Will Tip-Pooling with the Back of the House be Legal Again?

The public is requested to comment on a new tip pool regulation.


The Department of Labor’s regulations limit an employer’s ability to use an employee’s tips regardless of whether the employer takes a tip credit  or instead pays the full FLSA minimum wage directly to the employee.

In a Notice of Proposed Rulemaking, published in December, 2017, the Department of Labor will propose to rescind the current restrictions on tip pooling by employers that pay tipped employees the full minimum wage directly.