What employers need to know now that the 80/20 tip credit rule has been overturned
💰 The 80/20 labor rule was abolished by the Fifth Circuit Court of Appeals this month, branded “arbitrary and capricious.” Originally enacted under Obama, rescinded by Trump, and revisited with clarifications under Biden, the rule restricted employers to pay a subminimum wage ($2.13 per hour) for tip-earning tasks. A tipped employee exceeding 20% of their workweek on non-tip tasks, or 30 consecutive minutes, couldn't receive a tip credit. Businesses now revert to the baseline tip credit rule unless state law dictates otherwise. Labor law changes over administrations cause operational complexities for business owners. Six states have their own 80/20 rules. The Department of Labor is unlikely to reintroduce the same rule but may seek other methods to regulate tipped employee pay following legal precedents set by Loper Bright Enterprises v. Raimondo and the overruling of Chevron deference.
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