Rule Reversals & Changes

The Wage and Hour Division has rescinded its new Joint Employer Rule (published 01/16/2020 and effective 03/16/2020), effective on September 28, 2021. We outlined the new rule here, but it now reverts to its prior form.

Similarly, we looked at the prior EEOC final rule on tipping and its subsequent developments (e.g., partial rule delay and the DOL’s withdrawal of opinion letters). Effective November 23, 2021, the Wage and Hour Division is withdrawing several revisions and modifying language throughout the rule. As indicated by the DOL, the rule “strengthens protections for tipped workers” and clarifies the circumstances under which managers and supervisors may retain tips.

Contact Corey at corey@goldsteinsc.com should you have questions regarding joint employment or tipping rules.

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