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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

ENGLEWOOD, Colo -- Englewood School District confirmed it is investigating a "fight club" after a video on social media from one of its middle schools made its way into the public light. Scripps station KMGH in Denver received a video of two students at Englewood Middle School fighting, and that parent is concerned her child might be next. According to that parent, who wishes to remain anonymous, there are "fight club social media pages" with videos from fights at Englewood Middle School. One of those videos was recorded on April 5. The video shows one student assaulting another, according to officials at Englewood Schools. The district said the student responsible is now facing disciplinary and legal action. Englewood Police Department sent a statement that one girl was issued a summons for assault. KMGH was not able to find the social media pages, but the district confirmed it is aware of the social media groups and are trying to find those who are responsible for those pages to hold them accountable. The mother who contacted KMGH said through text that those social media pages spread that her child may be the next target and she's "petrified to send her back to school." The district said it will be increasing its security presence at the Englewood Campus as a result.  1349

ESCONDIDO, Calif. (KGTV) - The 'Golden State Killer' arrest is shining the spotlight on a controversial DNA search known as Familial DNA.    In the summer of 2013, local communities were gripped by fear amid a string of unspeakable crimes.An unknown culprit dubbed 'The Creeper' entered five homes in Escondido and one in San Marcos, cutting screens, cutting the clothes of little girls and molesting them while they slept.The suspect left DNA at several scenes, but a search turned up no matches.  Ultimately the case went cold until detectives applied to the State Department of Justice - for a DNA familial search.In 2015, the mystery DNA profile was linked to somebody already in the system, a close relative of the suspect."They were able to determine through a familial search who the suspect likely was," said Deputy District Attorney Ryan Saunders.That suspect was Gilbert Chavarria, who recently pleaded guilty to a host of charges.  He was sentenced to 100 years to life in prison."Police did an excellent job gathering the evidence, but the leads were exhausted. Without the familial searches, we'd still be on our hands waiting," said Saunders.It marked the first use of the search in a local case.  Amid concerns from privacy advocates, Governor Brown in 2008 enacted a policy that familial DNA would be used only as a last resort.It's been rarely used but did provide the break in several serial killer cases, including the 'Grim Sleeper' case and now, the 'Golden State Killer' case.  In the latter, the mystery DNA was linked to a familial profile from an ancestry website.Some law enforcement experts tell 10News the recent cases could lead to a lot more requests for the DNA search.  Familial DNA also provided the break in the infamous 'BTK' serial killer case in Kansas. 1858

ESCONDIDO, Calif. (KGTV) - Escondido Police requested the public’s assistance Monday to find the driver responsible of a crash that seriously injured a motorcyclist. The incident happened Oct. 16 at 4:38 p.m. in the 200 block of W. Washington Ave., police said. A man driving a white Ford F-150 pickup truck struck the motorcyclist and left the scene, according to investigators. Police said the man was in his late 30s, Hispanic, and had a mustache. He was wearing a gray shirt and baseball cap. There was a woman in the passenger seat and a child sitting between them. The first two digits on the license plate may be 8F. Police said the Ford F-150 will have damage to the rear passenger side tail light and tailgate. Anyone with information is asked to call Officer Frank Huston of the Escondido Police Department Traffic Division at 760-839-4423. 858

ESCONDIDO, Calif. (KGTV) - The recuperative care facility run by Interfaith Community Services in Escondido is bright and clean. On the surface, it’s hard to tell the residents inside are just starting their recovery from a low point in their lives.“I don’t know how I would have made it this far,” said Dough Yorba about his chance encounter with Interfaith.He lost his job around Christmas last year and soon after wound up in the hospital for extreme back pain. That’s when he got another diagnosis: cancer.“Oh, I freaked out. Both my parents died from cancer,” he said.Without any income, it got worse when he lost his apartment and transportation.“I literally had no place to go.”But as he was about to start chemotherapy, a social worker at the hospital mentioned the recuperative care facility in Escondido and he jumped at the opportunity.“Every aspect of life is covered here. Your meals are wonderful. The staff goes out of the way to help you with so many things,” he described.As helpful as the facility is, it only has 32 beds.“We project there is a need for another 50-100 beds,” said Greg Anglea, CEO of Interfaith Community Services. “Maybe even more than that.”California hospitals have seen an increase in homeless patients. According to Kaiser Health News, hospitals across the state discharged 28% more homeless patients in 2017 than they did in 2015.In January of this year, California implemented a new law aiming to reduce the practice of “homeless dumping.” It requires hospitals to provide homeless patients vaccinations, a meal and clothing before discharging them. Hospitals must also show that they tried to connect the patients with housing services, though patients can refuse or choose their own destination, even if it’s back to the streets.“That’s a needed improvement,” said Anglea of the new law, but noted it still doesn’t solve the main problem of giving continued medical care to discharged homeless patients. 1955