Insights
Angela Sanders Examines DOL's Notice of Proposed Rulemaking Regarding Tip Regulations Under the FLSA for The Legal Intelligencer
In the July 23, 2021 article, "DOL Solicits Tips on Revised Tipped Employee Regulations," for The Legal Intelligencer, Angela H. Sanders examined the U.S. Department of Labor (DOL) Wage and Hour Division's recently published notice of proposed rulemaking (NPRM) titled “Tip Regulations Under the Fair Labor Standards Act (FLSA); Dual Jobs.” The proposed rulemaking reinstates the department’s longstanding 80/20 rule applicable to wages paid to tipped employees.
The co-author notes:
"If tipped employees are performing significant nontipped work, employers should use this time to evaluate the economic impact of potentially shifting to a minimum wage pay scale and foregoing the tip credit altogether for those employees."