PaidFairTip pooling and tip credit laws in Oregon
Reviewed September 25, 2026 · General information, not legal advice · Rates verified against the Oregon Bureau of Labor & Industries
Oregon does not allow a tip credit. Tips cannot count toward the minimum wage.
Managers, supervisors, and owners may never share in a mandatory tip pool — that rule is federal and applies in every state. Because no tip credit is taken here, a pool including back-of-house staff is generally permitted.
The numbers
- Minimum wage
- $15.05State rate
- Tipped cash wage
- $15.05Full minimum wage
- Max tip credit
- $0.00Not permitted
These figures are as of July 1, 2025 and change — most often each January. Before you rely on a number, confirm it at the source: Oregon Bureau of Labor & Industries →
Who can be in the tip pool
| Who | In a mandatory pool? | Why |
|---|---|---|
| Servers, bartenders, bussers, runners | Yes | Customarily and regularly tipped employees. |
| Cooks, dishwashers, prep (back of house) | Generally permitted | Oregon takes no tip credit, so the broader pool permitted by the 2021 federal rule is generally available. |
| Managers, supervisors, owners | Never | Prohibited by the FLSA nationwide, regardless of how much tipped work they do. |
What's different in Oregon
- Oregon runs three minimum wage tiers — Portland metro, standard, and non-urban counties — so the rate depends on where the business is located.
- With no tip credit, tip pools may generally include back-of-house staff.
- Managers and supervisors may not share in a mandatory tip pool.
- Oregon's rates adjust on July 1, not January 1.
Service charges are not tips
Oregon does not treat a mandatory service charge as a tip. Employers should be clear with customers about whether a charge goes to staff.
This trips people up constantly: a mandatory charge — a party-of-eight auto-gratuity, a banquet fee, a delivery charge — is generally not a tip under federal law. Any part of it paid to employees is wages, which changes overtime math and payroll treatment. If you are running both tips and service charges, keep them in separate columns.
The federal floor, everywhere
State law sits on top of the federal Fair Labor Standards Act. Three federal rules apply in Oregon no matter what:
- Tips belong to the employee. The employer cannot keep them, and cannot use them for anything but a valid pool or a lawful tip credit.
- Managers and supervisors are always out of the pool. No exceptions for owner-operators who work the floor.
- Taking a tip credit narrows the pool. Pay the full minimum wage in cash and back-of-house may be included; take the credit and it may not.
Federal baseline as of January 1, 2026: $7.25 minimum wage, $2.13 tipped cash wage, $5.12 maximum tip credit. Source: U.S. DOL Fact Sheet #15.
What actually protects you: the record
Almost every tip dispute — and almost all of the real legal exposure — comes down to the same thing. Not the percentage. Whether you can show who was working, what was counted, and how it was split. Employers carry the burden of showing that a tipped employee's wages plus tips reached the full minimum wage, and a shoebox of till slips does not do that.
How PaidFair helps. It keeps a per-person record of every tip count and every split, weighted by the minutes each person was actually on the clock, with the arithmetic shown and reconciled to the exact cent. It exports clean hours and tips for payroll. It is your record of what happened — not legal advice, and not a compliance guarantee.
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Sources and where to confirm
- Oregon Bureau of Labor & Industries — the authority for Oregon wage and tip rules.
- U.S. DOL Fact Sheet #15 — federal rules for tipped employees.
- U.S. DOL — minimum wages for tipped employees by state — the federal side-by-side table.
This is general information, not legal advice. Wage and hour law changes, local ordinances can override state rates, and how these rules apply depends on facts specific to your business. Confirm anything you plan to act on with the Oregon Bureau of Labor & Industries and an employment attorney licensed in Oregon.
Other states