{"id":2682,"date":"2010-02-27T16:39:48","date_gmt":"2010-02-27T21:39:48","guid":{"rendered":"https:\/\/old.visionpayroll.com\/kb\/?p=2682"},"modified":"2010-02-28T14:40:16","modified_gmt":"2010-02-28T19:40:16","slug":"us-department-of-labor-issues-and-withdraws-opinion-letter-on-tipped-employees","status":"publish","type":"post","link":"https:\/\/old.visionpayroll.com\/kb\/2010\/02\/us-department-of-labor-issues-and-withdraws-opinion-letter-on-tipped-employees\/","title":{"rendered":"US Department of Labor Issues and Withdraws Opinion Letter on Tipped Employees"},"content":{"rendered":"

The US Department of Labor (DOL)<\/a> recently issued Administrator signed Opinion Letter FLSA2009-23<\/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> had redefined its definition of a tipped employee in situations in which an employee performs some duties related to a tip-producing occupation and some duties unrelated to a tip-producing occupation. Such employees may have dual jobs, such as a maintenance man in a hotel who also serves as a waiter and a single job with dual responsibilities such as \u201ca waitress who spends part of her time cleaning and setting tables, toasting bread, making coffee and occasionally washing dishes or glasses.\u201d<\/p>\n

Different courts had issued conflicting rulings as to whether and to what extent unrelated duties could be performed in tip-producing occupations, how those duties were to be determined, and when the tip credit could be taken. The DOL<\/a> had attempted to clarify in which situations the credit could be claimed. It had listed certain duties that it considered \u201ccore or supplemental for the appropriate tip-producing occupation.\u201d It also wanted to clarify that some time spent performing unrelated duties may be exempt under a de minimis<\/em> rule in the regulations.<\/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 FLSA2009-23. 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":[154,82,1179,151,992,984,89],"_links":{"self":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts\/2682"}],"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=2682"}],"version-history":[{"count":3,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts\/2682\/revisions"}],"predecessor-version":[{"id":2689,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/posts\/2682\/revisions\/2689"}],"wp:attachment":[{"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/media?parent=2682"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/categories?post=2682"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/old.visionpayroll.com\/kb\/wp-json\/wp\/v2\/tags?post=2682"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}