On June 21, the U.S. Department of Labor (DOL) proposed a new test for identifying which nontipped side duties, when performed for a limited time, can be part of a “dual-job” employee’s tipped occupation. A dual-job employee might, for example, wait tables but also fold napkins. The comment period closes Aug. 23.
The DOL proposed to amend its regulations to clarify that an employee is only engaged in a tipped occupation when the employee either performs work that produces tips or performs work that directly supports the tip-producing work, provided that the directly supporting work is not performed for a substantial amount of time.
