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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. — The Golden State Killer arrest is shining the spotlight on a controversial DNA search known as Familial DNA.    In the summer of 2013, communities in southern California were gripped by fear amid a string of unspeakable crimes.An unknown culprit dubbed "The Creeper" entered five homes in Escondido and one in San Marcos, cutting screens, cutting the clothes of little girls and molesting them while they slept.The suspect left DNA at several scenes, but a search turned up no matches. Ultimately, the case went cold until detectives applied to the State Department of Justice for a DNA familial search.In 2015, the mystery DNA profile was linked to somebody already in the system, a close relative of the suspect."They were able to determine through a familial search who the suspect likely was," said Deputy District Attorney Ryan Saunders.That suspect was Gilbert Chavarria, who recently pleaded guilty to a host of charges. He was sentenced to 100 years to life in prison."Police did an excellent job gathering the evidence, but the leads were exhausted. Without the familial searches, we'd still be on our hands waiting," said Saunders.Amid concerns from privacy advocates, California Governor Jerry Brown in 2008 enacted a policy that familial DNA would be used only as a last resort.It's been rarely used. but did provide the break in several serial killer cases, including the Los Angeles-area Grim Sleeper case and in the Golden State Killer case. In the latter, the mystery DNA was linked to a familial profile from an ancestry website.Some law enforcement experts say the recent cases could lead to a lot more requests for the DNA search. Familial DNA also provided the break in the infamous BTK serial killer case in Kansas. 1854

ENCINITAS, Calif. (KGTV) -- One week after a training accident that ended in the death of racehorse Bobby Abu Dhabi, Victor Espinoza is opening up about his recovery.Espinoza, a Hall of Fame jockey, suffered a fractured vertebra when he was thrown from the horse after it went into apparent cardiac arrest in Del Mar. The four-year-old horse died.RELATED: Injured jockey Victor Espinoza to miss rest of Del Mar meet"I was just working my normal routine and then just...something just happens," Espinoza said. "So it was a bit of a different accident than what (I've had) over the years." The 46-year-old jockey remembers thinking that he might be paralyzed after the July 22 fall. He said his body was numb, and he could only move his right arm. "The first time I ever cry, (was) when I first started moving my right leg, when I got on the ambulance and then by the time I got to the hospital, I started moving my left leg." Scans showed that Espinoza fractured his C3 vertebrae in the accident and had damage to his cerebral artery. Doctors told him that he got lucky.  Espinoza will be in a neck brace for six weeks. He told 10News his goal is to make a full recovery - but right now there is no guarantee that will happen."I can't move my neck at all, and I wear (the brace) and it's hard for me to balance because I can't see down," he said, noting that he still has numbness in his left arm. Right now, it is too soon to know if he will be able to return to racing - a sport in which he earned a Triple Crown on American Pharoah in 2015.  He's also a three time Kentucky Derby winner.When asked if he would be scared to race again he said, " I can't predict the future, how I'm going to feel at that moment."  1807

ESCONDIDO, Calif. (KGTV) - Residents of a small mobile home park across the street from the proposed Newland Sierra development, Measure B on the March ballot, say they fear a "yes" vote to approve the project could do irreparable damage to their community.Deer Springs Oaks is made up of 32 mobile homes off Deer Springs Road, directly across the street from the Newland Sierra site. That plan, if voters approve, would allow for around 2,100 new homes, along with open space and infrastructure changes. Residents of Deer Springs Oaks, funded by the nearby Golden Door Spa, have been making the case to voters that Measure B will make a bad traffic situation worse and create a dangerous trap in a wildfire zone. But they also worry that the project could have a more direct impact on their homes. The building of Newland Sierra would require the widening of Deer Springs Road, as well as changes to the nearby interchange with I-15. While Newland Sierra developers say these will not affect the mobile home park, the residents say they are not getting any guarantees from Newland Sierra, the County, or CalTrans."We don't know what they're going to do, how they're going to do it," said resident Georgeann Higgins. "They're so arrogant as to not inform us. These are our homes." Lawyers representing many of the residents obtained plans for some of the alternatives being considered by CalTrans. At least two would cause major changes to Deer Springs Oaks, including the possibility of residents losing property and a road being moved to go through the center of the complex."They impact the park big time," said resident Tony Eason. "They would destroy the park."A spokesperson from Newland Sierra told 10News that the maps being used by the residents are outdated. He sent 10News at statement: “This is just another desperate attempt by the Golden Door Spa and its army of lawyers to try to confuse and scare voters. This alternative was one of more than a dozen road improvement alternatives that was studied. It was ultimately rejected by CalTrans and is no longer an option. The real truth is that Measure B will create affordably priced homes for working families with open space, parks and trails - a better choice than the current General Plan that permits a two million square foot mega-commercial development, mansions and parking lots." Calls to CalTrans to check the accuracy of the claims made by both sides were unavailable to be returned because of the federal holiday. 2494

Fans attending the Indianapolis 500 will be limited to about 50% capacity when the race runs on August 23, Indianapolis Motor Speedway President J. Douglas Boles said Friday.Boles also said additional health and safety measures will be considered.In late March, the Indianapolis 500 was postponed to August 23 because of the COVID-19 pandemic. No word yet what safety precautions will be taken at the event. 416

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