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As we've reported previously, among the items the Department of Labor identified earlier this year in its Regulatory Agenda was a Notice of Proposed Rulemaking (NPRM) seeking to rescind portions of a 2011 rule ...
As we've
reported previously, among the items the Department of Labor
identified earlier this year in its Regulatory Agenda was a Notice
of Proposed Rulemaking (NPRM) seeking to rescind portions of a 2011
rule that restricted tip pooling for employers who do not use the
tip credit to satisfy their minimum wage obligations. On October
24, 2017, that NPRM was sent to the White House Office of
Information and Regulatory Affairs (OIRA) for review and approval.
One of the cases challenging the validity of the 2011 rulemaking
may be on its way to the Supreme Court, with the
Administration's response to a cert petition due on November 7.
With that deadline looming, it's possible that the
Administration is seeking to moot the issue before the Supreme
Court has the chance to address some of the issues related to
agency deference.
After OIRA clears the NPRM, it will be sent to the Federal
Register for the public to provide comments in response to the
Department's proposal. At that time, we'll know the
specifics of the proposal and will be able to provide more guidance
on what this means for employers. Stay tuned.
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