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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations
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service bartenders directly supporting work includes slicing and pitting fruit for drinks, cleaning bar glasses, arranging bottles, and fetching liquor or supplies. A hotel housekeepers directly supporting work includes stocking the housekeeping cart. A hotel bellhops directly supporting work includes rearranging the luggage storage area and maintaining clean lobbies and entrance areas of the hotel.
4 Substantial amount of time. An employer can take a tip credit for the time a tipped employee spends performing work that is not tipproducing, but directly supports tipproducing work, provided that the employee does not perform that work for a substantial amount of time. For the purposes of this section, an employee has performed work for a substantial amount of time if:
i The directly supporting work exceeds a 20 percent workweek tolerance, which is calculated by determining 20 percent of the hours in the workweek for which the employer has taken a tip credit. The employer cannot take a tip credit for any time spent on directly supporting work that exceeds the 20 percent tolerance. Time for which an employer does not take a
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tip credit is excluded in calculating the 20 percent tolerance; or ii 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 f4i of this section.
5 Work that is not part of the tipped occupation. i 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.
ii 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
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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.
Signed this 23rd day of October, 2021.
Jessica Looman, Acting Administrator, Wage and Hour Division.
FR Doc. 202123446 Filed 102821; 8:45 am BILLING CODE 451027P

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