2019-20868: Tip Regulations Under the Fair Labor Standards Act (FLSA)
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In the Consolidated Appropriations Act, 2018 (CAA), Congress amended section 3(m) of the Fair Labor Standards Act (FLSA) to prohibit employers from keeping tips received by their employees, regardless of whether the employers take a tip credit under section 3(m). In this Notice of Proposed Rulemaking (NPRM), the Department proposes to amend its tip regulations to address this Congressional action. The Department also proposes to codify policy regarding the tip credit's application to employees who performed tipped and non-tipped duties. This NPRM also withdraws the Department's December 5, 2017 NPRM proposing changes to the Department's tip regulations, as the CAA has superseded it.
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
Rulemaking docket
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