Submitted via https://www.regulations.gov/document/WHD-2019-0004-0496
Re: RIN 1235-AA21, Comments in Response to Proposed Rule, Tip Regulations Under the Fair Labor Standard Act (FLSA); Partial Withdrawal
Dear Ms. DeBisschop:
The National Employment Lawyers Association (NELA) writes in response to the United States Department of Labor’s (“the Department’s”) Notice of Proposed Rulemaking (“NPRM”), whereby the Department proposes to withdraw and re-propose portions of the 2020 Tip Regulations Under the Fair Labor Standards Act (“FLSA”) (“2020 Tip Rule”), removing the requirement that violations of Section 3(m)(2)(B) of the FLSA must be “repeated or willful” for the Department to impose a civil monetary penalty. The NPRM also maintains the portion of the 2020 Tip Rule stating that an employer’s failure to heed warnings and advice of the Wage and Hour Division (“WHD”) that conduct is unlawful may constitute a knowing (and therefore willful) violation but does not create a presumption of a willful violation of the law. The Department further solicits comment on whether to revise other aspects of the 2020 Tip Rule, including the portions of the rule addressing “managers or supervisors” and the recordkeeping requirements.
NELA has an important interest in the Department’s proposal. NELA is the largest professional membership organization in the … Read More