The Biden Administration’s Department of Labor (DOL), as expected, has taken formal action to begin the process of revising portions of Trump-era regulations governing tip pools and tip ownership under the Fair Labor Standards Act (FLSA), while at the same time allowing many provisions of the regulations go into effect on April 30, 2021.
In two Federal Register notices (Delay of Effective Date and Partial Withdrawal) published on March 25, 2021, DOL is proposing to again delay until December 31, 2021, the effective date of some (but not all) provisions of the tip rules that were finalized by the Trump DOL in December 2020. In addition to asking for public comments on whether the delayed provisions should be further revised, DOL is also proposing changes to a handful of other portions of the regulations.
Members of the Center for Workplace Compliance (CWC) can read more here.