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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations
their gross annual revenues, which is typically at least $100,000 per year for the smallest businesses, the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities.
VII. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 UMRA 24 requires agencies to prepare a written statement for rules with a federal mandate that may result in increased expenditures by state, local, and tribal governments, in the aggregate, or by the private sector, of $165 million $100 million in 1995
dollars adjusted for inflation or more in at least one year.25 This statement must:
1 Identify the authorizing legislation;
2 present the estimated costs and benefits of the rule and, to the extent that such estimates are feasible and relevant, its estimated effects on the national economy; 3 summarize and evaluate state, local, and tribal government input; and 4 identify reasonable alternatives and select, or explain the non-selection, of the least costly, most cost-effective, or least burdensome alternative. This rule is not expected to result in increased expenditures by the private sector or by state, local, and tribal governments of $165 million or more in any one year.
VIII. Executive Order 13132, Federalism The Department has 1 reviewed this rule in accordance with Executive Order 13132 regarding federalism and 2
determined that it does not have federalism implications. The rule would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
VII. Executive Order 13175, Indian Tribal Governments This rule would not have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
List of Subjects 29 CFR Part 531
Wages.
24 See
2 U.S.C. 1501.
using growth in the Gross Domestic Product deflator from 1995 to 2019. Bureau of Economic Analysis. Table 1.1.9. Implicit Price Deflators for Gross Domestic Product.
25 Calculated
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29 CFR Part 578

employees customarily and regularly receive tips. An employer may not receive tips from such a tip pool and may not allow supervisors and managers to receive tips from the tip pool.

Penalties, Wages.
29 CFR Part 579
Child labor, Penalties.
29 CFR Part 580
Administrative practice and procedure, Child labor, Penalties, Wages.
For the reasons set forth above, the Department amends title 29, parts 531, 578, 579, and 580 of the Code of Federal Regulations as follows:
PART 531WAGE PAYMENTS UNDER
THE FAIR LABOR STANDARDS ACT
OF 1938
1. The authority citation for part 531
continues to read as follows:

Authority: 29 U.S.C. 203m and t, as amended by sec. 3m, Pub. L. 75718, 52
Stat. 1060; sec. 2, Pub. L. 8730, 75 Stat. 65;
sec. 101, sec. 602, Pub. L. 89601, 80 Stat.
830; sec. 29B, Pub. L. 93259, 88 Stat. 55
sec. 3, sec. 15c, Pub. L. 95151, 91 Stat 1245; sec. 2105b, Pub. L. 104188, 110 Stat 1755; sec. 8102, Pub. L. 11028, 121 Stat.
112; and sec. 1201, Div. S., Tit. XII, Pub. L.
115141, 132 Stat. 348.

2. Revise 531.52b2 to read as follows:

b
2 An employer may not allow managers and supervisors to keep any portion of an employees tips, regardless of whether the employer takes a tip credit. A manager or supervisor may keep tips that he or she receives directly from customers based on the service that he or she directly and solely provides. For purposes of section 3m2B, the term manager or supervisor shall mean any employee whose duties match those of an executive employee as described in 541.100a2 through 4 or 541.101
of this chapter.
3. Amend 531.54 by revising paragraphs c3 and d to read as follows:

c
3 An employer may not receive tips from such a tip pool and may not allow managers and supervisors to receive tips from the tip pool.
d Employers that do not take a section 3m2A tip credit. An employer that pays its tipped employees the full minimum wage and does not take a tip credit may impose a tip pooling arrangement that includes dishwashers, cooks, or other employees in the establishment who are not employed in an occupation in which

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PART 578TIP RETENTION, MINIMUM
WAGE, AND OVERTIME
VIOLATIONSCIVIL MONEY
PENALTIES
4. The authority citation for part 578
continues to read as follows:

Authority: 29 U.S.C. 216e, as amended by sec. 9, Pub. L. 101157, 103 Stat. 938, sec.
3103, Pub. L. 101508, 104 Stat. 138829, sec. 302a, Pub. L. 110233, 122 Stat. 920, and sec. 1201, Div. S., Tit. XII, Pub. L. 115
141, 132 Stat. 348; Pub. L. 101410, 104 Stat.
890 28 U.S.C. 2461 note, as amended by sec. 31001s, Pub. L. 104134, 110 Stat.
1321358, 1321373, and sec. 701, Pub. L.
11474, 129 Stat 584.

5. Revise 578.3 to read as follows:

578.3 What types of violations may result in a penalty being assessed?

a In general. 1 A penalty of up to $1,162 per violation may be assessed against any person who violates section 3m2B of the Act.
2 A penalty of up to $2,074 per violation may be assessed against any person who repeatedly or willfully violates section 6 minimum wage or section 7 overtime of the Act. The amount of the penalties stated in paragraphs a1 and 2 of this section will be determined by applying the criteria in 578.4.
b Repeated violations. An employers violation of section 6 or section 7 of the Act shall be deemed to be repeated for purposes of this section:
1 Where the employer has previously violated section 6 or section 7 of the Act, provided the employer has previously received notice, through a responsible official of the Wage and Hour Division or otherwise authoritatively, that the employer allegedly was in violation of the provisions of the Act; or 2 Where a court or other tribunal has made a finding that an employer has previously violated section 6 or section 7 of the Act, unless an appeal therefrom which has been timely filed is pending before a court or other tribunal with jurisdiction to hear the appeal, or unless the finding has been set aside or reversed by such appellate tribunal.
c Willful violations. 1 An employers violation of section 6 or section 7 of the Act shall be deemed to be willful for purposes of this section where the employer knew that its conduct was prohibited by the Act or
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