Employees in a restaurant setting often receive tips, and employers often take a “tip credit” toward the minimum wage that they have to pay (allowing the employer in Arkansas to pay.
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On April 28, 2021, the U.S. Department of Labor (DOL) announced that it will further delay, until December 31, 2021, the effective date of portions of the previous administration’s Tip Regulations Final Rule under the Fair Labor Standards Act (FLSA). That Final Rule, issued in late December 2020, originally was scheduled to go into effect on March 30, 2021, but the DOL previously extended that deadline to April 30, 2021. Importantly, the latest delay affects only three portions of the Final Rule: two involving the DOL’s ability to assess civil money penalties (CMPs) and one addressing the so-called “20%” or “80/20” rule under the “dual jobs” provisions of the FLSA regulations.