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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
ESCONDIDO, Calif. (KGTV) - The dramatic collapse of a tree in front of an Escondido family’s home was caught on camera during a Red Flag Warning Tuesday.Mike and Selene Neumann woke up to howling winds early Tuesday morning at their home on Pico de la Loma.Selene walked out to record video and saw a 60-foot tall tree laying across the yard and the top of their 1997 BMW Z3 Roadster.The tree, an Italian Cypress, mangled the convertible top, shattered the windows, and bent the door.When the Neumanns saw the video from their Ring camera, they were “astounded”.The fallen tree had been in place since the home was built in 1979.Experts checked out other trees on the Neumann’s property and removed a similar Italian Cypress near the uprooted tree. 756

ESTERO, Fla. — A Florida man saved his dog from certain death after he wrestled an alligator that snatched the puppy and dragged the pooch into a pond."He just came out like a missile," 74-year-old Richard Wilbanks of Estero said of the gator that attacked Gunner, his cavalier King Charles spaniel.Wilbanks jumped into the water, pried open the gator's mouth and freed Gunner from the gator's jaws.The rescue was caught on camera by the Florida Wildlife Federation.Wilbanks told CNN that his hands were "just chewed up," but Gunner is doing OK."We live on a shared landscape," Florida Wildlife Federation spokeswoman Meredith Budd told WINK-TV in Fort Myers. "We don't just want to tolerate wildlife, but, rather, we want to thrive with wildlife on a shared landscape."Gunner now takes walks on a leash and away from the water's edge.This story was originally published by Peter Burke on WPTV in West Palm Beach, Florida 929
ENCINITAS, Calif. (KGTV) - Three people are dead and two people were injured Friday when a bluff collapsed just north of Grandview Surf Beach in Encinitas, San Diego County Sheriff's deputies confirmed.The bluff fell about 3 p.m. near a lifeguard tower at the Grandview Beach staircase located in the 1700 block of Neptune Avenue, just below South Ponto State Beach.One person was flown to the hospital in critical condition. A second victim was transported to a nearby hospital with serious injuries. Both of those victims have succumbed to their injuries. Officials closed part of Highway 101 temporarily Friday afternoon to land a life flight helicopter.Map of most recent San Diego County bluff collapsesTwo others suffered minor injuries and their conditions are unknown at this time. There were no children among the victims, deputies said during a news conference Friday.Search and rescue dogs are assisting crews to determine if anyone else may be trapped under the debris.SATURDAY PRESS CONFERENCE:One person who talked to 10News said he arrived at the beach moments after the collapse and saw crowds trying to clear rocks away from the collapse to save anyone who was trapped."It's just horrifying that the people underneath were there in the moment," said Fabian. "Let's just hope for the people."Watch live coverageSky10 video showed more than 20 deputies and rescue officials near the debris field moments after the disaster. Beach chairs and surfboards that had been positioned near the cliff were scattered as rescue teams began their work.The chunk of cliff that collapsed is about the size of a bus and is as heavy as a concrete wall, said geologist Dr. Pat Abbott. The area is 25 by 30 feet, lifeguard officials confirmed, adding that the debris reaches 10 feet at its highest point.Rising waves are creating a dangerous situation for first responders. The disaster happened about an hour and a half before low tide, with "one of the highest tides of the year" expected late Friday night, lifeguards said.RELATED: Encinitas bluffs are a trouble spot known to geologists"This will continue to the point where it becomes unsafe for teams to get in there and work," said Larry Giles of Encinitas Lifeguards.Soil experts were also concerned about a potential second collapse, but said homes on the cliff were not at risk.Officials requested heavy equipment to remove debris and "meticulously break it apart to look for anyone else."Lifeguards closed the beach from the Leucadia-Carlsbad border to just south of Grandview for their rescue effort.“No one woke up thinking this would happen," said a deputy on the scene. "We're going to do the best we can to get through this."Today, a bluff collapsed at approximately 3 p.m. near the 1700 block of Neptune Avenue north of Grandview Beach. The City’s Sheriff and first responders are on the scene assisting in rescue operations. One person is confirmed dead and people have been injured. More details later.— City of Encinitas (@EncinitasGov) August 2, 2019 3026
ESCONDIDO, Calif. (KGTV) — A 12-year-old who got a hold of a firearm accidentally shot himself in the leg Friday.Escondido Police say the boy was at his home in the unincorporated area of Escondido just before 6 p.m. when he found a revolver. He started handling the firearm and a single round fired, striking him in the leg.The boy was taken to a nearby hospital with a non-life threatening injury. RELATED: 10-year-old in custody after firing shotgun at SDPD officers, police sayDetectives recovered the revolver at the scene and say that they believe the boy accidentally fired the gun.Police are currently investigating how the child obtained the gun at the home. 675
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