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DOL/WHD RIN: 1235-AA21 Publication ID: Spring 2021 
Title: Tip Regulations Under the Fair Labor Standards Act (FLSA) 
Abstract:

In the Consolidated Appropriations Act of 2018 ("CAA"), Congress amended section 3(m) of the Fair Labor Standards Act ("FLSA" or "Act") to prohibit employers from keeping tips received by their employees, regardless of whether the employers take a tip credit under section 3(m). On December 30, 2020, the Wage and Hour Division ("WHD") published Tip Regulations Under the Fair Labor Standards Act (the "Tip Rule") in the Federal Register to address these amendments. See 85 FR 86756. The Tip Rule would also codify WHD’s guidance regarding the tip credit’s application to tipped employees who perform tipped and non-tipped duties. The effective date of the Tip Rule is March 1, 2021. In accordance with the Presidential directive as expressed in the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, entitled Regulatory Freeze Pending Review, the Department has published a Notice of Proposed Rulemaking to delay the effective date of the rule until April 30, 2021, to review and consider the questions of law, policy, and fact raised by the rule. The Department proposes to withdraw and re-propose one portion of the Tip Regulations Under the Fair Labor Standards Act (FLSA) (2020 Tip final rule) related to the determination of when a tipped employee is employed in dual jobs under the regulations.

 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 531    29 CFR 10    29 CFR 516    29 CFR 578    29 CFR 579    29 CFR 580   
Legal Authority: Fair Labor Standards Act    29 U.S.C. 201 et seq.    29 U.S.C. 203(m)    Pub. L. 115-141   
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; and Withdrawal of NPRM dated 12/05/2017 (82 FR 57395)  10/08/2019  84 FR 53956   
NPRM Comment Period End  12/09/2019 
NPRM Comment Period Extension  12/11/2019  84 FR 67681   
NPRM Comment Period Extension End  12/11/2019 
Final Rule  12/30/2020  85 FR 86756   
Proposed Delay of Final Rule Effective Date  02/05/2021  86 FR 8325   
Proposed Delay of Final Rule Effective Date Comment Period End   02/17/2021 
Final Rule Delay of Effective Date  02/26/2021  86 FR 11632   
Final Rule Delay of Effective Date Effective  04/30/2021 
NPRM; Partial Withdrawal  03/25/2021  86 FR 15817   
NPRM; Partial Withdrawal Comment Period End  05/24/2021 
NPRM; Proposed Delay of Effective Date (to 12/31/2021)  03/25/2021  86 FR 15811   
NPRM; Proposed Delay of Effective Date Comment Period End  04/14/2021 
Final Rule; Delay of Comment Period  04/29/2021  86 FR 22597   
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:
Amy DeBisschop
Director of the Division of Regulations, Legislation and Interpretation
Department of Labor
Wage and Hour Division
200 Constitution Avenue NW, FP Building, Room S-3502,
Washington, DC 20210
Phone:202 693-0406