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Employers may soon be able to require workers who make tips to share that money with other staff. It's part of a new regulation from the Department of Labor.The agency says the rule could help increase pay for back of house staff, like cooks and dishwashers who have historically been excluded from tip pools.The rule says pooling is only allowed if the tipped employee makes the full federal minimum wage.Federal law allows tipped workers to make .13 an hour, as long as they earn enough tips to match the minimum. State laws vary on that point, though.The rule also gets rid of a guideline that said tipped workers must spend at least 80% of their time doing tasks that earn them gratuity.The National Restaurant Association has praised the rule, calling it a win for the industry because it clarifies laws under the Fair Labor Standards Act.“Today’s Department of Labor (DOL) final rule revising tipping regulations under the Fair Labor Standards Act (FLSA) is a year-end victory for the restaurant industry and its workers after years of litigation," said the National Restaurant Association in a statement. "The changes in this rule bring much needed regulatory clarification for the small business owners and their employees about what the law allows and requires. At a time when the restaurant industry is faced with instability, this rule provides renewed sensible regulations on tip-pooling and tip-credit standards.”We spoke to an employment attorney named Louis Pechman who founded WaiterPay.com. He said there may be some clarification in the rule, but that's not the big issue.“Tips traditionally have been viewed by management as kryptonite. Don't touch the tips, servers' tips, stay away. That's my money. Now you have a whole situation where servers, it's my money. The tip was left for me. Why am I paying a cook in the kitchen?” said Pechman.The Economic Policy Institute has estimated the rule would let employers take 0 million from tipped workers each year. That's based on numbers before the industry suffered under the pandemic.As Pechman points out, some local laws are very protective of employee tips and will supersede federal regulations.“So, it's important if you're analyzing the issue, is there a state regulation, is there a city regulation which gives more protection to workers than the FLSA does?” asked Pechman.The rule is set to go into effect in 60 days. The Biden administration could still delay it and create its own rule. 2476

ENCINITAS, Calif. -- No dancing allowed. Sounds a little like the movie, “Footloose” right? Well, it’s real — and it’s the law in the city of Encinitas, California.“We got in trouble for people dancing here,” said Brie Cardosa, owner of Mr. Peabody’s Bar and Grill. The restaurant was fined ,000 for allowing their patrons to dance while listening to live music.Cardonas' restaurant has been providing food and live music for more than a decade. She said they have never had any run-ins with the law until they recent fine from the Alcohol Beverage Control.“We didn’t realize we were doing anything wrong,” Cardosa said.The fine stemmed from a city law that makes it illegal to dance in Encinitas during evening hours.Encinitas Councilman Tony Kranz believes his predecessors created the law in 1986 to prevent several dance clubs from being built in the city, or to dissuade people from behaving lewdly at alcohol-serving establishments.“I think it’s just the result of cities trying to limit their liability," he said. "And make it an enjoyable experience for everybody that comes out."The crackdown took place after the city received an overwhelming number of complaints from a number of area bars. Many Peabody’s fans have taken a stand by signing an online petition to let them keep dancing.You can find the petition here. Cardosa said dancing to music is a natural reaction, and found it hard to force her patrons to remain still. “We just don’t want to get in trouble if we’re dancing, or if someone starts moving around,” Cardosa said. “We don’t want to tell them that they can’t dance. It’s such a difficult type thing to explain to someone.”Kranz agrees. “I’ve been there before. and I’ve seen some dancing. I might have even swayed to the music a couple of times there,” he said. “The (Alcohol Beverage Control) interprets their rules that if you sway to the music, you could be in violation of the rules. That is not what city council is interested in having happen.”Encinitas City staff have started work on a revision to the current, and outdated law. In the meantime, Cardosa is hoping the petition persuades the council to let them stay as is. Her other options are to turn in a “deemed approved ordinance” application to temporarily be approved or to submit the “entertainment establishment permit,” also known as the “cabaret permit.” This would allow Mr. Peabody’s to have “dancers“ inside their venue.But that doesn't really align either. “We don’t want to be a dance club. We don’t want to be a dance venue,” Cardosa said. “I hope to have the support of the city behind us, and just you know, move on.”Cardosa said she will continue to host live music at the restaurant several nights a week, without dancing. She is working with city staff to find the best way to legally run her business while making her patrons happy. 2912

ESCONDIDO, Calif. (KGTV) — A fundraising t-shirt made for an Escondido Police officer fighting brain cancer was banned from Palomar Hospital after someone deemed it racist.Escondido Police Officer Brett Byler, 31, seemed to have it all: a beautiful family and his dream job. But in February, his life turned upside down."He went for a bike ride, and he collapsed," Officer Byler's father, Jim Byler said. "He went to the emergency room, and four days later, he was having brain surgery."The young father of three was diagnosed with glioblastoma, an aggressive form of brain cancer. Byler said the news was devastating, but the community immediately showed their support. Within days, a friend and employee at Palomar Hospital, where Officer Byler was doing rehab, asked if they could make a fundraiser t-shirt for Byler."I thought it was awesome. It was just an act of kindness and generosity, and it kind of overwhelmed us," Byler said, tearing up.The friend designed an original logo with the family's silhouette in front of an American flag with red white and blue stripes, each color representing fire, medical personnel, and police.Byler said it was a big hit. Along with the Gofundme, it raised a lot of money, and hospital staff wore the T-shirt for months."Everything was good, and then we found out that the shirt was being characterized as something that it was clearly never intended to be," Byler said.According to Palomar Hospital, a patient and staff member recently reported that the shirt was racist and that they were offended by it. The blue line in a similarly designed shirt has caused national controversy in recent months, where some have interpreted it as "Anti-Black Lives Matter." So the hospital asked staff wearing the shirt on-duty, to take it off immediately. The Bylers said they were appalled."It's so upsetting that such a positive, unifying message morphed into and mischaracterized into something that is so hateful," Jim Byler said.A hospital spokesman told ABC 10News that they support Officer Byler. But they acted within their dress code. Part of it reads: 2102

ESCONDIDO, Calif. (KGTV) — New undercover video appears to show signature gatherers pitching falsehoods to voters get them to sign petitions that would force the massive Newland Sierra development to a public vote.The County Board of Supervisors approved the project last month. It calls for more than 2,000 new homes on nearly 2,000 acres north of Deer Springs Road in Escondido. Opponents, backed by the exclusive Golden Door Spa, launched a signature drive to collect about 68,000 signatures from registered voters before Oct. 26. It would delay the project so the public can weigh in at the polls. On Friday, Newland released undercover video purportedly showing the signature gatherers making claims that the development would raise taxes, force people out of their homes, and encompass 430,000 acres. "What they're doing is basically putting in a bunch of homes, stores, casinos, hotels," one petitioner says in the video (the plan does not call for casinos or hotels).Steve Inscoe, who lives in Escondido, said signature gatherers told him that plans called for one million square feet of commercial space (it calls for 81,000), and that there was no plan to mitigate traffic (Newland Sierra says it will spend million on traffic improvements)."We are at a time when we need a whole lot of housing," said Inscoe, who supports the project.But the committee behind the petition says the real story is what's not in the video. Newland Sierra has deployed so-called truth teams that are allegedly the aggressors - an attorney for the committee says they even surround signature gatherers to block them from doing their jobs. It has led to confrontations, plus restraining orders and cease and desist letters from Vons/Albertsons. Rita Brandin, a vice president at Newland Sierra, said the signature gatherers are the ones who get confrontational."When a signature gatherer who is being paid says 'this project will raise taxes,' our truth teams can say 'that's inaccurate.' So because the signature gatherer is the one that signature by signature is making his paycheck, they get aggressive," she said.Newland Sierra sent the committee a cease and desist letter, reserving its right to litigate.In a response, Sean Welch, the attorney for the committee, warned Newland Sierra against any legal action. He noted that the signature gatherers are trained and that the First Amendment provides wide latitude for political expression. "It is beyond dispute that the Newland Sierra Project is extremely controversial, and that a large number of voters throughout San Diego County has long been opposed," Welch wrote. "Voter awareness of this issue is particularly high."As it stands, Newland Sierra plans to break ground in 2020, with first move-ins in 2021.   2849

Facebook has announced it is suspending Cambridge Analytica, a data firm with ties to President Donald Trump's campaign, over concerns about violations of the social media site's policies.On Friday, Facebook's vice president and deputy general counsel, Paul Grewal, said in a detailed statement that a University of Cambridge psychology professor, Aleksandr Kogan, had passed Facebook user data he gained through an app on to third-parties, including Cambridge Analytica -- a breach of the social media site's policies on protecting people's information. 562