1235-AA21 201904 Unified Agenda of Federal Regulatory and Deregulatory Actions 1235 Wage and Hour Division WHD 1200 Department of Labor DOL Tip Regulations Under the Fair Labor Standards Act (FLSA)

In the FY 2018 Consolidated Appropriations Act, Congress amended multiple provisions of the Fair Labor Standards Act with respect to an employer's use of its employees tips and additionally provided that portions of the Department's 2011 rule regarding tips shall have no further force or effect until any future action taken by the Department.  In this Notice of Proposed Rulemaking, the Department will align its regulations with the recent statutory changes.  Additionally, the Department is proposing to revise the existing "dual jobs" regulation to provide greater clarity, consistent with current guidance, regarding an employer's ability to take a tip credit to satisfy minimum wage obligations for time spent by a tipped employee performing duties that are related to the employee's tipped occupation. 

]]> Economically Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes No Deregulatory 29 CFR 531 29 CFR 10 29 CFR 516 29 CFR 578 29 CFR 579 29 CFR 580 Fair Labor Standards Act 29 U.S.C. 201 et seq. 29 U.S.C. 203(m) Pub. L. 115-141 No NPRM 12/05/2017 82 FR 57395 NPRM Comment Period Extended 12/15/2017 82 FR 59562 NPRM Comment Period Extended End 02/05/2018 NPRM 12/00/2019 Undetermined Businesses None No No No No Mary Ziegler Assistant Administrator, Office of Policy, Wage and Hour (WHD) 1235 Wage and Hour Division WHD 202 693-0406 202 693-1387 200 Constitution Avenue NW., Room S-3502, FP Building, Washington DC 20210