Rule Clarifies Tip Credit but Leaves Intact Compensatory Time, Fluctuating Workweek

The Labor Department has updated regulations issued under the Fair Labor Standards Act and the Portal-to-Portal Act to conform them to subsequent legislation, according to a final rule slated for publication in the April 5 Federal Register.

The final rule clarifies the tip credit provision but declines to adopt many provisions suggested in the proposed rule. DOL decided not to change the regulations regarding compensatory time, the fluctuating workweek, and meal credits and not to proceed with the proposal to exempt service managers, service writers, service advisers, and service salesman from the overtime provision.

The revisions conform the regulations ...