Restaurant Employers Take Note: DOL Proposes New FLSA Tip Regulations

In the months since the Supreme Court of the United States upheld Auer deference, courts around the country have consistently declined to afford deference to the U.S. Department of Labor’s November 2018 opinion letter which undercut the so-called “80/20” rule. Today, likely in response to the lack of traction its sub-regulatory guidance had gained with courts, the DOL issued proposed rules concerning tipped workers.