Taking a step in the right direction, Judge Mosman of the United States District Court for the District of Oregon held on Friday that the U.S. Department of Labor exceeded its authority when it promulgated regulations in 2011 restricting employers from mandating tip pools with back-of-the-house employees. While the issue remains unsettled because there will almost certainly be an appeal, this is a positive step towards a final ruling protecting restaurateurs who should not suffer the burden of tip-pooling regulations if they are not benefiting from a tip credit.  

See Oregon Rest. and Lodging Assn. v. Solis, No. 3:12-cv-01261 (D. Or. June 7, 2013).