Wage and Hour Division June 2021 – Federal Register Recent Federal Regulation Documents

Tip Regulations Under the Fair Labor Standards Act (FLSA); Partial Withdrawal
Document Number: 2021-13262
Type: Proposed Rule
Date: 2021-06-23
Agency: Wage and Hour Division, Employment Standards Administration, Department of Labor, Office of the Secretary
In this notice of proposed rulemaking (NPRM), the Department of Labor (Department) proposes to withdraw and re-propose one portion of the Tip Regulations Under the Fair Labor Standards Act (FLSA) (2020 Tip final rule) related to the determination of when a tipped employee is employed in dual jobs under the Fair Labor Standards Act of 1938 (FLSA or the Act). Specifically, the Department is proposing to amend its regulations to clarify that an employer may only take a tip credit when its tipped employees perform work that is part of the employee's tipped occupation. Work that is part of the tipped occupation includes work that produces tips as well as work that directly supports tip- producing work, provided the directly supporting work is not performed for a substantial amount of time.