WHD - Wage and Hour Division
10/19/2026 | Press release | Distributed by Public on 10/19/2026 15:13
US Department of Labor announces field assistance bulletin withdrawing 3 opinion letters on tipped employees
WASHINGTON - 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. Field Assistance Bulletin No. 2026-1 brings the division's guidance on tipped employees with dual jobs into alignment with current regulations.
The bulletin withdraws the division's 1979, 1980, and 1985 opinion letters concerning the application of dual jobs regulations to tipped employees. The withdrawal of the three opinion letters is necessary because they no longer reflect the division's policy or interpretation of the FLSA. 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 within that occupation.
The publication of the new bulletin follows a 2024 federal court decision that vacated the department's 2021 dual jobs final rule. After that decision, the department removed the regulatory text adopted under the 2021 rule and reinstated the original dual jobs regulations.
The new field assistance bulletin clarifies that no current Wage and Hour Division guidance relies on the former percentage-based limit on the time a tipped employee may spend performing related, non-tipped duties, commonly known as the 80/20 rule. 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.
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. The department welcomes public comments on the proposed rule once it is published.
Learn more about the Wage and Hour Division, including the agency's enforcement of tip regulations under the FLSA.
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