DOL Delays Implementation of Wage and Hour Rules, In First Step Toward Rescission

As expected, the Department of Labor has now delayed the effective dates of two final rules that had been published by DOL’s Wage and Hour Division in the final days of the Trump Administration. The effective date of DOL’s final revisions to its tip pooling and tip ownership regulations has been pushed back from March 1, 2021, to April 30. Similarly, the effective date of DOL’s final rules governing the classification of workers as employees or independent contractors has been postponed from March 8, 2021, until May 7. CWC had submitted comments asking DOL to allow the rules to go into effect, though it was clear from the outset that DOL had no intention of doing so. DOL will use the delay to determine whether to withdraw the rules or further revise them.