The undoing of the Obama legacy continued last week when the U.S. Department of Labor (DOL) rescinded the so-called 80/20 rule. The 80/20 rule, technically created when the department rescinded the prior rule back in 2009, established a threshold of 20% for determining whether a tipped employee could be paid the lower tipped wage for non-tip producing work and the employer claim the tip credit. It essentially provided that if 20% of their shift hours were spent on non-tip producing functions, they were to be paid the full minimum wage for their entire shift and the employer was prohibited from claiming the tip credit. Last Thursday however, Acting Wage and Hour Administrator Bryan Jarrett rendered a new opinion letter establishing that the test of full versus tipped wage is not the percentage of hours worked on related jobs versus dual jobs, but rather when the related job is performed. DOL stated in the letter it does not intend to place a limitation on the amount of duties related to a tip-producing occupation that may be performed, as long as they are performed contemporaneously with direct customer-service duties and all other requirements of the Act are met.” DOL did advise that employers should determine in advance which duties are related and non-related and pointed businesses to the Occupational Information Network and its list of 25 acceptable tasks.