On the other hand, the Tenth Circuit, in Marlow v. The New Food Guy Inc., ruled that the DOL's rule was invalid because it exceeds the DOL's authority. Rejecting the Ninth Circuit's analysis, the Tenth Circuit held that the language of the FLSA was not ambiguous, nor was there a "gap" in the law for the DOL to fill. New Proposed Rule : This week, the DOL announced its intent to reverse the 2011 rule. In support of this roll-back, the DOL stated that the updated position would allow "sharing tips through a tip pool with employees who do not traditionally receive direct tips – such as restaurant cooks and dishwashers." The DOL further stated that the proposed rule provides "employers and employees greater flexibility in determining pay policies for tipped and non-tipped workers. .. [and] allows them to reduce wage disparities among employees who all contribute to the customer's experience and to incentivize all employees to improve that experience regardless of their position."