On Monday of this week, the Department of Labor (DOL) released yet another amended tip-pooling proposal. The latest iteration however, only applies to employers who do not take a tip credit. It will allow employers to pool tips from front-of-the-house workers and share them with back-of-the-house employees who aren’t normally tipped. This most recent change accommodates legislative compromise language that former Labor Secretary Alex Acosta agreed to with Senator Patty Murray (D-WA), ranking member on the Senate Health Education Labor & Pensions Committee (HELP). It provides that workers with “dual jobs” (one tipped and one not) would be paid the lower tipped wage ($2.13/hour federal minimum) for the time spent performing tipped jobs, but may also be required to perform a small amount of non-tipped work age the lower tipped wage, effectively eliminating the 80/20 rule. The proposed rule, which is open to public comment until December 7 of this year, also reaffirms the ban on employers taking any tips. On the subject of drug testing, last week DOL published a final rule allowing states to drug-test a wider pool of applicants for unemployment insurance. This rule, which essentially expands the narrow circumstances under which drug testing was allowed in an Obama-era rule now allows tests “in occupations that regularly conduct” such tests. The Obama rule was repealed under the Congressional Review Act in 2017, so there may still be some additional challenges coming to the new and expanded authority.