Shierholz said it was “deeply unusual” that the DOL has included no estimates regarding the money that would be shifted from workers to employers as a result of the rule, although the data is readily available.
“When there is uncertainty about a quantifiable cost or benefit, agencies typically do something like provide a range--they don’t forgo providing an estimate altogether,” Shierholz said. “It is obvious why the department left out the required estimate: This rule is bad for workers and any estimate would have made that crystal clear.”
The DOL said on July 20 that it will not enforce the agency’s tip-pooling regulations against restaurant owners with regard to “the retention of tips received by employees with respect to any employee who is paid a cash wage of not less than the full FLSA minimum wage ($7.25) and for whom their employer does not take an FLSA section 3(m) tip credit either for 18 months or until the completion of this rulemaking, whichever comes first.”