Call it the “Final Rule” that isn’t, as the Department of Labor has now delayed the implementation of its Final Rule on tip pooling under the Fair Labor Standards Act (FLSA). The Tip Regulations Final Rule was just finalized in late December and was set to become effective on March 1, 2021. However, in one of the many Executive Orders issued by President Biden, he directed all agencies to review and consider delaying any rules issued under President Trump that were not yet effective. In keeping with that order, DOL proposed delaying the effective dates of both the Tip Regulations among others. As a result, the effective date of the Tip Regulations Final Rule, which implements a 2018 amendment to the FLSA allowing for the sharing of tips between tipped and non-tipped workers so long as the employer doesn’t take a “tip credit”, is now delayed until April 30, 2021.