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Content Last Revised: 9/28/67
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 531  

Wage Payments Under the Fair Labor Standards Act of 1938

 

 

 

Subpart C  

Interpretations


29 CFR 531.51 - Conditions for taking tip credits in making wage payments.

  • Section Number: 531.51
  • Section Name: Conditions for taking tip credits in making wage payments.

    The wage credit permitted on account of tips under section 3(m) may 
be taken only with respect to wage payments made under the Act to those 
employees whose occupations in the workweeks for which such payments are 
made are those of ``tipped employees'' as defined in section 3(t). Under 
section 3(t), the occupation of the employee must be one ``in which he 
customarily and regularly receives more than $20 a month in tips.'' To 
determine whether a tip credit may be taken in paying wages to a 
particular employee it is necessary to know what payments constitute 
``tips,'' whether the employee receives ``more than $20 a month'' in 
such payments in the occupation in which he is engaged, and whether in 
such occupation he receives these payments in such amount ``customarily 
and regularly.'' The principles applicable to a resolution of these 
questions are discussed in the following sections.
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