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B-333718 Nov 03, 2021 1 (2021-11-03)

handle is hein.gao/gaomjr0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE G A O A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 B-333718 November 3, 2021 The Honorable Patty Murray Chair The Honorable Richard Burr Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Robert C. Bobby Scott Chairman The Honorable Virginia Foxx Ranking Member Committee on Education and Labor House of Representatives Subject: Department of Labor, Office of the Secretary, Wage and Hour Division: Tip Regulations Under the Fair Labor Standards Act (FLSA); Partial Withdrawal Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Labor, Office of the Secretary, Wage and Hour Division (Department) entitled Tip Regulations Under the Fair Labor Standards Act (FLSA); Partial Withdrawal (RIN: 1235- AA21). We received the rule on October 29, 2021. It was published in the Federal Register as a final rule on October 29, 2021. 86 Fed. Reg. 60114. The effective date is December 28, 2021. According to the Department, the final rule finalizes its proposal to withdraw one portion of the Tip Regulations Under the Fair Labor Standards Act (FLSA) and finalizes its proposed revisions related to the determination of when a tipped employee is employed in dual jobs under FLSA. Specifically, the Department stated the final rule amends its regulations to clarify that an employer may only take a tip credit when its tipped employees perform work that is part of the employee's tipped occupation. The Department further stated work that is part of the tipped occupation includes work that produces tips as well as work that directly supports tip-producing work, provided the directly supporting work is not performed for a substantial amount of time. Enclosed is our assessment of the Department's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398. ~ 2. Shirley A. Jones Managing Associate General Counsel Enclosure cc: Robert Waterman Compliance Specialist Department of Labor

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