Colorado Capitol Report

Small Business Administration Seeking Comment On Proposed Tip Regulations


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Small Business Administration Seeking Comment On Proposed Tip Regulations

Filing deadline extended by 30 days, from original Jan. 4, 2018, deadline.

On December 5, the Department of Labor (DOL) announced it would be extending a comment period for a rule primarily affecting the restaurant industry due to reliance on tips.  This proposed change addresses a 2011 rule from DOL requiring tip-sharing in certain employment cases.

In DOL’s words:  “The Department is proposing to rescind portions of its tip regulations issued pursuant to the (Fair Labor Standards Act) FLSA that impose restrictions on employers that pay a direct cash wage of at least the full Federal minimum wage and do not claim a tip credit against their minimum wage obligations.”

The Small Business Administration(SBA) put it a little more clearly:  Under this rule, employers paying a full minimum wage to employees could require these workers to share their tips with other employees, including employees who do not customarily receive tips.

What this means for CACI members:  If employees are currently paid a full minimum wage, they are in certain cases required to share tips with other employees, including those who don’t usually receive tips (i.e. “back of house” employees such as cooks, dishwashers, etc.).  DOL is revisiting this rule and seeking public comment for rescission of the tip-sharing requirement.  This proposal was put forward after years of wage loss litigation resulting from the 2011 rule.

If you would like CACI to file comments on your behalf, please contact CACI’s Federal Policy Director, Leah Curtsinger at (303) 866-9641.

  • If you wish to file an individual public comment, click here to enter the Federal Register’s FLSA page.
  • To read more from the DOL’s Wage & Hour Division, click here.

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Thursday, January 25th
Registration & Networking: 11:15-12:00 Noon
Luncheon Program: 12:00N-1:30 p.m.
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Don’t miss this Gubernatorial Forum and the opportunity to hear the leading candidates for Governor share with CACI members why they would be the best Governor for Colorado’s economy, and for our state’s businesses and workers.  The Colorado Chamber’s premier annual event, Colorado Business Day, is designed to bring together CEOs, small business leaders, local chamber executives and elected officials from across the state.

Special Guests:

Confirmed:
The Honorable Cynthia Coffman
Mr. Noel Ginsberg
The Honorable Donna Lynne
The Honorable Jared Polis
Mr. Doug Robinson
The Honorable Walker Stapleton
Mr. Tom Tancredo

 Invited:
Mr. Michael Johnston
Ms. Cary Kennedy
Mr. Victor Mitchell

Presenting Sponsor


Sign Up Now to Sponsor a CACI Council Meeting

As the 2018 legislative session approaches, we want to invite you to once again participate in CACI’s Issue Councils.  CACI councils offer a unique opportunity for CACI members to add their expertise and judgment to our policy-making and influence legislation and regulations that impact business. Council meetings provide an open and frank dialogue between our members, key legislators and state agency leaders.  This is also your chance to attend council meetings that you have not attended in the past.  The following Councils are available to all CACI members:

  • Energy and Environment Council
  • HealthCare Council
  • Federal Affairs Council
  • Labor and Employment Council
  • Governmental Affairs Council
  • Tax Council

Each Council will meet at Noon at the CACI offices throughout the session.  Lunch is served at each meeting.  Sponsorship of council meetings by our members is crucial to maintaining the practice of providing lunch to each member during these important council meetings.  We need sponsors for every meeting in the coming year, so we would like to encourage members to sign up now to sponsor a lunch!  Sponsors receive recognition in both email reminders for the meeting and our online Events Calendar, as well as during the meeting itself.  CACI does all of the ordering and setup of the lunch and the sponsorship is always a flat rate of $600.  Please contact Laura Moss for more details or to sign up as a sponsor.  Again, sponsorship by our members is essential to providing our members with lunch during these meetings; we appreciate your ongoing support!

Please see below for specific dates for each council.  Councils always meet from Noon to 1:15 p.m. in the CACI Conference Room: 1600 Broadway, Suite 1000, Colorado State Bank Building.

                                      2018 Council Meeting Dates

Energy & Environment Council: Labor & Employment Council:
January 31st January 24th
February 28th February 21st
March 28th March 14th
April 25th April 11th
Governmental Affairs Council: Tax Council:
January 30th January 19th
February 13th February 9th
March 13th March 9th
April 17th April 13th
HealthCare Council: Federal Council:
January 18th February 6th
February 15th April 3rd
March 22nd May 1st
April 26th July 17th
September 4th
October 16th
November 27th (if needed)

To learn more about our councils, click here.

Thank you and please contact Laura Moss with any questions you may have!