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DOL/WHD RIN: 1235-AA21 Publication ID: Spring 2018 
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 tip credit (tip credit) against its minimum wage payment obligation to a tipped employee based on tips received and retained by the employee.  Congress, as part of the recently passed FY 2018 Consolidated Appropriations Act, amended the text of the Fair Labor Standards Act with respect to tips.  The Department’s Notice of Proposed Rulemaking will withdraw its 2017 Notice of Proposed Rulemaking and propose to align its regulations with this recent statutory amendment.

 
Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
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  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  08/00/2018 
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 
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