A reminder from the DOL that not all “front-of-house” jobs are created equal

The Department of Labor just released a new Wage & Hour opinion letter on one of those topics that always makes restaurant and hospitality employers nervous — tip pooling under the Fair Labor Standards Act.

The question is whether "front-of-house" oyster shuckers can be included in a tip pool with servers when the employer takes a tip credit toward minimum wage?

The DOL says yes — if those shuckers actually interact with customers.

In this case, the oyster bar was part of the dining space. Customers sat at the bar, watched the shuckers work, asked questions, got recommendations, and generally interacted with them like any other part of the service team. Because of that customer-facing role, the DOL said they're "employees who customarily and regularly receive tips."

But the letter draws a clear line:

• Front-of-house shuckers (in customer view, engaging and explaining) = okay to share tips.
• Back-of-house shuckers (in the kitchen, no customer contact) = not okay.

That's consistent with decades of FLSA tip-pooling law. Only employees who customarily and regularly receive tips can be in a mandatory pool when the employer is taking a tip credit. That list usually includes servers, bartenders, barbacks, and bussers — the folks who are part of the customer service chain. It does not include cooks, dishwashers, or other kitchen staff.

So how does this play out in a craft brewery taproom or brewpub?

Think about who's truly "front-of-house":

• Your bartenders and servers? Absolutely.
• The beertender running flights or offering tastings? Probably yes, since they are part of the guest experience.
• The brewer who occasionally pokes their head out of the back or the kitchen cook who drops off food? Probably not, and risky to conclude otherwise.

The DOL's logic is simple: if an employee is part of the guest experience — talking to customers, describing products, answering questions — they're likely "customarily tipped." If they're behind the scenes, however, they're not.

The bottom line is that visibility and interaction matter. If you're going to include someone in your tip pool, make sure everyone included customarily and regularly receives tips and interacts with customers. Otherwise, that "pool" could spring an expensive litigation leak.