DOL Issues New Guidance Rescinding the 20% Rule: What This Means for Managing Tipped Employees

Program Number: 2939

Program Date: 01/24/2019


On November 8, 2018, the Wage and Hour Division of the Department of Labor (DOL) rescinded the so-called “20% Rule,” which purported to segregate the duties of tipped employees between allegedly tip-generating duties and related non-tipped duties (sometimes referred to as a “side work”), and thereby limit the availability of the tip credit. The rule has been replaced with prior DOL guidance issued in 2009. Speakers Eric Magnus and Justin Barnes will discuss the new guidance, implications of this change for the service industry, and offer advice on how employers can assign work to tipped employees without jeopardizing use of the tip credit.

$95.00Audio CD Add to Cart $95.00Online Audio Add to Cart

Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - BOTH New and Experienced Attorneys, Texas Self Study

Credit Information

50 minute credit hour - 1.0 CLE Credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 CLE Credit, based on a 60-minute credit hour

State Program Numbers

Credit Eligible for BOTH Experienced and New Attorneys in NY


Justin R. Barnes, Esq.

Jackson Lewis PC

Justin R. Barnes is a Principal in the Atlanta, Georgia, office of Jackson Lewis P.C. He represents employers in federal and state courts and before administrative agencies on a variety of labor and employment related issues, including collective and class action wage and hour disputes, labor arbitrations, allegations of discrimination, and employment-related contract disputes. Mr. Barnes’ practice is focused primarily on defending complex wage and hour class and collective actions in state and federal courts across the country. Mr. Barnes has recently assisted clients in defending state Lab and federal wage and hour claims in Georgia, Arkansas, Oklahoma, New York, North Carolina, Illinois, Missouri, and Florida, among others. Mr. Barnes frequently speaks on a variety of workplace related issues, including wage and hour compliance, electronic discovery, and social media. Prior to joining Jackson Lewis in 2009, Mr. Barnes clerked for a United States District Judge for the Northern District of Georgia, in Atlanta, Georgia from 2007 to 2009. While attending law school, Mr. Barnes was a member of the Intellectual Property Law Journal and the Moot Court Board. He also served as a teaching assistant and writing fellow, teaching legal research and writing to first and second-year law students.


Eric Magnus, Esq.

Jackson Lewis PC

Eric R. Magnus is a Principal in the Atlanta, Georgia, office of Jackson Lewis P.C. He is Co-Leader of the Class Actions and Complex Litigation practice. Mr. Magnus’ practice is focused on defending federal and state wage and hour class and collective actions in jurisdictions across the United States. Mr. Magnus’ collective and class action practice focus primarily on “donning and doffing,” “off-the-clock,” tip credit and misclassification cases. Mr. Magnus has obtained summary judgment in a number of “off the clock” class actions across the country. Mr. Magnus has also obtained a series of favorable settlements in nationwide off-the-clock cases. Currently, Mr. Magnus is defending “off the clock,” misclassification and tip credit class actions in Georgia, Minnesota, South Carolina, Pennsylvania, Michigan, Illinois and Arkansas. Mr. Magnus earned his B.S. in Foreign Service from Georgetown University in Washington D.C. Mr. Magnus then worked for three years as a Foreign Policy Analyst for the American-Israel Public Affairs Committee before attending law school. In 2005, he earned his J.D. from The University of Virginia School of Law. During law school, he was the recipient of the Robert Bellamy Scholarship Award and Earle K. Shawe Labor Relations Award given to the most outstanding graduate in the field of Labor and Employment Law. In 2015, Eric joined the faculty at The University of Virginia School of Law where he is teaching the law school’s first seminar on wage and hour law. Prior to joining Jackson Lewis in February 2008, Mr. Magnus was an associate for three years in the Employment and Labor Department at Paul, Hastings, Janofsky & Walker, LLP in Atlanta. During his tenure at Paul Hastings, he served as the Assistant Editor of the Fourth Edition of the leading treatise in the field of employment discrimination law published by BNA in 2007.