Description
New Jersey Food Service Wage Regulations Poster
Help satisfy New Jersey restaurant and food service workplace posting requirements with the New Jersey Food Service Wage Regulations Poster. This industry-specific notice explains wage and hour requirements for employees working in restaurants, catering operations, and other covered food service establishments.
The notice addresses minimum wages, tipped employee compensation, overtime, gratuities, and other employment requirements under New Jersey's Food Service Occupations Regulations.
Poster Specifications
- Quantity: 1 poster
- Size: 11"W x 17"H
- Orientation: Portrait
- Language: English
- Format: Full-color food service wage regulations poster
- Finish: Completely laminated with high-quality laminate
- Official Notice: New Jersey Food Service Occupations Regulations (MW-278)
- Regulations: N.J.A.C. 12:56-14
Who Must Display the New Jersey Food Service Wage Poster?
New Jersey publishes the Food Service Occupations Regulations notice for employers operating covered restaurant and food service businesses.
Covered food service occupations can include employees working in:
- Restaurants
- Cafes and coffee shops
- Dining establishments
- Catering operations
- Banquet services
- Food and beverage establishments
- Other businesses covered by New Jersey's restaurant industry regulations
Food service occupations in hotels and motels may be subject to separate New Jersey hotel and motel wage order regulations.
What Are New Jersey's Food Service Occupations Regulations?
New Jersey's Food Service Occupations Regulations establish wage and hour protections for employees working in the restaurant industry.
These regulations address minimum wage, overtime compensation, tipped employees, gratuities, and other employment practices.
The New Jersey Department of Labor and Workforce Development publishes the official MW-278 Food Service Occupations Regulations notice for workplace display.
2026 New Jersey Minimum Wage for Food Service Employees
Effective January 1, 2026, New Jersey's minimum wage for most covered employees is $15.92 per hour.
Food service employers must comply with applicable minimum wage requirements, including special rules governing employees who regularly receive tips.
Employers should review the current New Jersey Wage and Hour Law Abstract (MW-220) for the applicable wage rates.
2026 New Jersey Tipped Employee Minimum Wage
New Jersey permits qualifying employers to apply a tip credit toward the minimum wage obligation for eligible tipped employees.
Effective January 1, 2026:
- General Minimum Wage: $15.92 per hour
- Minimum Cash Wage for Tipped Employees: $6.05 per hour
- Maximum Tip Credit: $9.87 per hour
An employee's cash wages and qualifying tips must together equal at least the applicable minimum wage. If earnings fall below the required amount, the employer must pay the difference.
Who Qualifies as a Tipped Employee?
Under New Jersey regulations, a tipped employee generally includes a worker who customarily and regularly receives more than $30 per month in tips.
Examples can include restaurant servers, bartenders, and other qualifying service employees.
Employers must satisfy applicable eligibility and notification requirements before applying a tip credit.
What Must Employers Tell Tipped Employees?
Before claiming a tip credit, New Jersey employers must inform affected employees of:
- The cash wage the employer will pay
- The amount of the tip credit claimed
- The employee's right to retain tips, subject to lawful tip pooling arrangements
- The requirement that the employee receive at least the applicable minimum wage
Are Tips the Property of Employees?
Yes. Tips generally belong to the employees who receive them.
Employers may not retain employee tips for their own use or divert tips to cover credit card processing fees.
New Jersey permits qualifying tip pooling arrangements subject to applicable restrictions.
Are Mandatory Service Charges Considered Tips?
No. A compulsory service charge added to a customer's bill is not automatically considered a tip under New Jersey law.
Employers should distinguish voluntary customer gratuities from mandatory service charges when calculating wages and determining whether a tip credit applies.
New Jersey's 80/20 Rule for Tipped Employees
New Jersey limits the use of a tip credit when employees spend substantial time performing related duties that do not directly produce tips.
When a tipped employee spends more than 20 percent of the workweek performing related non-tipped duties, the employer generally cannot apply the tip credit to time spent performing those duties.
Employers should review current state requirements when assigning employees both tipped and non-tipped work.
Overtime Requirements for Food Service Employees
New Jersey generally requires overtime compensation at one and one-half times the employee's regular hourly rate for hours worked beyond 40 in a workweek, unless an applicable exemption applies.
Employers taking a tip credit must follow special rules for calculating overtime compensation for tipped employees.
The overtime calculation must use the applicable full wage rate rather than simply multiplying the employee's reduced tipped cash wage.
Food and Lodging Provided to Employees
New Jersey's Food Service Occupations Regulations also address the treatment of food and lodging provided to employees.
Employers must comply with applicable restrictions concerning food and lodging credits, employee compensation agreements, and overtime calculations.
Where Should the New Jersey Food Service Poster Be Displayed?
The New Jersey Department of Labor and Workforce Development instructs employers to display the Food Service Occupations Regulations poster in a conspicuous workplace location.
Appropriate locations can include:
- Restaurant employee break rooms
- Employee bulletin boards
- Kitchen employee areas
- Employee entrances
- Time-clock areas
- Other locations accessible to food service employees
Is the New Jersey Food Service Wage Poster Required?
New Jersey maintains industry-specific Food Service Occupations Regulations and publishes the MW-278 notice for workplace display.
The notice is intended for covered food service establishments rather than every New Jersey employer.
Employers should display the applicable current wage and hour notices and ensure employees receive accurate information about current minimum wage rates.
Does This Replace the New Jersey Minimum Wage Poster?
No. The Food Service Occupations Regulations poster addresses industry-specific requirements and does not replace the general New Jersey Wage and Hour Law Abstract (MW-220).
Food service employers should maintain the current general minimum wage notice and any additional workplace postings applicable to their operations.
Keeping New Jersey Food Service Wage Notices Current
New Jersey minimum wage rates are subject to periodic adjustments, including annual increases.
Employers should review the current New Jersey Department of Labor and Workforce Development wage information and replace or supplement outdated notices when necessary.
New Jersey Workplace Compliance Resources
Labor Law Compliance Center provides New Jersey employers with state and federal labor law posters, food service wage notices, specialty workplace postings, and compliance resources. Visit our New Jersey Labor Law Posters page or browse our New Jersey State Specialty Posters for additional New Jersey workplace compliance products.
