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Restaurant servers dodged a bullet this week with a provision tucked into the .3 trillion federal spending bill.Late last year, the Department of Labor proposed a rule?that would have authorized restaurants to share tips between servers and cooks. That would allow employers to keep some tip money for themselves, as long as each worker made at least the full federal minimum wage of .25 an hour.Workers' rights groups argued the rule change would lower the pay of those who work at restaurants, hotels and bars. Opponents of the rule held splashy public protests. The Labor Department received more than 218,000 mostly negative comments on the proposal.It appeared to have worked. The spending bill, which President Donald Trump signed into law on Friday, includes a section that makes it clear that employers may not pocket any portion of tips that diners leave for workers."We beat them," said Saru Jayaraman, president of the nonprofit Restaurant Opportunities Center. "I think they realized how outrageous what they were proposing sounded to the public, and basically they backed down."Representatives for the restaurant industry, however, are also pleased.The National Restaurant Association said it never asked for employers to be allowed to keep tips in the first place. Angelo Amador, senior VP at the trade group, argued that most employers wouldn't skim tips even if they were allowed to."A decision by a restaurant to retain some or all of the customer tips rather than distributing them to the hourly staff would be unpopular with employees and guests alike, and it could severely damage the public's perception of the restaurant," Amador wrote in his comment on the proposed rule.The left-leaning Economic Policy Institute disagreed, saying that many employers take a portion of tips even in places where it's forbidden, and would do so even more often if it were legal. In a recent report, it estimated that servers would lose some .8 billion in tips annually to their employers.The language in the spending bill also effectively does another big thing: It allows employers to pool tips and distribute them among staff, as long as the employer also pays the full minimum wage. Many owners have long sought to boost the pay of kitchen workers and bussers by forcing servers to share their tips."We want to ensure that servers, bussers, dishwashers, cooks, and others who work as a team to provide great customer service in the industry have access to share in tips left by customers, as this legislation clearly allows," said Amador.That's fine with labor advocates at the National Employment Law Project, who say that pooling tips is a good way to create wage equity, as long workers are paid the full minimum wage and tips aren't shared with managers or any other supervisors. "We enthusiastically support this compromise," said Judy Conti, the group's director of federal affairs.Going forward, however, there may be less agreement between workers' rights advocates and the National Restaurant Association.Currently, the federal minimum wage for workers who get tips is .13 an hour. Seven states have done away with the two tiers and made the minimum for tipped workers the same as it is for employees who earn regular wages.Many cities and states have already raised their overall minimum wages, as the federal level has remained unchanged since 2009. The question of eliminating lower tipped minimum wages will be on the ballot this year in Washington, D.C., and Michigan and New York is considering the proposal.All of these efforts have generally come over the objections of the restaurant industry, which argues that the economy and nature of the jobs have changed."The minimum wage, with all due respect, is a 1938 income support system for a workforce that worked in manufacturing and agriculture," said Cicely Simpson, executive vice president for public affairs at the National Restaurant Association, at a panel discussion?last month. "In our workforce, we have people who drive an Uber during the day and work in restaurants at night. They have no desire to spend their entire career in an entire industry."Simpson later softened her stance and said that the National Restaurant Association would like to see policies such as the minimum wage and overtime thresholds be "updated," not trashed entirely. 4411

RENO, Nev. (AP) — A fatal crash shut down a rural highway leading to the Burning Man festival in Nevada's desert, snarling traffic for hours and temporarily stranding hundreds of festival-goers at Reno-Tahoe International Airport.The victim of Sunday's crash was identified Monday as 61-year-old Lonnie Richey of Carson City.A preliminary investigation indicates he was driving a pickup southbound on a county road near State Route 447 when he crossed the yellow lines and hit a northbound RV. Two RV occupants were treated for minor injuries.KOLO-TV reports nearly 800 festival-goers spent Sunday night at the airport or found local motel rooms with help from local airport and tourism officials.Most boarded buses Monday bound for the celebration 100 miles (160 kilometers) north of Reno.Airport spokesman Brian Kulpin says about 20,000 Burners are expected to travel through the airport this week. 908

RAMONA, Calif. (KGTV) — Two people were killed and a third person was seriously hurt in a head-on collision in Ramona on Wednesday.CHP said at about 12:15 p.m., a 56-year-old woman was driving a 2016 Ford Focus northbound on Mussey Grade Road, south of Mahogany Ranch Rd., at a high rate of speed. At the same time, an unidentified woman was driving a 2017 Subaru Impreza southbound on the same road.For reasons that are unclear, CHP said the driver of the Focus lost control of her vehicle and veered into the opposite lane, colliding head-on with the Impreza.The driver of the Focus and a male passenger in the Impreza died at the scene, CHP said. The driver of the Subaru was taken to Palomar Medical Center with major injuries.CHP says they believe both occupants in the Subaru were wearing a seat belt, but the driver of the Ford was not at the time of the crash.It's unclear whether alcohol or drugs played a factor in the crash. 943

Progressives, states and civil rights advocates are preparing a flurry of legal challenges to the Trump administration's decision to add a question about citizenship to the next census, saying the move will penalize immigrants and threaten civil rights.The late Monday move from the Commerce Department, which it said came in response a request by the Justice Department, would restore a question about citizenship that has not appeared on the census since the 1950s. The administration said the data was necessary to enforce the 1965 Voting Rights Act.The state of California immediately challenged the plan in federal court.California Attorney General Xavier Becerra and Secretary of State Alex Padilla trashed the move as anti-immigrant."The citizenship question is the latest attempt by President Trump to stoke the fires of anti-immigrant hostility," Padilla said in a statement. "Now, in one fell swoop, the US Commerce Department has ignored its own protocols and years of preparation in a concerted effort to suppress a fair and accurate census count from our diverse communities. The administration's claim that it is simply seeking to protect voting rights is not only laughable, but contemptible."Former Obama administration Attorney General Eric Holder also blasted the move and said his organization, which focuses on voting enfranchisement and redistricting, would also pursue litigation against what he called an "irresponsible decision."Holder said contrary to the rationale presented by the Justice Department, he and other modern-era attorneys general were "perfectly" able to handle those legal matters without such a question on the Census."The addition of a citizenship question to the census questionnaire is a direct attack on our representative democracy," Holder said in a statement. "Make no mistake -- this decision is motivated purely by politics. In deciding to add this question without even testing its effects, the administration is departing from decades of census policy and ignoring the warnings of census experts."Critics of the move say that including such a question on a government survey will scare non-citizens and vulnerable immigrant communities into under-reporting. By undercounting these populations, they argue, there will be a major impact that follows on voting and federal funds.Because the once-a-decade census is used to determine congressional and political districts and to dole out federal resources, an undercount in heavily immigrant areas could substantially impact certain states and major cities and potentially their representation at the federal level.The question has not been on the full census since the 1950s, but does appear on the yearly American Community Survey administered by the Census Bureau to give a fuller picture of life in America and the population.The Commerce Department said the decision came after a "thorough review" of the request from the Justice Department. The priority, Commerce said, was "obtaining complete and accurate data.""Having citizenship data at the census block level will permit more effective enforcement of the VRA, and Secretary Ross determined that obtaining complete and accurate information to meet this legitimate government purpose outweighed the limited potential adverse impacts," the statement said.Becerra and his state have been central to virtually every legal challenge of the Trump administration on issues ranging from immigration, to the environment, to health care. The Justice Department has also sued California over its so-called sanctuary policies to protect immigrants.More challenges could soon follow.Wendy Weiser, director of the Brennan Center's Democracy Program, a nonprofit that works on issues of justice and civil rights, said the question had no place in the Census."Our Constitution requires a complete and accurate count of everyone living in the country, no matter her or his citizenship status. The administration's decision to add a citizenship question is at best a dramatic misstep, and at worst a politically-motivated move that will undermine a fair and accurate census," Weiser said. "This question is a dangerous move that could lead to a serious skewing of the final census results, which would have a deleterious effect on our system of representative democracy. We urge the administration to reconsider."  4368

Restaurants in Los Angeles County will be open for delivery, take-out and drive-thru services only for three weeks beginning Wednesday in the hopes of preventing the spread of COVID-19, according to The Los Angeles Times and KABC-TV.Restaurants, bar, breweries and wineries in LA County had been open with outdoor seating only. However, officials have moved to restrict all in-person dining as cases in the county have spiked in recent weeks — just as they have across the country.Breweries and wineries can continue selling alcohol in a retail setting."To reduce the possibility for crowding and the potential for exposures in settings where people are not wearing their face coverings, restaurants, breweries, wineries and bars will only be able to offer take-out, drive thru, and delivery services," the county's Department of Public Health said in a news release. "Wineries and breweries may continue their retail operations adhering to current protocols. In person dining will not be allowed, at minimum, for the next 3 weeks."The restrictions came after county officials warned that further action would be taken if the county's five-day average of daily cases rose above 4,000 a day. KABC-TV reports that on Sunday, the four-day average sat at 4,097 a day.The restrictions threaten countless restaurant owners in the Los Angeles area, as well as the thousands of people those owners employ. Several restaurant owners told The Los Angeles Times that the restrictions come just as they were expecting a boost in business for the holidays. Some business owners say they are still paying off renovations implemented to expand outdoor dining.In the last week, California has reported about 11,000 new cases of COVID-19 each day — a record since the pandemic began. 1774