Knowledge Library

U.S. Department of Labor Releases its Dual Jobs Final Rule, Which Resurrects and Revises the Prior 80/20 Rule for Tipped Employees

Effective December 28, 2021, employers must meet the requirements of the Dual Jobs Rule in order to take the tip credit under the Fair Labor Standards Act (“FLSA”) for employees who perform tip and non-tip-producing work.

On October 28, 2021, the U.S. Department of Labor, Wage and Hour Division (“DOL”) published the dual jobs final rule (“Dual Jobs Rule”) as the final provisions of its Tip Regulations Under the Fair Labor Standards Act (“FLSA”),  which is known as the 2020 Final Tip Rule. The Dual Jobs Rule governs when an employer may take a tip credit under the FLSA for those employees who perform both tipped and non-tipped duties.

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Andrea B. Neuman
Partner | Chair, Employment
(212) 655-3513 |

Gregg M. Kligman
Counsel | Employment
(646) 273-8209 |

Samantha Frenchman
Samantha Frenchman
Associate | Employment
(212) 655-3580 |