Takeaways

• The Department of Labor Wage and Hour Division released three new FLSA opinion letters on 09.30.25, the first issued by the second Trump Administration.
• The opinion letters address which restaurant employees can participate in a tip pool, whether firefighters’ emergency pay must be factored into their regular rate of pay, and whether two physically connected entities with shared operations are joint employers under the FLSA.
• Although the opinion letters do not break new ground, they provide useful examples of how the government interprets important provisions of the FLSA.

• Tip pool opinion letter: FLSA2025-03
• Firefighters’ emergency pay opinion letter: FLSA2025-04
• Joint employer opinion letter: FLSA2025-05
• DOL Opinion Letters page

Article

The U.S. Department of Labor Wage and Hour Division issued three new opinion letters interpreting the Fair Labor Standards Act (FLSA) on Sept. 30, 2025. The letters are the first of the new administration and clarify restaurant tip pools, regular rate of pay calculations and joint employment.

Tip Pool Participation

The acting wage and hour administrator advised that “front-of-house” oyster shuckers at a seafood restaurant may be included in a tip pool with servers for whom the restaurant takes a tip credit (FLSA2025-03).

The DOL explained that “to be an individual who customarily and regularly receives tips, an employee must engage in service-related functions and have sufficient interaction with the customers who leave...

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