2021-06244: Tip Regulations Under the Fair Labor Standards Act (FLSA); Delay of Effective Date

Summary

On February 26, 2021, the Department of Labor (Department) published a final rule (Delay Rule) extending until April 30, 2021, the effective date of the rule titled Tip Regulations Under the Fair Labor Standards Act (2020 Tip final rule) in order to allow the Department the opportunity to review issues of law, policy, and fact raised by the 2020 Tip final rule before it takes effect. This notice of proposed rulemaking (NPRM) proposes to further extend the effective date of three portions of the 2020 Tip final rule in order to complete a separate rulemaking, published elsewhere in this issue of the Federal Register, and to provide the Department additional time to consider whether to withdraw and repropose that portion of the 2020 Tip final rule addressing the application of the FLSA's tip credit provision to tipped employees who perform both tipped and non-tipped duties. The proposed 8-month delay, until December 31, 2021, would allow the Department to finalize the separate rulemaking, which would include, inter alia, a 60-day comment period and at least a 30-day delay between publication and the rule's effective date.

The agency’s own summary, as published.

What this changes

Amends 6 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 29 CFR 10 Establishing a Minimum Wage for Contractors
• 29 CFR 516 Records to Be Kept by Employers
• 29 CFR 531 Wage Payments Under the Fair Labor Standards Act of 1938
• 29 CFR 578 Tip Retention, Minimum Wage, and Overtime Violations—Civil Money Penalties
• 29 CFR 579 Child Labor Violations—Civil Money Penalties
• 29 CFR 580 Civil Money Penalties—Procedures for Assessing and Contesting Penalties