Field assistance bulletin · United States · Wage and Hour Division

Wage and Hour Division withdraws three tipped employee opinion letters and confirms the 80/20 related-duties guidance no longer reflects its policy

As of our last check on November 2, 2026, this is agency guidance, not a rule. It explains how the agency reads the law and does not create a legal requirement on its own.

Added to AmendSignal

In short

What changed
The Wage and Hour Division (WHD) of the Department of Labor withdrew three old opinion letters on tipped employees and confirmed that its 80/20 guidance, which limited time spent on related non-tip-producing duties, no longer reflects its policy. WHD now looks at whether an employee is engaged in a tipped occupation, not at how much time goes to individual tasks.
Who's affected
Employers that take a tip credit toward the federal minimum wage for tipped employees under the Fair Labor Standards Act (FLSA), most often restaurants and hotels.
What to do
This bulletin creates no new duties for employers. Existing FLSA tip credit rules still apply, including paying the full minimum wage for hours worked in a non-tipped occupation; consider reviewing any tip credit policies built on the withdrawn letters or on a time-limit test.

What changed

Who is affected

What it means in practice

What to do

AmendSignal analysis sorts these by whether this document changes them.

Already required

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • How will WHD decide when a duty is unrelated to a tipped occupation, now that time limits no longer apply?

    The bulletin points to the 1967 regulation's related-duties language and its examples but gives no new test beyond that.

  • When will the Department publish its proposed rule on tipped employees, and what would it change?

    The bulletin says a proposed rule is being developed but gives no date or content.

History

  1. Latest · · Issued

    FAB 2026-1: Withdrawal of Opinion Letters FLSA-895 (Aug. 8, 1979), WH-502 (Mar. 28, 1980), FLSA-854 (Dec. 20, 1985), and 80/20 Guidance on Related Duties Source (opens in a new tab)

Sources