It has been a point of contention – and a source of great income for some in the plaintiff’s bar – for the past several years, but the validity and breadth of tip pooling in the restaurant industry will finally be decided when the Supreme Court (SCOTUS) hears the question this fall. In yet another Obama-era mandate that may fall by the wayside, the Department of Labor under President Obama extended restrictions on employers as to which of their employees can participate in a tip pool, effectively restricting the pool to front-of-the-house staff. A challenge (Wynn Las Vegas v. Joseph Cesarz) to the DOL regulation, brought in Las Vegas, found the regulation valid and was subsequently upheld by the Ninth Circuit Court of Appeal. SCOTUS has agreed to hear the appeal along with a related petition (National Restaurant Association v. U.S. Department of Labor) when the next court session begins in October.