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DOL/WHD RIN: 1235-AA44 Publication ID: Fall 2024 
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 untipped 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 is issuing a final rule, technical amendment to rescind the regulatory text introduced by the 2021 Dual Jobs Rule and restore the regulatory text which existed prior to that rule.

 
Agency: Department of Labor(DOL)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 531.56   
Legal Authority: 29 U.S.C. 201 et al   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  12/00/2024 
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 
Agency Contact:
Daniel Navarrete
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