PoliticsTipped worker regulationsReviewed by a person

DOL issues field assistance bulletin withdrawing three opinion letters on tipped workers

Official document: U.S. Department of Labor (opens in a new tab)

Last updated Oct 19, 7:08 PM ET

All5Confirmed5

What’s confirmed5

Confirmed
The Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2026-1 regarding related duties performed by tipped employees under the FLSA.
Why: The Department of Labor officially announced the release of the bulletin.
- U.S. Department of Labor · supports
  “The U.S. Department of Labor’s Wage and Hour Division today announced the issuance of a new field assistance bulletin addressing the treatment of related duties performed by tipped employees under the Fair Labor Standards Act.”
  open U.S. Department of Labor article (opens in a new tab)
Checked Oct 19, 7:08 PM ET
LabeledConfirmedOct 19
The Department of Labor officially announced the release of the bulletin.
Confirmed
The new bulletin withdraws the Wage and Hour Division's opinion letters issued in 1979, 1980, and 1985 regarding dual jobs regulations.
Why: The official agency press release states that the three opinion letters are withdrawn.
- U.S. Department of Labor · supports
  “The bulletin withdraws the division’s 1979, 1980, and 1985 opinion letters concerning the application of dual jobs regulations to tipped employees.”
  open U.S. Department of Labor article (opens in a new tab)
Checked Oct 19, 7:08 PM ET
LabeledConfirmedOct 19
The official agency press release states that the three opinion letters are withdrawn.
Confirmed
The guidance specifies that current dual jobs regulations evaluate related job duties instead of imposing a percentage-based limit on non-tipped duties.
Why: The agency statement describes the standard established in the guidance.
- U.S. Department of Labor · supports
  “The bulletin also clarifies that the current dual jobs regulation focuses on whether an employee performs duties related to the employee’s tipped occupation, rather than imposing a specific percentage-based limit on the time an employee may spend performing related, non-tipped duties”
  open U.S. Department of Labor article (opens in a new tab)
Checked Oct 19, 7:08 PM ET
LabeledConfirmedOct 19
The agency statement describes the standard established in the guidance.
Confirmed
The division eliminated 80/20 rule guidance from its Field Operations Handbook in January 2025 following a 2024 court ruling that vacated the 2021 dual jobs rule.
Why: The agency officially states the timeline of changes following the court decision.
- U.S. Department of Labor · supports
  “The division removed its 80/20 rule guidance from its Field Operations Handbook in January 2025, and the handbook is now consistent with the reinstated 1967 dual jobs regulations.”
  open U.S. Department of Labor article (opens in a new tab)
Checked Oct 19, 7:08 PM ET
LabeledConfirmedOct 19
The agency officially states the timeline of changes following the court decision.
Confirmed
The Department of Labor is working on a notice of proposed rulemaking to modify FLSA regulations for tipped workers.
Why: The agency confirms its planned regulatory activity.
- U.S. Department of Labor · supports
  “As noted in the most recent regulatory agenda, the department is developing a notice of proposed rulemaking to amend various regulations for tipped employees under the FLSA.”
  open U.S. Department of Labor article (opens in a new tab)
Checked Oct 19, 7:08 PM ET
LabeledConfirmedOct 19
The agency confirms its planned regulatory activity.

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What’s confirmed5

The Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2026-1 regarding related duties performed by tipped employees under the FLSA.

The new bulletin withdraws the Wage and Hour Division's opinion letters issued in 1979, 1980, and 1985 regarding dual jobs regulations.

The guidance specifies that current dual jobs regulations evaluate related job duties instead of imposing a percentage-based limit on non-tipped duties.

The division eliminated 80/20 rule guidance from its Field Operations Handbook in January 2025 following a 2024 court ruling that vacated the 2021 dual jobs rule.

The Department of Labor is working on a notice of proposed rulemaking to modify FLSA regulations for tipped workers.