Proposed Regulation, Fair Labor Standards Act (FLSA), Tip Credit

DOL Proposes New Tip Credit Rule

Ervin Cohen & Jessup LLP on 6/25/2021

On June 23, 2021, the U.S. Department of Labor published a Notice of Proposed Rulemaking to limit the amount of non-tip producing work that a tipped employee can perform when an employee is taking a tip credit. ...more

DOL Issues Proposed Regulations on Handling Tips and the “80/20 Rule”

Littler on 10/9/2019

Over a year after Congress amended the Fair Labor Standards Act (FLSA) to clarify tip ownership questions, the U.S. Department of Labor (DOL) finally published a Notice of Proposed Rulemaking on October 8, 2019, with proposed...more

USDOL Issues Proposed Changes to the Tip Credit Regulations

Fisher Phillips on 10/8/2019

Employers that utilize the “tip credit” in the federal Fair Labor Standards Act (“FLSA”), or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today. While many of the...more

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

Fisher Phillips on 6/21/2018

We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more

Tip Regulations: The Fundamental Legal Issue

Fisher Phillips on 2/7/2018

This week marked the close of the period for public comment on the U.S. Department of Labor's (USDOL) proposed rescission of the hotly-debated regulatory text that, essentially, extended certain tip credit restrictions to...more

USDOL Seeks To Narrow Tip-Retention Prohibition

Fisher Phillips on 12/6/2017

We have previously written about the U.S. Department of Labor's position adopted in 2011 saying that an employer may not retain any of an employee's tips even if management: • Takes no tip-credit under the federal Fair...more