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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
FAIRBORN, Ohio — A 911 call during a regularly-scheduled installation exercise prompted a lockdown at Wright-Patterson Air Force Base on Thursday.According to the base's Twitter account, officials were executing an active shooter training exercise in Area A of the base on Thursday when an "unknown individual" called 911, fearing the training was real. The call prompted a security sweep of the base and a lockdown call.Later, Wright-Patterson Air Force Base later clarified that there was never a "real world" active shooter on the base. 558
ENCINITAS (CNS) - A man was killed after being hit by an Amtrak Pacific Surfliner train in Encinitas Saturday morning, sheriff's deputies said.It happened at about 5:30 a.m. on the tracks near the intersection of San Elijo Avenue and Cornish Drive in Encinitas, according to Deputy Christopher Campbell of the San Diego County Sheriff's Department.The train had been heading north at about 60-65 mph when the train engineer noticed a man running toward the tracks from the east, Campbell said. The engineer sounded the train's horn, but the man continued running toward thetracks and dove in front of the oncoming train. The engineer activated the train's brakes but wasn't able to stop in time.Authorities pronounced the man dead at the scene, Campbell said. His identity wasn't immediately released.The train involved in the crash was delayed for about three hours, according to the Pacific Surfliner Twitter page. At least four other trains were also delayed while authorities investigated the crash. 1011
ESCONDIDO, Calif. (KGTV) - Retired officer Al Owens does an amazing job running the Escondido Police Athletic League.10News LEADership recognizes Al Owens’ efforts in getting kids off the streets, out of gangs and also fostering a stronger police community relationship. 285