Backserver

The U.S. Department of Labor sets the federal minimum wage at $7.25 per hour for covered non-exempt workers, unchanged since July 24, 2009, and applicable in 2026. Overtime pay is required at 1.5 times the regular rate for all hours worked over 40 in a workweek. Many states have higher minimum wages exceeding $15 per hour.

The federal minimum cash wage for tipped employees is $2.13 per hour as of 2026; employers must ensure tips plus cash wage equal at least $7.25 per hour or make up the difference. This rule applies to servers, bartenders, and bussers who customarily receive more than $30 per month in tips. Tip pooling is allowed if it benefits tipped employees only.

The Bureau of Labor Statistics reports the median annual wage for waiters and waitresses at $36,460, or $17.53 per hour, based on May 2023 data serving as the benchmark for 2026. The lowest 10 percent earned less than $21,760, while the highest 10 percent earned more than $56,680 annually. Wages include tips as part of total earnings.

The H-2B visa allows temporary non-agricultural workers for seasonal restaurant jobs, with a statutory annual cap of 66,000 visas for FY 2026 split as 33,000 per half-year. Employers must obtain a temporary labor certification from DOL before filing Form I-129 with USCIS, with fees of $460 for the petition. Processing takes 2-4 months plus premium processing option for 15 days at $1,685.