Notice of Proposed Rulemaking (NPRM): Tip Regulations under the Fair Labor Standards Act (FLSA)

Blog# 10072019

My reading of the Notice of Proposed Rule (NPRM) of the Wage and Hour Division of the DOL regarding Tip Regulations under the Fair Labor Standards Act (FLSA). Also, I have included full reading of the associated Frequently Asked Questions document. Links are included in this document.

Today’s blog was recorded initially 10/7/19 but was not uploaded successfully today. I am sure this NPRM is good news to Restaurants and those operating with employees that earn tips. It’s worth it to listen to the end if you have the stamina (and time). There are 19 question/answers provided by the WHD/DOL that directly apply to this NPRM that you will find helpful.

29 CFR Parts 10, 516, 531, 578, 579, and 580 RIN 1235-AA21

Tip Regulations under the Fair Labor Standards Act (FLSA)

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice of proposed rulemaking; withdrawal of proposed rulemaking; request for comments. SUMMARY: In the Consolidated Appropriations Act, 2018 (CAA), Congress amended section 3(m) of the Fair Labor Standards Act (FLSA) to prohibit employers from keeping tips received by their employees, regardless of whether the employers take a tip credit under section 3(m). In this Notice of Proposed Rulemaking (NPRM), the Department proposes to amend its tip regulations to address this Congressional action. The Department also proposes to codify policy regarding the tip credit’s application to employees who performed tipped and non-tipped duties. This NPRM also withdraws the Department’s December 5, 2017 NPRM proposing changes to the Department’s tip regulations, as the CAA has superseded it.


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