2021-06245: Tip Regulations Under the Fair Labor Standards Act (FLSA); Partial Withdrawal

Summary

In this notice of proposed rulemaking (NPRM), the Department proposes to withdraw and repropose two portions of the Tip Regulations Under the Fair Labor Standards Act (FLSA) (2020 Tip final rule) and seeks comment on whether to revise one other portion of the 2020 Tip final rule relating to the statutory amendments to the FLSA made by the Consolidated Appropriations Act of 2018 (CAA). The Department also asks questions about how it might improve the recordkeeping requirements in the 2020 Tip final rule in a future rulemaking. This rulemaking is related to a second NPRM, published elsewhere in this issue of the Federal Register, which proposes to further extend the effective date of three portions of the 2020 Tip final rule in order to complete this rulemaking involving two of those portions and provide the Department additional time to consider whether to withdraw and repropose a third portion of the 2020 Tip final rule concerning the use of the tip credit when employees perform both tipped and non-tipped work.

The agency’s own summary, as published.

What this changes

Amends 5 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 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