---
title: "Which States Pay Servers $2.13 an Hour?"
url: https://www.tipmaxapp.com/us/answers/states-where-servers-make-2-13-an-hour
language: en
publisher: TipMax (Entermaurs Incorporated)
date_published: 2026-09-23
last_verified: 2026-09-23
---

# Which states pay servers $2.13 an hour?

**Short answer:** In 13 states, servers effectively get the federal floor: a cash wage of **$2.13 an hour**, with tips counted toward the **$7.25** federal minimum. That’s legal only if your wages plus tips reach at least $7.25 an hour; if they don’t, your employer has to make up the difference. Your employer also has to tell you it’s counting your tips toward minimum wage.

## Why $2.13?

Federal wage law lets employers take a “tip credit”: they pay at least $2.13 an hour in cash wages and count your tips toward the rest of the $7.25 minimum. The most tips they can count is $5.12 an hour. Your employer can do this only if it told you about the tip credit and you keep all your tips, except through a valid tip pool. If a week’s tips don’t cover the gap, your employer must pay the difference by the regular payday for that week.

| State | Cash wage | DOL note | State income tax on tips |
| --- | --- | --- | --- |
| Alabama | $2.13 | No state MW law; federal $7.25 applies | Not checked yet |
| Georgia | $2.13 | $5.15 state ("employers of 6 or more"); federal $7.25 applies to FLSA-covered | Georgia doesn’t follow the federal deduction, but up to $1,750 of tipped wages may be excluded from Georgia taxable income. |
| Indiana | $2.13 | $7.25 ("employers of 2 or more") | Not checked yet |
| Kansas | $2.13 | $7.25 | Not checked yet |
| Kentucky | $2.13 | $7.25 | Not checked yet |
| Louisiana | $2.13 | No state MW law; federal $7.25 | Not checked yet |
| Mississippi | $2.13 | No state MW law; federal $7.25 | Not checked yet |
| North Carolina | $2.13 | $7.25 | Not checked yet |
| South Carolina | $2.13 | No state MW law; federal $7.25 | Not checked yet |
| Tennessee | $2.13 | No state MW law; federal $7.25 | Not checked yet |
| Texas | $2.13 | $7.25 (adopts federal by reference; excludes FLSA-covered) | Texas has no personal income tax. |
| Utah | $2.13 | $7.25 | Not checked yet |
| Wyoming | $2.13 | $5.15 state; federal $7.25 applies to FLSA-covered | Not checked yet |

## Official sources

- [U.S. Department of Labor, Fact Sheet #15](https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa)
- [U.S. Department of Labor: Minimum wages for tipped employees (state table)](https://www.dol.gov/agencies/whd/state/minimum-wage/tipped)
- [U.S. Department of Labor: State minimum wage laws](https://www.dol.gov/agencies/whd/minimum-wage/state)

---

TipMax Answers explains public government guidance on pay and workplace rules in plain English for tipped workers. It is **not legal, tax, or accounting advice**. Rules change and local rules can add to them. Confirm with the agency linked on this page or a qualified professional. TipMax the app helps you track tips and pay; it doesn’t enforce wage law or decide disputes.