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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

Federal investigators are pushing for measures that would require tech companies to grant them access to encrypted data in criminal cases, according to a New York Times report.The FBI and Justice Department have reportedly enlisted the help of security experts, arguing they could find ways to technically and legally bypass a device's safety features without compromising its security.For years, the federal government and the tech industry have sparred over encryption in criminal cases.Federal agencies have said they are facing a "going dark" problem -- "eroding investigators' ability to carry out wiretap orders and search warrants," writes the Times -- because they cannot bypass devices' security measures. Investigators have argued that modern encryption technologies, as well as the rise of privacy and cyber security concerns, have hampered or completed undermined some criminal investigations.Communication service providers and other tech companies fear government-mandated access would would weaken necessary consumer protections.That issue came to a head in 2015 following the San Bernardino terror attack. Looking for evidence in the shooter's phone, the FBI demanded that Apple help unlock it. Apple CEO Tim Cook refused to comply, arguing the order would create a backdoor into their devices. 1323

FALLBROOK, Calif. (KGTV) -- A tortoise is recovering after falling 10 feet from a wall Sunday, cracking its shell.The tortoise was found by a good Samaritan after falling from a 10-foot wall while being chased by a dog, according to the County News Center.The 70-pound tortoise was taken to a veterinary hospital where animal services were called.Officials say that’s when they learned it would cost several thousand dollars to fix the 35 to 40-year-old tortoise.“We have a donor-driven Spirit fund that we can use for severe medical cases such as this one,” said County Animal Services Director Dan DeSousa. “This tortoise will get the extensive, aggressive care and long-term observation that he needs to regain his health and hopefully live to a great, old age.”The tortoise underwent surgery Tuesday, where veterinarians put screws into the shell then used ties on the screws to hold the broken pieces together.Veterinarians then used the same paste material that dentures are made from to seal the cracks.For more information or to donate to the Spirit fund, click here. 1098

ESCONDIDO, Calif. (KGTV) -- Escondido Police are investigating after a man was stabbed to death Tuesday evening.Police say there were called to the 500 bloc of West 7th Avenue just before 8 p.m. Tuesday afte receiving several reports of a man in an alley who was unresponsive.After officers arrived, they found the man with multiple stab wounds to his upper torso. The man died at the scene, police say.A search warrant was executed at a nearby home believed to be linked to the homicide, but police are still seeking information on the incident and suspects.The events leading up to the stabbing are also unclear at this time.Anyone with information about the homicide is asked to call the Escondido Police Department. 727

ESCONDIDO, Calif. (KGTV) - Día de los Muertos came alive Friday night at the California Center for the Arts in Escondido.Dozens of families came to build memorial altars known as “ofrendas.” While many honored ancestors, the Fallbrook Youth Advocacy Coalition along with the North Inland Community Prevention Program came to honor those taken too soon. “We just want to prevent more families from having this event or having an experience of losing a loved one,” said Pastor Anger Medrano from Victory Outreach Church. The groups were raising awareness of teen drug and alcohol use which can have tragic consequences. Veronica Hernandez with Fallbrook Youth Advocacy Coalition said her daughter lost a friend this summer after she was hit by a DUI driver. “She was only 15 years old. So it’s sad,” said Hernandez. 821

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