{"id":2654,"date":"2010-02-22T08:19:52","date_gmt":"2010-02-22T13:19:52","guid":{"rendered":"https:\/\/old.visionpayroll.com\/kb\/?p=2654"},"modified":"2010-02-27T16:44:54","modified_gmt":"2010-02-27T21:44:54","slug":"us-department-of-labor-issues-and-withdraws-opinion-letter-on-minimum-tip-credit","status":"publish","type":"post","link":"https:\/\/old.visionpayroll.com\/kb\/2010\/02\/us-department-of-labor-issues-and-withdraws-opinion-letter-on-minimum-tip-credit\/","title":{"rendered":"US Department of Labor Issues and Withdraws Opinion Letter on Minimum Tip Credit"},"content":{"rendered":"

The US Department of Labor (DOL)<\/a> recently issued Administrator signed Opinion Letter FLSA2009-22<\/a>. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations of the Fair Labor Standards Act (FLSA). Because the letter was apparently never mailed after it was signed, the DOL<\/a> under new Secretary Hilda L. Solis has decided to withdraw the letter for further consideration. Therefore, this letter may not be relied upon as a statement of agency policy. It is possible that a different conclusion may be reached when the Opinion Letter is reissued.<\/p>\n

In this Opinion Letter, the DOL<\/a> confirmed its previously stated position \u201cthat where a state law requires a minimum wage less than the federal minimum wage and forbids a tip credit, the employer may nevertheless take a tip credit in the amount of the difference between state and federal law.\u201d The Opinion Letter was specifically concerned with a Minnesota law that \u201cpurports to prohibit taking a credit for gratuities \u2018towards the payment of the minimum wage set\u2026by federal law.\u2019\u201d<\/p>\n

State laws may provide rules that are more beneficial to the employee and must be followed. The DOL<\/a> may come to a different conclusion when it reissues the Opinion Letter after further consideration. Contact Vision Payroll<\/a> if you have questions about this Opinion Letter.<\/p>\n","protected":false},"excerpt":{"rendered":"

The US Department of Labor (DOL) recently issued Administrator signed Opinion Letter FLSA2009-22. Although Opinion Letters only apply to the exact set of facts and circumstances presented in each case, they are a valuable aid in understanding current interpretations of the Fair Labor Standards Act (FLSA). Because the letter was apparently never mailed after it […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[154,82,1168,326,151,992,89],"_links":{"self":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts\/2654"}],"collection":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/comments?post=2654"}],"version-history":[{"count":5,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts\/2654\/revisions"}],"predecessor-version":[{"id":2680,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts\/2654\/revisions\/2680"}],"wp:attachment":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/media?parent=2654"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/categories?post=2654"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/tags?post=2654"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}