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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. (KGTV) — Encinitas officials announced a "one-of-a-kind" crosswalk has been placed across Coast Highway 101 in downtown.Officials say the artistic crosswalk featuring surfboard shapes and waves spans across the highway at G Street and took two years of coordination between city staff and City Council to put together. The city says the crosswalk will improve walkability and bring more public art to the area.Artist Steffen Vala, whose work has appeared around the globe and been featured by Apple, Marvel, and other big brands, was commissioned for the crosswalk."The iconography of surfboard shapes is a nod to each surfer's 'magic board,' unique to them like their fingerprint. Juxtaposing this individualism is a unifying tidal wave laid out like the ocean's fingerprint that connects all the surfboards. This symbolizes the unifying, collective, 'party wave' we are all riding and our love in protecting the environment while celebrating our differences," the city said in a release.The city says the crosswalk is the longest decorative crosswalk of its kind and first one across a historic highway. 1132

ENCINITAS, Calif. (KGTV) -- The San Dieguito Union High School District is investigating following several acts of vandalism at San Dieguito Academy over the last few weeks. According to the district, the vandalism included “foul and homophobic language, and disturbing anti-Semitic imagery.” The images were drawn and taped to bathroom walls, the district says. “These images have also been shared by some through text and social media,” the district said in a letter. RELATED STORIES Several high-end vehicles vandalized in Chula Vista neighborhoodMore reports of BB gun vandalism in San DiegoVehicles parked on National City street vandalized with acid or other chemicalFollowing the vandalism, San Dieguito Academy has increased security. The district also says it's working with law enforcement to catch the person responsible. Anyone with information about the incident is asked to call the anonymous “We Tip” line at 800-782-7463. Read the full letter from District Superintendent Robert Haley below: 1016

ESCONDIDO (KGTV) -- Escondido police arrested a man with prior criminal convictions Thursday after they found him passed out in his vehicle wearing a ballistic vest and loaded rifle magazines in his front passenger seat. He also had other weapons and police gear he'd allegedly stolen from a law enforcement officer in San Diego, authorities said.According to a release from Escondido Police Department, officers found the man after a caller reported him passed out around 1:10 a.m. outside the 7-Eleven on West Ninth Avenue. The caller said the man was likely under the influence of drugs and did not respond to attempts at waking him.When officers arrived on scene, they recognized the man as 30-year-old Thomas Vann, who has prior criminal convictions. He was wearing a ballistic vest with loaded rifle magazines that were "plainly visible" on the front passenger seat.Officers were able to wake Vann and detain him. They searched his vehicle and found four fully loaded rifle magazines, 126 rounds of rifle and shotgun ammunition, and stolen police gear, including a tactical vest, a duty belt, a medical kit, and handcuffs. Officers determined the police gear was stolen Wednesday from a law enforcement officer in San Diego. They also found 392 grams of methamphetamine and 78 grams of heroin.Vann was arrested and booked into the Vista Detention Facility on numerous drugs, weapons, and stolen property charges. 1426

ESCONDIDO, Calif. (KGTV) — A Vietnam veteran who is struggling with memory issues says a "mistake" could cause him to be evicted from his Escondido apartment.Orrin Donohoe's studio apartment in the Adult Village complex isn't spacious, but it is home. For how long?"I'm scared of what's going to happen to me," said Donohoe.Donohoe, who served as a deckhand for three years on the USS Columbus CG-12 during the Vietnam War, was later diagnosed with PTSD. "Constantly stressed, afraid I'm going to forget something," said Donohoe.Problems with short-term memory steadily grew worse."Missing doctor's appointments, missed bills, forgetting to get gas, forgetting to check the mail. Goes on and on," said Donohoe.The memory issues that cost him so many jobs could now cost him his home. Donohoe depends on Section 8 housing vouchers to pay most of his rent. A few days ago, Donohoe got a letter from his landlord: A three-day notice to pay his overdue rent.Donohoe believes he forgot to fill out the paperwork for the annual renewal for his housing voucher."Scared and depressed," said Donohoe.He owes more than 0 for this month's rent."I don't have it. I have a 0 in the bank and I haven't paid my electric yet," said Donohoe. Donohoe thinks he could be evicted at any moment. He says the County Housing Authority told him he could reapply for a voucher in six months. Until then, he'll likely have to live on the streets."No sense of security ... I'm frightened," said Donohoe.The County Housing Authority is reviewing the case but declined to talk specifics, citing confidentiality.A Gofundme campaign has been set up to help raise funds for Donohoe. 1664

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