1235-AA54 202510 The Regulatory Plan and the 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)

Section 3(m) of the Fair Labor Standards Act (FLSA), 29 U.S.C. 204(m), provides in part that an employer may take a partial credit (tip credit) against its minimum wage payment obligation to a tipped employee based on tips received and retained by the employees. Section 3(t) of the FLSA defines a tipped employee as any employee engaged in an occupation in which he customarily and regularly receives more than $30 a month in tips. The Department is considering a notice of proposed rulemaking to amend regulatory provision related to tipped employees under the FLSA.

]]> Economically Significant First Time Published in The Unified Agenda Proposed Rule Stage Yes No Deregulatory 29 CFR parts 531.56 29 U.S.C. 203(m) and (t), as amended by sec. 3(m) Pub. L. 75-718, 52 Stat. 1060 sec. 2, Pub. L. 87-30, 75 Stat. 65 sec. 101, sec. 602, Pub. L. 89-601, 80 Stat. 830 sec. 29(B), Pub. L. 93-259, 88 Stat. 55 sec. 3, sec. 15(c), Pub. L. 95-151, 91 Stat 1245 sec. 2105(b), Pub. L. 104-188, 110 Stat 1755 sec. 8102, Pub. L. 110-28, 121 Stat. 112 and sec. 1201, Div. S., Tit. XII, Pub. L. 115-141, 132 Stat. 348 No NPRM 08/00/2026 YES Businesses Undetermined No No Yes No Daniel Navarrete Director, Division of Regulations, Legislation, and Interpretation (DRLI) 1235 Wage and Hour Division WHD 202 693-0406 navarrete.daniel@dol.gov 200 Constitution Avenue NW, Room S-3502, Washington DC 20210