USDOL Publishes Tips Dual Jobs Final Rule

The US Department of Labor (USDOL) published the Tips Dual Jobs Final Rule on October 28, 2021, clarifying that an employer may take a tip credit only when an employee is performing work that is part of a tipped occupation, performing work that is tip-producing or performing work that directlysupports work that is tip-producing for a limited amount of time (less than 20% of the hours worked in a workweek, or not more than 30 minutes).

The Final Rule also amends the provisions of Executive Order 13658, which address the hourly minimum wage paid by contractors to workers performing work on or in connection with covered federal contracts, consistent with the amendments to the dual jobs regulation. The final rule takes effect Dec. 28. 2021. For more information, see the USDOL news release.