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DOL Not Shucking Tradition: Recent Opinion Letter on Tip Pool Inclusion
One day before the government shutdown, on September 30, 2025, the U.S. Department of Labor (DOL) issued four opinion letters, including FLSA2025-03, which condones including front-of-house oyster shuckers in traditional tip pools. This opinion letter addresses a question posed by a restaurant employer that requires servers (who are presumably paid a subminimum wage rate and for whom the employer uses tips to satisfy the tip credit) to share tips with other positions, including front-of-house shuckers.
