Wage and Hour Division (WHD)
Notice of Proposed Rulemaking (NPRM): Tip Regulations under the Fair Labor Standards Act (FLSA)
On December 5, 2017, the U.S. Department of Labor published an NPRM and request for comments. The Department is proposing to rescind portions of its tip regulations issued pursuant to the FLSA that impose restrictions on employers that pay a direct cash wage of at least the full Federal minimum wage and do not claim a tip credit against their minimum wage obligations. This NPRM seeks the views of the public on the proposed rescission of those portions of the regulations.
The 30-day comment period for the NPRM was originally scheduled to end on January 4, 2018. However, on December 15, 2017, the Department published a notice in the Federal Register extending this comment period for an additional 30 days, to February 5, 2018. You may submit comments on or before February 5, 2018 at www.regulations.gov or by following the instructions listed in the NPRM as published in the Federal Register.
- Notice of Proposed Rulemaking: Tip Regulations under the FLSA
- Tip Regulations Under the Fair Labor Standards Act, Proposed Rule, Extension of Comment Period (Federal Register, 12/15/17)
- News Release [12/04/17]: U.S. Department of Labor Proposal Gives Freedom to Share Tips Between Traditionally Tipped and Non-Tipped Workers
- Fact Sheet
- Frequently Asked Questions