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Kaley Chase and Natasha Skillen hit two-run doubles during a seven-run fourth inning that carried visiting Milford to a 10-7 softball victory at Richfield Springs on Wednesday that clinched the Tri-Valley League East Division title for the Wildcats.
The Wildcats trailed, 6-1, entering the fourth.
In addition to the doubles by Chase and Skillen, Maddy Zenir, Addy Lawson and Marina Steele hit RBI singles in the fourth inning as the Wildcats took an 8-6 lead.
"Oh, my God, it was like the Fouth of July," Milford coach Jim Weir said of his team's fourth inning. "We just started ripping it. It was like something that was contagious. The kids gutted it out. They decided they weren't going to be turned away."
Richfield Springs (10-5, 10-3) needed a victory to force a tiebreaker.
The Indians started fast, scoring five times in the first inning, when Rebecca Smith hit a two-run double and Meghan Cantwell had an RBI single.
"We got the jump on them, but we lost traction halfway through," RS coach Jay Lehmann said. "We gave it away on some bad base-running mistakes. We were overly aggressive running and made some mistakes that cost us."
Winning pitcher Kaitlin VanWinkler struck out eight and overcame 12 walks.
Lawson, Kaley Chase and Maddy Zenir had three hits apiece for Milford (14-1, 12-1), which received two hits from Serena Chase.
The Wildcats will play West Division champion Edmeston at 5 p.m. Friday in the crossover final at Oneonta State. Milford is looking for its first league title since beating Gilbertsville-Mount Upton, 22-5, in the 2003 final. Edmeston's last title came in 2007, when it beat Schenevus, 3-2, for the last of three straight championships.
Milford downed Edmeston, 4-3, during the season.
"It was a great ballgame," Weir said.
Smith and Cantwell had two hits apiece for RS, which is off until sectionals start a week from today.
"It's unfortunate we gave this one away," Lehmann said, "but I'm really proud of the girls. This is the best season Richfield Springs has had in about two decades."


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Whether you live here or are merely visiting, cooking classes in New York City are always an enjoyable thing to do. I set out to find a collection of popular courses that would meet certain criteria of mine. They cialis +2 free viagra had to be small, hands-on classes. (No mere demonstrations, thank you…I want to get my hands dirty.) One day only (because I clearly have a fear of commitment). And not crazy expensive (because I'm cheap). I haven't yet taken any of the courses below, but reviews by former students are favorable, so all of them are officially on my to-do list.
Miette Culinary Studio has a variety of $80-$110 one-day classes. The Belgian born chef, Paul Vandewoude, has made his mark in some of the city's best restaurants like Le Zinc in Tribeca and Tartine right here in the West Village. Classes are tiny–under 12 students–and are compatible with any level of expertise. Upcoming classes include: "Souffle for your Supper", which includes a savory cheddar souffle, raspberry souffle and chocolate souffle with chocolate fudge sauce. In "Give 'em Schnitzel" (hey–don't yell at me–I didn't make up the name), students will prepare chicken schnitzel with spaetzle and red cabbage, escarole salad with warm anchovy vinaigrette and homemade croutons and a pear tart with vanilla ice cream. Classes end with a sit-down dinner with wine, served by the chef and a take-home copy of the recipes.
I want to take the knife skills class at The Brooklyn Kitchen in Williamsburg. For $55 they will teach you how to sharpen a knife properly and cut up veggies without adding your precious fingertips to your primavera. Most of the classes here are hands-on, although not all. (Sorry, but you'll have to be content to be merely a spectator in the pig-butchering class.) But the homemade pizza class (with Roberta's, the hot new pizza joint), a braising class and Vietnamese street food class more than make up for it. 10-40 students per session.
The Institute of Culinary Education There are some cool theme classes at this Chelsea school. "Favorite Chinese Takeout" (won-ton soup, pot stickers and General Tso's chicken), "Crustacean Celebration" (crawfish etouffee, lobster bisque, soft-shell crab po' boy). Or "Best of Beef", which includes braised short ribs, ribeye and chimichurri beef skewers. Baking classes include a red velvet cake workshop and Passover baking instructional. $85-$125 classes culminate in a group dinner with wine.
Rustico holds Italian cooking classes for up to 22 people in a loft located in midtown. Themes usually focus on a specific region "An Evening in Lombardy" features breasola with arugula and shaved parmigiano, sausage and cheese ravioli in sage-infused butter and veal scaloppine in balsamic glaze with basil and shallots. "Hot and Spicy Italian" will include handmade cavatelli pasta with spicy pancetta ragu and three cheeses, crispy focaccia with chilies and fennel seeds and a roasted sweet pepper medley. I want to take "10 Best Pasta Sauces" because, frankly, I wouldn't ever have to learn how to cook anything else. Cost, with wine, is $110-$120 per person.

subset: commoncrawl


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Washington, DC—The American Association for Justice (AAJ) applauds the Consumer Financial Protection Bureau (CFPB) for its continued work to protect consumers from corporate wrongdoing at a time when the use of forced arbitration clauses by the financial sector has grown tremendously. In the forthcoming study, the CFPB must fully examine the devastating impact forced arbitration has on the rights of American consumers,according to comments submitted by AAJ.
"Arbitration can be an effective method of dispute resolution when both parties voluntarily agree to arbitrate," said AAJ President Gary M. Paul. "When corporations hide forced arbitration clauses in the fine print of a non-negotiable contracts to limit the legal rights of an individual it becomes an abusive weapon."
In 2011, a study of financial institutions' policies by the Pew Charitable Trust found 71% of account agreements required accountholders to submit to a private arbitrator selected by the bank.
In addition, CFPB must investigate the expanding use of forced arbitration clauses to ban class-actions. Last year the U.S. Supreme Court decided AT&T Mobility v. Concepcion, giving corporations broad authority to force consumers into one-sided secret arbitrations, practically writing a blueprint for how to avoid class-actions, and ultimately, any accountability.
"Class actions make it economically feasible to seek justice for individually smaller, but not inconsequential injuries and create the power and ability to level the playing field between ordinary citizens and powerful defendants," added Mr. Paul.
The CFPB must not only thoroughly investigate the use of forced arbitration clauses, but must act quickly to protect the rights of consumers to seek justice.
AAJ continues to support the Arbitration Fairness Act of 2011 (S. 987/H.R. 1873) which would amend the Federal Arbitration Act (FAA) to eliminate forced arbitration clauses in employment, consumer, and civil rights cases, and would allow consumers and workers to choose arbitration after a dispute occurred.


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Huge accomplishments are starting to pile up for one Puxico seventh grader.
He refuses to let autism get in his way.
The diagnosis of Asperger's Syndrome was no doubt a challenge, but one 12-year-old Jacob Robertson took head on.
He's a musician and quite the writer, as he even just got a book published.
Jacob Robertson is not only an inspiration to his parents, but to his teachers and classmates as well.
"From the beginning there's always been something," said Ryan Robertson, Jacob's dad.
Jacob Robertson's parents say their son started talking at six weeks old.
"He's always been special," said Ryan Robertson.
Jacob struggled with social skills, and at the age of four was diagnosed with autism.
Later that diagnosis was clarified as Asperger's Syndrome.
"I can't tie my shoes, and couldn't snap my fingers until the 3rd grade," said Jacob Robertson. "I can't dribble a basketball even though I can shoot from anywhere on the court."
However, Robertson says there is a ton he can do.
"I picked up a trumpet and within the first week the notes, the fingering, I could say that's a B flat and I can play it," said Jacob Robertson.
He is an accomplished musician, and is now an author.
"I love writing," Jacob said.
So much so that one day he sat down and started writing a book.
"The ideas came to me, was building up in my mind," said Jacob.
The book "Far Away" is about three brothers who flee foster care to try and find their father in New York City.
"They face challenges along the way, and meet a homeless person and get in a fight," said Jacob Robertson.
"I'm so proud of his effort, he worked so hard and was successful with what came out of it," said Michele Robertson, Jacob's mom.
He also writes poetry including one piece that was published last Christmas in his local paper.
Jacob is also on the honor roll, is the reporter for his Beta Club, and is the editor of the Puxico Junior High newspaper.
"I just couldn't sit back and do nothing," said Jacob. "I had to put out a newspaper."
The district's autism consultant is amazed.
"Jacob is definitely a success story," said Ginger Shearon.
Shearon says in Jacob's two years in the Puxico School District he has blossomed.
"He has developed leadership skills which doesn't come naturally to Apsberger students," said Shearon.
His guidance counselor calls him an inspiration.
"To go this far, it's one in a million," said Hillary Mayberry.
"I'm proud to say he's my son, and see the challenges he's faced it's inspiring to me to get up and do what I need to do," said Ryan Robertson.
As for the next chapter in his life, Robertson says he's taking it one day at a time.
"In my opinion I don't think people should worry about what they'll do when they grow up, you should worry about right now," said Jacob Robertson.
Jacob says he's saving any profits he gets from the book to put into a college fund.
The book, "Far Away" was published by Xlibris.
You can order a copy from your local bookstore, or call 888-795-4274 ext 7879.
Or, you can order online at www.xlibris.com, www.barnesandnoble.com, or www.amazon.com
Copyright 2012 KFVS. All rights reserved.
A woman who was texting while driving was impaled by guardrail pole.
Hershey Company has unveiled its new corporate logo.
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HTML5 in the Web browser: HTML5 forms
The newest specs for HTML forms give programmers more control over data input and validation, while offloading much of the work to the browsersFollow @peterwayner
The changes and enhancements to the form tags are some of the most extensive amendments to the HTML5 standard, offering a wide variety of options that once required add-on libraries and a fair amount of tweaking. All of the hard work that went into building self-checking widgets and the libraries that ensure the data is of the correct format is now being poured into the browser itself. The libraries won't be necessary -- in theory -- because the work will be done seamlessly by all browsers that follow the standard. In practice, we'll probably continue to use small libraries that smooth over slight inconsistencies.
The new HTML specifications include input types that offer a number of new options for requesting just the right amount of data -- say, a form element that requests the time in different levels of granularity, such as month, week, or minute. Other new input types insist that the user type in only valid URLs or email addresses. All of these input fields will be tested to ensure that the text in them is valid and that the user's progress toward satisfying the data integrity police will be tracked by a series of events. There are even hooks for a value sanitization algorithm that checks the information and perhaps cleans it up with some AJAX.
[ Also on InfoWorld: "HTML5 in the browser: Canvas, video, audio, and graphics" | "HTML5 in the browser: Local data storage | "HTML5 in the browser: HTML5 data communications." ]
Compliance with these options is gradually appearing in the browsers. At the time of this writing, for instance, Chrome lets you pin the
min and
max for some dates, but you can't install a value sanitization function. The minimum and maximum values are, of course, the simplest controls to create. It's much harder to offer the deeper hooks.
Holes like this are sprinkled throughout the new options. Firefox, Safari, Opera, and Internet Explorer are all slowly rolling out the new form features, and they're pretty much done with the most important ones. Alas, not all of them support the new features in exactly the same way, so it's still a bit complicated to create content that uses them. But as these gaps close, the new form elements will make it much easier for Web developers to gather information and enforce a few rules that keep the users in line.
To find out if your browser supports the new input data types and controls, try my experimental HTML5 table at wayner.org.


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"I love these! Ordered a set for my sister and my daughter. They look so cute on cards, gift wrapping, envelopes..anything to add just a cute personal touch. The matching address labels make this a very sweet and thoughtful gift! Love Tiny Prints!!!"
"I always order stickers to use for Xmas cookie tin giving and just overall gifts to our very large extended family. Beats writing out gift tags. And these stickers are glittery and festive without being too over the top."
"The quality of these labels is great, and they look even better than pictured. Even though it is not "real" glitter, they look shimmery without the mess glitter leaves behind, which I like. Would definitely recommend."


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August 20, 2014
Posted by Cal Labor Law in Class Actions, Court Decisions, Wage & Hour Issues
New Case Highlights Duty to Reimburse Employees for Using Personal Cell Phones for Work Purposes
Last week a California Court of Appeal held that class certification was appropriate in a case alleging that the employer failed to reimburse employees for expenses associated with using their personal cell phones for work calls. At the trial court level, the employer successfully opposed class certification, arguing that liability could not be established on a class wide basis because it required individualized inquiry regarding whether an employee purchased a plan over and above what he normally would have had for purely personal use, and/or whether the employee incurred charges over and above his personal plan. The employer also argued that if someone other than the employee paid the employee's cell phone bill, the employee would not have standing to pursue a claim for relief and this also created individualized issues. In addition to the individualized issues bearing on liability under Labor Code section 2802, the employer also successfully argued that damages would be highly individualized. The trial court denied class certification based on the predominance of individualized issues.
The Court of Appeal reversed, holding that the trial court abused its discretion in denying class certification. The Court of Appeal held that the trial court relied on the wrong standard for liability for a reimbursement claim under Labor Code section 2802. According to the Court of Appeal, all that is required to prove liability under Labor Code section 2802 is that the employee necessarily incurred expenses in the course of his job duties. The employee does not need to prove that he incurred expenses over and above what he would have incurred absent the job, nor does he have to prove that he actually paid his cell phone bill. The court held that if the rule were otherwise, the employer would receive a windfall by being able to pass on some of its operating expenses to employees. Thus, the court held that to be in compliance with Labor Code section 2802, "the employer must pay some reasonable percentage of the employee's cell phone bill" if the employee uses a personal cell phone for work purposes. In other words, "reimbursement is always required." The court did not define what a "reasonable percentage" is, but instead held that "the calculation of reimbursement must be left to the parties and the court in each particular case."
Based on its interpretation of the standard for liability under Labor Code section 2802, the Court of Appeal held that a class should have been certified because liability could be determined on a class wide basis and did not depend on adjudication of numerous individualized issues. The court acknowledged that damages issues were "more complicated" (i.e. individualized) but held that individualized damage issues do not defeat class certification and that the trial court could employ statistical sampling to calculate damages under the standards set forth by the California Supreme Court in Duran v. U.S. Bank.
The case is Cochran v. Schwan Home Service, Inc. and is available here. Employers that have employees using personal cell phones for business calls should review their expense reimbursement policies to ensure that these employees are reasonably compensated for the expense of making business calls on their personal devices.
August 4, 2014
Posted by Cal Labor Law in Union-Management Relations
Attempt to Fix Noel Canning Issues: NLRB Ratifies Decisions Made Without Quorum – Including Appointment of Regional Director in Los Angeles
Late last month, the NLRB in two separate steps, on July 18 and July 30, decided to ratify all administrative, personnel and procurement matters handled by the Board from January 4, through August 5, 2013 and all actions taken by the Regional Directors selected during this time period, including the Regional Director of Region 31 (Los Angeles). This is the period during which the United States Supreme Court held, in NLRB v. Noel Canning, that the NLRB did not have a proper quorum due to improper recess appointments. The NLRB believes that these acts of ratification eliminate any questions concerning the validity of actions undertaken during this period by the Board or by Region 31 (and the other regions where RDs were selected by a Board with less than a quorum). It remains to be seen whether anyone will attempt to challenge this ratification in the courts by arguing that any decisions made during the time period need to be given a de novo review and that ratification is simply not sufficient.
For more information about this NLRB development, please click here and here.
July 21, 2014
Posted by Cal Labor Law in CDF News & Events
Like Our Blog? Nominate CDF For ABA Journal's Blawg 100 Amici List
The ABA Journal accepts nominations for its annual "ABA Journal's Blawg 100 Amici" list which recognizes the best legal blogs. We take pride in delivering our readers content that is both relevant and timely as it pertains to California labor and employment law. Through our blog, CDF strives to provide the latest news and legal updates for California employers to help them stay in compliance with California employment laws and avoid costly litigation. If you enjoy reading our California Labor and Employment Blog, and find our content to be useful, we hope you will take a few minutes to nominate CDF's blog as one of the 100 best legal blogs. The nomination form - available here – will only take a few minutes of your time to complete, but the recognition will leave a lasting impression for CDF – and the attorneys who contribute to our blog.
We know that there are many great legal blogs out there, and we hope that you will recognize ours as one of the greats. We would appreciate your consideration in recognizing the hard work, dedication and targeted advice we populate our blog with by completing this brief form.
ABA editors make the final decisions about what's included on the Blawg 100 list, but we hope they'll be impressed with what our readers have to say about us. Thank you in advance for your nomination and support of CDF!
July 21, 2014
Posted by Cal Labor Law in Court Decisions, Wage & Hour Issues
California Supreme Court Narrows Commissioned Salesperson Exemption
Last week the California Supreme Court continued its trend of issuing employee-friendly decisions, this time in a case involving the commissioned salesperson exemption. In Peabody v. Time Warner Cable, the plaintiff was a commissioned salesperson who sold advertising spots for Time Warner Cable. She was classified as exempt from overtime under California's commissioned salesperson exemption, which applies to a sales employee whose earnings exceed at least one and one-half times the minimum wage if more than half of those earnings represent commissions. Time Warner paid plaintiff her regular wages on a biweekly basis, but only paid her commission wages once per month. Thus, at least one paycheck per month was comprised only of base hourly pay and did not reflect earnings exceeding more than one and one-half times the minimum wage. However, the monthly commission check, which represented commissions earned for a monthly period (not just for a bi-weekly period), brought the employee's wages for the month to more than one and one-half times the minimum wage.
Plaintiff sued, arguing that she was not properly paid overtime wages for hours worked in excess of eight per day or forty per week. The trial court granted summary judgment for Time Warner, agreeing with Time Warner that it properly paid plaintiff under the commissioned salesperson exemption and that plaintiff was not entitled to additional overtime compensation. Plaintiff appealed to the Ninth Circuit, which certified a question to the California Supreme Court concerning whether an employer could properly allocate commission wages over the pay periods in which they were "earned," or whether the commission wages could only be attributed to the pay period in which they were actually paid. The California Supreme Court said the latter.
In so holding, the California Supreme Court reasoned that California overtime exemptions are narrowly construed and must be interpreted in favor of the employee and against the employer. The Court's holding certainly accomplishes that. The Court acknowledged that California law permits commission wages to be paid less frequently than regular wages and that monthly, or even less frequent, payment of commission wages is permissible (given that commission wages often are not "earned" until certain conditions are satisifed and are not calculable with the same frequency as the regular payroll schedule). However, the Court reasoned that just because California law allows less frequent payment of commission wages that aren't "earned" every pay period does not mean that an employer can use a monthly or less frequent schedule to pay commission wages that are earned. The Court reasoned that California law requires that all wages earned for work performed generally be paid no less frequently than twice per month. Time Warner was arguing that it could allocate commission wages to the pay periods in which they were "earned," but the Court said that permitting this would be tantamount to authorizing monthly pay periods for wages earned. Because monthly pay periods are not authorized by the California Labor Code, the Court held that Time Warner had not properly paid the plaintiff and she did not qualify for the commissioned salesperson exemption.
The Court acknowledged that Time Warner's pay system was proper under the federal commissioned salesperson exemption, but declined to find it proper under California law because California law, unlike federal law, requires at least semi-monthly pay periods.
The California Supreme Court's decision makes it much more difficult for employers to satisfy the commissioned salesperson exemption under California law. Employers that look back and allocate commission wages over the pay periods in which they were "earned" as a means of ensuring that the employee's pay is at least one and one-half times the minimum wage, should revise their practices in light of this decision.
July 1, 2014
Posted by Cal Labor Law in Court Decisions, Wage & Hour Issues
California Supreme Court Eases Path to Class Certification in Independent Contractor Misclassification Cases
Yesterday the California Supreme Court issued its decision in Ayala v. Antelope Valley Newspapers, holding that the trial court erred in denying class certification to a group of newspaper carriers who worked as independent contractors for Antelope Valley Newspapers and later sued the newspaper for wage and hour violations on the basis that they should have been classified as employees. The Court held that the trial court focused on the wrong legal criteria in denying class certification and that the matter had to be remanded for the trial court to re-assess class certification using proper criteria. In denying class certification, the trial court held that the issue of whether the carriers were employees or independent contractors could not be decided in one stroke as to the entire class because the evidence showed substantial variation in the degree of control the newspaper exercised over its carriers' work, and the issue of degree of control is the primary factor in assessing whether a worker is an independent contractor or an employee.
The California Supreme Court held that the trial court erroneously focused on variation in the level of control actually exercised by the newspaper, rather than on whether the newspaper uniformly retained the right to control the carriers' work. The Court emphasized that the key issue is whether the hirer has the right to control the work, not whether the hirer actually exercises that right. The Court explained that evidence of whether the hirer retains the right of control typically is found in the contract between the hirer and the worker. In this case, the newspaper used largely the same form independent contractor agreement for all of its carriers. The Court stated that the trial court "afforded only cursory attention" to the parties' agreement, when it should have focused on the agreement as the starting point for its analysis. Rather than outright saying that if a hirer uniformly uses the same agreement for all of its workers, the issue of right to control can always be decided on a class wide basis, the Court reserved some room for trial courts to look to the parties' "course of conduct" (and beyond just the agreement).
"While any written contract is a necessary starting point, [ ] the rights spelled out in a contract may not be conclusive if other evidence demonstrates a practical allocation of rights at odds with the written terms. In deciding whether claims that hinge on common law employee status are certifiable, then, a court appropriately may consider what control is 'necessary' given the nature of the work, whether evidence of the parties' course of conduct will be required to evaluate whether such control was retained, and whether that course of conduct is susceptible to common proof – i.e. whether evidence of the parties' conduct indicates similar retained rights vis-à-vis each hiree, or suggests variable rights, such that individual proof would need to be managed."
The Court directed that on remand, the trial court would need to assess whether the newspaper, notwithstanding the form contract it entered with all carriers, actually had different rights with respect to each that would necessitate mini-trials. The Court briefly addressed the fact that the test for determining whether a worker is an independent contractor or an employee depends not only on the right of control, but also on numerous secondary factors (method of payment, who supplies the tools and equipment, place of work, etc.). The Court minimized the significance of the secondary factors and of evidence of individualized variation bearing on those factors, reasoning that variation in one or more secondary factors may not impact class certification if the factor is not a heavy one in the analysis compared to the other factors.
The Court's decision and reasoning makes class certification more likely in independent contractor misclassification cases is likely to fuel more of this litigation. This is because many companies use form independent contractor agreements and these agreements often spell out the "right to control" retained by the company. The full decision is available here.
June 30, 2014
Posted by Cal Labor Law in New Laws & Legislation, Wage & Hour Issues
California Set To Increase Minimum Wage On July 1st; San Francisco Increases Rates Under Health Care Security Ordinance Along With Higher Minimum Wage
California employers must be aware that the state's minimum wage increases to $9 per hour on Tuesday, July 1st. This is the first increase in the state minimum wage in six years, and represents a $1 per hour increase from the previous minimum wage of $8 per hour. This new minimum wage is only temporary, and will increase to $10 per hour on January 1, 2016.
Low-end, hourly employees are not the only employees who are affected by this increase, however. It is also important to remember that California law also requires salaried, exempt employees to earn a monthly salary equivalent of no less than two times the new state minimum wage for full-time employment. Consequently, even some exempt employees will see an increase in their salary as a result of the minimum wage increase. Effective July 1st, the new minimum monthly salary for exempt employees will be $3,120, or $37,440 per year.
It is also important to remember that effective January 1, 2014, the City and County of San Francisco increased its minimum wage for all employees working in San Francisco to $10.74 per hour. The notice that San Francisco requires its employers to post can be found and printed here.
Not to be outdone by the City of Seattle, San Francisco Mayor Ed Lee recently proposed a measure to increase San Francisco's minimum wage to $15 per hour by July 2018. Voters will have the opportunity to weigh in on Mayor Lee's proposal in the upcoming November ballot. Even if Mayor Lee's proposal is voted down (which seems unlikely given the proposal's support), San Francisco's minimum wage is already set to increase to $11.03 on January 1, 2015.
The San Francisco Board of Supervisors also recently voted to increase employers' expenditures under the Health Care Security Ordinance ("HCSO"). Under the HCSO, employers must satisfy the Employer Spending Requirement by calculating and making required health care expenditures on behalf of all covered employees. Effective January 1, 2015, these expenditures are set to increase, depending on the number of employees. The notice that San Francisco requires its employers to post regarding the HCSO can be found and printed here. For more information on the HSCO in general, please click here.
The HSCO and the proposed increase to its minimum wage rate are additional examples of employment-related ordinances unique to the City and County of San Francisco. Employers should recall San Francisco's Commuter Benefits, Family Friendly Workplace, and Paid Sick Leave.
Any employers interested in discussing or implementing any of the above changes to California and San Francisco law or any other employment-related policy or practice (or even the recent woes of the San Francisco Giants) are encouraged to contact Ryan McCoy in CDF's San Francisco office.
June 26, 2014
Posted by Cal Labor Law in Court Decisions, Union-Management Relations
Supreme Court Rules That Obama's 2012 Recess Appointments to the NLRB Are Invalid
Today the United States Supreme Court issued its decision in NLRB v. Noel Canning, voiding President Obama's 2012 recess appointments to the NLRB on the ground that the appointments exceeded the President's constitutional authority. In so holding, the Court affirmed the D.C. Circuit Court of Appeal's decision last year in the case. However, the Court did not agree with the D.C. Circuit Court's reasoning. The D.C. Circuit Court had held that the recess appointments were invalid because the Senate was not actually in "recess" at the time and that the recess appointment power only applies to inter-session recesses, and then, only to vacancies that arise during such a recess (as opposed to vacancies existing at the time the recess commences). By contrast, the Supreme Court held that the recess appointment power applies both to inter-session and intra-session recesses and is not limited to vacancies that arise during a recess. However, the Court held that the recess must be of a sufficient length to trigger the recess appointment power. The Court held that the break in the legislative session must be at least 10 or more days in order for recess appointments to be authorized. In the case of the 2012 NLRB recess appointments, the appointments were made during a period when the Senate was convening every three days for pro forma sessions when no business was actually conducted. The Court held: "Three days is too short a time to bring a recess within the scope of the clause. Thus we conclude that the president lacked the power to make the recess appointments here at issue."
The Court's voiding of the NLRB appointments invalidates many NLRB decisions and actions in which the 2012 recess appointees participated. It is unclear how the NLRB with proceed as to the many affected matters. However, NLRB Chairman Mark Gaston Pearce issued the following statement today:
"The Supreme Court has today decided the Noel Canning case. We are analyzing the impact that the Court's decision has on Board cases in which the January 2012 recess appointees participated. Today, the National Labor Relations Board has a full contingent of five Senate-confirmed members who are prepared to fulfill our responsibility to enforce the National Labor Relations Act. The Agency is committed to resolving any cases affected by today's decision as expeditiously as possible."
The Court's full opinion in Noel Canning is available here.
June 26, 2014
Posted by Cal Labor Law in Court Decisions, Discrimination, Harassment & Retaliation
California Supreme Court Holds, Contrary to Federal Law, That Unauthorized Workers Can Recover Back Pay Even for the Post-Termination Time Period When They Did Not Perform Work and Could Not Legally Earn Wages
Today the California Supreme Court issued its decision in Salas v. Sierra Chemical Co., holding that an employee who fraudulently obtained employment through use of someone else's social security number, may still pursue employment discrimination claims stemming from termination and recover damages against the employer, including post-termination back pay for the period when the employee was not authorized to work and did not actually perform work. The Court held that federal immigration law does not preempt this result.
Salas applied for employment with Sierra Chemical in 2003 and was hired. In compliance with its legal obligations, Sierra Chemical required Salas to complete an I-9 form as well as a W-4. Salas completed these forms by providing a resident alien card and a social security card. From 2003 to 2005, Salas was subject to seasonal layoffs on a few occasions, but was later recalled to work. Each time he was recalled to work, Salas provided the same social security number he had provided upon hire. In 2006, Salas injured his back in the course of his work. He sought medical treatment and returned to work with temporary modified work restrictions, with Sierra Chemical accommodated. A few months later, Salas was released to full duty.
Later the same year, Salas injured his back again and filed a workers' compensation claim. He performed modified duties, which Sierra Chemical accommodated, until the winter of 2006, when he was subject to another seasonal layoff along with Sierra Chemical's other production workers. In May 2007, Sierra Chemical notified Salas and other production workers that it was recalling them for work and directing them to make arrangements to return to work. Salas' supervisor told Salas to also bring a doctor's note indicating he was released to return to work. Salas contacted his supervisor and told him that he had not been released to return to full duty but that he had an appointment in June to obtain the release. Salas' supervisor agreed to hold his job open for him until that time. Salas' supervisor never heard from him again.
In August 2007, Salas sued Sierra Chemical, alleging claims for failure to accommodate a disability in violation of FEHA, and for unlawful refusal to rehire him in retaliation for filing a workers' compensation claim. Salas sought lost wages, emotional distress damages, punitive damages, and attorneys' fees. Two years into the litigation, Sierra Chemical learned that Salas had falsified his employment eligibility documentation and that he was not authorized to work in the United States. Sierra Chemical filed a motion for summary judgment, arguing that it was entitled to judgment as a matter of law on Salas' claims based on the doctrines of after-acquired evidence and unclean hands. The trial court denied Sierra Chemical's motion, but was then directed by the court of appeal (by writ of mandate) to grant the motion. After judgment was entered for Sierra Chemical, Salas appealed. The court of appeal again held that Salas' claims were barred by the doctrines of after-acquired evidence and unclean hands and affirmed the judgment in favor of Sierra Chemical. The California Supreme Court granted review and reversed the judgment in favor of Sierra Chemical, holding that the doctrines of after-acquired evidence and unclean hands did not operate to completely bar Salas' claims.
The Court (in an opinion authored by Justice Kennard and joined by Justices Cantil-Sakauye, Werdegar, Corrigan, and Liu) held that the doctrines of after-acquired evidence and unclean hands may operate to reduce an employee's damages and/or preclude reinstatement, but that they are not a complete defense to an employee's claims. The court held that where lost wage damages are at issue, these doctrines generally preclude recovery of lost wage damages from the point of the employer's discovery of the employee's misconduct forward, but that the doctrines do not bar recovery of damages for the period of time prior to the employer's discovery of the information. In the case of an employee who is fired and later sues, and during the litigation the employer discovers that the employee fraudulently obtained employment through use of someone else's social security number, the employee would still be entitled to recover lost wages for the time period from termination until the employer discovered the fraud (typically years later during the litigation process). In other words, the employee who wasn't even authorized to hold employment in the first instance and did not perform any work for the employer during the post-termination time period could still recover lost wages for being denied employment during that time period. Really?
Employers shaking their heads have good reason to do so. The United States Supreme Court does not seem to agree with the result reached today by the California Supreme Court. Indeed, in 2002, in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, the United States Supreme Court held that a worker who fraudulently obtained employment in violation of immigration laws was not entitled to backpay from the period of time from termination through the employer's discovery of the fraud. Reversing an award of backpay to an employee for a four and one-half period of time from his termination through his employer's discovery of his undocumented status, the Court held that "awarding backpay to illegal aliens runs counter to policies underlying" the Immigration Reform and Control Act of 1986, and that it was improper to "award backpay to an illegal alien for years of work not performed, for wages that could not lawfully have been earned, and for a job obtained in the first instance by criminal fraud." Makes sense, right? The California Supreme Court apparently does not think so. In an effort to get around Hoffman Plastics, the California Supreme Court held that Hoffman Plastics did not apply because it dealt with NLRB proceedings and that somehow made it materially different. The Court held that because this case involves California law and, more specifically, discrimination claims brought under FEHA, there are different public policy considerations at issue. The Court also emphasized the fact that in 2002, the California legislature, which also did not like the Hoffman Plastics decision, enacted a state law specifically designed to render Hoffman Plastics inapplicable to state law employment claims. That 2002 California state law specifically provided that all state-provided worker protections, rights, and remedies (except reinstatement prohibited by federal law) were equally available and applicable to all individuals regardless of immigration status.
Hmmm. Doesn't federal immigration law preempt state laws to the contrary? Not so, according to today's California Supreme Court ruling. The Court held that there was no direct conflict between federal immigration law and California law permitting unauthorized workers to recover lost wages for a period of time when the employer did not know of the employee's fraud and unauthorized status. The Court also held that California law was not in conflict with the policy and purpose of federal immigration law. According to the Court:
"Even if permitting [unauthorized aliens who have used false documents to secure employment] to obtain state remedies for violations of the state labor and employment laws provides an incentive for such federal law violations, the practical effect of such incentive is minimal because the typical unauthorized alien wage earner is not familiar with the state law remedies available for unlawful termination and because job seekers rarely contemplate being terminated in violation of the law. Thus, it is highly unlikely that an unauthorized alien's decision to seek employment in this country would be based in any significant part on the availability of lost wages as a remedy for unlawful discharge. . . . Furthermore, not allowing unauthorized workers to obtain state remedies for unlawful discharge, including prediscovery period lost wages, would effectively immunize employers that, in violation of fundamental state policy, discriminate against their workers on grounds such as disability or race, retaliate against workers who seek compensation for disabling workplace injuries, or fail to pay the wages that state law requires."
Based on this and other reasoning, the California Supreme Court held that California's 2002 law and its holding were not preempted by federal immigration law.
In sum, the California Supreme Court held that a worker who fraudulently obtains employment through false immigration documents and is later terminated for reasons unrelated to the employee's fraud may pursue claims for employment discrimination and that those claims are not completely barred by the employee's fraudulent conduct. The employee loses the right to reinstatement as a remedy if the employee was not actually authorized to work in the United States in the first place and also loses the right to recover lost wages for any time AFTER the employer discovers the employee's fraud. However, the employee can still recover lost wages from the time of termination until the time the employer discovers the fraud, even though the employee was not authorized to work and did not actually perform any work for the employer during that time period. Of course, the employee can also still seek emotional distress damages, punitive damages, and attorneys' fees as well.
Justice Baxter, joined by Justice Chin, dissented from the majority's holding, stating that in their view, Hoffman Plastics and federal immigration law preempt and preclude a state law award of back pay during the time period from an employee's termination through the employer's discovery of the fraudulent conduct. Perhaps Sierra Chemical will seek review by the United States Supreme Court. Stay tuned. Today's decision is available in full here.
June 24, 2014
Posted by Cal Labor Law in Employee Leave, New Laws & Legislation
Administration of FMLA Leave for Same-Sex Spouses Gets Easier Under Proposed Rule
The Department of Labor ("DOL") has announced a notice of proposed rulemaking to revise the definition of "spouse" under the FMLA to make it clear that the FMLA applies to legally married same-sex spouses, regardless of where they live. Before last year, the FMLA applied only to opposite sex spouses. Last year, the United States Supreme Court issued its decision in United States v. Windsor, holding that federal laws that discriminate against same-sex married couples are unconstitutional. As a result of the Windsor decision, the FMLA's provisions allowing family and medical leave to care for a "spouse" became applicable not only to opposite-sex spouses but also to same-sex spouses – so long as the employee requesting leave resides in a state that recognizes same-sex marriage. This is because the FMLA currently defines "spouse" in a way that is tied to the law of the state where the employee resides. The problem with the current spousal definition is that many states still do not recognize same-sex marriage, and even if an employee was married in a state that does recognize same-sex marriage, he or she technically is not eligible for FMLA leave (to care for a spouse) if currently living in a state that does not recognize same-sex marriage. This has resulted in administration difficulties for employers, many of whom would prefer not to have to engage in an inquiry about whether the employee resides in a state that recognizes same-sex marriage in order to determine whether to allow the employee leave. However, employers who have decided that they will provide the same leave benefits to same-sex spouses regardless of the state in which they reside, run the risk of deducting from an employee's FMLA leave bank if the employee actually resides in a state that does not recognize same-sex marriage. Because the FMLA technically does not apply to spousal leave for that employee, any leave allowed should not be deducted from the employee's FMLA leave bank. If the leave was deducted and the employee improperly was deemed to have exhausted all available leave only to later be denied leave that did fall under the FMLA, the employer could face liability for wrongful denial of FMLA leave.
The proposed amendment to the FMLA's "spouse" definition eliminates this problem. Under the proposed rule, "spouse" would be defined to include individuals legally married in any state (including common law marriage where recognized under the law of the state). The definition would also extend to individuals validly married abroad if the individuals could have been legally married in any U.S. state.
The proposed rule has not yet been published in the Federal Register. Once it is, it will be subject to a public comment period and approval process before it is actually approved and implemented. We will keep you posted of developments in this regard. Employers covered by the FMLA will want to follow these developments and, once the rule is finalized, revise their FMLA policies and practices to ensure that their FMLA administration practices are in compliance with the new rule. The DOL's notice of proposed rulemaking is available here. Additional information, including answers to frequently asked questions, are available here and on the DOL's website.
June 23, 2014
Posted by Cal Labor Law in Arbitration Agreements, Court Decisions
Ninth Circuit Further Weighs In on Class Waivers in Employment Arbitration Agreements
The California Supreme Court wasn't the only court focused on arbitration agreements today. The Ninth Circuit also issued a pair of decisions relating to the enforceability of class waiver provisions in employment arbitration agreements. In both instances, the Ninth Circuit upheld the enforceability of the agreements.
In the first case, Johnmohammadi v. Bloomingdale's, the Ninth Circuit considered whether a class waiver provision was enforceable to bar court litigation of wage and hour claims brought on behalf of a putative class of employees. The narrow issue before the court was whether the class waiver violated the Norris-LaGuardia Act and/or the National Labor Relations Act, both of which protect employees' rights to engage in concerted activities for mutual aid and protection and prohibit employers from restraining or interfering with these rights. The court held that the class waiver provision did not violate either Act because the arbitration agreement allowed employees 30 days to elect to opt-out of the agreement. Had the plaintiff opted out, she would have been free to pursue her class claims in court. By not opting out, she elected to proceed with any claims individually in arbitration. The court held that this opt-out right effectively precluded a finding that the plaintiff was coerced into waiving class claims or otherwise restrained from pursuing them. The plaintiff admitted she was aware of the arbitration agreement and the right to opt-out and that she did not elect to do so. There was no evidence that the plaintiff was coerced into not opting out. On these facts, the Ninth Circuit held that the class waiver provision in the agreement was enforceable and not in violation of the NLRA or Norris-LaGuardia Act.
In the second case decided by the Ninth Circuit today, Davis v. Nordstrom, the court considered whether a class action waiver provision that the employer added to its arbitration policy (set forth in an employee handbook, not a free-standing agreement) was enforceable to preclude an employee from litigating wage and hour claims on behalf of a putative class in court. The court held that the handbook provision was an enforceable agreement and that the class waiver provision was enforceable.
Nordstrom had a long-standing arbitration policy in its employee handbook, but the policy did not include class waiver language. The handbook did include language indicating that Nordstrom would provide employees with 30 days written notice of any substantive changes to the arbitration provision in the handbook to allow employees to consider the changes and decide whether or not to continue employment subject to those changes. In July and August 2011, Nordstrom revised its arbitration policy to require that employees arbitrate any employment claims individually and to preclude the filing of class claims. Nordstrom sent letters to its employees in June 2011 advising them that the arbitration policy had been modified and provided a copy of the new policy. In August 2011, the plaintiff filed a putative class action alleging wage and hour violations against Nordstrom.
Nordstrom moved to compel arbitration of the plaintiff's individual claims, but the district court denied the motion. The district court held that no "agreement" was ever reached because Nordstrom did not provide clear notice to employees of the change, that it would go into effect in 30 days, and that by continuing employment employees would be bound by the change. The Ninth Circuit reversed the district court's ruling and held that the plaintiff had entered into an enforceable agreement by continuing her employment after notice of the change to the arbitration policy, thereby agreeing to the change. "While the communications with its employees were not the model of clarity, we find that Nordstrom satisfied the minimal requirements under California law for providing employees with reasonable notice of a change to its employee handbook by sending a letter to [the employees] informing them of the modification, and not seeking to enforce the arbitration provision during the 30 day notice period."
As for Nordstrom's failure to expressly alert employees that by continuing employment for 30 days they would be agreeing to the change to the arbitration policy, the Ninth Circuit held that California law does not require employers to expressly inform employees that continued employment constitutes acceptance of policy modifications. As such, this was not a basis for invalidating the class waiver or for finding that no agreement was reached.
The Ninth Circuit's decisions in these two cases are here and here. While today's Ninth Circuit opinions are favorable for California employers, employers are cautioned that best practice is still to have any arbitration agreement be a separate agreement rather than simply a part of an employee handbook. Additionally, it is a good idea to specifically advise employees not only that their employment is at-will, but also that this means the employer has the right to modify the terms and conditions of employment at any time and that continued employment constitutes the employee's acceptance of any such modifications.


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FARMALL H pulling sled at Jena Fall Fest
Farmall H, HV & Super H, 1939-1954
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Re: FARMALL H pulling sled at Jena Fall Fest
That H is a mean puller and I like the way it marches past all those green machines.
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Case Overview
Advocates are demanding that state officials pick up where federal regulators have left off and scrutinize the combined environmental and community impacts of a pair of gas storage projects proposed for underground salt caverns on the shores of Seneca Lake, in the Finger Lakes region of Western New York.
The demand was outlined in a letter sent to the state Department of Environmental Conservation (DEC) by Earthjustice on behalf of Gas Free Seneca, which is fighting to protect the region from the controversial projects.
Local residents, business owners and elected officials are concerned that the projects will jeopardize public health and safety and threaten Seneca Lake and along with it, the growing local tourism economy.
Both projects are proposed by subsidiaries of Kansas City-based Inergy Midstream. One proposal would involve the storage of 88 million gallons of liquid petroleum gas ("LPG"). The second is for additional natural gas storage, expanding capacity at the site to 2 billion cubic feet. Both proposals are awaiting approval by the Department of Environmental Conservation. Only one, the natural gas storage project, requires approval by the Federal Energy Regulatory Commission.
Since forming in early 2011, Gas Free Seneca has built an organization of more than 140 business coalition members opposed to this facility and collected more than 5,000 petition signatures of local residents, business owners and visitors.


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Fundraising for the Salvation Army is taking a new turn in Turlock as the days of bake sales and car washes are being replaced with upcoming nights of drinks and dancing to support the several initiatives of the Turlock branch of the national organization.
As drought conditions continue, the City of Turlock encourages water users to implement one new water saving activity per day. You'll be surprised how much you save. And even if the savings are small, it's important that we all do our part because "Every Drop Counts." Here are a few tips to get you started:
When the San Francisco 49ers hit the field in 2104 there will be two Valley natives on display at the brand new Levi's Stadium-Colin Kaepernick and Nick Brown.
Turlocker Carolina Alfaro used to run to the grocery store late at night once her husband got home from work. With two special needs children, the simple task of grocery shopping became a burden made easier only by using her sons' wheelchairs as a makeshift shopping cart when necessary.
The United States Department of Agriculture has declared Aug. 3-9 as this year's Farmers Market Week. For the local community, the Turlock Certified Farmers Market is the perfect place to celebrate.
The sale of Emanuel Medical Center to Tenet Healthcare Corporation has officially been completed with Tenet taking over ownership of the 209-bed facility Friday and appointing Susan Micheletti as the hospital's new chief executive officer.
The Connecting Point Church of the Nazarene in Denair is hosting its fifth annual Cruzin' Car Show Benefit Saturday to raise funds for a young disabled Ceres boy.
Smoke from wildfires in the Sierra Nevada will continue to affect air quality in foothill and mountain communities through the weekend and remain on the Valley floor, local air officials said.
A horse that was spotted running free on the highway Wednesday morning has been reunited with its owner.
Name: Turlock Fitness and Racquet Club
The citizens of Turlock are experts at throwing the perfect block party. For the past six years, Turlock has embodied the spirit of the annual National Night Out event by bringing neighbors together with each other and local public safety and government leaders in an effort to prevent crime and foster a sense of community.
Local Assyrians are grabbing their picket signs and leaving their hometowns to defend their homeland by traveling to San Francisco on Saturday for a regional protest, just one portion of a worldwide effort demonstrating objection to the religious persecution currently plaguing Christians in Iraq.
Turlock will soon play host to a new supermarket store, Grocery Outlet, which is also looking to employ approximately 20 new employees before its grand opening in September.
Locals with an inventive knack will have the opportunity to express their creativity for a shot at $2,500 by entering the Stanislaus County Business Alliance's inaugural Innovation Challenge.
When Wanda Bonnell was a student working towards her Master's Degree in Education and Counseling at California State University, Stanislaus, she vaguely heard about the American Leadership Forum.
Andy Cheung and Lien Diep of A&L Poultry in Turlock have been permanently prohibited from working directly with animals again, a settlement reached as a result of the producers' reckless abandonment of 50,000 hens back in 2012.
While Turlocker and United States Army veteran Cory Smith may have returned home several years ago after witnessing the affects of war first hand, his patriotism has not waned evident by his decision to take to the streets of Turlock - literally - to increase locals' understanding of the sacrifice of soldiers.
The new Sutter Gould care center opened in Turlock on Monday with the old offices on Main Street closing its doors.
Although franchise-owned Sweet River Bar and Grill on Geer Road has closed its doors, locals will soon have a new restaurant at which to dine in town as Table 26 is slated to open at Sweet River's former location in as soon as two months time.
Hall Equities Group and Turlock Irrigation District have reached an agreement regarding the required installation of an electrical loop for the Monte Vista Crossings Project that will allow the development company to move forward and ensure business openings in time for the holiday season.
A Turlock man was struck and killed by a train after he rode his bicycle around the crossing arms, the Turlock Police Department reported.
Some writers are hit with instant inspiration, while some will kick around an idea for a few years. Then there is Ann Nivens, who had an idea for a novel nibbling away at her for decades.


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Change can be good.
You now have more options to control how you receive information on the SPE products and services most relevant to you. Log in to your SPE membership account and choose your Communication Preferences today. While you're there, please also make sure your contact information and technical interests are up to date.
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Log in to your profile and follow these steps:
- From the left sidebar profile menu, select Communication Preferences, then update your information for the categories listed.
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Here are two perspectives on what it's like to be "a hot girl who gets old."
Friday, January 4, 2013
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I pulled a muscle from rolling my eyes so hard at the first one, but then Cindy Perlman Fink's answer made up for it.
@yrouttasight UGH. THE WORST. She couldn't decide if she knew how hot she was or if she "was, like, totally embarrassed" about it. I about scoffed aloud at my desk at the "natural sales ability" remark.
The second one was pretty great, I agree.
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I imagine the first lady using some sort of cliche generator to write that account.
@OhMyGoshYouGuys Michelle? She's not even 50.
Is this just going to make me mad? Since I've never been a hot girl?
@anachronistique I actually liked both. But then again I can somewhat get with the whole "being attractive sucks sometimes" thing even if I've never been hot.
@Emmanuelle Cunt i liked both too. i don't think people would unhappy that the women stated she had natural sales ability or that she was embarrassed if she hadn't stated she was hot. because we as women don't think we should say positive things abt ourselves. just my humble opinion.
@Emmanuelle Cunt Oh, yeah, I'm not trying to be a jerk who's all PRETTY PEOPLE HAVE NO PROBLEMS, but there are ways to write about this that are interesting and ways to write about it that make you look like a condescending asshat.
I know it's a typo (I think!) but "mid 59s" made me chuckle.
@quimby I'm pretty sure it is not a typo, but I can't decide which of several possible meanings it has. Any of them, though, it's funny.
If anyone would like to know what it feels like to be a moderately attractive (maybe? at best?) woman who is skeptical about all compliments about her appearance and is generally oblivious to all forms of flirting from the opposite sex, then feel free to ask away!
I'm a gold mine of insights!
[I also enjoyed the second woman's answer about visibility/invisibility, and the mixed feelings involved with getting a senior discount when you are not actually a senior.]
@RK Fire I'm curious about all this stuff too, but it's so hard to frame a discussion around. Attractiveness in general is such a weird/hard to quantify thing.
I'm in my late thirties, so I haven't really felt the age impact yet, but fatty v. thin? Hells yeah. I gained 40lbs from some meds and suddenly became invisible. It's not like I was ever a hot girl, but there would be occasional flirtation from strangers. Now? Not so much. I try not to worry about it, and just mentally dismiss said people as shallow. Unfortunately, I know that being short, middle-aged and overweight will have a negative impact on my upcoming career change. Sigh. Can I claim a gym membership and the medical bills as business related expenses?
>Can I claim a gym membership and the medical bills as business related expenses?
I am not a tax lawyer, but you should check with one because maybe! Especially with the obamacare semi-mandatory health insurance thing and some insurance companies giving discounts for gym memberships and stuff.
@minijen I second this. I actually did get a lot of attention when I was younger and thinner because of my boobs, but ever since the rest of me grew to match I've gone from being catcalled to being invisible. At first it bothered me but now, when I look back at how gross men of all ages were to me, I see it as a blessing.
@minijen By the way, I'm totally weirded out every time I see your profile pic because I am also a Jen with almost the same hair and glasses. Have I said this before? Probably. I'm also short and in my late thirties!
@fondue with cheddar - I always got the creepy, excessive attention for the bosoms, as well. It started pretty early, which really messed with my head at the time, but I got over that, too. You know, I think my main problem with it isn't that I don't register as sexually attractive/viable woman, it's that I don't register as a valid person. You're not a man, you're not an attractive woman, therefore you are nothing. Does that even make sense? (yes, I'm being a leetle bit dramatic, but I think the point is valid)
@fondue with cheddar - Well, we ARE amazing, so no surprise:)
@minijen It makes perfect sense, and I totally agree with you! That has been my experience, too.
Ugh, there was this one old dude (like great grandpa old) who was a regular at the bar where I would hang out when I turned 21. He wore those wraparound old man sunglasses so you could never see his eyes, but I could tell he was always watching me. And he would do this low, warbling whistle every time I walked by. It was the creepiest thing.
We should be a superhero duo.
@minijen I gained about 60 pounds with pregnancy and became invisible to the men in my hood, which was fantastic because I used to get HORRIBLE catcalls, then I lost almost 90 pounds afterwards... and remained invisible! I think I'm TOO skinny for them, or am I just magically over the age threshold now?
@iceberg do your children scare them off? I understand there are three of them running around department stores (semi-genuine, semi-rhetorical)
@iceberg You're probably magically over the age threshold. I had a similar experience, except I didn't lose as much weight and was definitely not TOO skinny.
As far as the "becoming invisible to men after age 50" thing goes, I'm not so sure. My mother is nearing 55 (although she looks more like 35-40) and has tons of men falling over themselves around her- including ones in their 20's. I'm not sure if that's necessarily a good thing, but I wouldn't mind aging like her.
@Blackwatch Plaid If I can age like my mother, that will be the best thing. She's almost 60 and looks fantastic.
@Blackwatch Plaid My stepmom is 60, and it's the same damn thing. I have a male friend (mid-late 20's) who has a huge crush on her.
@Blackwatch Plaid My mom looks a little older than her age, but she's aged beautifully and is very sassy. Men a bit older than her constantly flirt with her and check for a wedding ring, to their inevitable disappointment.
@Blackwatch Plaid "My mother is nearing 55 (although she looks more like 35-40)"
But...don't your words actually validate the argument that you DO become invisible to men after age 50? I mean, think about what would happen if your mother looked like the "average" 50 year-old woman (whatever society thinks that looks like).
Did she just really accuse other women of disliking her because she's "hot?" That's not why they don't like you.
@Lisa Frank Don't hate me because I'm beautiful...
@Lisa Frank "Women don't like me because I'm hot" is the female version of "Women don't like me because I'm too nice."
@Lisa Frank I totally agree that it sounds like a bullshit excuse, and I definitely do cringe when I hear women say, "I don't have any women friends!" (especially when they are having lunch WITH ME, THEIR LADY FRIEND). But on the flip side, jealousy is a real thing, and I have had many experiences when ladies who I thought were my friends were really cruel and insulting to me for seemingly no reason. Seeing as I had trusted them, and was rather young, often I internalized their insults and cruelty in a harmful way. Later, after undergoing therapy, I approached a couple of former friends and asked why they had behaved that way, and explained how much it had hurt. Surprisingly, both explained that they were jealous of me and one even said she thought I was so confident it made her angry (hah!)
So, I see the "jealousy" thing as more of a symptom of the patriarchy pitting women against each other, being told to that distrust should be our natural reaction to another lady. Likely, this woman's perception might have been partially right in that some women might distrust her initially, but she is having that same reaction within herself by assuming their malevolence, if that makes sense.
@Lunargoddess Well, but I've had the jealousy thing from women too, and I am nowhere near conventionally "hot." It might be true that she's getting random sniping from insecure people, but she's assuming it's because they're jealous of her looks, when it could be any other reason, or no reason at all (i.e. that person is just jealous of everyone - those definitely exist.) There are some people who are threatened by all other women and will try to tear everyone down to the low level they believe themselves to be on, and it's totally unreasonable and insane and best to just avoid those people.
Recently I was talking to a middle aged actor I know. He had a really sad story about walking down a street a few years ago and realizing for the first time that he felt invisible. And how strange it is to still be attracted to women who would have paid attention to him 15 years ago, but to understand that he doesn't register on their radar anymore except as a kind of sexless older man.
Inge's Picnic has some really beautiful things to say on this subject.
Oh. Shit, #realtalk, I think about this all the time. Not because I am so mad hot, but because I have finally, through ceaseless and unstinting labor obtained exactly the muscle tone I want, and now I feel like "great! Let's take all the pictures and then wait for the ravages of age to erode everything anyway."
My grandmother told me when I was 13 I should be glad I wasn't beautiful. That I was nice enough looking and due to my round face, I'd look about the same most of my life, and I wouldn't have to watch my looks fade like all those pretty girls. Now I'm like truth, RIP Grandma! but man that stings at 13! She was attempting camaraderie as she considered herself average looking with a round face and yes, she DID look about the same from 20-60 or so. However she was not good at camaraderie in general so yeah, ouch. TRUE, but ouch.
@Ialdagorth She also told me that white pants were never not tacky, but jury's out on that one.
@Ialdagorth In my grandma's world, my cousin was "the pretty one" and I was "the smart one." My younger cousin was "the politically aware one" and my sister was "the frustrating one who wouldn't fit into easy stereotyping." We had an interesting extended family dynamic.
"Ass the size of a barn"? Come on.
Seriously, though, I actually do worry about this a lot. I'm 26, which I know is still young, but it's old enough to look at people at the start of their twenties and think "Fuck, I must have been that hot once. How did I not notice?" and take stock of how I look. And I can see that generally I'm still attractive, but I can also see where it's starting to fade, and I think oh god oh god oh god meeting people and making friends is so easy now! and I'm sure I'll still be able to meet people and make friends when I'm older, but a lot of my interactions are quite flirty, so will those stop working when no-one wants to shag me? Will people just think I'm a bit weird and desperate?
If I were with someone already, perhaps it wouldn't worry me because I'd know there was a person who thought I was lovely regardless of looks, but there ain't. And what if I stop being hot before meeting that person?
I'm 53, and trying to adjust to the way I look now. Not that I've ever been beautiful--more like on the attractive side of average-- but enough to get the kind of attention and perks that good looking women get. Even in my early 40's, I still looked (and felt) desirable. I was dating a younger man AND a younger woman. I even entered-- and won-- a strip contest at a sex club. And then suddenly it just all went away. At 45 I gained 30 pounds in a year and it didn't want to come off. At 48, my eyelids started to get all loose and droopy. At 50, vertical lines appeared on my top lip. My hair got so dry and brittle that I had to get it cut short. And voila, old lady. I have good things going on in my life and I'm not unhappy, but I've gotta say that getting older, physically, just totally blows. You think it won't happen to you. And then it does.
What! No one referenced "No longer a babe, but not an old bag"?
But I think that's my new aging motto.
Then when im 99+ it will be 'No longer a babe and finally and old bag.
Droopy eyelids! The worst. I have them.
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Moving to gay San Francisco, 20 years ago
The other: leftover flyers and stickers protesting then-governor Pete Wilson's heinous Prop 187, which would deny undocumented immigrants healthcare, education, and social services. Like many young queers, AIDS and the recent Gulf War had radicalized me, but I was too young and isolated to really find my protest voice. Here was evidence of the politically expressive, multicultural gay community I was yearning to join.
Though there were some rough times ahead, I soon found a loving family twirling on the floor at the EndUp, running off zines at Kinko's, protesting in the Mission, hustling the Polk, shelving books at Green Apple, singing along at the Fillmore, sleeping in Golden Gate Park. I said tragic goodbyes to a lot of friends, burned through a few bright loves, went to grad school, ran a bookstore, connected with my spiritual side, edited a famous gay dating site, wrote a book, got married.... Oh my god my life did become a Grateful Dead song after all.
Is this kind of life-defining SF experience available to young queers now? Those of us who lived through AIDS know, survivor guilt is very real. I feel it coming on now from being able to hold on so long in San Francisco. Everytime I hit up my Facebook or duck into a bar, I learn someone else, another vital spirit, is fleeing this hyper-expensive town for somewhere with a diversified job market that can support creative growth and personal exploration. When I see a young person arrive full of hope, even one with a job at Google, it's hard not to react cynically — up to a third of our homeless population is LGBT, and that includes hundreds of youth. Our arts and music scene is undergoing profound transformation, and the tech world has turned away from freaks and geeks toward slick Ivy League degrees.
But then I'll see someone post something that makes me cry with joy. "Fuck that noise about moving. I'm not giving up that easy, San Francisco. I still believe in you!" Right on, sister. We all need to fight for that dream.
Marke B. is the publisher of the Bay Guardian
Too bad you have not learned that cities changes and people evolve.
Lovely piece, Marke. While I grew up in San Mateo I knew by the time I was a teenager (1970s) that San Francisco was my *true* hometown that symbolized the adventure, mystery, glamor, excitement and boundless possibilities of a Gold Rush boom burg that was The Biggest Small Town in the World. I could write a thousand postcards to the Ess Eff that was, The City as we locals called with without pretense, but they would never reach the town I grew up by, because that town is lost with my youth — existing only in memories sweet and bittersweet.
Nice trip down memory lane, but as you note, San Francisco is a much different city today.
Sounds like the author is suggesting that being LGBT makes one predisposed to a career outside the tech world. Sounds like a pretty egregious stereotype. This bigot needs to check his privilege.
Marke writes using a river of cliches so wide you can't see the shore. And in the end he answers nothing and leaves the reader queasily unsatisfied, a similar feeling to like the one you get after finishing a bowl of maruchan ramen noodles.
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