The US Department of Labor this week issued Field Assistance Bulletin (FAB) 2018-3 on the impact of the tip pooling provisions contained in the Omnibus Spending Bill signed into law by the President a few weeks ago. The FAB makes clear that employers who pay the full FLSA minimum wage are no longer prohibited from allowing non-tipped employees to participate in tip pools. At the same time however, it also specifically prohibits managers and supervisors from participating in tip pools, but equates that participation with the employer’s keeping the tips. The provision in the spending bill vacated the Wage & Hour Division’s 2011 regulations prohibiting tip pools when the full federal minimum wage was being paid.