The picture is becoming increasingly clear as to the depth and breadth of the pro-worker thrust of the US Department of Labor in the Biden administration. Earlier this week, the Wage and Hour Division issued a proposed rulemaking that would scale back the circumstances under which an employer may pay a lower minimum wage to workers who earn tips. This latest DOL proposal would require an employer paying a standard minimum wage to workers who spend more than 30 minutes of uninterrupted time on side tasks that “directly support” tip-producing activity, effectively reinstating the old “80/20 rule” with the addition of the 30 minute cap. The proposed rule, which would apply in those instances where the employer is taking a tip credit under the Fair Labor Standards Act (FLSA), was officially published in the federal register on Wednesday. Consequently, the public comment period is now open and public comments can be made and electronically submitted here and must be submitted by August 23, 2021.