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DOL/WHD RIN: 1235-AA21 Publication ID: Spring 2017 
Title: ●Tip Regulations Under the Fair Labor Standards Act (FLSA) 
Abstract:

Section 3(m) of the FLSA, 29 U.S.C. 203(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 employee.  The Department’s regulations limit an employer’s ability to use an employee’s tips regardless of whether the employer takes a tip credit under Section 3(m) or instead pays the full FLSA minimum wage directly to the employee. In this Notice of Proposed Rulemaking, the Department will propose to rescind the current restrictions on tip pooling by employers that pay tipped employees the full minimum wage directly.

 
Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 29 CFR 531   
Legal Authority: Fair Labor Standards Act, 29 U.S.C. 201 et seq.    29 U.S.C. 203(m)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  08/00/2017 
Regulatory Flexibility Analysis Required: Undetermined  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-AA00 
Agency Contact:
Melissa Smith
Director, Regulations, Legislation and Interpretations
Department of Labor
Wage and Hour Division
200 Constitution Avenue NW., Room S-3502,
Washington, DC 20210
Phone:202 693-0406
Fax:202 693-1387