As aghast as the aforementioned Representative Bobby Scott claimed to be over the reversal of the joint employer and other rulings by the NLRB, it appears he was much pleased with Secretary of Labor Alex Acosta and his extension of the public comment period on a potential tip pooling rule change. You will recall that back in 2011, the Department of Labor under the Obama administration prohibited employers from including “back of the house” employees in tip pools and that the DOL under President Trump is likely to overturn that ruling. A few weeks ago, Acosta extended the comment period by an additional 30 days thereby giving those wishing to submit formal comments a total of 60 days to do so. Scott, along with Representatives Keith Ellison (D-MN), Mark Takano (D-CA), and Suzanne Bonamici (D-OR) issued a written statement back then commending the Secretary on the extension and stating that the voices of tipped workers “need to be considered” before any regulatory changes are made. Proponents of the change opine that restricting tips only to servers creates a disparity between the servers and back of the house employees.