Underscoring the importance of who’s calling the shots at the NLRB, DOL and other federal departments during the transition from the Trump to the Biden administration, the U.S. Department of Labor (DOL) this week announced that it was withdrawing three opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). The Wage and Hour Division of DOL explained that the opinions being withdrawn were based on regulations that have yet to take effect. Admittedly, two of the three withdrawn opinions issued within the final days of the Trump administration, aren’t necessarily relevant to our subscribers, while the third very much may be. FLSA2021-4 addressed whether a restaurant could institute a tip pool under the FLSA that included both servers, for whom the employer takes a tip credit, as well as others for whom a tip credit is not taken. An opinion letter is an official written opinion by the Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter. The Trump administration resurrected the practice of issuing opinion letters after it had been abandoned by DOL under President Obama in favor of administrative interpretations.