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Labor Department Pulls Back 3 Trump-Era Opinion Letters

Jan. 26, 2021, 10:33 PM

Three Labor Department opinion letters issued in the final days of the Trump administration that focused on tip pools and worker classification were withdrawn, the department said Jan. 26.

The letters (FLSA2021-4, FLSA2021-8, and FLSA2021-9) may not be relied on as statements of agency policy as of Jan. 26, the department said.

Opinion letter FLSA-2021-4 addressed whether a restaurant may institute a tip pool that includes those for whom a tip credit is taken, such as servers, and those for whom no tip credit is taken, such as hosts. Letter FLSA2021-8 focused on whether some manufacturing ...