The Dish | March 2021

Page 10

LEGAL UPDATE

DOL Delays Tip Credit and Independent Contractor Rules By Christopher T. Vrountas, Esq. and Allison C. Ayer, Esquire, Vrountas, Ayer & Chandler, P.C.

The U.S. Department of Labor (“DOL”) recently

Tip Credit Regulations

announced the delay of the effective date of a pair of important regulations published at the

The Federal tip credit regulations propounded

end

These

at the end of 2020 contain three essential

regulations were propounded in December

elements. Here are the essential elements of

2020, and early January 2021, respectively, right

the regulations as they are currently written:

of

the

Trump

administration.

before President Biden’s inauguration. Just when

First,

the pandemic seemed to be coming under

regulations prohibit employers from keeping

control and employers thought they might

tips received by their employees, regardless of

have more certainty about the future, the

whether the employer takes a tip credit under

DOL’s action suggests the potential for more

the Fair Labor Standards Act.

the

December

2020

tip

credit

changes in the near future. www.nhlra.com | 9


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