[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR531.58]

[Page 174]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 531_WAGE PAYMENTS UNDER THE FAIR LABOR STANDARDS ACT OF 1938
--Table of Contents
 
                        Subpart C_Interpretations
 
Sec. 531.58  Initial and terminal months.

    An exception to the requirement that an employee, whether full-time, 
part-time, permanent or temporary, will qualify as a tipped employee 
only if he customarily and regularly receives more than $20 a month in 
tips is made in the case of initial and terminal months of employment. 
In such months the purpose of the provision for tipped employees would 
seem fulfilled if qualification as a tipped employee is based on his 
receipt of tips in the particular week or weeks of such month at a rate 
in excess of $20 a month, where the employee has worked less than a 
month because he started or terminated employment during the month.