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Restaurant Overtime Calculator: Tips, Service Charges and the Regular Rate (2026)

Tip credit, pooled tips and service charges change overtime pay in different ways. Worked numbers for servers, line cooks and 60-hour kitchen weeks.

JN
Written by Javed Nianat · Payroll & Labor Law Researcher
Fact-checked by Overtime Pay Calculator USA Editorial Team against U.S. Department of Labor guidance and 2026 state labor codes.
Published September 18, 2026Last updated September 18, 20267 min read
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Two Different Weeks in One Restaurant

Front-of-house and back-of-house run on different overtime math, and mixing them is the most common payroll error in the industry. The restaurant overtime calculator separates them.

Servers: the Tip Credit Sets the Rate

A server paid the federal tip-credit cash wage of $2.13 whose tips bring them to at least the full minimum wage still earns overtime on the full minimum wage, not the cash wage: 1.5 × $7.25 = $10.88 per hour (state minimums raise this — several states allow no tip credit at all, so check your state overtime page).

| Line | 46-hour server week (federal) |

| --- | --- |

| Cash wage $2.13 × 46 | $98.00 |

| Overtime premium (6 × $10.88, less the straight time already paid) | $52.22 |

| Minimum gross before tips | $150.22 |

Tips themselves are not wages and stay out of the regular rate — but only genuine tips. A mandatory 18% service charge the house distributes, or tips routed through a manager-controlled pool, can be wages that must join the regular rate. That distinction is where class actions start; the tipped overtime rules cover it line by line.

Kitchen: Straight Hours, Real Overtime

Line cooks earn plain hourly wages, so a 52-hour kitchen week at $19.00 is $19.00 × 40 + $28.50 × 12 = $1,102.00. The errors appear elsewhere:

  • Side work and roll-ups. Making servers spend substantial time on non-tipping side work at the $2.13 cash wage can break the tip credit retroactively, forcing back pay at the full minimum plus overtime.
  • Opening and closing off the clock. Fifteen minutes of unclocked prep per shift is 65 unpaid hours a quarter.
  • A bonus earned that week. A kitchen productivity bonus joins the regular rate before the premium is computed — the same blending rule as in the regular rate guide.

Check the Stub Against the Clock

Compare three things: hours on the stub against the schedule you actually worked, the overtime rate against the correct base (full minimum for tip-credit servers), and any mandatory service charge. Two years of records are recoverable, three if the shortfall was willful.

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Sources and further reading

Every rule in this guide traces back to a primary source. Verify the current text before acting on it — wage rules change.

  1. Fact Sheet #2: Restaurants under the FLSAU.S. Department of Labor
  2. Fact Sheet #15: Tipped Employees under the FLSAU.S. Department of Labor

About the author

JN
Javed Nianat

Payroll & Labor Law Researcher

Javed builds and maintains the overtime calculators on this site and reads the underlying statutes so you do not have to. He tracks FLSA regulations, state wage orders and annual minimum-wage changes across all 50 states, and rewrites every rule into plain English with a worked example.

  • FLSA overtime rules
  • State wage & hour law
  • Regular rate calculations
  • Payroll compliance

Reviewed by Overtime Pay Calculator USA Editorial Team. Every guide is checked line by line against primary sources — the Fair Labor Standards Act, U.S. Department of Labor fact sheets and opinion letters, and each state labor department's current wage order — before it is published, and again whenever rates change. Read our editorial policy or report a correction.

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