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Home » Kelly Kelly » WWE NXT
Kelly Kelly
Real Name
Barbara Blank
Date of Birth
January 15, 1987
Place of Birth
Rumors have persisted over the last several months that Kevin Steen was set to sign a developmental contract with WWE. It looks to be official now, as the former ROH champion has posed for a picture with Triple H while wearing a WWE NXT shirt. The belief is that he will be focusing more on his weight and physique than actually training for the in ring stuff.
August 12, 2014
During a recent interview, Triple H revealed some interesting things about Bray Wyatt. He stated that WWE was on the verge of giving him a release a while back. HHH said he was able to convince management to let him work on a new character and test it out on WWE NXT. Things worked out rather well, and Wyatt was eventually promoted to the main roster.
August 7, 2014
In the previous generation, Sean Waltman was the benchmark when it comes to fans giving him heat because they legitimately resented the performer. It looks like Eva Marie is going to be taking that mantle now. During a recent appearance at a WWE NXT live event, the red haired diva was treated rather rudely by the audience. Things became even worse after she put on a very sub par performance as well.
July 19, 2014
Triple H might be downplaying his arrival to the developmental program, but Kenta Kobayashi is far from a regular new performer joining WWE. Internally, he is being viewed as a major marketing asset as the company is hoping to expand its reaches in Japan. A television network has already agreed to air WWE NXT since Kobayashi will be featured on those shows. The Japanese star is also set to help promote the WWE Network when it expands overseas.
July 17, 2014
Even though the mask has been designed and ordered, it looks like Tyson Kidd might not be doing that gimmick after all. Some were pushing for him to receive a new character and push on the main roster because of his long tenure with WWE. However, others are against the idea and want him to remain in WWE NXT to work with the developmental wrestlers.
June 12, 2014
Since 2011, Camacho has worked just one match on Smackdown. During that time, he was not utilized in a match on Monday Night Raw at all. He recently was sent down to WWE NXT to work as a veteran presence on those shows. Today, though, saw the end of his tenure with the company. WWE has given Camacho his release. His tag team partner Hunico still remains on the roster.
June 12, 2014
While his character quit WWE on Monday Night Raw this week, Batista is still very much working with the company. The former world heavyweight champion will still be making an appearance at a WWE NXT event later on this month. Afterwards, he is expected to take off for a couple of months to do promote Guardians of the Galaxy and film another movie.
June 4, 2014
During the latest WWE NXT show, an interesting injury was revealed. Adrian Neville had four teeth knocked out of his mouth during a backstage segment with Brodus Clay, who has been down in developmental for several months now. Neville had dental surgery to repair the teeth and now wears a mouth guard during matches to prevent further damage.
May 31, 2014
In a sign that she should be called up to the main roster in the near future, Ashley Flair has been given the WWE NXT Women's Championship. She defeated Natalya Neidhart to capture the belt. Management has long praised her athletic ability, and with her father, Ric Flair, coming back to Monday Night Raw soon, WWE could be looking to capitalize on that relationship.
May 30, 2014
"I was shown a package of things he's done and I was wondering if I could keep up in the ring with him. Once he gets here he'll not only already be established, but Superstars like myself will already have ideas in our head about things we can do with him. And that will make it that much better." - Dolph Ziggler praising WWE NXT developmental star Adrian Neville
May 30, 2014
"It's a fresh coat of paint, a whole new start and a way for the WWE Universe to see Tyson Kidd in a different light than they have for the first few years I've been on the main roster. I think they'll see a more complete package. I'm a constant work in progress, always working on every aspect to get better and better. You're always going to see a different Tyson Kidd. Not that I haven't been in the past, but I'm more motivated, focused and driven than ever before." - Tyson Kidd talking about his work with developmental wrestlers in WWE NXT
May 28, 2014
For those wondering about the status of Tyson Kidd within WWE, his new role has become a bit more clear within the company. Management likes having him work as an in ring trainer in developmental. The high flyer has been utilized in WWE NXT rather frequently. Triple H recently stated that he trusts Kidd in this role. Kidd might still be utilized on the main roster here and there, however.
May 28, 2014
During a conference call today, Triple H reminded everyone that there is a major difference between being on the main roster and being on the WWE NXT roster. The executive vice president stated that just because something works in developmental, it does not mean that it is guaranteed to work on Monday Night Raw and Smackdown.
May 28, 2014
"Thank you for the 'you still got it' chants. I'm not 50 years old, nor have I been out that long, but I do appreciate it." - Alex Riley discussing the reaction from WWE NXT fans during his recent return to the ring
May 26, 2014
One of the ideas that was being tossed around in WWE NXT was to have Natalya Neidhart and Ashley Flair working a high profile match against one another, where Bret Hart and Ric Flair would be in the respective corners of their relatives. However, WWE is unable to come to an agreement with Hart, so there are now rumors that Jim Neidhart could be contacted and utilized in the role.
May 26, 2014
Last month, there were rumors that Alex Riley was contemplating a return to the ring, and it looks like that might be true. Over the weekend, he worked a live event match for WWE NXT, where Riley worked a triple threat main event match against Kalisto and Viktor. A lot of eyes will be on Riley to see if he wrestles more and gets another chance at the main roster.
May 17, 2014
Things change pretty rapidly backstage in WWE, and that appears to be the case with the Adam Rose push. While he might still get his pay per view debut at Payback 2014 against Jack Swagger, there are those in management who feel that his television debut on Monday Night Raw was a flop. There are even rumors floating around that Rose could be sent back down to WWE NXT.
May 12, 2014
A peculiar scene took place at a WWE NXT live event this week. Yoshi Tatsu, who used to be an in ring performer on the main roster, worked as the announcer. While rumors have sprung up about a possible career change, the belief is that Tatsu is simply getting in some practice, as WWE plans on utilizing him on the upcoming tour of Japan.
May 10, 2014
In an interesting move, Jason Jordan and Baron Corbin are being brought in for Extreme Rules 2014 tonight. The two of them are also scheduled to be backstage at Monday Night Raw and Smackdown as well. There is a very good chance that the two WWE NXT performers will be used in some sort of role tonight, despite neither one of them being rumored for a main roster promotion.
May 4, 2014
It looks like Layla El will not be the next WWE NXT Women's Champion, as the longtime diva has been eliminated from the tournament to crown a new titleholder. She lost to Natalya Neidhart this week. Rather than allowing Paige to hold both this belt and the WWE Divas Championship, management opted to strip her of the title and hold a tournament.
May 2, 2014
It looks like Kelly Kelly will be the next one to do a wedding. The former WWE diva revealed that she is now engaged to her long time boyfriend. NHL star Sheldon Souray proposed to her, and she agreed to marry him. The chances of her making a return to WWE was extremely low before, and the marriage makes it even less likely now.
August 2, 2014
While there was a good amount of interest earlier in the year in her return, Kelly Kelly is said to no longer be in the discussion backstage in WWE. Rumors have that the company has now accepted the fact that she has no interest in returning full time to the company. Since leaving, Kelly has really been enjoying her life, routinely being spotted at night clubs and restaurants with her friends. She missed out on a lot of that while touring the world with WWE.
May 31, 2014
A picture of Maryse Ouellet having some dinner with Kelly Kelly. Despite not showing much skin here, the two of them look especially hot. The former WWE divas have maintained a friendship since leaving the company.
April 21, 2014
Earlier this week, it was revealed that Angelina Love, who recently made her return to TNA, is on the cast of an upcoming movie called Epidemic, which is a film about zombies taking over the earth after humans destroyed an asteroid with a big missile. Another person in the movie is Kelly Kelly, a former WWE diva.
April 17, 2014
A picture of Kelly Kelly in a sexy dress. It's black, form fitting, has some see through material and perfectly shows off the former WWE diva.
April 15, 2014
A picture of Kelly Kelly wearing lingerie and high heels. The former WWE diva looks incredible in a black bra and panties. It is a really hot look for her tan body.
April 14, 2014
A picture of Kelly Kelly showing her ass while wearing a bikini by the pool. As an added bonus, you not only get to glare at the former WWE diva, you also get a glimpse of her hot friend wearing a bikini as well.
April 9, 2014
A picture of Kelly Kelly, showing off her new hairstyle. The former WWE diva has dyed her hair back to blonde after doing brown and black for a bit.
April 1, 2014
As a girl that loves showing off her body, it should come as no surprise that Kelly Kelly has some pictures of her floating around the internet wearing just a thong. In this one photo shoot outside of WWE, she wears a sexy little pink thong on the beach. Kelly Kelly has a body that was designed to be on display at all times.
March 21, 2014
During a recent interview, Kelly Kelly was asked if she would be interested in making a WWE return, and she appeared to be a bit hesitant to do that. She revealed that she has started acting and is actually involved in a movie. The belief is that she walked away from WWE because she was burnt out by the hectic schedule that the company requires.
March 21, 2014
"He is great, he was very hands on and just helped out with everything. Every week on television he was there during rehearsals, he would help us, telling us exactly what he wanted from the matches. He wanted to be personable to everyone, he is a little intimidating at times as your boss but he was great!" - Kelly Kelly talks about how Vince McMahon is backstage
March 21, 2014
Rumors are swirling online that a nude photo of Kelly Kelly is in existence. Well, it turns out that it is simply a ruse, as the picture in question was heavily edited. Someone slap the head of the former WWE diva onto the body of a naked woman, believed to be an actual porn star. Kelly has never posed completely nude before.
March 8, 2014
Apparently, there is a new fad in fashion called the monokini, which is a single version of the bikini. Still rather sexy, but then again everything is going to look amazing when it is attached to the body of Kelly Kelly. In this picture, the former WWE diva poses seductively in the outfit while leaning on some rocks.
March 7, 2014
A new magazine called AQ, which stands for Athletes Quarterly, is being launched soon, and former WWE diva Kelly Kelly is featured on the cover. This sneak peek picture shows her as a stunning brunette now.
February 27, 2014
As expected, several current and former WWE stars were in attendance at the wedding of Miz and Maryse Ouellet this week. The confirmed attendees thus far include John Morrison, Dolph Ziggler, Zack Ryder and Kelly Kelly. A lot of the female performers were forced to miss the event since they were in Mexico, filming Total Divas.
February 22, 2014
Through Twitter, Kelly Kelly posted this amazing picture of her ass to let fans know that she is enjoying herself in the Bahamas, where she will be attending the wedding of Miz and Maryse Ouellet this upcoming weekend.
February 21, 2014
There are rumors floating around that Kelly Kelly is married, but those are false. She currently has a boyfriend and not a husband. The former WWE diva has been involved in a relationship with Sheldon Souray, a professional hockey player for the Anaheim Ducks. The two have yet to reveal a wedding date or plans to get married.
February 10, 2014
Now that she no longer has to live out of a suitcase and sleep in a different hotel room every night, Kelly Kelly has had a lot more free time. The former WWE diva was recently lounging out by the pool, so she decided to show a picture of her ass in a bikini to fans to her fans on Twitter. As evident by this picture, she has stayed in great shape.
February 9, 2014
While the company did pursue her not too long ago to make a return, Kelly Kelly does not appear interested in returning to WWE anytime soon. She is still involved with professional wrestling, doing sporadic appearances at conventions and independent wrestling shows, but she does not want to be a full time performer again.
February 7, 2014
Several former and current WWE stars are expected to attend the wedding of Maryse Ouellet and Miz this month in the Bahamas. One of those attendees should be Kelly Kelly, as she has kept a very close friendship with Maryse since both left the company.
February 6, 2014


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The streets of Marylhurst Drive and Midhill Circle in West Linn were filled with water on Thursday night after a driving mishap by a Walmart driver.
West Linn Sgt. Dave Kempas says the Walmart delivery truck struck a fire hydrant and dragged it 75 feet. The truck also drove through a yard causing damage.
The driver then drove another two to three miles before being stopped by police. The driver will be charged with reckless driving and hit-and-run.
Kempas says the driver is inexperienced and "may not have known" he struck the hydrant.
The water has been turned off and public works is attempting to repair the damage.
Copyright 2014 KPTV-KPDX Broadcasting Corporation. All rights reserved.

subset: commoncrawl


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Dad Hits Teacher With Baseball Bat After Inappropriate Texts Sent To Daughter [VIDEO]
A 15-year-old high school student received Inappropriate text messages from 42 year-old teacher and prompted dad to hit him with a baseball bat!
A 15-year-old high school student received Inappropriate text messages from 42 year-old teacher and prompted dad to hit him with a baseball bat!
The father and daughter lip-sync of Iggy Azalea's 'Fancy' has amazing written all over it! They nail it!
Talk about a miracle for the holidays. Watch as 15-year-old Ashley Stanley is heard by her 50 year-old deaf father for the first time. Ashley was preparing for her Christmas concert and hoping that her dad could hear her sing. Her dad was trying a new type of hearing aid, but wasn't sure if it would work. She is also required to wear a special microphone on her collar.
A 22-year-old Virginia woman performed a remarkable feat last Saturday when she reportedly lifted a car off her father who was pinned beneath, then saved his life with CPR.
More and more parents are using Facebook to spy on their kids, but one Ohio mother has taken it to the next level by using the social media site to shame her disrespectful daughter, and it's drawing some heated criticism.
We know death is a horrible event in a family, but since her mother's passing, Bobbi Kristina Brown has been out of control in the drug scene. No matter how much hurt you have from the passing of a loved one, you should never turn to the extreme drug and party scene....it can make for some bad publicity.
Sarah Burge, a 50-year-old British party planner and erotic novelist, has gained notoriety for spending close to $1 million on plastic surgery in an attempt to make herself into a human Barbie.
And Burge also has no problem passing her love of the surgeon's knife on to her 7-year-old daughter, Poppy, whom she just presented with a voucher for breast implants.
If you step out to grab bread and milk, leaving your 13 year old at home isn't that big of a deal. But leaving your 13 year old at home for a 7 day trip to Taiwan is probably not the best idea.
The headline to this story is wacky and will make anyones nose cringe. Though there is no scientific study proving that this actually "works" but 25yr old Soni Ortiz-Allen-who has already lost her mother to cancer-is doing whatever it takes to help her father beat the illness. Suprisingly, this isn't the only instance of daughter to father breastfeeding. Sonia found the tip by searching
Facebook is an amazing thing. Not only can you keep track of what your friends are eating and what useless quotes are floating through their minds, it's also popular when overthrowing a government. One Egyptian had so much praise for Facebook that he decided to do something special in honor of the social media site.


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Some reassuring results from US bluechips including Morgan Stanley and Goldman Sachs helped underpin investor confidence closer to home as trading wound down ahead of the long Easter holiday weekend.
Fund Fund manager Schroders and Barclays, up 4.2 per cent at 2,559p and 3.8 per cent at 246.5p respectively, led the gains among UK financials.
The benchmark FTSE 100 Index closed up 41.08 points at 6,625.25 ahead of the Easter break, with the London market closed both tomorrow and Monday. It marks the highest close since 10 April.
Chris Beauchamp, market analyst at IG, said: "Even with a mid-week wobble, London's leading index is up for the week and back above 6,600, a fact that will please the optimists.
"Economic data has not set the world on fire today, but pre-Easter tidying up among investors has seen a boost in popularity for some of the more badly-hit companies."
The FTSE 100, which rose 14.4 per cent last year, is down by about 2 per cent since the start of 2014.
The index reached a peak of 6,867 in January, around its highest levels since early 2000, but has since dropped on concerns over a slump in emerging markets and fears over fallout from tensions between Russia and Western powers over Ukraine.
RSA Insurance climbed 2.3 per cent to 94.7p today after selling operations in the Baltics and Poland for a total of €348 million (£286m), the latest step by chief executive and ex-RBS boss Stephen Hester to turn the insurer around.
A drop in spirits group Diageo limited the Footsie's gains. Its shares fell 3.7 per cent to 1,829p after weakness in its Chinese market led to lower third-quarter sales.
Babcock International slumped 11.6 per cent to 1,216p in the wake of its recent rights issue.


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Stuck in the Past by Glenn Jones is $17.50 for a limited time at Glennz Tees
Hot Wheels to the Future by victorsbeard is available at TeePublic
(Source: shirtoid)
Get Your Own Hover Board! by Anna-Maria Jung is available at TeePublic
I Want To Believe is available at SnorgTees
Back to the Sewers by Jimiyo is available at NeatoShop
Great Scott! by Coinbox Tees is available at NeatoShop
Back to the Adventure by TopNotchy is $13.95 for a limited time at Snappy Kid
Make Like A Tree… by Mephias is available at TeePublic
Frak to the Future by cubik is $12 for a limited time at Once Upon A Tee


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DETROIT PROUD: Melina Marie
CBS 62 got the chance to speak with Melina Marie to find out what moves her, why she writes music, and what she's up to now!
DETROIT PROUD: Dale Earnhardt Jr. Jr.
Deciding to shine a Detroit Proud spotlight on Dale Earnhardt Jr. Jr. was a no-brainer. The duo, comprised of Metro Detroit natives Joshua Epstein and Daniel Zott, have achieved national acclaim, yet still stay true to their roots right here in the D. In fact, a recent viral video features Josh and Daniel listing "Reasons Why Detroit Is Awesome" – which WE think is pretty…well…awesome.
The Sights Release Compilation of Tour Diaries from Their Tour with Tenacious D
The Detroit band, The Sights, is set to release their compilation of tour diaries from their US and European tour with fun-time rockers Tenacious D. The 270-page tour diary was written by the front man of The Sights, Eddie Baranek.
DETROIT PROUD: Scott Allen
"We all have real jobs now and do the 'grown-up' thing, but this is my way to break free from that – we just love music." You may remember the name Scott Allen from the band Thunderbirds Are Now! – the Metro Detroit band that made a name for themselves in the early 2000s, signing with French Kiss Records and touring throughout Europe, America, and parts of Australia at a very young age.
21 bands, 3 stages, and 1 great cause: S'Mittenfest – Detroit's Newest Summer Tradition
Mittenfest fans, listen up: this year, the annual tradition that celebrates music, culture, and generates money for good cause has a new edition to the festivities: S'Mittenfest. The kickoff for the newest Detroit summer tradition will be headlined with 21 bands – 20 of which are from Michigan and 1 from Ohio – and all proceeds will go to help fund the non-profit organization 826 Michigan. Mittenfest, 826 Michigan's winter festival, has been a successful 7-year running tradition in Detroit and has managed to raise over $75,000 in support of its free programs for school aged children.
DETROIT PROUD: Jet Rodriguez
"The fact that it's got such a great history makes me want to be a part of it, in some small way. It may never ever work out that way, but when it's all said and done, I would like to have in some way made a fingerprint on the culture of this city, and the attitude toward it. It also holds us to a certain standard musically." Those are the words of Cameron Navetta, acoustic guitar and vocals for the Detroit band Jet Rodriguez, speaking of Detroit's renowned music scene.
Detroit Proud Playlist: Week of July 8
Welcome to the first of many, Detroit-inspired playlists. Each week we are digging through all of the talent in local and well-known Detroit musicians to put together a mix of Detroit style, Detroit groove, and Detroit rock – with everything from the beloved classic hits to the local numbers you hear at our own Metro Detroit venues.
DETROIT PROUD: Frank Woodman
Frank Woodman was born and raised in New Haven, Connecticut – but today, he calls himself "Detroit Proud." Frank moved to Metro Detroit in 1976 with his mother. He remembers getting off the train at the glorious Michigan Central train station in Corktown waiting for his grandmother to pick them up. "I always try to imagine the hustle and bustle of travelers back in the day," says Frank.
CBS 62's Guide to Metro Detroit's Record Stores
Metro Detroit has a long list of history-rich, legendary record stores. With all of the choices to choose from, it's nearly impossible to visit each one. CBS 62 has put together the ultimate list of where to find that 1956 jazz vinyl you've been searching for, or that 1987 cassette tape that you absolutely need to complete your collection.
"Concert of Colors" Celebrates 21 Years Of Metro-Detroit's Cultural Diversity
Started back in 1993, Concert of Colors was a modest, single day event with the simple goal of bringing the diversity of metro-Detroiters together through music from around the world. Today, it has become a part of the summertime traditions here in Detroit, with 2013 marking its 21st year. This year the concert series with travel to multiple venues in Midtown Detroit over 4 days, still with the same goal of celebrating the wealth of global diversity that fills metro-Detroit through music.


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Calvin Harris dumped Rita Ora over secret LA visit
Calvin Harris reportedly dumped Rita Ora after learning she had made a secret trip to Los Angeles and even hid in a hotel room to avoid him knowing she was in the city.
Calvin Harris dumped Rita Ora after he learned she had made a secret visit to Los Angeles.
The 30-year-old DJ - who announced earlier this month he had ended his year-long relationship with the 'I Will Never Let You Down' star - reportedly felt the singer was being too vague about her whereabouts after they flew into the US for separate visits at the same time, and Calvin was left furious when he coincidentally used the same driver as his then-girlfriend.
A source told The Sun newspaper: ''It all ended when the driver suggested to Calvin that he had taken Rita to a hotel two days earlier instead of driving her to stay with him.''
The 'Acceptable in the 80s' hitmaker was said to be suspicious that Rita had even hidden in her make-up artist's hotel room for the day to avoid being photographed in public, which would have alerted Calvin to her presence.
It was recently claimed that Calvin announced news of the split on Twitter before he even told Rita, 23, herself.
A source said: ''Rita was left embarrassed when he tweeted that it was all over.
''She didn't think he was going to make the announcement, so she was shocked.''
entertainment videos
When you are Kanye West and Kim Kardashian you don't stay in one place for too long. The hottest celebrity couple jetted out of LA with their baby Nori... More When you are Kanye West and Kim Kardashian you don't stay in one place for too long. The hottest celebrity couple jetted out of LA with their baby Nori just days after Kanye went on another rant at the Made in America Festival.
Date 31 mins ago, Duration 1:05, Views 0
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Sour Blue Raspberry Soda Pop Cola Bottles - 1 Lb. Bag$9.96
Sour Blue Raspberry Soda Pop Cola BottlesLearn More
Yummy Sour Blue Soda Cola Bottles
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Added Oct 19, 2013
by ShanniLoves
Decker, Indiana,...
I used Lekala patterns to make this little black dress. The black is a cotton sateen from Mood and the contrasting white is a sheer print of flowers lined with black lining to make the flowers pop. Read about the dress construction & see more pics on my blog ShanniLoves
Oct 21, 2013, 04.13 AMby rainy63
Lovely Dress. Hope you enjoy wearing it.
Oct 20, 2013, 10.22 AMby cris orange
Lovely dress, much better with the white contrast as a normal LBD!
Oct 20, 2013, 01.36 AMby kisses
Nice dress and I like the contrast
Oct 20, 2013, 12.58 AMby Mary Athey
The dress is gorgeous . The added white on the bottom is fab x
Oct 19, 2013, 10.04 PMby Ellen Hatteland
Fabulous dress! Love it :-)
Oct 19, 2013, 09.38 PMby Rosemarysclothes
I love the fabric contrast. Its has turned a good dress into an absolutely fabulous dress. Great job.
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Book your room at Super 8 Golden
Please enter your travel dates.
Collect 200 points.*
Simply enter your Nectar card number on the confirmation page. Your points will be credited 30 days after your trip is complete. *Offers may apply
Welcome to the Super 8 in Golden conveniently located at the junction of Trans Canada highway and highway 95. We are located near restaurants, shopping and area attractions. All rooms offer free wireless high speed internet and fridges. We offer an indoor hot tub and a SuperStart breakfast in the morning. See you along the way.Information missing or incorrect? Tell us!
Super 8 Golden
At your hotel
24 Hour Front Desk, Jacuzzi, Ice Machine, Outdoor Parking, Bus Parking, Recreational Vehicle Parking, Pets Allowed, Parking, Complimentary Continental Breakfast, Air Conditioned, Handicapped Rooms/Facilities, Coffee Maker in Room, High speed internet access, AM/FM Alarm Clock, Microwave, Free Local Telephone Calls, Refrigerator, TV Remote Control, Desk with lamp, Wireless Internet Access,
- 24-hour front desk
- Number of floors - 2
- Spa tub
In your room
- Air conditioning
- Free local calls
- Microwave
- Refrigerator
- Coffee/tea maker
- Accessible path of travel
The fine print for Super 8 Golden
When you arrive
Check-in time starts at 15:00:00
When you leave
Check-out time is 11:00:00
How you can pay
Accepted at this hotel: American Express, MasterCard, Visa
Your pets
Pets allowed
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Indicative rates for search purposes only; check for specific rate when making a reservation.


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On 27/10/2011 I had a representative from The Community Network Australia Digital Advertising Network drop in to sell me one of their video ad packages. Basically they create a video ad that appears on screens in places like gymnasiums and doctors' surgeries throughout the day.
My experience was that in just under 2 years, paying $136/mth I didn't have any leads or new customers. Apparently I'm not the only one who had that experience.
So I checked the contract and the period was 2 years – from 27/10/2011 to 27/10/2013. I called (sep 2013) and said I wanted to cancel my contract – thinking that I would be cancelling before the contract renewed for another year. The receptionist said I would need to speak to Jodi but she was on a break and a message would be given to her so she could call me. She didn't call.
I rang again the next day and this time she was 'on the phone'. I was again told she would be given a message to call me. I said 'okay – make sure she does though as she didn't call when I left a message yesterday'. She didn't call.
The following Monday I called a third time. Same story – you need to talk to Jodi but she's on the phone. I said if she doesn't call within an hour I'll be calling my bank to tell them that Community Network won't allow me to cancel and I will stop payments. About an hour later I received a call.
Jodi informed me that yes, I could cancel, but the balance owing on my 'contract' was $3110.24. She then informed me that I had initialled the clause at the bottom of the contract that says:
"I fully understand that this is an automatically renewable advertising services agreement as per clause 9 of the terms and conditions & not the sale of goods."
I agreed that I did initial that clause.
I then looked at clause 9 and it says (difficult to read – in very tiny print):
"If the advertiser does not wish for the Services to continue after the expiry of the initial advertising period the advertiser must serve notice in writing by registered mail to that effect to the company no later than 12 months after the date on the agreement failing which this agreement will become a 12 month rolling contract at the same yearly value as overleaf plus artwork/production charge which may only be terminated by either party upon 12 months written notice which must be given to the party in accordance with clause 16 and which must be expressed to expire on either the date 12 months after the last day of the initial advertising period or any anniversary of the date 12 months after the last day of the initial advertising period."
Clause 16 says:
"No notice to the company will be binding,valid or effective unless sent by registered mail to the company's registered office…"
First Important Point
I should have been WAY more careful reading the contract before I signed it. I'm sure their representative pointed out that the contact would renew after the initial period. I'm also 100% sure he DID NOT point out that the only way I could cancel was in writing, by registered mail, AT LEAST ONE FULL YEAR before I actually wanted to cancel.
Second Important Point
This contract locks customers into purchasing additional advertising that they do not need or want by imposing a ridiculous cancellation requirement. Think about it – must cancel 12 months before the anniversary – so if I were to cancel in November 2013, Community Network will 'renew' the contract for the 2014-2015 period, so the cancellation will not take effect until October 2015.
In Summary
Overall I found this advertising to be completely ineffective and, due to their contract terms, much more expensive than I ever envisaged. I know I'm not the only person who finds this type of contract grossly unfair to the customer.
After my initial contact with these people I received an email with the outline of what I signed up for and what my obligations are.
Oct 27 2011 – signed for two years until Oct 27 2013 – cost $3500.20. Because I didn't cancel by Oct 27 2012 (a year before the initial contract ended) my agreement was automatically extended to Oct 27 2014 and an additional $1750.10 was added to my bill.
They also indicated that they would accept my email as a notification that I do not want to renew. How magnanimous!
So now the agreement will end on Oct 27 2014 but in order to pay this out at the current monthly rate I will be paying for a further 21 months.
35 Comments
I have just discovered I have exactly the same problem.
I gave what I thought was 6 months notice to cancel my account… only to be told that my contract was to continue another 18 months after I advised cancellation!
Thanks for the heads up! Was contacted by this company to advertise at a local hospital, after agreeing to see the sales rep for a presentation I was contacted again to say that the decision to advertise with them required a Yes/No immediately after the presentation. This definitely got me suspicious and after a quick search I found this site and a few others. Checked out their contract and yep, auto-renew and a 12 month cancellation. So Thank you for saving me thousands of dollars and a whole lot of legal wrangling!
Same story here. I never provided them the artowork or anything but they started to charge me invoices everything and told them to cancel my contract but instead of cancelling, they started to send me letters saying you are signed for 2 years contract. The sales rep named Rohit Aggarwal who signed me up for this contract said i can do it for 3 months only.
And in this month once i told them again to cancel my contract, they referred my business to Debt collecting agency for recovery?
What kind of justice system is this?
Who to complain?
Where to go?
This company has clipped us as well– My solicitor advised me that they seem to have structured their whole client engagement operation on carefully managed (legal?)steps designed to capture the unwary.
If you tell them to stop they just ignore you– hidden clause — if you don't approve the advert layout they can go ahead or you want to terminate they can go ahead regardless — first we knew was when we saw an ad that we knew nothing about advertising our business– crappiest thing you ever saw but they are charging us for it — needless to say not one customer from the ad either.
To All…
We are from Cairns Qld. By tomorrow we are ready to complaints in QCAT. because of the same reasons dirty structure of the company…Kindly lets us know if you are interested to complaints also againts this dirty company..
Thank you..
Hi rfoody and others,
I'm having the same issues and would be willing to support a joint action against this company. I have already contacted a lawyer and the ACCC. with enough numbers a lawyer would be prepared to take this on. I stopped making payment s to this company nearly 1 year ago and have recieved a notice from their debt collectors which I am not complying with. Please reply your thoughts …Andrew
I also have been conned into signing with this company. My husband is getting in touch with ACCC tomorrow to see what can be done. Please keep us informed of any developments. I would be more then happy to add to your numbers for a lawyer to do so ething about this company.
please put any feed back up on this wall. It would be good to see this company and its deceitful practice against honest business stopped
Great Andrew i'm on board… I am having exact same issue, i have lodges with the fair trading swell..
Another disgruntled business owner due to shabby treatment and performance. Please contact me if you go ahead with any action. I'm in.
Just wanting to know who to contact I would be interested to join and I know of a couple of other local business who also may be interested
Hi – I have just been tricked into signing a contract as well… Have you had any legal luck?
I also got burned by this company. The sales rep told me that if I signed the contract, I was guaranteed to be the only business for my industry at the medical centre I was advertising at. This was the only reason I signed.
After my advertisement was published, I saw that there were other businesses in my industry advertising at the centre.
I was lied to by the sales rep. Checking the fine print (clause 7) confirms that, yes, the sales rep will lie to you and cnet will not honour the rep's promises.
They also rip off the telesales crew working there. I am still owed $1000 in commission from these pricks from Northern England. I only did a couple of weeks with them, but I had a lot of feedback from business owners about The Community Network Australia while working the phones. It wasn't pretty!
same as everyone else, 12 months in advance and the fine print says it will now be 2 more years coz I was a week late or some bullshit
We too have been embarrassingly sucked in to this company. I will be 'in time' to cancel the contract from going into another two years, but can you send a registered letter to a post office address? Where do you find the address to send the registered letter to? I have found the whole process so stressful, and like so many others the 'approved' advert didn't make the light of day, only the poor development they had done themselves. This misrepresents our business with incorrect and misleading information, not to mention putting up our home address IN the advert!!!
There address is in small print on the inside, very bottom of your org document that you sign with the sales rep
es i had my advert put up with the wrong business name and without my approval… they have answers for everything but i tried to cancel a year ago and they did not do it..
Unfortunately another sucker to add to the list. We've only just asked for our agreement to be cancelled and refunded today after signing 2 months ago. But now having read about these other experiences I don't have very high hopes that anything will come of it. We haven't actually approved a design yet, its very hard to get through and speak to anyone in person at this company, they don't respond to phone messages or emails. The only thing they made sure of was that our account was charged immediately and then they seem to have disappeared.
yes agree with all of the above. They are also plying their scam in Victoria. I am asking for a copy of the original contract as i believe it is different to the copy i was given and excluded item i had the rep add.this would be a good forum that i will be saving and if a class action to stop these people is required then so be it.
I am having the same problem, i was told by the rep my salon would be the only salon on there and so on which was a lie… am in the process of taking this to Fair trading as i tried to cancel this contrat last year but they seemed to not listen and a lady yelled at me… It is a lot of money, Had adds put up without my approval… DO not Advertise with th C- Network
I have the same problem with this people. My wife was conned in signing the contract promising were the only business of that type to be advertised which is not true. We tried to cancel but were told that it's not possible and we have to pay the remaining months. $ 194 a month for 2 years and not one patient came to our surgery saying they saw the add from that screen !!! Totally ineffetive !!! they are scammers .
I am another who got sucked into this [should have known better]. Took 3 months before I even saw my add, hideous as it was, would not accept it, took another 2 months before that was fixed, never even spoke to my assigned graphic artist, [which in their contract says I would have 1]. The hospital is not running adds as the system is down [a very long time]. Still have no idea if it's running anywhere, over $2000 down the drain. Signed up in Nov.2013, have a hugh reminder to cancel which I an going to do in October and in November 2014 to cover all the basis, by registered mail, phone and email. Non responsive in all aspects. Want to see this company come undone big time.
I to had a long and painless experience with these scammers. We were never ever told about the rolling contracts. Very hard to contact when I wanted to complain!! very quick to take my money. Bottom line – cancel all payments, let them threaten you as they did me. I took legal advice. never heard another word from them.
Yep, another small family business owner sucked in here :-(. Would love to join in any legal/official action against this reprehensible outfit. $3500 total waste of money. Was promised the advert location we wanted and then months later said they couldn't deliver it and placed us at their discretion at another much inferior location. Tried to get out of contract or reduce it but no way. This company is a disgrace. There must be something we can do – if its too late for us then at least for future victims.
Do as I did. stop paying them. they will make many threats and even give u a bad credit rating, which is what they did to me. I have spoken to other local business owners who were also "sucked in" and all stopped all payments. They have not met their commitments.
Having worked for this company I can assure you once they have you signature on a contract they couldnt care less about you. This is because they know once youre signed up they have a water tight contract. Sales reps are also told to say whatever they have to to get people to sign. The reason yiu cannot speak to the actual creator of the ad is they outsource to the Philippines for art design and content creation. Again to maximise profits for themselves. Another example of how little regard they have for their clientele. Don't sign with this excuse of a company, much better of doing a mail drop in your local area.
Just received the debt collection letter from "business to business recoveries"
I emailed them to cancel, soon after signing the contract as I read some of the fine print.
Of course they never replied to anything and I had to cancel the credit card to stop the charges by this company and another similar one.
Someone mentioned that it isn't possible to send a registered letter to a PO Box anyway. Is that true?
Anyone know how far the debt recovery people push things? I have heard that if you have a reasonable argument and you hold your ground, they will eventually give up and try to find easier prey?
Add our company on the list of victims. We were aware of the clause but missed notifying them by weeks and now we are being told are up for another $3520.88 and no explanation or justification on what is stopping them ending the service earlier.
Certainly not interested in repeat business or referrals.
Our business is based in SA; Can someone advise what is the best QLD department or other avenue I can go to add my support behind ending such bad business behaviour.
Wish I'd googled them before signing up 18 months ago. Over $2500 to get out now.
Yes I'm up for $4,800… What can we do this is crazy!
Make them fight for every cent.
HI Guys,
Please add me to the ACCC as I have been done just like everyone else.
unfortunately i also got sucked in by the pushy salesman he was deceitful and told me i would not get charged until the ad was made. to this it has been 4 weeks and still no ad
I have received the following advice: on the contract, and it is deemed a 'binding' contract – i.e. – bound to payment on signature.
Having said that, I have also been advised that given the nature of treatment by the supplier thus far, there may be grounds for termination and damages due to their 'lack of contractual fulfilment'.
We are able to pursue this angle if you wish, however legal fees would mount fast. If you win the case, the supplier will be liable, however you will be liable for theirs if the case isn't won.
I have learnt my lesson… do not sign anything on the spot without carefully reading the contract especially if a pushy salesman walks through the door…
I am kicking myself now after reading these comments. I only signed up a month ago and I sent the artwork 2 days after signing up. I haven't heard from them at all. I have tried calling the rep but he didn't answer his phone. The company has taken my money but that is it no contact at all. I'm starting to worry.


text:
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Hops(2) Double IPA - Harvest Moon Brewery & Cafe
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Ratings: 22 | Reviews: 20 | Display Reviews Only:
Reviews by johlendorf:
New Jersey
4.05/5 rDev -3.3%
Growler fresh from the pub.
A = Pale yellow. Basically no head, lacing, or carbonation.
S = Sort of a smokey, brassy maltiness. Then the hops come through strong.
T = A little malty for an IPA. Serious smokey malts followed by a nice strong does of crazy piney hops.
M = Clean and crisp. The hops dominate everything.
D = Had a pint at the pub and picked up a growler for the road. Strong but drinkable for the style and ABV.
If you're ever in New Brunswick, check out the Harvest Moon.
Edit: It only worked out to a B+, but this is my favorite fresh beer and brew pub in the area.
02-25-2009 02:23:33 | More by johlendorf
More User Reviews:
New York
4.22/5 rDev +0.7%
on tap at the Hop devil grill in NYC as part of their "Massively Hopped beer fest" This one poured lightish amber, with a near white head, that left stringy lacing. Grainy and floral hop nose, rich and chewy brew, waves of hops, lots of hopy, grainy, with some resiny notes. Tasty and highly drinkable DIPA. Love the style, this one was not a home run in my mind, more of a solid two base hit. Go get some and enjoy
03-20-2007 00:27:14 | More by Billolick
North Carolina
3.8/5 rDev -9.3%
Purchased today in a growler from the brewery. Poured into pint glass. The beer is straw colored and hazy. Short head formed leaving very small amount of lacing as it subsided.
Smell is dominated by citrusy and piney hops. Some earthy or grassy notes also.
Taste is very hoppy. Grapefruit and citrus tastes dominate. Very sweet malt taste. The hops hang around in a strong aftertaste.
Mouthfeel is medium to heavy with not much carbonation. A tasty IPA overall.
03-22-2009 01:50:57 | More by KOPBeerDrinker
New Jersey
4.28/5 rDev +2.1%
Serving size American pint self poured from a growler.
A - Suprisingly clear for a double IPA. Nice golden color. Almost no visible carbonation. Thin but hearty head that disappears quickly.
S - Citrus swirled with pine and a hint of floral.
T - Hops and more hops, and in the best possible way. It swirls with the pine and a nice citrus joins in for the finish. Smooth, with only a hint of bitterness at the end to remind you what you're drinking.
M - Clean and crisp. Little residue but you know you've been drinking an IPA.
D - For the ABV%, it is entirely too drinkable(at least to me). Goes down extremely smooth for a double IPA.
The Harvest Moon has good beer, and this is my favorite. As an IPA fan, this is right up my alley, but might not be recommended for someone used to a lighter beer, especially at 8%. If you like IPA's, I would definitely recommend the Moon's Double IPA if you're ever in the New Brunswick area.
02-20-2009 03:14:12 | More by reiger
New Jersey
4.33/5 rDev +3.3%
On tap @ the Brewery 03-26-09
Pours a light hazy yellow, my friend ordered Hefeweizen and I actually thought it was the DIPA based on appearance. The smell was a grapefruit, citrus bomb. This was a really well done DIPA, with a great hop attack and balance of malt and hops. Goes down pretty smooth w/o noticing the 8% alcohol. I've found that most brewpubs miss the mark when making a DIPA, but Harvest Moon really has a winner here. Highly recommended
03-30-2009 18:33:34 | More by bonbini26
South Carolina
4.38/5 rDev +4.5%
Mucho Gracis to barleywinebrewer for the Growler...
Trying to find the words for this....HOPS!!
This is truly a hop bomb if I have ever had one. Deep cloudy orange with a decent head laced down the glass. You could smell this before it was opened!! Thick, and I mean thick pine just fills the air(myy wife could smell it in the hallway!) Taste was Hop Heaven. Citrus and piney all the way, taste like a xmas tree,LOL..Does have a fine malt back in there once you let it sit. Don't know the alcohol on this one, but its very well hidden. This was a very nice DIPA, and truly represents the style well. If I ever get back to my home state I will search this out on tap!
12-20-2006 00:45:02 | More by mikesgroove
New Jersey
3.88/5 rDev -7.4%
Pours a nice cloudy orange colour with a foamy white head that is surprisingly not that sticky and dissolves to a thinner than expected lace.
The aroma is a blast of citrusy, somewhat piney hops that is quickly balanced with a dirty, earthy malt smell.
The flavour is more of the same. Hops hit you up front with a blast of citrus/grapefruit, etc flavour that, like the aroma, quickly mixes with a dirtiness that's not so much rugged as it is, well, dirty. Virtually no alcohol presence here either. The finish has a nice tough bitterness to it. Mouthfeel is medium bodied and slick, with some biting oily notes to it.
This was a tasty Double IPA that was bold yet not over the top, and enjoyable all around for the most part.
06-27-2007 19:54:35 | More by SixpointJMH
New York
4.38/5 rDev +4.5%
Poured a bright cloudy deep straw hue with a half finger foamy white head. There was good retention and decent lacing.
The smell featured a complex arrangement of noble and citrus hop. Orange pervades.
The taste consisted of a heavy sweet hop with a secondary grainy malt. Good residual bitterness.
The mouthfeel was average for the style - full.
Overall a very good double IPA. Recommended.
04-19-2008 20:22:37 | More by plaid75
New Hampshire
4.3/5 rDev +2.6%
At the bar I was pondering the various choices. I thought what the heck, I'll try this beer. I'm very glad I did. This is a very good beer indeed.
A - slightly cloudy orange. Large frothy white head.
S - Hops, hops and more hops. The trick though is it's nicely balanced with a light underlying malt profile.
T - is it possible to say stronger than fresh hops? I like how this is nicely balanced with a complimentary malt base and finely interwoven hops. citric, grapefruit washing over tasty malt. Yum!
M - medium / light in body.
D - went down really easy and nice! Yeah, it's quaffable and dangerously sessionable if you like hops.
I had this with a quesadilla and found it was a perfect match. I left very satisfied with my experience and ready to come back again.
12-13-2006 15:24:52 | More by barleywinebrewer
4.3/5 rDev +2.6%
Pours very cloudy golden with a foamy white head that descends to a thin cover.
The smell is of citrus and apricot with some pine. It's a nice, hoppy aroma.
The taste is of citrus and apricot. Bitter with balancing sweet graininess in the back. Alcohol well-covered at first, but comes through with a kick in the bitter (but balanced) finish.
Medium to full bodied, it is pretty chewy.
A nice DIPA - hoppy (citric, piney) with a nice apricot-like fruitiness that lends it some uniqueness. Enough malt in the back to hold the hops together. Recommended!
10-14-2007 15:19:57 | More by jwc215
New Jersey
4.25/5 rDev +1.4%
Revisited the review after having again, so much better in this batch it was ridiculous.
A: Pale but a bit of musty color to it. Fitting head that stayed throughout the drink
S: Pure citrus hops overpower everything else. Exceedingly strong. Could literally feel the aroma of the bitterness.
T: Bitter hops, and more bitter hops. That was literally all I tasted, just seemed to load on the hops without any other tastes to it. This batch was terrific.
M: Medium IPA mouthfeel, some carbonation.
D: Never thought there could be overly citrus hops but this was it in the batch. Just too much bitterness here but the alcohol is very hidden which is always a nice touch.
11-28-2007 00:53:49 | More by marcpal
New Jersey
4.13/5 rDev -1.4%
Appearance: hazy dark yellow in color with a 1" head that flass apart quickly.
Smell: grapefruit, lemon, and some soft pine is detectable.
Taste: this beer is a bit maltier than others which is a nice change. Carmel sweetness, grapefruit, and pine are the main flavors. The bitterness does not blow the tastebuds out of the water but are hearty enough to balance out the malt profile. Alcohol is not noticeable at all.
Mouthfeel: medium bodied. Lightly crisp throughout. Some dryness arrives late. Aftertaste is long as the bitterenss lingers softly on the tongue.
Drinkability: this beer is very drinkable for the style since your tastebuds remain intact after the pint. Must have if available.
05-06-2009 11:36:08 | More by Gavage
New Jersey
3.65/5 rDev -12.9%
A - hazy light body with nice head which leaves lacing.
S -big grapefruit aroma.
T - big hop flavor and moderate bite. Grapefruit, slight pine. Dry, low in caramel malts, showcases hops.
M/D - thinish body that ends sticky and dry. Good brew but not the best ipa.
04-16-2010 22:57:02 | More by magnj
New York
4.25/5 rDev +1.4%
03-21-2013 21:32:47 | More by eabarth
New Jersey
4.88/5 rDev +16.5%
16 ounce shaker pint glass enjoyed with dinner.
This is an amzing DIPA (I'm talking up there with the best I've ever tried (DFH Great divide Stone etc) on tap at a great restaurant brewpub. A pleasant surprise.
A - A beautiful color, the beer looked the color of caramel. A nice sized head of white foam sat atop the pint.
S - A great floral hops smell with some pineyness as well. Also a bit of a fruity kick in there. Very strong smell that makes you want to start sipping immediately.
T - Hits the spot huge. A nice hop rush with some seriously well balanced malt sweetness. Fruity notes clunk heads with some nice bitterness and citsury hop taste.
M - A great coating mouthfeel. The sticky feeling backed up the fruitiness well.
D - Excellent. Very interesting DIPA whose bal;ance leaves you wanting lots more.
07-01-2006 01:19:27 | More by EStreet20
New Jersey
4.47/5 rDev +6.7%
One of my favorites from harvest moon...since its down the street its the best deal on Rutgers Campus. I've drank this many times so i feel like its finally time to review it.
Has an orange golden appearance with a light head, not much lacing down the glass and not much of a head.
Smells like you'd expect, hoppy piney delicious and mouthwater
Tastes follows smell. Crisp and refreshing and a wonderful IPA
Mouthfeel is medium bodied and just right. Carbonation is great also.
Drinkablility, well i have a half gallon to myself and it wont be a problem to finish tonight.
Overall one of my favorites from harvest moon. The place is very much a hit or miss and this is a solid brew
04-17-2010 23:32:41 | More by bs870621345
3.85/5 rDev -8.1%
This brew poured out as a nice looking golden color with a minimal haze to it. The head was fluffy and pure white. The lacing was sticky and held a good retention. The smell of the beer was of citrusy fruits and hints of pine, really quite a nice nose on this beer. The taste of the the beer was also pretty good, hits with a nice sweetness in the beginning and finished with a tingle of bitterness in the back of the tounge. The mouthfeel was pretty light and had a good caronation to it. Overall this beer was pretty good, I can't find too much to dislike about it.
12-29-2011 05:01:17 | More by Knapp85
New Hampshire
3.93/5 rDev -6.2%
This was bier #1 for me during a lucnh-stop here on 16APR10 with Caitlin. Served a pint of this, which I believe was $5.00.
This one's a bright golden color, with a little haziness. A frothy, creamy, white head is present, maintaining a good layer and leaving excellent stick. Citrus hits the nostrils right off, with some sweetness like apricot, too. Medium bodied, it was also quite easy over the tongue; solid mouthfeel.
Decent malts are present, being lightly sweet. Hops are solid, and then more solid. There's some rind here and lots of citrus; a bit of grapefruit but more apricot, overall. A touch dry, the hops are tasty but leave the palate all too soon. I found this one quite well-made and drinkable. Prosit!
04-19-2010 20:32:02 | More by Bierman9
4.45/5 rDev +6.2%
I was able to get this on at Harvest Moon on 2/2/2008. They poured it into an American pint glass. The beer was a beautiful tangerine colored beer that had a 1 1/2 inch head of white foam. After about 2 minutes, the head of foam dissiapted into a small white film, foamy white rings along the edge, and a few streaks of white lace around the glass. It had a mild dry aroma of citrus fruits, citrus hops, a huge helping of grapefruit, and few pine needles in the background. It had a big dry taste of citrus hops, citrus fruits, more grapefuit, pine, and then it ended with a subtle taste of apricot. That subtle taste apricot was a surprise. It was a full bodied beer with a long lasting lingering aftertaste of citrus hops and citrus fruits. It will take a lot of food and water to clean that aftertaste out of your mouth. The aftertaste was so powerful that it masked its 8.5% ABV. This was another winner from Harvet that I had on that day. I wouldn't mind having another one of these.
02-03-2008 18:13:11 | More by AltBock
New Jersey
4/5 rDev -4.5%
09-02-2012 17:41:37 | More by ShemRahBoo
New Jersey
4.55/5 rDev +8.6%
a growler of a killer DIPA for $10 ? hell yes.. if you are anywhere near this place, go, go now, go often, this is their "regular" IPA now on tap.. holy cow batman...
2 full fingers of frothy and chunky head, superb lacing (it leaves a fingerprint on whatever it touches), light murky caramel in tone with some orange highlights, the head is awesome, it rollicks above the brew... almost has a life of it's own. Excellent looking beer.
I don't think fresh hops smell this good.. jeezus, total leaf aroma, the freshness factor is astounding, piney, citrusy, but in balance in some wierd way? and this is how it smells right now.. a little colder than it should be! this smells fantastic! a hop head's heaven! This is easily on par with any DIPA I have had in bottles (even the mighty Hopsickle, which I friggin love). Amazing.. all DIPAs should smell like this... if this beer was a woman, I would be slipping her ruffies...
a woman at the bar asked me "what is that? I can smell it from here" (while it was being poured a good 6 or more feet away)... what does that tell you about the hop aroma?
the same woman requested a taste and immediately said "grapefruit"... I think she was shocked out of her business suit by the hop barrage... This is an extreme beer but a remarkably easy drinking one, hop oils coat the mouth all over the place... the alcohol is not noticeable until you have a few of these. the aftertaste lingers like that one "semi" friend who is last to leave your parties. The bitter flavours entwine and make you salivate and then the hop oils slowly recede to leave behind a bitter footprint on the tongue... delicious. The mouthfeel is also really good.. medium body with a light prickly carbonation that matches well with the hop bitterness.. the flavour does not over power or taste like paint thinner (like some DIPAs)... I could go on all day about how good this is.
if you are a hop head, go get this beer, there is a hilton 2 blocks away, spend a night with this bitch, it's worth the drive.
I am not one to usually rate so high.. this beer kicks major ass...
08-23-2006 03:11:35 | More by Ego
New York
3.8/5 rDev -9.3%
Poured into a pint glass from a growler purchased on 01/10/09.
Appearance: orange, yellowish color with a slight hazyness. Agressive pour yielded a 2 finger head that was thick and creamy. Intricit lacing throughout the session.
Smell: Smells like sweet piney hops with some lemon peel and orange components.
Taste: Its got a big, but gentle bit of hops right up front. Then it leads to some piney, grapefruit and lemon pith flavors with a slight bit of wheat undertone. Finishes a little off balanced, but good bitterness.
Mouthfeel: Its got a sort of syrupy texture that coats my mouth.. good carbonation though, but a little bit syrupy.
Drinkability: Good session beer. the 8% abv is going to catch up if your not carefull but its delicious tasting and worth a try if your ever in new brunswick.
01-14-2009 01:03:55 | More by Augustiner719
Hops(2) Double IPA from Harvest Moon Brewery & Cafe
90 out of 100 based on 22 ratings.


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Our state of the art HP NX7400 compatible notebook battery is designed and manufactured under strict European ISO 9001 standards. It meets and exceeds high priced OEM products, allowing you to power your computer with a superior quality battery for a fraction of the price! Compatibilities: Laptop models: 6720t, 8510p, 8510w, 8710p, 8710w, Business Notebook 7400, 8200, 8400, 8500, 8700, 9400, nc8200, nc8230, nc8430, nw8200, nw8240, nw8440, nw9440, nx7300, nx7400, nx8220, nx8400, nx8410, nx8420, nx9420, Battery models: 361909-001, 361909-002, 381374-001, 395794-001, 395794-002, 395794-261, 398876-001, HSTNN-C13C, HSTNN-DB06, HSTNN-DB11, HSTNN-I03C, HSTNN-I04C, HSTNN-LB11, HSTNN-OB06, HSTNN-UB11, PB992A. 6600 mAh, 14.4 Volts & 12 Cell
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One day after a top Obama administration official deflected a congressman's call for executive action to raise labor standards for contractors, activists Wednesday announced the filing of a new Department of Labor complaint over alleged wage theft in a government building. The complaint alleges that dozens of workers in D.C.'s government-owned Union Station are owed over $3 million in back pay and damages for rampant failure to pay minimum wage or overtime.
Hardline activists sought to unseat Rep. Donna Edwards over her Mideast views, but failed to raise enough money.
Glenn F. Ivey, the former Prince George's County prosecutor who had announced plans to challenge U.S. Rep. Donna Edwards (D-Md.) is quitting the race, his spokesman said Wednesday.
Congresswoman Donna F. Edwards (D-MD) announced today that Maryland Senator Barbara Mikulski (D-MD) is endorsing her candidacy for re-election in Maryland's 4th Congressional District.
The Republican-controlled House of Representatives today killed a Democratic resolution condemning U.S. Rep. Allen West, R-Plantation, for saying last week that Nazi propaganda minister Joseph Goebbels would be "very proud of the Democrat Party, because they have an incredible propaganda machine."
Rep. Donna Edwards appears to be in solid shape to win re-election four and a half months before the Maryland Democratic primary, according to an internal poll from her campaign.


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Hiii guys my monitor resolution is only 800x600
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Spring 2014 Greenhouse Short Course Dates: March 23 - 28
A Special Thanks to our 2014 Exhibitors!
**March Lettuce Intensive!!!**
Professional Non-Credit Online Course 'Greenhouse Plant Physiology & Technology
Public Courses Schedule
A Tribute to 50 Years of the "Double Poly" Greehouse
New Video on Strawberries in Arizona
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University of Arizona Faculty and Alumni in ASABE Resource Magazine


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On August 14, 2014, the U.S. Department of Labor (DOL) provided new guidance to plan fiduciaries of terminated defined contribution plans for locating missing and unresponsive participants in order to distribute their benefits. The guidance comes in the form of Field Assistance Bulletin (FAB) No. 2014-01, which replaces FAB No. 2004-02. As discussed below, the guidance may also prove useful in finding missing and unresponsive participants in other circumstances as well. Continue Reading
Divided Fourth Circuit Panel Rules On Burden of Proving Loss Causation in ERISA Fiduciary Breach CasePosted in Loss Causation, Stock Drop
"As for those who might contemplate future service as plan fiduciaries, all I can say is: Good luck."
That was the sentiment expressed in a blistering dissent by Fourth Circuit Judge J. Harvie Wilkinson in the latest ruling in a lawsuit challenging the decision by the fiduicaries of the RJR 401(k) plan to liquidate two stock funds that previously had been available to plan participants wishing to invest in Nabisco stock. Tatum v. RJR Pension Inv. Committee et al., No. 13-1360, 2014 WL 3805677 (4th Cir. Aug. 4, 2014). In a split decision, the panel ruled that, because plaintiff-participant Richard Tatum had proved that the plan fiduciaries acted imprudently by liquidating the stock fund without the benefit of a proper investigation, the burden of proof shifted to defendants to show that a prudent fiduciary would have made the same decision. In so ruling, the Court reversed the lower court decision, which had found in favor of defendants after a bench trial upon finding that they had demonstrated that a prudent fiduciary could have made the same decision.
The Fourth Circuit's decision makes a number of significant statements and rulings on the burdens of proof related to loss causation, the meaning of "objective prudence," and the standards for reviewing decisions pertaining to stock funds in the wake of the Supreme Court's ruling in Fifth Third v. Dudenhoeffer. Some of the Court's pronouncements are difficult to reconcile with existing case law. If not set aside on en banc or Supreme Court review and if adopted elsewhere, the decision could substantially impact the future conduct of fiduciary breach litigation, as well as plan practices in administering stock funds. Continue Reading
District Court Allows ERISA Section 510 Retaliation Claim to ProceedPosted in ERISA Section 510
A federal district court in Pennsylvania concluded that Irene Najmola, a former employee of Chester County Hospital, sufficiently pled a retaliation claim under ERISA section 510 by alleging that her employment was terminated shortly after returning from short-term disability leave. In so ruling, the court determined that Najmola sufficiently pled that defendant had the specific intent to interfere with her attainment of ERISA benefits by alleging that she: (1) was an employee; (2) utilized her ERISA protected short-term disability plan; and (3) was terminated. In addition, the Court held that the temporal proximity between the exercise of her short-term disability leave and her termination were sufficient at the motion to dismiss stage to infer that defendants had the intent to interfere with or retaliate against plaintiff for utilizing ERISA protected benefits. The case is Najmola v. Women's Healthcare Group of Pa., 2014 U.S. Dist. LEXIS 101583 (E.D. Pa. July 24, 2014).
Righting a Wrong: The "Claim of Right" Doctrine and Other Tax Considerations for the Repayment of Pension Plan OverpaymentsPosted in Uncategorized
Pension plan overpayments to participants and their beneficiaries are an all-too-common occurrence. When overpayments occur, a plan administrator's duties are fairly clear. Typically, the plan administrator must seek repayment of the overpayment, plus interest, from the affected individuals, and if recovery from the individuals cannot be completed, recovery must be sought from the employer or other party who caused the overpayments. This article briefly reviews the general options for the correction of overpayments and focuses on the tax implications of overpayment recoupments and repayments by the individuals who received the overpayments.
General Repayment Options
Before discussing the tax consequences of repayments, it is helpful to consider how repayment options generally work. Available repayment options for affected individuals include a one-time lump sum payment, structured repayments over a certain period of time, a reduction in future pension payments through an actuarial adjustment (i.e., "recoupment"),[1] or some combination of the foregoing options. In addition, if the plan administrator's reasonable efforts to secure repayment (or some plan for repayment) are unsuccessful and the plan provides for automatic recoupment, the plan administrator may be able to automatically reduce the affected individuals' benefit payments on a prospective basis to reflect the overpayment. However, automatic recoupment is not possible in situations where the plan owes no further benefits to the affected individual (such as in the case of an overpaid lump sum).
If a plan administrator is unable to secure repayment from the affected individuals, the plan sponsor may need to contribute the overpayment amount, plus interest, to the plan.[2] Single-employer plan sponsors also sometimes elect to make corrective contributions to the affected plan from the plan sponsor's general assets in lieu of seeking repayment. However, not all plan sponsors are in a financial position to make corrective contributions. In addition, corrective contributions are generally not a viable option for the boards of trustees that sponsor multiemployer pension plans because the boards typically have no assets. As a result, plan administrators often turn to affected individuals for repayments of overpayments.
Tax Questions from Affected Individuals
Conversations with individuals regarding repayments can become tense, particularly because the affected individuals are often on fixed incomes and the overpayments were not necessarily their fault. However, plan administrators must press forward with repayment requests because of their fiduciary duties to their plans and to ensure that the plans have sufficient assets to satisfy benefits liabilities to all participants.
Typically, affected individuals already paid (or had withheld) federal income taxes from their overpayments. As a result, a common question during conversations about repayments is whether the individuals will receive some form of tax refund for the amounts that they repay to the plan. As a general matter, individuals who received overpayments are liable for repaying the full amount of their overpayment and interest, regardless of whether they can obtain tax refunds or deductions for the repayments. While plan sponsors, fiduciaries and administrators should not provide tax advice to individuals about their particular circumstances, it is useful to know the general tax implications of repayments for affected individuals.
What happens when overpayments are deducted or reduced from future pension payments?
Generally, participants and their beneficiaries are only taxed on amounts actually distributed to them from a pension plan.[3] Typically, there are two options to reduce the amounts actually distributed to the affected individuals going forward.
The first option is to adjust the affected individual's benefits on a prospective basis in a manner that reduces the actuarial present value of the benefits by the amount of the overpayment, plus interest. Going forward, the individual will only be liable for taxes on the adjusted pension amount that the individual actually receives from the plan.[4] In other words, the individual is not subject to taxation on the amount of his or her benefit that is recouped for repayment. As a result, this is theoretically a tax-neutral solution for the individual. However, from a practical standpoint, it may not make the individual whole if the individual was in a higher tax bracket at the time of receipt of the overpayment. It is also important to note that the individual is not eligible for any deduction under Code Section 165(a) for the subsequent repayment of the overpayment.[5]
In addition, if an individual elects to repay an overpayment with an actuarial adjustment and dies prior to full repayment of the overpayment, plus interest, the plan sponsor should not be required to make a corrective contribution for the outstanding repayment amount from a plan qualification standpoint. However, fiduciary considerations may still require a full restitution to the plan. Individuals sometimes push back on the amount of actuarial adjustments because they believe they will outlive the actuarial assumptions applicable to them and ultimately have their pension benefits withheld by more than the amount of the overpayment, plus interest.
The second option is to structure repayments over a certain period of time in negotiated monthly increments and to withhold the repayment amounts from the individual's pension benefits. If an individual elects this option and dies prior to full repayment of the overpayment, plus interest, the plan sponsor may need to make a corrective contribution to the plan for the unpaid amount.
What happens when repayments are paid in cash?
Other options for repayments from affected individuals do not entail any reductions from their rightful pension benefits. Instead, they typically entail a lump sum repayment or repayments over a fixed time period in cash. The tax treatment for these repayment options depends on whether they occur in the same year of the overpayment.
If cash repayments are made in the same year as the overpayment, they can generally be treated in the same way as a recoupment.[6] In other words, the repayment would simply reduce the taxable amount received by the affected individual from the plan in the tax year.
If cash repayments are made after the year in which the overpayment occurred, the repayment may be treated as a loss deduction under Code Section 165(a).[7] However, if the repayment is less than $3,000, the deduction must be treated as a miscellaneous itemized deduction. As a result, repayments of less than $3,000 are subject to the 2% adjusted gross income threshold for miscellaneous itemized deductions under Code Section 67(a).
If the repayment is over $3,000, the adjusted gross income threshold does not apply. Instead, the deduction is based on the rules for the restoration of a substantial amount held under a "claim of right," which are set forth in Code Section 1341.
Generally, Code Section 1341 provides a refundable credit for repayment tax deductions in excess of $3,000 if the taxpayer "appeared" to have an unrestricted right to payment in the year of payment.[8] In the absence of unusual facts and circumstances, the recipient of a pension overpayment likely "appeared" to have an unrestricted right to the payment in the year of receipt.[9]
If Code Section 1341 applies for the repayment, the tax for the taxable year in which the repayment is made is the lesser of: 1) the tax for the taxable year in which the repayment is made computed with the full amount of the repayment (without regarding to the $3,000 cap), and 2) the tax for the taxable year in which repayment is made computed without any deduction for the repayment, minus the decrease in tax for the taxable year in which the overpayment was received which would result if the overpayment was excluded from gross income for the prior taxable year. If the application of Code Section 1341 results in a tax decrease that exceeds the tax liability for the taxable year of the deduction, the tax decrease can be used to generate a refund or tax overpayment.[10]
Proskauer's Perspective
When discussing repayments with individuals who received overpayments of pension benefits, plan sponsors, fiduciaries and administrators should never provide specific tax advice. That said, it is useful to bear in mind that tax deductions are typically available to affected individuals and it may be appropriate to provide general information to affected individuals, with the caveat that they should seek their own tax advice from an accountant or legal counsel. Although the available tax deductions may not truly make affected individuals whole for the taxes they paid on overpayment amounts, knowing that some recourse is available to them can often help cool heated discussions regarding the repayment of overpayments.
[1] Recoupments of overpayments do not violate the anti-alienation rule. Treas. Reg. § 1.401(a)-13(c)(2)(iii).
[2] Depending on the facts and circumstances, plan fiduciaries may determine that it is not prudent to seek repayments based on the hardship to the affected individual or the cost of collection efforts for the plan. Dep't of Labor Op. Ltr. 77-08.
[3] 26 U.S.C. § 402(a).
[4] Rev. Rul. 2002-84, 2002-2 C.B. 953.
[5] Id.
[6] See, e.g., Rev. Rul. 79-311, 1979-2 C.B. 25 (finding that where employee repaid excess commissions in the same year as receipt, the repaid commissions were excludable from the employee's gross income in the year of repayment).
[7] Rev. Rul. 2002-84, 2002-2 C.B. 953.
[8] There are a number of other technical requirements in connection with Code Section 1341 that are beyond the scope of this article.
[9] The appearance of an unrestricted right is generally the "semblance of an unrestricted right in the year received." Rev. Rul. 68-153, 1968-1 C.B. 371. As a result, Code Section 1341 may not be available if the plan administrator sought repayment immediately prior to the end of a taxable year and actual repayment was not made until the following taxable year.
[10] 26 U.S.C. § 1341(b)(1).
IRS Increases 9.5% Affordability Threshold—Or Did It?Posted in ACA, Affordable Care Act
On July 24, 2014, the Internal Revenue Service (IRS) released three Revenue Procedures (2014-46, 2014-37, and 2014-41), which provide guidance to individuals on their obligation to maintain minimum essential coverage (MEC) under the Affordable Care Act's (ACA) so-called "individual mandate."
Most notably for employers is that, in Revenue Procedure 2014-37, the IRS increased the threshold for determining whether an employer has offered affordable coverage to an employee. For these purposes, the IRS increased the percentage of an employee's household income that can be charged for group health insurance and still be considered affordable for purposes of the ACA's "pay-or-play" requirements. The IRS guidance increases the percentage from 9.5% to 9.56%. In other words, an employer assessing the affordability for employee-only coverage for its least expensive plan in 2015 can require an employee to pay up to 9.56% of his or her household income and the insurance will still be considered affordable.
It has been widely reported that the IRS has increased the affordability percentage in all cases from 9.5% to 9.56%. This is not necessarily true.
By way of background, the IRS had previously acknowledged that when it comes to having employers measure "affordability" of health coverage, tracking an employee's household income would be difficult, if not impossible. Responding to this concern, the IRS released regulations that permitted employers to use one of three safe harbors to determine affordability. The three safe harbors permit an employer to measure affordability based on whether the applicable premium exceeds 9.5% of W-2 income, an employee's Rate of Pay or a measure of the Federal Poverty Level. That is, an employer using one of the safe harbors would not need to ask about an employee's household income to determine whether the insurance is affordable for purposes of the ACA; it would simply take the applicable safe harbor, multiply by 9.5% and measure the result against the premium for self-only coverage.
Some vendors, consultants and others have announced that employers can now use the increased 9.56% to determine whether coverage is affordable for purposes of the safe harbor. Based on the literal regulatory rules, this is not correct.
The reason this is not true is that the IRS regulations on affordability have "hard-wired" the 9.5% standard into those regulations; the regulations do not cross-reference to the statutory reference for affordability. As the IRS continues to index the affordability measure for household income over time, as is required by the ACA, a concomitant change to the percentage established in the regulations will be required or else these two percentages will very quickly become dramatically out-of-sync.
Some type of announcement from the IRS increasing the regulatory 9.5% threshold to the statutory 9.56% threshold for the applicable safe harbors would be welcome. In the meantime, employers planning on complying with the regulatory safe harbor rules should cap premiums based on the literal terms of those regulations.
Of Mice and Elephants: Halbig and King and The Struggle of Two Federal Appeals Courts to Find Meaning in Words That May or May Not Be TherePosted in ACA, Affordable Care Act
At issue in Halbig v. Burwell and King v. Burwell is whether or not subsidies to buy insurance on an exchange are available in both state and federal exchanges. On its face the Affordable Care Act ("ACA") provides for subsidies only in state exchanges. The Treasury Department wrote regulations in 2012, however, confirming that subsidies are available in both state and federal exchanges. Not so fast, said plaintiffs like those in Halbig and King: Treasury's clarification looked a lot like legislating, which Treasury cannot do.
In Halbig, as has been widely reported, a three-judge panel of the D.C. Circuit Appeals Court determined that the absence of plain language in the ACA authorizing subsidies to individuals covered on federal exchanges meant no subsidies were available. In King, the Fourth Circuit Court of Appeals, while recognizing that there is no ACA language that explicitly authorizes the subsidies, found that that the "context" of the statute permitted subsidies in federal exchanges.
Who's right and who's wrong? I'll leave that for a future court to decide. What's interesting to me is how both courts allude to the same judicial doctrine to identify a weakness in the losing side's case.
In Halbig, the majority notes that relying on a contextual reading of a defintional provision in an ancillary subsection of a major "operational" provision of the ACA would essentially transform the ancillary subsection into the "proverbial elephant in the mousehole." In other words, it would be strange for Congress to hide an elephant (a key provision of the law) in a mousehole (an important but nonetheless ancillary provision of the law).
In King, a concurring judge wrote that the absence of a reference to the federal exchanges in the very same ancillary provision on which the Halbig court relied "bespeaks a deeply flawed effort to squeeze the proverbial elephant into the proverbial mousehole." In other words it would be strange for Congress to override the intent of the statute by hiding a key provision (the elephant) in an ancillary subsection (the mousehole).
At the end of the day the use of the doctrine by both judges for different purposes bespeaks nothing more than the creative linguistics lawyers, judges and regulators use to justify different positions. The real elephant here is the elephant in the room: the fate of subsidies in over 30 states across the country. For employers, it's an important elephant, since it is the subsidies (the mice?) that trip the penalties (the elephants?) under the ACA. Without subsidies there are no penalties. Should employers doing business in the states (including Washington, D.C.) operating state exchanges move to a federal exchange state? Of course not. In fact, the best course of action is to simply wait and see what develops and remember: with a resolute heart, a mouse can lift an elephant. I have no idea what that means in this context so I'll leave it to each of you to apply it any way you see fit.
More Post-Windsor Tax Guidance: IRS Issues Letter Outlining Steps for Individuals to Obtain Tax Refunds for Same-Sex Spousal Health CoveragePosted in DOMA
July 21, 2014
On June 27, 2014, the IRS published a letter outlining the steps taxpayers should take in order to obtain a refund for taxes paid on the value of employer-sponsored health coverage provided to an employee's same-sex spouse. The letter, originally dated February 24, 2014, is in response to an inquiry from Rep. Peter Welch of Vermont, who had requested guidance on the issue on behalf of a constituent.
The IRS addressed a fact pattern in which a taxpayer's employer issued the taxpayer a Form W-2 that reports the value of spousal health coverage as taxable wages. Following the Supreme Court's decision in United States v. Windsor, the IRS announced in Rev. Rul. 2013-17 and Notice 2014-1 that a same-sex spouse will be treated as a spouse for federal tax purposes, provided the couple is lawfully married under state law. Therefore, as is the case with opposite-sex spouses, the value of employer-sponsored health coverage provided to an employee's same-sex spouse is excludable from an employee's income for federal tax purposes. The Form W-2 issued to the taxpayer by the employer was therefore inaccurate.
The IRS instructs that the taxpayer should contact her employer and request a corrected Form W-2, which the taxpayer can then use to complete her tax return. If the employer does not issue a corrected Form W-2, the taxpayer should file her tax return using the original Form W-2 and file a Form 4852 (Substitute for Form W-2 or Form 1099-R) reporting the correct amount of her taxable wages (subtracting the value of excludable spousal health coverage). Where Form 4852 asks to describe how the taxpayer determined the corrected amounts, she should explain that the amounts reported on Form W-2 included the value of excludable spousal health coverage and that these amounts have been excluded on Form 4852 as permitted by Rev. Rul. 2013-17 and Notice 2014-1. The taxpayer should also explain how she determined the value of the excludable spousal health coverage. The taxpayer should then complete her tax return using the amounts in Form 4852 instead of the incorrect Form W-2.
The IRS also notes that the taxpayer may be entitled to a refund of federal employment taxes paid on the value of the spousal health coverage, and suggests that the taxpayer contact her employer to determine whether the employer is seeking a refund on her behalf. If the employer is not seeking a refund, the taxpayer may file Form 843 (Claim for Refund and Request for Abatement).
The letter confirms what many believed to be the case – employers are not obligated to automatically furnish corrected Forms W-2 to employees who had imputed income in years pre-Windsor for the value of employer-sponsored health coverage provided to same-same spouses. However, it serves as a good reminder that employers should be prepared to respond to such requests as employees continue to seek refunds.
Fourth Circuit Rejects Widow's Claim for Equitable ReliefPosted in Remedies
The Fourth Circuit recently rejected fiduciary breach and equitable estoppel claims for life insurance coverage by Leslie Moon, the widow of a deceased employee, who claimed that the employer's actions resulted in Mr. Moon's failure to convert his life insurance to an individual policy following the onset of his disability. In so ruling, the Court determined that Leslie Moon failed to establish that the employer was a fiduciary of the life insurance plan because: (i) the employer's alleged failure to alert Mr. Moon that he was no longer covered under the plan and its continued acceptance of Mr. Moon's premium payments (when such payments should have been made directly to the insurer) constituted administrative, not fiduciary, functions; and (ii) the plan was administered by third party. The case is Moon v. BWX Techs., Inc., No. 13-cv-1888, 2014 U.S. App. LEXIS 12525 (4th Cir. July 2, 2014).
Hobby Lobby: The Supreme Court's View and Its ImpactPosted in ACA, Affordable Care Act
For the second time in two years the United States Supreme Court (the "Court") has ruled against the Obama Administration with respect to elements of the Affordable Care Act (the "ACA"). In a 5-4 decision announced today in Burwell v. Hobby Lobby Stores, Inc. ("Hobby Lobby") (f/k/a Sebelius v. Hobby Lobby Stores, Inc.), the Court ruled that the federal government, acting through Health and Human Services ("HHS"), overstepped its bounds by requiring faith-based private, for-profit employers to pay for certain forms of birth control that those employers argued contradicted their religious beliefs, in violation of the Religious Freedom Restoration Act of 1993 ("RFRA").
In Hobby Lobby, the Court found that for-profit employers are "persons" for purposes of the RFRA. The Court, assuming that the government could show a compelling interest in its desire to provide women with access to birth control, ultimately held that the government could have met this interest in a less burdensome way. Continue Reading
DOL Proposes Change to FMLA Definition of Spouse to Accommodate Same-Sex MarriagePosted in DOL, Family and Medical Leave Act, Same-Sex Marriage, Same-Sex Spouse
As was expected, the U.S. Department of Labor has issued a proposed regulation changing the definition of "spouse" for FMLA purposes in order to protect the FMLA rights of employees with same-sex spouses.
The proposed regulation adopts a "place of celebration" rule, consistent with the current DOL interpretation in the context of other federal laws. Under this "celebration" rule, an employee may take FMLA leave to care for an ill same-sex spouse even if they couple resides in a state that does not permit or recognize their marriage, as long as they were married in a jurisdiction that allowed their marriage.
This change was necessary to accommodate employees with same-sex spouses because the current FMLA definition refers to the state of an employee's residence when determining whether the employee is married. Under that definition, an employee technically is entitled to take FMLA leave to care for an ill same-sex spouse only if they actually reside in a state that recognizes same sex marriage.
The DOL issued Frequently Asked Questions and a Fact Sheet along with the proposed regulation.


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LOS ANGELES — An early adopter of Google's Internet-connected eyeglasses plans to fight a citation for wearing the device while driving in San Diego, saying the technology makes navigation easier than smartphones and GPS devices.
Driver Cecilia Abadie was pulled over for speeding Tuesday evening, when a California Highway Patrol officer noticed she was wearing Google Glass and tacked on a citation usually given to drivers who may be distracted by a video or TV screen.
A challenge to what may be a first-of-its-kind citation could force authorities to re-examine laws and consider how best to regulate evolving gadgetry that will one day become mainstream.
The lightweight eyeglasses, which are not yet widely available to the public, feature a hidden computer and a thumbnail-size transparent display screen above the right eye. Users can scan maps for directions — as well as receive web search results, read email and engage in video chats — without reaching for a phone.
About 10,000 have been distributed so far in the United States to "explorers" like Abadie, and this week Google announced another 30,000 would be available for $1,500 apiece. Abadie, a software developer, got what she describes as the life-changing technology in May.
In an interview Thursday, she said she was not using her Google Glass when she was pulled over for allegedly going about 80 mph in a 65 mph zone on the drive home to Temecula after visiting a friend.
"The Glass was on, but I wasn't actively using it" to conserve the battery, she said. The device becomes inactive if it's not asked to perform a task.
Abadie expressed surprise that wearing the glasses while driving would be illegal and said she's "pretty sure" she will fight the ticket. First, she said, she needs to seek legal counsel. In the flurry of online commentary her traffic stop has generated, several people saying they are attorneys offered their services.


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Bring Netflix to the OUYA
Currently the OUYA is gaining popularity, but one item that is missed by many users is an official Netflix application to facilitate the use of their streaming service. Please help let Netflix know that the OUYA user base would love to see this application come to fruition by signing this petition and passing it along to others!
Nicholas Evans
I've been a Netflix customer for years and would like to have an official app developed for the Ouya console.
Rob Bassie
it just needs to be done.
Impatient Robert
What is taking so long?
Recent signatures
Sam1 week ago Comments: -
Brian Young1 week ago Comments: -
Martin Pilon3 weeks ago Comments: -
Petition highlights
- We have reached 250 signatures! Let's keep this going and see if we can get to 500!
- 100 signatures, let's keep them coming.
- We are now live!


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LSU hospital privatization OK'd by civil service panel
Kentucky.com / Associated Press, September 5, 2013
BATON ROUGE, La. — Gov. Bobby Jindal's administration won approval Wednesday from the Civil Service Commission for the privatization of the LSU hospitals in Shreveport and Monroe, which will remove nearly 3,300 people from state employment rolls. The 4-1 commission vote was the final step needed for the Oct. 1 start date of the outsourcing contract and allows the university system to lay off 3,262 hospital workers at LSU Medical Center in Shreveport and the E.A. Conway Medical Center in Monroe. Those employees can reapply with the nonprofit research foundation that will take over management of the hospitals.
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