Bloomberg Law
Feb. 23, 2022, 2:17 AM

Restaurant Groups Denied Bid to Block Rule on Tipped Worker Pay

Maeve Allsup
Maeve Allsup
Legal Reporter

A Department of Labor rule requiring tipped workers to get paid a higher minimum wage for time doing tasks that don’t produce tips can be enforced while litigation debating the agency’s authority proceeds, a federal judge in Texas said Tuesday.

The rule, which went into effect Dec. 28, reinstates a longstanding policy known as the “80/20" rule, which was revoked by the Trump administration. It states that when tipped employees spend at least 20% of their workweek on duties that don’t directly produce tips, they’re entitled to the full minimum wage of $7.25 per hour for that time, instead of ...

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