employment Services
- D.C. Council partially repeals tipped wage ballot initiative — The 51st, July 29, 2025
- DC Council votes to slow down and cap tipped wage increases — Washingtonian, July 28, 2025
- DC Council votes to pause July 1 wage bump under Initiative 82 — June 2025
- D.C. Votes to Eliminate the Tip Credit by 2027 — Polsinelli
- Chicago City Council fails to override veto of tipped wage freeze — CBS Chicago, April 2026
- Chicago City Council approves two-year pause on the elimination of the tip credit — Rock Fusco & Connelly
- Subminimum wage hike delay OK'd by Chicago City Council — Fox 32 Chicago, May 2026
- Chicago's City Council passes the One Fair Wage ordinance — Amundsen Davis, October 2023
- Michigan accelerates minimum wage increases, saves tip credit — SHRM
- 2024 Question 5 official results — Massachusetts Secretary of the Commonwealth
- What Massachusetts servers say about Question 5 — Boston.com, October 24, 2024
- LePage signs bill into law to restore Maine tip credit — Bangor Daily News, June 27, 2017
- Ending the Tipped Minimum Wage Will Reduce Poverty and Inequality — Center for American Progress, March 2021
- The Employment and Redistributive Effects of Reducing or Eliminating Minimum Wage Tip Credits — Neumark & Yen, NBER Working Paper 29213
- The Effect of the Tipped Minimum Wage on Employees in the U.S. Restaurant Industry — Even & Macpherson, Southern Economic Journal (2014)
- Tipped Wage Effects on Earnings and Employment in Full-Service Restaurants — Allegretto & Nadler, Industrial Relations (2015)
- DC Restaurant Employment Trends (September 2024) and Tipping Behaviors in DC (Morning Consult, 2023) — National Restaurant Association
- D.C. full-service restaurant employment — BLS via FRED