Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations B For any continuous period of time, the directly supporting work exceeds 30
minutes. If a tipped employee performs directly supporting work for a continuous period of time that exceeds 30 minutes, the employer cannot take a tip credit for any time that exceeds 30
minutes. Time in excess of the 30
minutes, for which an employer may not take a tip credit, is excluded in calculating the 20 percent tolerance in paragraph b3ivA of this section.
v Work that is not part of the tipped occupation. A Work that is not part of the tipped occupation is any work that does not provide service to customers for which tipped employees receive tips, and does not directly support tipproducing work. If a tipped employee is required to perform work that is not part of the employees tipped occupation, the employer may not take a tip credit for that time.
B Examples: The following examples illustrate work that is not part of the tipped occupation because the work does not provide service to customers for which tipped employees receive tips, and does not directly support tip-producing work. This list is illustrative and is not exhaustive.
Preparing food, including salads, and cleaning the kitchen or bathrooms, is not part of the tipped occupation of a server. Cleaning the dining room or bathroom is not part of the tipped occupation of a bartender. Ordering supplies for the salon is not part of the tipped occupation of a nail technician.
Servicing vehicles is not part of the tipped occupation of a parking attendant. Cleaning the dining room and bathrooms is not part of the tipped occupation of a service bartender.
Cleaning non-residential parts of a hotel, such as the exercise room, restaurant, and meeting rooms, is not part of the tipped occupation of a hotel housekeeper. Cleaning the kitchen or bathrooms is not part of the tipped occupation of a busser. Retrieving room service trays from guest rooms is not part of the tipped occupation of a hotel bellhop.

PART 531WAGE PAYMENTS UNDER
THE FAIR LABOR STANDARDS ACT
OF 1938
3. The authority citation for part 531
continues to read as follows:

khammond on DSKJM1Z7X2PROD with RULES2

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
VerDate Sep<11>2014

18:37 Oct 28, 2021

Jkt 256001

1755; sec. 8102, Pub. L. 11028, 121 Stat.
112; and sec. 1201, Div. S., Tit. XII, Pub. L.
115141, 132 Stat. 348.

4. Amend 531.56 by revising paragraph e and adding paragraph f to read as follows:

531.56

More than $30 a month in tips.

e Dual jobs. In some situations an employee is employed in dual jobs, as, for example, where a maintenance person in a hotel also works as a server.
In such a situation if the employee customarily and regularly receives at least $30 a month in tips for the employees work as a server, the employee is engaged in a tipped occupation only when employed as a server. The employee is employed in two occupations, and no tip credit can be taken for the employees hours of employment in the occupation of maintenance person.
f Engaged in a tipped occupation.
An employee is engaged in a tipped occupation when the employee performs work that is part of the tipped occupation. An employer may only take a tip credit for work performed by a tipped employee that is part of the employees tipped occupation.
1 Work that is part of the tipped occupation. Work that is part of the tipped occupation is:
i Work that produces tips; and ii Work that directly supports the tip-producing work, if the directly supporting work is not performed for a substantial amount of time.
2 Tip-producing work. i Tipproducing work is any work performed by a tipped employee that provides service to customers for which the tipped employee receives tips.
ii Examples: The following examples illustrate tip-producing work performed by a tipped employee that provides service to customers for which the tipped employee receives tips. A
tipped employees tip-producing work includes all aspects of the service to customers for which the tipped employee receives tips; this list is illustrative and is not exhaustive. A
servers tip-producing work includes providing table service, such as taking orders, making recommendations, and serving food and drink. A bartenders tip-producing work includes making and serving drinks, talking to customers at the bar and, if the bar includes food service, serving food to customers. A
nail technicians tip-producing work includes performing manicures and pedicures and assisting the patron to select the type of service. A bussers tipproducing work includes assisting servers with their tip-producing work
PO 00000

Frm 00045

Fmt 4701

Sfmt 4700

60157

for customers, such as table service, including filling water glasses, clearing dishes from tables, fetching and delivering items to and from tables, and bussing tables, including changing linens and setting tables. A parking attendants tip-producing work includes parking and retrieving cars and moving cars in order to retrieve a car at the request of customer. A service bartenders tip-producing work includes preparing drinks for table service. A
hotel housekeepers tip-producing work includes cleaning hotel rooms. A hotel bellhops tip-producing work includes assisting customers with their luggage.
The tip-producing work of a tipped employee who both prepares and serves food to customers, such as a counterperson, includes preparing and serving food.
3 Directly supporting work. i Directly supporting work is work performed by a tipped employee in preparation of or to otherwise assist tipproducing customer service work.
ii Examples: The following examples illustrate tasks that are directly supporting work when they are performed in preparation of or to otherwise assist tip-producing customer service work and when they do not provide service to customers. This list is illustrative and is not exhaustive: A
servers directly supporting work includes dining room prep work, such as refilling salt and pepper shakers and ketchup bottles, rolling silverware, folding napkins, sweeping or vacuuming under tables in the dining area, and setting and bussing tables. A
bussers directly supporting work includes preand post-table service prep work such as folding napkins and rolling silverware, stocking the busser station, and vacuuming the dining room, as well as wiping down soda machines, ice dispensers, food warmers, and other equipment in the service alley. A bartenders directly supporting work includes work such as slicing and pitting fruit for drinks, wiping down the bar or tables in the bar area, cleaning bar glasses, arranging bottles in the bar, fetching liquor and supplies, vacuuming under tables in the bar area, cleaning ice coolers and bar mats, making drink mixes, and filling up dispensers with drink mixes. A nail technicians directly supporting work includes cleaning pedicure baths between customers, cleaning and sterilizing private salon rooms between customers, and cleaning tools and the floor of the salon. A
parking attendants directly supporting work includes cleaning the valet stand and parking area, and moving cars around the parking lot or garage to facilitate the parking of patrons cars. A

E:FRFM29OCR2.SGM

29OCR2