It sounds like your company needs an accountant to prepare your payroll. Otherwise, you may wind up violalting the law and having to retain an attorney if the DOL investigates, which is much more expensive. Basically, tipped employes are entitled to $5 per hour plus tips up to 40 hours per week. If anyone works more than 40, I strongly recommend that you consult an accountant or employment lawyer.
Under federal labor law, employers of "tipped employees" can take a tip credit of 5.12 if employees make a certain amount in tips. Therefore the federal minimum wage if all requirements are met is $2.13 per hour.
Under New York labor law, however, employers are not allowed such a large tip credit. So, tipped employees in NY are entitled a higher minimum wage of $5.00 per hour.
Tipped employees that work over 40 hours per week are entitled to overtime at time and a half.
You should hire an experienced small business accountant. Be prepared to pay $1,500 per quarter because it will probably save you far more than that by the end of the year.
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