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Eleventh Circuit Rules 20% Rule is Reasonable Under FLSA

Eleventh Circuit Rules 20% Rule is Reasonable Under FLSA
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Eleventh Circuit Refuses To Defer To DOL Opinion Letter Eliminating '20%' Rule | Jackson Lewis P.C.

Eleventh Circuit Refuses To Defer To DOL Opinion Letter Eliminating '20%' Rule | Jackson Lewis P.C.
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DOL Revives Tipped Worker 80/20 Rule & Adds 30 Min Rule

Wednesday, June 23, 2021 The Department of Labor (DOL) has issued a new Notice of Proposed Rulemaking (NPRM), again seeking to regulate the circumstances under which an employer may pay a tipped employee a direct wage below the minimum wage. The NPRM withdraws provisions of a recently published Final Rule that formally eliminated the so-called “80/20,” or “20%,” Rule, which limited the amount of time ( i.e., no more than 20%) tipped employees could spend performing tasks related to their allegedly tip-generating duties, while still allowing their employer to claim a tip credit. When the Tip Regulations Final Rule was published in December 2020, the DOL deemed the 80/20 Rule “unwise,” “difficult to administer,” and a failing to “adequately consider the practical difficulties” of complying with it. What a difference a few months and an election makes. Now, the DOL seeks not only to resurrect the confusing and difficult 80/20 Rule, but to do so with

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Labor Department Brings Back The '80/20' Rule — Along With New Companion, The '30-Minute' Rule | Jackson Lewis P.C.

Labor Department Brings Back The '80/20' Rule — Along With New Companion, The '30-Minute' Rule | Jackson Lewis P.C.
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Labor Department Further Delays FLSA Tip Regulations Final Rule Until The End Of 2021 | Jackson Lewis P.C.

To embed, copy and paste the code into your website or blog: 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.

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