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DOL/WHD RIN: 1235-AA44 Publication ID: Spring 2025 
Title: Tip Regulations under the Fair Labor Standards Act (FLSA); Restoration of Regulatory Language 
Abstract:

On October 29, 2021, the U.S. Department of Labor published a final rule (2021 Dual Jobs Rule) addressing the circumstances where employers may claim a partial credit towards their minimum wage obligations under the Fair Labor Standards Act (FLSA or the Act) for tipped employees who perform nontipped work. The 2021 Dual Jobs Rule took effect on December 28, 2021. However, on October 29, 2024, a federal appeals court issued an order vacating portions of the Department’s 2021 Dual Jobs Rule, with the effect of reinstating the Department’s earlier regulation on the topic. In accordance with that court order, the Department issued a final rule, to rescind the regulatory text introduced by the 2021 Dual Jobs Rule and restore the regulatory text which existed prior to that rule.  This action was a technical amendment accounting for changes in the law which already occurred.

 
Agency: Department of Labor(DOL)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Fully or Partially Exempt 
CFR Citation: 29 CFR 531.56   
Legal Authority: 29 U.S.C. 201 et al   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Rule  12/17/2024  89 FR 101884   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related RINs: Related to 1235-AA21 
Agency Contact:
Daniel Navarrete
Director, Division of Regulations, Legislation, and Interpretation (DRLI)
Department of Labor
Wage and Hour Division
200 Constitution Avenue NW, Room S-3502,
Washington, DC 20210
Phone:202 693-0406
Email: navarrete.daniel@dol.gov