Testimony

End the Unjust Subminimum Wage for Tipped Workers


Testimony from NJPP Senior Policy Analyst Peter Chen in support of eliminating subminimum wage for tipped workers.

Published on Apr 10, 2025 in Economic Justice

Good morning Chair and members of the committee. Thank you for the opportunity to testify in favor of A-5433, which phases out subminimum wages for tipped workers. Eliminating the tipped minimum wage will help to alleviate poverty, reduce racial and gender pay disparities, and reduce wage violations in industries prone to exploitation. New Jersey tipped workers have a wage of $5.62 an hour – an appallingly low number in a state with a high cost of living.

A-5433 will reduce employee abuse and wage theft.

  • Tipped workers are subject to high rates of wage theft. According to Rutgers’ research from 2021, restaurants and bars had the highest rate of minimum wage violations outside of private households.
  • With the current subminimum tipped wage system, workers bear the burden of tracking their hours and tips to ensure they are fairly compensated, followed by filing complaints to claw back the wages they rightly earned. (This is confusing for businesses as well!)

 

A-5433 will reduce poverty for tipped workers.

  • Tipped workers have historically received lower total wages than their non-tipped peers and are more likely to live in poverty.
  • They are also disproportionately women and people of color, whose low wages deepen the racial and gender pay gap.
  • Subminimum wages are associated with dramatically higher poverty for tipped workers.

 

A-5433 will allow workers and tipped industries to thrive. 

  • States with one fair wage for tipped workers and untipped workers alike have shown higher growth in restaurants and restaurant employment than states with lower tipped wages.
  • States heavily reliant on food service and hospitality (Nevada, Hawaii, California) have adopted one fair wage and continued to see restaurant growth.
  • Higher base wages will not prevent workers from receiving tips. Gratuities are by definition gratuitous, and consumers can continue to provide tips for service.

 

Phasing out the subminimum tipped wage will be a win for workers and businesses alike.

Author

  • Peter Chen, Senior Policy Analyst, has worked on child and family policy advocacy in New Jersey since 2014. Most recently, he coordinated New Jersey’s nonprofit campaign for a complete count of the 2020 Census. Additionally, Peter has written reports on topics including: childhood lead poisoning prevention, chronic absenteeism from school, teacher certification, and summer meals.

    Prior to New Jersey Policy Perspective, Peter was Policy Counsel at Advocates for Children of New Jersey, where he also served as a Skadden Fellow from 2014-16. Peter received his JD from Yale Law School and his Bachelors of Arts from Indiana University-Bloomington. He served as a law clerk for Chief Justice Shirley Abrahamson of the Wisconsin Supreme Court.

Like this publication?

Please consider supporting NJPP.

Your support powers the research, communications, and partnership building necessary to make policy work for people, so every New Jerseyan can achieve their goal for a healthy and vibrant life.