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Line Cook
Seeking a Line Cook with extensive knowledge in all areas of food service including the preparation of Hot & Cold foods, Breakfast Grill, Eggs , Pancakes, Sandwiches etc., Lunch Buffet, sandwiches, wraps, panninis etc, dinner, PORTION CONTROL, Costing and PRICING.If you are a "FOODIE" , People person, this is a good job for you. Part time, or full, the potential is here. Its up to you to grow ...
Jul 19 -
Highland Mills
Golden Corral Assicate Mgrs
Simply Stated the best Buffet in America located in Poughkeepsie, NY needs two (2) managers and with talent! Please read below and we hope to meet you really soon. Ast Store Manager and Hospitaly Manager -should have strong oral and written skills alike-Must have 10 plus years as a manager within the Food/Restaurant Industry.-Must be flexible to do training for 12-14 weeks in Richmond, ...
Jul 11 -
Golden Corral Rest. Mgrs
Golden Corral is seeking a Restaurant Managers Poughkeepsie, NY to join our team! You will be responsible for providing customers with a memorable dining experience.Responsibilities:Supervise and coordinate all culinary activitiesOversee guest services and resolve issuesEnsure a high quality of ingredients and food preparationTrain and manage kitchen personnelCreate and adjust staff schedules ...
Catering Office Manager
POSITION SUMMARY: The Office Manager position exist to support company operations by maintaining and providing leadership and structure to the customer service department and operations. EDUCATION:Bachelor's degree in Hospitality Management preferred with two (2) years of related experience, or Associates degree with minimum of five (5) years' related experience or high school diploma with ...
Jun 29 -
Entry Level Position - Customer Service Skillls Required
Are you a people person? STRONG Customer Service Skills REQUIRED for our entry level positions. LTG is hiring for entry level sales, marketing and customer service reps.CALL NOW for IMMEDIATE CONSIDERATION from our HR Administrator at 914-358-9955We are currently hiring entry level individuals with a restaurant & retail background for the Account Representative. We have found that candidates ...
Jun 17 -
General Manager
POSITION SUMMARYProvide leadership and direction to Operations, Customer Services, Transportation and Culinary to effectively and efficiently produce quality and fine cuisine to our VIP customer base. Education:• Bachelor's degree or equivalent experience required Essential functions and responsibilities: · Create, improve, manage, train and direct all customer service ...
Jun 15 -
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network technician jobs near Bozeman, MT
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Information Systems Technician
U.S. Navy - United States
Operating and coordinating automated networks, datalinks and circuits. Information Systems Technicians in the Navy Reserve serve in an Enlisted role....
Satellite Technician - *$45,000/Yearly
Star West Satellite - Bozeman, MT
Ability to work flexible hours, weekends and holidays. We give you PAID training to learn a trade you can use nationwide and become a Home Entertainment...
SatCom Technician - OCONUS
Anistar Technologies - United States
SatCom Technician P1/P2/P3. Responsibilities for SatCom Technician include:. Our client is a world leader in satellite-based communications solutions...
Telecom Tower Technician I
Ericsson - United States
Telecom Tower Technician I. Over 1,000 networks in more than 175 countries utilize our network equipment and 40 percent of all mobile calls are made through our...
Lead Locksmith - Relocation Options Available!
The Flying Locksmiths - National Commercial Locksmiths - United States
You will have access to FaceTime with some of the best technicians in the country to troubleshoot and repair!...
Installation Commissioning Technician
IMI Material Handling Logistics - United States
Working knowledge of various network applications, including Ethernet IP, Device Net, Control Net, Profi-bus, AS-I, and CAN, including ability to install,...
OR Scrub Technician (Prescott, AZ) $7,500 Relo/Sign-on Bonus! - Surgery
Yavapai Regional Medical Center (YRMC) - United States
Our healing network includes two full-service acute care hospitals, primary and specialty care clinics, the YRMC Wellness Center and the YRMC Outpatient...
Parts Manager
Titan Machinery - United States
Tool/Equipment Allowance for Service Technicians. Titan Machinery operates one of the largest networks of full service agricultural and construction equipment...
Controls Technician - Metal Stamping
United Employment Group - United States
Controls Technician- Metal Stamping Industry*. Experience leading other Control and Maintenance Technicians, preferably in a Metal Stamping environment....
Motorcycle/ATV Mechanic
Powersports Plus - United States
Remove and replace defective frame and body parts, using hand tools, arbor presses, flexible power presses, or other tools....

subset: commoncrawl


text:
|Publication number
|Publication type
|Application number
|Publication date
|Oct 27, 1998
|Filing date
|May 31, 1995
|Priority date
|Jun 3, 1994
|Fee status
|Also published as
|Publication number
|Hisashi Masumura, Kiyoshi Suzuki, Hideo Kudo
|Original Assignee
|Shin-Etsu Handotai Co., Ltd.
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (8), Non-Patent Citations (1), Referenced by (10), Classifications (13), Legal Events (4)
|External Links: USPTO, USPTO Assignment, Espacenet
1. Field of the Invention
The present invention relates to a polishing pad used for polishing silicon wafers and a polishing method using the same.
2. Description of the Related Art
Polishing pads presently used for polishing silicon wafers (hereinafter may be referred to, for brevity, as "wafers") generally comprises a velour type pad composed of a polyurethane-impregnated polyester non-woven fabric, and a foam type pad molded of a single polyurethane resin. A recent increase in the device integrality requires polished wafers whose surface is highly flat. With this requirement in view, rigid polishing pads have been used increasingly. The rigid polishing pads, however, has a drawback that they tend to lower or deteriorate the surface roughness of the polished wafers. To improve the surface roughness, polishing with the rigid polishing pad must be followed by final polishing achieved by using a soft polishing pad. The final polishing should preferably be achieved in the form of a multi-stage process which will incur an additional production cost. Another problem is that even if the wafers have already acquired a sufficient flatness through the preceding polishing using the rigid polishing pad, the following final polishing process may bring about wafer shape deformation. Furthermore, when polishing is achieved under a high pressure or load condition using the rigid polishing pad, the polished wafers are thinned at a central portion to assume a concave shape and hence resulting flatness is considerably low. This problem does not occur when the pressure or load on the rigid polyurethane pad is low. However, under such low pressure or load condition, the productivity is significantly lowered due to a low polishing rate available.
The present inventors found by extended researches that all of the foregoing problems could be solved by a polishing pad of rigid polyurethane added with particles of CaCO3 (calcium carbonate).
It is an object of the present invention to provide a rigid polishing pad which is able to provide a polished silicon wafer not only having a surface roughness comparable to that obtained by final polishing, but also having an excellent flatness free from deformation such as concaving.
Another object of the present invention is to provide a silicon-wafer polishing method using such rigid polishing pad for enabling single-stage polishing of the silicon wafer.
A polishing pad of this invention for polishing a silicon wafer comprises a pad of rigid polyurethane added with particles of CaCO3.
The polyurethane pad has a JIS-A hardness in the range of from 60 to 100, preferably from 70 to 100, and optimally from 85 to 95.
The amount of the CaCO3 particles added to the polyurethane pad is in the range of from 1 to 10 percent by weight, preferably from 2 to 8 percent by weight, and optimally from 3 to 6 percent by weight.
The CaCO3 particles have an average particle diameter or size in the range of from 0.01 to 10 μm, preferably from 0.01 to 1 μm, and optimally from 0.1 to 1 μm.
A silicon-wafer polishing method of this invention is characterized by using the polishing pad of the type specified above.
The above and other objects, features and advantages of the present invention will become manifest to those versed in the art upon making reference to the detailed description and the accompanying sheets of drawings in which a preferred structural embodiment incorporating the principle of the present invention is shown by way of illustrative example.
FIG. 1 is a graph showing the flatness of four different wafers polished according to Examples 1 and 2 and Comparative Examples 1 and 2, respectively;
FIG. 2 is a graph showing the surface roughness of the wafers polished according to Example 1 and Comparative Examples 1 and 3;
FIG. 3 is a graph showing a cross-sectional shape of the polished wafer according to Example 1;
FIG. 4 is a graph showing a cross-sectional shape of the polished wafer according to Example 2;
FIG. 5 is a graph showing a cross-sectional shape of the polished wafer according to Comparative Example 1;
FIG. 6 is a graph showing a cross-sectional shape of the polished wafer according to Comparative Example 2; and
FIG. 7 is an elevational view of an apparatus for polishing a wafer.
The present invention will be described below in greater detail by way of the following examples which should be construed as illustrative rather than restrictive.
FIG. 7 shows an apparatus 1 for polishing a single crystal silicon wafer 70, to carry out polishing processes in Examples 1-2.
In FIG. 7, the apparatus 1 comprises a rotary table assembly 2, a rotary wafer carrier 3, and a polishing agent supplying member 4. The rotary table assembly 2 comprises a rotary table 5 and a polishing pad 6 adhered on the upper surface of the rotary table 5. The rotary table 5 can rotate on a shaft 7 at a predetermined rotation speed by a driving device such as a motor. The polishing pad 6 comprises a polyurethane foam added with particles of CaCO3. The rotary wafer carrier 3 is for holding to carry the wafer 70 on the polishing pad 6 of the rotary table assembly 2 so that the surface of the wafer 70 faces to the polishing pad 6. The wafer carrier 3 can rotate on a shaft 8 at a predetermined rotation speed and horizontally move on the polishing pad 6 by an appropriate driving device such as a motor. During operation of the apparatus 1, the wafer 70 held by the wafer carrier 3 is in contact with the polishing pad 6 and proper polishing loads are applied to the wafer 70 in a downward direction through the shaft 8 and the wafer carrier 3. The polishing agent supplying member 4 is for supplying a polishing agent 9 on the polishing pad 6 to supply it between the wafer 70 and the polishing pad 6. The polishing agent 9 has an appropriate pH value and includes water and abrasive grains.
Sample wafer: Czochralski-grown p-type, <100>-oriented, 150-mm-diameter, single crystal silicon wafer
Polishing pad: Polyurethane foam (JIS-A hardness=86)
CaCO3 particles added to the polishing pad: the amount added=3.5 wt %, average particle size=0.1 μm (arithmetical average of the length and the breadth of particles obtained by direct observation method)
Polishing agent: AJ-1325 (tradename for a polishing agent of colloidal silica manufactured by Nissan Chemical Industries, Ltd.)
Polishing load: 400 g/cm2
Polishing time: 10 min.
Under the condition specified above, the sample wafer was polished with the apparatus 1 shown in FIG. 7. Then, surface flatness (TTV=Total Thickness Variation) of the polished wafer was measured by means of an ADE Microscan 8300 (manufactured by ADE, Inc.). The results of the measurement are shown in FIG. 1. The flatness (TTV) is defined as the difference between the maximum and minimum values of thickness encountered in the polished wafer. Using an optical interference roughness tester (WYKOTOPO-3D, 250 μm□, manufactured by WYKO, Inc.), a measurement was made for surface roughness of the polished wafer with the results shown in FIG. 2. A further measurement was carried out with the use of the ADE Microscan 8300 so as to determine the cross-sectional shape of the polished wafer. The results of the measurement are shown in FIG. 3. In FIG. 3, the axis of ordinate indicates thickness of the wafer, and the axis of abscissa indicates positions on a centerline of the wafer within a flatness quality area excluding a peripheral edge of 3 mm in width.
Example 1 was repeated with the difference that the polishing load was changed from 400 g/cm2 to 250 g/cm2, and the surface roughness measurement was omitted. The results of the flatness measurement (TTV) are also shown in FIG. 1. The results of the cross section measurement are shown in FIG. 4. In FIG. 4, the axis of ordinate and the axis of abscissa have the same meaning as those shown in FIG. 3.
Example 1 was repeated by using a conventional polishing pad composed of a polyurethane foam having no CaCO3 particles added. The results of the flatness measurement, and the results of the surface roughness measurement are shown in FIGS. 1 and 2, respectively. The results of the cross section measurement are shown in FIG. 5 whose axes of ordinate and abscissa have the same meaning as those shown in FIG. 3.
Example 2 was repeated with the exception that the CaCO3 -added polyurethane foam polishing pad was replaced by a conventional polyurethane foam polishing pad made without CaCO3 particles added. The results of the flatness measurement are shown in FIG. 1. The results of the cross section measurement are shown in FIG. 6 whose axes of ordinate and abscissa have the same meaning as those shown in FIG. 3.
The polished wafer of Comparative Example 1 was subjected to final polishing achieved under the following condition with the apparatus 1 shown in FIG. 7.
Polishing pad: soft polyurethane pad (JIS-A hardness=66)
CaCO3 particles added to the polishing pad: not used
Polishing agent: AJ-1325 as specified above
Polishing load: 150 g/cm2
Polishing time: 10 min.
After the final polishing, the surface roughness of the wafer was measured with the results shown in FIG. 2 along with the results of Example 1 and the results of Comparative Example 1.
It appears clear from FIG. 1 that the polished surface of a wafer polished by the polishing pad of this invention under a high load condition (400 g/cm2) of Example 1 has a flatness which is comparable to that obtained by the conventional rigid polishing pad under the low load condition (250 g/cm2) of Comparative Example 2. The surface roughness of the wafer polished by the polishing pad of this invention under the high load condition of Example 1 is considerably lower than that attained by the first polishing stage achieved under the high load condition (Comparative Example 1) by using the conventional rigid polishing pad, and is substantially the same as that attained by the second or final polishing stage achieved under the low load condition (Comparative Example 2) by using the conventional polishing pad. In sum, the surface roughness attained by the present invention is comparable to that attained by the final polishing process. Furthermore, the conventional polishing achieved under the high load condition (400 g/cm2) tends to deform the polished wafer surface into a concave shape, as shown in FIG. 5. As is apparent from FIGS. 3 and 4, the present polishing processes, as against the conventional one, are completely free from the concave wafer-deformation problem.
It is apparent from the foregoing description that the present invention is able to provide, through a single-stage polishing process, a polished wafer having a surface roughness and a flatness which are comparable to those attained by the conventional final polishing process. The conventional final polishing process can, therefore, be dispensed with, so that the overall polishing process of this present invention is sufficiently simple.
Obviously, various minor changes and modifications of the present invention are possible in the light of the above teaching. It is therefore to be understood that within the scope of the appended claims the invention may be practiced otherwise than as specifically described.
|Cited Patent
|Filing date
|Publication date
|Jul 31, 1980
|May 10, 1983
|Rowland, Incorporated
|Tools for optical lenses
|Apr 22, 1983
|Aug 21, 1984
|International Business Machines Corporation
|Fixed abrasive polishing media
|Aug 5, 1988
|Jan 16, 1990
|Minnesota Mining And Manufacturing Company
|Abrasive article containing helically crimped fibers
|Jul 12, 1994
|Nov 26, 1996
|Rodel, Inc.
|Polymeric polishing pad containing hollow polymeric microelements
|Sep 12, 1991
|Apr 16, 1992
|Buehler Ltd
|Mechano-chemical polishing abrasive - comprises colloidal silica paste and mechanical abrasive for high speed polishing of hard substrate, e.g. ceramics or glass
|Mar 18, 1993
|Sep 29, 1993
|Minnesota Mining And Manufacturing Company
|Nonwoven surface treating articles, system including same
|Title not available
|Title not available
|Citing Patent
|Filing date
|Publication date
|Feb 12, 1999
|Sep 19, 2000
|Shin-Etsu Handotai Co., Ltd.
|Polishing method for semiconductor wafer and polishing pad used therein
|Feb 2, 1998
|Sep 19, 2000
|Tokyo Electron Limited
|Polishing apparatus, polishing member
|Apr 20, 1999
|Oct 24, 2000
|Memc Electronic Materials, Inc.
|Method of conditioning wafer polishing pads
|Feb 8, 2000
|Nov 12, 2002
|Hitachi, Ltd.
|Polishing method and apparatus
|Dec 7, 2004
|Jan 23, 2007
|Hitachi, Ltd.
|Polishing apparatus and method for producing semiconductors using the apparatus
|Apr 19, 2002
|Oct 23, 2003
|Shigeo Moriyama
|Polishing apparatus and method for producing semiconductors using the apparatus
|Dec 7, 2004
|May 5, 2005
|Shigeo Moriyama
|Polishing apparatus and method for producing semiconductors using the apparatus
|Feb 5, 2004
|Aug 11, 2005
|Duong Chau H.
|Polishing pad with releasable slick particles
|Apr 9, 2007
|Aug 9, 2007
|Fuji Spinning Co., Ltd.
|Polishing sheet and polishing work method
|Feb 3, 2000
|Jul 26, 2001
|Wacker Siltronic Halbleitermat
|Production of a semiconductor wafer comprises polishing the edges of the wafer with a cloth with the continuous introduction of an alkaline polishing agent using polishing plates, wetting with a film and cleaning and drying
|U.S. Classification
|156/345.12, 438/692, 438/690, 216/89, 438/693, 438/691, 216/88
|International Classification
|Cooperative Classification
|European Classification
|May 31, 1995
Owner name: SHIN-ETSU HANDOTAI CO., LTD., JAPAN
Free format text: ASSIGNMENT OF ASSIGNORS INTEREST;ASSIGNORS:MASUMURA, HISASHI;SUZUKI, KIYOSHI;KUDO, HIDEO;REEL/FRAME:007497/0378
Effective date: 19950517
|May 14, 2002
|Maintenance fee reminder mailed
|Oct 28, 2002
|Lapse for failure to pay maintenance fees
|Dec 24, 2002
|Expired due to failure to pay maintenance fee
Effective date: 20021027


text:
Things the #SmartSet Doesn't GetPosted: July 23, 2016 Filed under: History, Mediasphere, Politics, Think Tank | Tags: #SmartSet, 1980s, 1984, Ace of Spades, Americas, Anderson Cooper, Barack Obama, CNN, GOP, Hillary Clinton, Jimmy Carter, Make America Great, Morning in America, Presidential Campaign 1980, Pundit, Ronald Reagan, Twitter, United States Leave a comment
First, read this item from AceofSpades:
Ace continues…
…Anyway, if you don't believe me about Reagan, here's his 1980convention speech. Not his sunny "Keep me office" 1984 speech; this is his dark, angry "this other guy sucks and is destroying everything" 1980 speech.
By the way, the #SmartSet is angry because Trump, by "running down" America, seems to be saying America isn't great right now. And it is, darn it!!!
Reagan's 1980 campaign theme? "Let's Make America Great."
As if it wasn't so great under Carter. As if it needed to be made great.
And just remember this the next time you get your information from CNN or the slightly more liberal GOP #SmartSet.
Read the whole thing here
…Then, read this speech, from Ronald Reagan's 1980 Address Accepting the Presidential Nomination at the Republican National Convention in Detroit.
Rather than the video, (which we posted a few days ago) it's the transcript of Reagan's acceptance speech.
Bathe in the darkness, my friends.
Mr. Chairman, Mr. Vice President to be, this convention, my fellow citizens of this great nation:
With a deep awareness of the responsibility conferred by your trust, I accept your nomination for the presidency of the United States. I do so with deep gratitude, and I think also I might interject on behalf of all of us, our thanks to Detroit and the people of Michigan and to this city for the warm hospitality they have shown. And I thank you for your wholehearted response to my recommendation in regard to George Bush as a candidate for vice president.
I am very proud of our party tonight. This convention has shown to all America a party united, with positive programs for solving the nation's problems; a party ready to build a new consensus with all those across the land who share a community of values embodied in these words: family, work, neighborhood, peace and freedom.
I know we have had a quarrel or two, but only as to the method of attaining a goal. There was no argument about the goal. As president, I will establish a liaison with the 50 governors to encourage them to eliminate, where it exists, discrimination against women. I will monitor federal laws to insure their implementation and to add statutes if they are needed.
More than anything else, I want my candidacy to unify our country; to renew the American spirit and sense of purpose. I want to carry our message to every American, regardless of party affiliation, who is a member of this community of shared values.
Never before in our history have Americans been called upon to face three grave threats to our very existence, any one of which could destroy us. We face a disintegrating economy, a weakened defense and an energy policy based on the sharing of scarcity.
The major issue of this campaign is the direct political, personal and moral responsibility of Democratic Party leadership–in the White House and in Congress–for this unprecedented calamity which has befallen us. They tell us they have done the most that humanly could be done. They say that the United States has had its day in the sun; that our nation has passed its zenith. They expect you to tell your children that the American people no longer have the will to cope with their problems; that the future will be one of sacrifice and few opportunities.
My fellow citizens, I utterly reject that view. The American people, the most generous on earth, who created the highest standard of living, are not going to accept the notion that we can only make a better world for others by moving backwards ourselves. Those who believe we can have no business leading the nation.
I will not stand by and watch this great country destroy itself under mediocre leadership that drifts from one crisis to the next, eroding our national will and purpose. We have come together here because the American people deserve better from those to whom they entrust our nation's highest offices, and we stand united in our resolve to do something about it. Read the rest of this entry »
[VIDEO] Jonah Goldberg with Bill Kristol: Trump's Candidacy, Conservative Exile, and 'Liberal Fascism' RevisitedPosted: July 18, 2016 Filed under: Art & Culture, Education, Mediasphere, Politics, Reading Room, Think Tank | Tags: AEI, Bill Kristol, Jonah Goldberg, Weekly Standard Leave a comment
'The Newsletterist of Our Time'. My favorite part appears at 1:16:03 – 1:32:20, where Jonah discusses some important books and essays that have influenced his writing. Spoiler: Goldberg, a bonafide scholar and 'deep diver' as an adult (the recommended readings discussed here include some of the most influential texts of 20th century conservative thought) was an ardent fan of science fiction and comics as a young man. Jonah's absurdist flourishes and madcap pop-culture riffing are a happy result of this early influence. I've often thought Goldberg could easily ended up as a screenwriter, or sitcom/variety show writer, but accidentally became a professional conservative instead.
Also revealed: Both Goldberg and Kristol grew up in Manhattan. Their familiarity with the local media climate that gave rise to Donald Trump's public persona is briefly explored here.
[Order Jonah Goldberg's book "Liberal Fascism: The Secret History of the American Left, From Mussolini to the Politics of Meaning" from Amazon]
Exit question: Is American conservatism preparing to go into exile? As the two leading presidential candidates offer competing versions of statism? Watch the whole thing.
The National Review senior editor on Donald Trump's candidacy. Click "Show more" to view all chapters. For more conversations, visit conversationswithbillkristol.org
Chapter 1 (00:15 – 41:02): On Trump and Conservatism
Chapter 2 (41:02 – 57:38): Liberal Fascism Revisited
Chapter 3 (57:38 – 1:16:03): Liberalism, Conservatism, and 2016
Chapter 4 (1:16:03 – 1:32:20): Suggested Reading Read the rest of this entry »
Michael Barone: Why Do So Many Liberals Want to Suppress Political Speech?Posted: July 17, 2016 Filed under: Censorship, Mediasphere, Politics, Think Tank | Tags: Barack Obama, FCC, First Amendment, Freedom of speech, IRS, Liberals, Michael Barone, Political Speech, Salon.com 2 Comments
Michael Barone writes: The knee jerk response of many liberals to political attacks seems to be to suppress such speech. Examples abound. Michigan Rep. Gary Peters, running for the Senate, threatens the broadcast licenses of stations that run adscriticizing him. Over at salon.com Fred Jerome imagines what it would be like to nationalize — have the government take over — Fox News. And of course evidence continues to accumulate that high Internal Revenue Service officials denied approval to conservative groups in order to suppress political speech.
[Read the full story here, at Washington Examiner]
Then there's the Federal Communications Commission's "Multi-Market Study of Critical Information Needs"–put on hold Friday. The FCC was going to query TV station and newspaper
writers about their "coverage choices." As my Washington Examiner colleague Byron York explains, this "study" was the project of Democratic FCC Commissioner Mignon Clyburn, daughter of Rep. James Clyburn, and it was scheduled to be rolled out first in Columbia, S.C. — which just happens to be the Clyburns' hometown. Read the rest of this entry »
[VIDEO] Reason TV: Are Republicans or Democrats More Anti-Science?Posted: July 16, 2016 Filed under: Education, Politics, Science & Technology, Think Tank | Tags: media, Pew Research Center, Reason.tv, Scientist, video Leave a comment
Reason TV talks with California progressives about what happens when science meets politics.
Zach Weissmueller, Justin Monticello & Joshua Swain report: It's popular to portray the GOP as the anti-science party and Democrats as the sane, "party of science" alternative. And only 6 percent of scientists identified as Republicans, according to a 2009 Pew Research poll, which seems to be the most recent one on the topic. But the truth is that when science and politics meet, the result often isn't pretty, regardless of partisan affiliation.
Reason TV asked locals in Venice, California about their thoughts on various scientific policy questions and compared their answers to public opinion poll data. We found that many people favored mandatory labeling of food that contains DNA, the stuff of life contained in just about every morsel of fruit, vegetable, grain, or meat humans consume. Yet a recent survey out of the University of Florida found that 80 percent of respondents favor mandatory DNA labeling, only slightly below the 85 percent that favor labeling of genetically modified organisms (GMOs). While Republicans are divided evenly on the GMO question, Democrats rate them unsafe by a 26-point margin, despite almost 2,000 studies spanning a decade saying otherwise.
Republicans are more skeptical of the theory of evolution, though by a surprisingly slim margin with 39 percent of them rejecting it as compared to 30 percent of Republicans. When it comes to other scientific matters, the waters are even muddier. For instance, Democrats and Republicans believe in the false link between vaccines and autism at roughly equal levels.
[Read the full story here, at Reason.com]
And it's largely liberal Democratic politicians pushing anti-vaping laws, despite public health agencies estimating e-cigarettes to be around 95% safer than conventional tobacco cigarettes and early evidence they help smokers quit. And vaping products don't contain any tobacco or its resultant tar, yet the FDA still wants to treat them as tobacco products. Read the rest of this entry »
[BOOKS] David Harsanyi's 'The People Have Spoken (and They Are Wrong): The Case Against Democracy'Posted: July 16, 2016 Filed under: Art & Culture, Education, History, Mediasphere, Think Tank | Tags: Alexander Hamilton, Aristotle, Books, Burke, David Harsanyi, Democracy, Founders, James Madison, Plato, Republic, Self Government, Thomas Jefferson, Tocqueville, US Constitution Leave a comment
Democracy may be one of the most admired ideas ever concocted, but what if it's also one of the most harebrained? After many years of writing about democracy for a living, David Harsanyi has concluded that it's the most overrated, overused, and misunderstood idea in political life. The less we have of it the better.
[Order David Harsanyi's book "The People Have Spoken (and They Are Wrong): The Case Against Democracy" from Amazon.com]
"Democracy" is not synonymous with "freedom." It is not the opposite of tyranny. In fact, the Founding Fathers knew that democracy can lead to tyranny. That's why they built so many safeguards against it into the Constitution.
Democracy, Harsanyi argues, has made our government irrational, irresponsible, and invasive. It has left the American people with only two options—domination by the majority or a government that can't possibly work. The modern age has imbued democracy with the mystique of infallibility. But Harsanyi reminds us that the vast majority of political philosophers, including the founders, have thought that responsible, limited government based on direct majority rule over a large, let alone continental scale was a practical impossibility.
In The People Have Spoken, you'll learn:
- Why the Framers of our Constitution were intent on establishing a republic, not a "democracy"
- How democracy undermines self-government
- How shockingly out of touch with reality most voters really are
- Why democracy is an economic wrecking ball—and an invitation to a politics of envy and corruption
- How the great political philosophers from Plato and Aristotle to Burke and Tocqueville predicted with uncanny accuracy that democracy could lead to tyranny
Harsanyi warns that if we don't recover the Founders' republican vision, "democracy" might very well spell the end of American liberty and prosperity.
[VIDEO] Krauthammer: We Either Fight ISIS over There or 'We Will Fight Them Here'Posted: July 14, 2016 Filed under: Breaking News, Crime & Corruption, Diplomacy, France, Religion, Terrorism, Think Tank | Tags: Bastille Day Massacre, Charles Krauthammer, France, ISIS, Islamism, Jihadism, National Review, news, Nice, video Leave a comment
"The pictures are so heartbreaking, and it seems almost impious to comment on them.
But it strikes me — in the nineteenth century, "terrorism" was defined as the "propaganda of the deed," meaning that you made your manifesto, you made your statement, by doing something — usually horrible, by killing people.
But those terrorists, a century and a half ago, could never have imagined how that would work in a day where the telecommunications are instant. That was just a non-official carrying an iPhone who could immediately show the world the deed.
And the other thing — the conjunction of one other horrible development — which is this terror organization that thrives, glorifies brutality. And what it does for them is the idea that you can terrorize your enemy, and you can recruit the more disturbed and sadistic people in the world who want to follow this into their own distorted promised land.
So it has two purposes, which is why it will continue. In the end, what was said ten, fifteen years ago, father 9/11: We have a choice. We have to fight them there, or we will have to fight them here. Obviously, it's happening here."
Read more at The Corner
Essential Hayek: Who is F.A. Hayek?Posted: July 11, 2016 Filed under: Economics, History, Think Tank | Tags: F.A. Hayek, Friedrich Hayek, video Leave a comment
In this video, we provide an overview of Hayek's life, his accomplishments, and the events that influenced his thinking.
Source: Libertarianism.org
John Lott: Obama's False Racism Claims are Putting Cops' Lives in DangerPosted: July 9, 2016 Filed under: Crime & Corruption, Law & Justice, Self Defense, Think Tank | Tags: African American, African American hair, African-American history, Black people, Left Wing, Missouri, Racism, St. Louis, United States 1 Comment
If Obama really cares about poor blacks, he should be more careful getting his facts right.
John Lott writes: Hours before the murders of five police officers in Dallas, Texas, President Obama was again spouting false claims about racism by the police. He sees racism whenever there is any disparity in outcomes, no matter what the cause.
Obama and others inflame passions, but take no responsibility, and instead use events to push for more gun control. Yet, shouting racism can endanger the lives of police officers. The Dallas police chief tells us one of the shooters "wanted to kill white people, especially white officers."
"Blacks consistently report violent crime at a higher rate than whites do. This is true of all income groups and of both suburban and urban areas. This higher rate of reporting is true in areas where blacks face higher violent-crime rates than whites and also when the reverse is true."
After the Trayvon Martin case, there were numerous cases around the country of blacks attacking whites and invoking Martin's name.
Let's not forget that NYPD cops Rafael Ramos and Wenjian Liu were executed by a black man who was angry about the shooting of Michael Brown in Ferguson, Mo.
Obama and his administration spoke out repeatedly on the Martin and Brown cases. They repeatedly claimed racism was involved, but in fact there's no evidence of that in either case.
[Read the full story here, at the New York Post]
Obama is also wrong, as he was on Thursday, to infer racism from higher arrest rates or prison-sentence lengths. "African Americans are arrested at twice the rate of whites," he said. What he failed to note is that blacks commit murder at almost six times the rate whites do.
"Blacks, being the most likely victims of violent crime, are also the most likely beneficiaries of police protection. This makes it especially sad that recent polls show a sharp turn for the worse in relations between blacks and police."
"African-American and Hispanic population, who make up only 30 percent of the general population, make up more than half of the incarcerated population," he added. But Obama ignores the facts put out by his own Department of Justice. The FBI claims that gangs commit 80 percent of crimes in the US, and the National Gang Center estimates that 82 percent of gang members are black or Hispanic.
"Blacks consistently report violent crime at a higher rate than whites do. This is true of all income groups and of both suburban and urban areas. This higher rate of reporting is true in areas where blacks face higher violent-crime rates than whites and also when the reverse is true."
Obama claimed: "[Blacks] receive sentences that are almost 10 percent longer than comparable whites arrested for the same crime." Putting aside questions as to how comparable the crimes are or the criminals' past histories, Obama again leaves out crucial details. Whites are more likely to face other penalties — fines and restitution, loss of professional licenses, and a greater drop in legitimate earnings upon returning to the labor force after prison.
Will Obama be complaining about the "racist" aspects of these other penalties? Read the rest of this entry »
Hillary Clinton Paves the Way For Easy Treason Against AmericaPosted: July 8, 2016 Filed under: Crime & Corruption, Politics, Think Tank | Tags: Bill Clinton, Central Intelligence Agency, Democratic Party (United States), Erroll Southers, Espionage, Federal Bureau of Investigation, Foreign Intelligence Service (Russia), International Spy Museum, KGB, Moscow, National Security Agency, Soviet Union, Washington DC Leave a comment
Fr. Marcel Guarnizo writes: With each passing news day, the scandal deepens around Hillary Clinton's unauthorized removal of U.S. secrets during her tenure as Secretary of State.
The process of this unauthorized extraction of U.S. secrets by Mrs. Clinton makes one thing impossibly clear. This conspiracy was anything but convenient to Mrs. Clinton. Contrary to what she disingenuously claimed, convenience was most definitely not the reason for her actions. To remove Top Secret information and hundreds of other classified documents from the government's care, she had to risk jail and even get others to collude in this process.
For nearly eight months, I observe that the most important question is still not being asked of Hillary Clinton and her partisans. Why was Clinton doing this?
As anyone knows it is impossible for Hillary Clinton to end up with a colossal stash of U.S. national secrets on her personal server by accident. She could not simply email herself most of this information. She had to engage others to do that which put them at obvious risk of breaking the espionage act and ending up in jail. It is absurd that the F.B.I. director Comey and several pundits continue to give her a pass on the absolutely bogus and irrational excuse that it was all done for the sake of convenience.
The real question is why was Hillary Clinton doing this? Here is one theory. She was trafficking in U.S. National Security secrets for personal gain, money. She was also making this information available to Bill Clinton and the Clinton foundation people. Their information being extremely valuable to intelligence services and private corporations was being rewarded through contributions to the Clinton foundation. The Clinton foundation essentially was being used to launder payments for influence and information under the guise of a legitimate charitable purpose.
[Read the full story here, at townhall.com]
The Clinton National Security Scandal is a more accurate name for what is occurring than the cynical euphemism, " The Clinton E-mail scandal." E-mail scandals are a dime a dozen.
Her unprecedented actions are materially no different than the actions of any person (formally charged for espionage), who provides or makes available secrets of the highest caliber to a host of "contributors".
It matters little, that someone trafficking in U.S. secrets may not have been enlisted formally by a foreign government. Trafficking in U.S. National security secrets is exactly what these notorious spies were doing and in this regard it is becoming apparently clear, that Clinton's actions are really all that any mole or spy would have to do to sell or profit from revealing U.S. secrets.
Allegedly the Clinton breach also contained names of our human assets and their methods, endangering thus their lives and indeed making available by her actions the most coveted information sought by foreign intelligence services.
Selling Secretes in the Age of Cyber Space
From a philosophical point of view, the essence of spying and treason (trafficking in U.S. National Security secrets), requires that fundamentally two necessary actions take place:
1. The spy or traitor has to accomplish the removal in an unauthorized manner of sensitive information, classified information, or, even graver, top secret information, from its rightful owner, namely the U.S. government. Indeed Clinton had authority to read the information, she had access. But she certainly did not have the authority to remove top secret information and put it on an unsecured server. Or allow others not authorized, access to U.S. National secrets.
Stealing information, or removing the information from its proper owner (The U.S. government) without proper authorization is half of the operation required for a mole to betray secrets.
Most information mercenaries and spies have licit access to the information, but they certainly do not have permission to remove it or make it their own and certainly they are not allowed to put it on an unsecured servers where the enemies of America can come and collect the information. Read the rest of this entry »
[VIDEO] Mens Rea in 60 SecondsPosted: July 7, 2016 Filed under: Crime & Corruption, Law & Justice, Mediasphere, Think Tank | Tags: Hillary Clinton, James Comey, Koch, Mens Rea Leave a comment
[VIDEO] REWIND 2006: Christopher Hitchens on Thomas JeffersonPosted: July 4, 2016 Filed under: History, Mediasphere, Reading Room, Think Tank | Tags: Christopher Hitchens, Thomas Jefferson Leave a comment
Happy 86th Birthday to Economist Thomas Sowell, One of the Greatest Living EconomistsPosted: June 30, 2016 Filed under: Mediasphere, Economics, Think Tank | Tags: United States, Ronald Reagan, Abraham Lincoln, Milton Friedman, Thomas Sowell, Free market, Capitalism, Nobel Memorial Prize in Economic Sciences, Free to Choose, United Kingdom withdrawal from the European Union, Alex Tabarrok Leave a comment
Mark J. Perry writes: Two of my all-time most favorite economists — Thomas Sowell and Frederic Bastiat – share the same birthday — they were both born on June 30. To recognize Bastiat's birthday today I posted some of his quotes on CD yesterday, and I'll now do the same for Thomas Sowell, who turned 86 today. Here is Thomas Sowell's webpageand here is his Wikipedia entry. Milton Friedman once said, "The word 'genius' is thrown around so much that it's becoming meaningless, but nevertheless I think Tom Sowell is close to being one."
In my opinion, there is no economist alive today who has done more to eloquently, articulately, and persuasively advance the principles of economic freedom, limited government, individual liberty, and a free society than Thomas Sowell. In terms of both his quantity of work (at least 40 books and several thousand newspaper columns) and the consistently excellent and crystal-clear quality of his writing, I don't think any living free-market economist even comes close to matching Sowell's prolific record of writing about economics. Even at 86 years old, Thomas Sowell is still active and writes two syndicated newspaper columns almost every week (one column in some weeks) and recently released his 40th book last fall Wealth, Poverty and Politics: An International Perspective — which amazingly was his 13th book in the last decade! To honor Thomas Sowell's 86 birthday today, I present here 15 of my favorite quotations from Dr. Thomas Sowell and a bonus video:
1. Knowledge. The cavemen had the same natural resources at their disposal as we have today, and the difference between their standard of living and ours is a difference between the knowledge they could bring to bear on those resources and the knowledge used today.
2. Obamacare. If we cannot afford to pay for doctors, hospitals and pharmaceutical drugs now, how can we afford to pay for doctors, hospitals and pharmaceutical drugs, in addition to a new federal bureaucracy to administer a government-run medical system?
[Read the full story here, at Carpe Diem Blog » AEIdeas]
3. Economics vs. Politics I. Economics and politics confront the same fundamental problem: What everyone wants adds up to more than there is. Market economies deal with this problem by confronting individuals with the costs of producing what they want, and letting those individuals make their own trade-offs when presented with prices that convey those costs. That leads to self-rationing, in the light of each individual's own circumstances and preferences.
4. Economics vs. Politics II. The first lesson of economics is scarcity: There is never enough of anything to satisfy all those who want it. The first lesson of politics is to disregard the first lesson of economics." Read the rest of this entry »
[VIDEO] Deirdre McCloskey: What are the Biggest Misunderstandings about Capitalism?Posted: June 29, 2016 Filed under: History, Mediasphere, Politics, Think Tank | Tags: Capital, Capitalism, Equality under the law, Free market, Industrial Revolution, Liberty, Rule of Law, The Enlightenment Leave a comment
What are the biggest misunderstandings about capitalism? Deirdre McCloskey, professor at the University of Illinois at Chicago, argues that contrary to common belief, it's not the amount of capital that has been amassed which sets the last two centuries apart, but rather the explosion of innovation—which in turn has made the capital investment worth it.
Subscribe to AEI's YouTube Channel
[VIDEO] Christina Hoff Sommers & Camille Paglia on Intersectional Feminism and 'Safe Spaces'Posted: June 28, 2016 Filed under: Education, Mediasphere, Think Tank | Tags: Academia, Camille Paglia, Christina Hoff Sommers, Feminism, Safe Spaces Leave a comment
Christina Hoff Sommers and Camille Paglia examine the origins of intersectional feminism and "safe spaces", and discuss Paglia's own interpretations of feminism—what she labeled over the years as "amazon feminism", "drag queen feminism", and "street smart feminism."
This is part three of a nine part series featuring Christina Hoff Sommers and Camille Paglia. The other videos in the series can be found here:
Part 1 – The state of contemporary feminism: https://goo.gl/nRJ0ss
Part 2 – The fight for student liberties: https://goo.gl/dS1QKF
Part 3 – Intersectional feminism and safe spaces: https://goo.gl/cmbj8g
Part 4 – Based Mom and Based Goddess on #Gamergate: https://goo.gl/ZFfuzh
Part 5 – Trigger warnings and the danger of overprotecting students: https://goo.gl/WE29Yc
Part 6 – The "male gaze": https://goo.gl/hRWfhi
Part 7 – Fixing a broken university curriculum: https://goo.gl/pWmpwh
Part 8 – The absence of biology in gender studies: https://goo.gl/QrZQEU
Part 9 – The danger of looking at history through a contemporary political lens: https://goo.gl/D82LYB
Subscribe to AEI's YouTube Channel
[VIDEO] Krauthammer: 'In Ten Years You Could Have a Britain that Is Only Wales and England'Posted: June 26, 2016 Filed under: Diplomacy, Global, Mediasphere, Think Tank | Tags: Brexit, Charles Krauthammer, England, EUROPE, Fox News, Great Britain, media, news, The Corner, video Leave a comment
"This is a problem that began long before the immigration wave. This is a result of what you talked about — the origins of the EU and how the idea, a very utopian idea and successful for a while, as corrupted."
"The idea was, after the two world wars, the worst in human history, they wanted to create something … that would ultimately reconcile Germany and France. That was what began the European Coal Commission, which had to do with simply commerce. And it grew to encompass 28 countries. And it succeeded in the sense that, for the first time in a thousand years, the idea of intra-European war was inconceivable. Nobody could even imagine Germany, France, Italy at war against each other."
"The problem is that the institution that was created to achieve that — and it was a great achievement — became a bureaucratic monstrosity, which tried to add on to the economic union a political union that the people were never asked for. And when they had the referenda, it was rejected and the EU would go around it."
"So it created a super-nationalist institution that suppressed nationalism, which you can only do for so long, and this is the first exit."
"But the one thing I think is that those who revel in this — and I understand why the British wanted to do it; it suppressed and supplanted their own democracy, the most venerable in the world — is that I think it will lead to the breakup f the United Kingdom. Apart from the EU, which I think will inevitably not survive as a result of this."
"But Scotland wants out because it wants to be in the European Union. And think of Northern Ireland — it took decades to figure that out, to reconcile them, and as of today, for Northern Ireland, you can walk into the Republic of Ireland without a passport. It's essentially your country. The minute that Britain leaves the EU, that frontier becomes one where you need a passport. The Northern Irish are going to want to secede and join Ireland."
"We have — I think, in ten years, you could have a Britain that is only Wales and England. I think those who revel in the recovery of the sovereignty of Great Britain could find that it doesn't exist in ten years."
Read more at The Corner


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Posted by Willy Franzen on March 18, 2012. Jobs updated daily.
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I played beach volleyball yesterday. On St. Patrick's Day! And I was hot! No, I didn't go on vacation. Chicago is having an amazing stretch of unseasonably warm weather. The best thing about it is that it gets people out doing what they love because they know that it still could snow again. For me it's volleyball (or fishing if I can escape the city), but for others it may be running, playing with their dog, or riding a bike. Since I saw a ton of bikes yesterday, I thought it would be a good day to take a look at Bike New York. They're a New York, NY based non-profit organization that aims to "promote and encourage bicycling and bicycle safety through education, public events, and collaboration with community and government organizations." Biking is good for cities and good for people, so Bike New York isn't just about biking for biking's sake.
Bike New York has made a name for itself by "producing America's largest cycling event, a 42-mile, traffic-free ride for some 32,000 cyclists known as the TD Bank Five Boro Bike Tour." That will certainly get some attention, but it's the day to day stuff where Bike New York really does its best work. Biker education is extremely important. Most people think that once they've learned to ride a bike they've learned everything they need to know. That may work for casual biking on a separate bike path, but if you're going to bike through a major city like New York, you need to be better prepared. That's why Bike New York offers classes like Savvy Cyclist: Traffic Skills 101, Winter Riding 101, and Bike Maintenance 101. This type of education directly saves lives (and by promoting biking it also saves lives by promoting healthier lifestyles and preventing pollution). If you love what Bike New York is doing, take a look at their Jobs page. Right now they're looking for a Bike Safety School Assembly Instructor, Bike Fleet Manager, a Youth Program Bike Instructor, and a Freelance Class Captain. Take a look at these positions, and then go enjoy the beautiful weather.
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Nikon AF Nikkor 18-35mm f/3.5-4.5D IF ED
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stevesydneyaust • New Member • Posts: 17
Nikon AF Nikkor 18-35mm f/3.5-4.5D IF ED
May 17, 2011 • Review of Nikon AF Nikkor 18-35mm f/3.5-4.5D IF ED
A fantastic wide zoom lens. I bought mine in 2003 and have used it extensively on my F5 as well as F3?T and F3HP and now on my recently purchased D700. Works on them all, and works well.
Does have some interesting distortion, but nothing that is obvious in most real world landscape and architectural photos.
I especially like the ability to "zoom to frame" the shot. I enjoy this lens and the images recorded with it.
While some of the prime wide angles (20mm) do get technically better results, for me the difference is minimal and the benefit of being able to to "zoom to frame", is well worth it.
stevesydneyaust's gear list:stevesydneyaust's gear list
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Wideangle zoom lens • Nikon F (FX) • 1998
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See Jaclyn Floryan's recent post Are My California Pay Stubs Compliant? available on the Jackson Lewis California Workplace Law Blog.
New PAGA Amendments – What Employers Doing Business in California Need to Know
See Kyle Worrell's recent post New PAGA Amendments – What Employers Doing Business in California Need to Know available on the Jackson Lewis California Workplace Law Blog.
Jackson Lewis Class Action Trends Report Summer 2016 Now Available
Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report. This report is published on a quarterly basis by our firm's class action practice group in conjunction with Wolters Kluwer. We hope you will find this issue to be informative and insightful. Using our considerable experience in defending hundreds of class actions over the last few years alone, we have generated another comprehensive, informative and timely piece with practice insights and tactical tips to consider concerning employment law class actions.
Jackson Lewis Class Action Trends Report (Summer 2016)
Employers Gain Support For Additional Defense to Class Actions After Court Denies Class Certification for Union Members in Light of "Individualized Questions" Necessary To Resolve Claims
Employers recently gained support for one of their defenses to class claims, and in a case against a union no less, after a federal court in Illinois found that union members' claims may require individualized questions and therefore were not appropriate for class treatment. See Riffey v. Rauner, et al., 10-cv-02477 (N.D. Ill. June 7, 2016).
The dispute stemmed from SEIU Healthcare Illinois & Indiana's practice of deducting "fair share" union dues from home health aides' Medicaid reimbursements. Previously, SEIU received more than $32 million in dues from approximately 80,000 current and former home health aides from 2008 to 2014. However, in 2014, the Supreme Court declared that the collection arrangement was unconstitutional as a violation of individuals' First Amendment rights. It held the health aides and child-care workers weren't "full-fledged" public employees and couldn't be compelled to pay dues to a union recognized by the state as their bargaining agent. See Harris v. Quinn, 134 S. Ct. 2618 (2014).
Based upon the ruling in Harris, a prospective class action was created in which workers sought to claw back the $32 million paid to SEIU. The plaintiffs moved for class certification under Rule 23. The Court denied the motion, stating that certification was not appropriate because the plaintiffs sought to represent thousands of union members who supported SEIU and would have voluntarily paid their "fair share" dues. Additionally, the Court determined that too many individualized questions existed, such as the fact a large percentage of the prospective class likely was not injured by the conduct, and for those that were harmed, individualized determinations predominated over common questions. As a result, the Court ruled class certification was inappropriate. Plaintiffs have stated they plan to appeal this decision to the Seventh Circuit Court of Appeals.
While the ultimate outcome of this case is yet to be determined, this decision highlights the importance of fighting overbroad class definitions when defending class actions, especially when dealing with potentially thousands of class members. Although unionized employers still need to meet their requirements under the applicable collective bargaining agreement, employers can use this case when defending against class certification for the proposition that certification should be denied because, even if all class members are in the same union, all union members "are not equal" and may not suffer the same injury based upon a common policy or procedure. Watch this space for further developments.
Department of Labor's New Overtime Final Rule Carries Class Action Risk
The U.S. Department of Labor's new Final Rule as to the Fair Labor Standards Act's "white collar" exemptions to overtime could open employers up to class action liability as previously exempt employees fail to meet new salary requirements.
On May 18, 2016, President Obama and Secretary of Labor Thomas Perez announced the Department of Labor's publication of a new Final Rule governing overtime under the executive, administrative, and professional exemptions to the FLSA's overtime provisions—commonly referred to as the "white collar" exemptions. Readers interested in the finer details of the Final Rule should review the Jackson Lewis Wage and Hour Practice Group's post on the subject.
In brief summary, the new Final Rule, which becomes effective on December 1, 2016, more than doubles the required salary threshold for the white collar exemptions to apply, increasing the annual salary threshold from $23,660 ($455 per week) to $47,476 ($913 per week). The Final Rule also raises the minimum threshold for an employee qualify under the "highly compensated employee" exemption from $100,000 to $134,004 in total annual compensation. Per the terms of the Final Rule, these thresholds will be automatically adjusted every three years.
These changes will effectively "un-exempt" large swathes of employees nationwide—the Department of Labor estimates over four million in the first year. As a result, following the effective date of the Final Rule, larger employers may be particularly vulnerable to class actions filed by employees who have been rendered non-exempt by the new salary thresholds. Lower level managers, administrative employees, and other professionals working for larger nationwide employers may be ripe for class certification where the common issue affecting all potential class members would be the simple question of whether each employee earns enough compensation to meet the new requirements.
Given these new developments, employers would be well-served to engage in wage and hour audits to identify possible exposure and review potential courses of action to address the issue before the Final Rule goes into effect.
The Jackson Lewis Wage and Hour Practice Group has published a useful webinar as to the Final Rule, which can be found here. Employers seeking advice should contact the Jackson Lewis attorney with whom they regularly work for further information.
Supreme Court Review Likely After Seventh Circuit Creates Split on Class and Collective Action Waivers
Setting the stage for U.S. Supreme Court review, the U.S. Court of Appeals for the Seventh Circuit has held that arbitration agreements that prohibit employees from bringing or participating in class or collective actions violate the National Labor Relations Act. Lewis v. Epic Systems Corp., No. 15-cv-82-bbc (7th Cir. May 26, 2016). This holding is contrary to that of the Second, Fifth, Eighth, and Ninth Circuit Courts of Appeals.
For complete information about the decision and a summary of its potential implications for employers, click here.
Fourth Circuit Allows Casino Workers to Proceed With Putative Class and Collective Action For Unpaid Training Time at "Dealer School"
The Fourth Circuit recently decided in Harbourt v. PPE Casino Resorts Maryland, LLC that casino workers may proceed with a putative class action alleging that their unpaid attendance at a Maryland casino's "dealer school" violated the Fair Labor Standards Act ("FLSA") and Maryland wage laws.
Plaintiffs alleged that the Casino advertised for dealer positions after Maryland authorized the operation of table games. The Casino invited approximately 830 applicants, including the named plaintiffs, Claudia Harbourt, Michael Lukoski and Ursula Pocknett, to attend a free twelve-week "dealer school" to be "held in conjunction with Anne Arundel County Community College" and aimed at teaching them "how to conduct table games" at the Casino.
The dealer school was scheduled for twenty hours per week over twelve weeks. Plaintiffs alleged that the advertised community college had no involvement in the school and the Casino authored the materials and provided the instruction. Attendees completed new hire paperwork, submitted to a drug test and provided the Casino with information to conduct background checks required for the attendees to obtain gambling licenses.
Plaintiffs Harbourt and Pocknett attended the dealer school for eight and eleven weeks, respectively, and were not paid for their attendance. Plaintiff Lukoski attended the dealer school for the full twelve weeks and began working as a dealer at the Casino. He received minimum wage of $7.25 per hour for the last two days of his attendance at the dealer school.
Plaintiffs filed a putative class and collective action lawsuit asserting violations of the FLSA and Maryland wage laws claiming their time spent at the dealer school was compensable. The district court granted the Casino's motion to dismiss, finding that Plaintiffs "failed to show that the primary beneficiary of their attendance at the training was the Casino rather than themselves" and therefore the time spent at the dealer school was not compensable.
Decision on Appeal
The Fourth Circuit reversed, finding that Plaintiffs sufficiently alleged that those who attended the training school were employees performing "work" for the Casino within the meaning of the FLSA and Maryland wage and hour laws. The Court relied on the Plaintiffs' allegations that the Casino received an immediate benefit in a trained workforce of over 800 dealers, "the training was unique to the Casino's specifications and not transferrable to work in other casinos" and attendees were paid minimum wage for the last two days of the dealer school, which suggested that the Casino considered the attendees working for at least those two days. The Fourth Circuit also found sufficient allegations to conclude that the Casino "conceived or carried out" the dealer school in an effort to avoid paying minimum wage by advertising that the school was associated with a community college, when in fact the college had no involvement.
While the Fourth Circuit did not express an opinion about the likelihood of Plaintiffs' success on the merits and noted that "[t]he fact that table games were not in operation during the training well may prove an insurmountable obstacle[,]" Harbourt is an important reminder for employers that training may constitute compensable time under the FLSA and state wage and hour laws, particularly where the primary purpose of the training is to benefit the employer.
Ninth Circuit Affirms Dismissal of Wage-Hour Class Action Where Employees Could Edit Their Own Time Entries
In a case that could be of significant benefit to employers in California and elsewhere around the country, the Ninth Circuit Court of Appeals recently affirmed a ruling that plaintiffs failed to satisfy the "commonality" requirement essential to a collective action on their wage-hour claim where they had the authority to edit the time entries that served as the basis for their claim. Coleman v. Jenny Craig, Inc., 2016 U.S. App. LEXIS 7164 (April 6, 2016).
Plaintiff Hashonna Coleman brought suit against Jenny Craig, Inc. on behalf of herself and other current and former employees for alleged violations of the Fair Labor Standards Act ("FLSA") and various California Labor Code sections providing for overtime payments and premiums for failure to provide or pay for meal and rest periods. With respect to the proposed Meal and Rest Break Class, Coleman alleged that Jenny Craig had a common practice of forcing hourly employees to miss meal breaks or take short or late meal breaks, and that the payroll system only paid the (California) required premium when employees' timecards showed an entirely-missed meal break.
The evidence showed that Jenny Craig's uniform compensation system was not programmed to automatically pay employees the premiums for short or late lunches, because employees were able to submit time edit requests for premiums whenever their meal breaks were short or late. The district court concluded that this feature of the Company's payroll system did not amount to a policy or practice of non-payment of premiums for short of late lunches, because employees themselves could edit and correct any time entries they believed did not accurately reflect their hours worked. The district court concluded that the plaintiffs did not satisfy the "commonality" requirement for class certification and therefore it denied Plaintiff's motion to certify a class.
The Ninth Circuit affirmed the lower court's ruling and held that, for Coleman to show commonality on her claims, she must show a common practice of Jenny Craig to force employees to take short or late meal breaks, but that a common practice of simply not paying wage premiums, standing alone, is insufficient to show commonality under the FLSA and California statutes. Since the lower court found that Jenny Craig did not have a common practice of forcing employees to take short or late meal breaks, the Ninth Circuit held that the court was correct in finding that Coleman had not proven the existence of a common practice necessary to maintain a class claim.
The pivotal fact upon which the class certification question turned for the Ninth Circuit was that employees had the opportunity to edit their own time entries to ensure that they were paid for time worked if they had short or late meal breaks. Any employer with a time keeping system which provides employees the opportunity to review, edit and certify their time entries will arguably be in a position to assert that fact as a defense to any collective action wage claims they may face.
Employers Beware of Phishing Scams
On April 20, 2016, a class action lawsuit was filed in the United States District Court, Southern District of California against Sprouts Farmers Market, Inc. The lawsuit was initiated by a former employee whose W-2 was allegedly disclosed as part of a phishing scam that occurred in late March 2016 amid reports that Sprouts' employees had their IRS tax refunds stolen. According to the complaint, the W-2s of Sprouts' employees were disclosed to a third party as a result of the phishing scam.
This sort of internet scam, referred to as "phishing," occurs when someone attempts to acquire sensitive or confidential information under the guise of a legitimate request. For the average internet user, phishing scams often come in the form of a fake email from a bank or other financial institution asking you to click on a link to confirm your password on a web site that looks like a legitimate web site for the business. The fake web site often uses the actual logos and branding from a legitimate site to trick the user.
In this case, the complaint alleges an email was sent to an employee in the payroll department asking for the W-2s of all Sprouts' workers by a Sprouts executive. The employee responded to the email sending the W-2s of approximately 21,000 Sprouts employees. Unfortunately, Sprouts later discovered that the original email requesting the information was not legitimate, and notified the authorities.
The class action complaint alleges that Sprouts was negligent in its protection of private employee information, violated California Civil Code sections 1798.80 et seq. (including California's data breach law), and engaged in unfair business practices in violation of California Business and Professions Code section 17200. The complaint alleges that while Sprouts offered credit monitoring services for 12 months for the impacted employees, the service chosen did not protect against identity theft, and only notifies the consumer after identify theft or other fraudulent activity has occurred. The complaint also alleges that Sprouts had "lax" security procedures for its employee data, and concealed that fact from its employees.
This case highlights the necessity that employers have protocols in place to protect employee information, and the risks associated with not having such protocols in place.
Facebook Files Motion to Dismiss Birthday Text Messages Class Action
Facebook, Inc. ("Facebook") recently filed a motion to dismiss class action claims alleging that Facebook sent unsolicited text messages to users containing birthday announcements in violation of the Telephone Consumer Protection Act ("TCPA"). The TCPA generally restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment, and limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages and fax machines.
Plaintiff Colin Brickman filed a putative class action on February 12, 2016, "to stop Facebook's practice" of sending unsolicited and unauthorized text messages announcing that it is a Facebook friend's birthday and stating "[r]eply to post a wish on his timeline or reply with 1 to post 'Happy Birthday!'" A copy of the Complaint is available here. Plaintiff alleges that these text messages are in violation of individuals' statutory and privacy rights and, further, that individuals are paying to receive messages that were sent without their prior express consent (this latter argument would only be applicable to consumers that do not have an unlimited text messaging cell phone plan). The benefit to Facebook, plaintiff alleges, is significant, as the messages encourage interaction among users on its site, and any time its users interact the company earns revenue.
In its motion to dismiss, Facebook argues that (1) plaintiff fails to plausibly allege that Facebook sent the birthday text message with an "automatic telephone dialing system," as defined by 47 U.S.C. §227(a)(1), (2) plaintiff provided express consent to receive calls from Facebook, and (3) the TCPA violates the First Amendment on its face as applied to the birthday text message at issue. Facebook states in its motion that plaintiff brought a putative class action under a statute that protects against mass telemarketing and spam, however plaintiff gave Facebook his cell phone number and received personalized messages regarding his friends, in contrast to the mass communications that the TCPA intends to prohibit. Further, Facebook argues that plaintiff consented to receiving birthday messages by providing the company with this wireless number. "Unlike cases involving 'recycled phone numbers' or other cases involving disputes over whether a plaintiff provided his phone number, plaintiff's admission makes this a textbook case of prior express consent," Facebook said. Facebook also argues that, if the Court does find the TCPA applicable to the birthday text messages at issue, the Court should find the statute itself in violation of the First Amendment on the basis that it's a content-based restriction of speech that cannot survive strict scrutiny.
In its motion Facebook also questions whether plaintiff has sufficient standing under Article III to assert a TCPA claim since plaintiff alleges that "individuals frequently pay their cell phone service providers for the receipt of . . . unwanted texts," yet fails to allege that he pays for receipt of each of his text messages (as opposed to having an unlimited text messages cell phone plan, in which case he would not have suffered any economic harm). Facebook cites to the pending Spokeo, Inc. v. Robins case, pending before the Supreme Court, to support this argument. See more here. If the Facebook complaint survives dismissal and the suit proceeds, plaintiff can seek $500 per violation, i.e. each text message, or $1,500 per violation if plaintiff can show a willful violation. A copy of Facebook's pending motion can be found here.


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Cooper Dual Language Academy
St Pius Church
The Romanesque revival-style church was built between 1885 and 1892 and was a hub for the city's Irish immigrants. Its smooth masonry...
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Thalia Hall
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Cooper Dual Language Academy information
Check out the exterior wall of this school, the canvas for a 1990s tile mosaic that shows a diverse range of Mexican images, from a portrait of farmworker advocate Dolores Huerta to the Virgin of Guadalupe.


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|By Marketwired .
Article Rating:
|March 4, 2014 11:30 AM EST
PLEASANTON, CA -- (Marketwired) -- 03/04/14 -- ServiceMax, the leading field service management solution for a new era of business, today announced that it has closed $71 million in Series E financing. The round was led by Meritech Capital with significant participation by Kleiner Perkins Caufield & Byers, as well as new investors Cross Creek Advisors, QuestMark Partners, Sozo Ventures, as well as existing investors Emergence Capital Partners, Mayfield Fund, Trinity Ventures, Crosslink Capital, Adams Street Partners, and salesforce.com.
The investment serves as a strong endorsement of both field service as an industry and the software needed to power a modern field service organization. ServiceMax helps more than 300 customers across the globe perfect field service delivery, drive growth, and delight customers in industries spanning from oil and gas and medical device to telecommunication and utilities. ServiceMax has seen record-breaking growth in customers and revenue, while expanding global operations into Europe. The company will use the new financing to further scale all areas of its business including product, global expansion, and sales.
"Field service is a massive and growing industry that has been largely ignored by the major waves of business technology in the past 30 years," said ServiceMax CEO Dave Yarnold. "Our mission is to change history by literally putting ServiceMax into the hands of the tens of millions of service technicians across the globe who keep the world running. Every day our customers show us astonishing business impact that validates we're on the right course to create the standard technology platform for becoming that platform for an entire industry."
ServiceMax is growing at a breakneck pace with triple digit growth in revenue, bookings, and pipeline. The company added more than 100 customers last year alone, including Kodak Alaris, ArjoHuntleigh, and Canon U.S.A., Inc.
In a recent survey, ServiceMax customers reported a 22 percent increase in service revenue on average as well as a 14 percent reduction in costs associated with field service. Customers also saw:
- Increased productivity through mobile by 26 percent
- Increased first time fix rates by 19 percent
- Decreased average-time-to-repair by 19 percent
Such results strongly underscore that ServiceMax is changing the economics of perfecting service and quickly establishing itself as a transformative and essential solution for modern field service.
"The demand for software that can make sense of field service's moving parts cannot be overstated," said Rob Ward, managing director at Meritech Capital. "No other company offers an end-to-end, cloud-based solution that delivers the right data to the right people at the right time. ServiceMax has the opportunity to be the Kleenex of field service, synonymous with an entirely new category of software aimed at one of the largest markets in the world."
"Field service management software is an estimated $15 billion industry, and ServiceMax can be the standard," said Kleiner Perkins Caufield & Byers partner David Mount. "The field service industry is everywhere. Every machine in a home, office, or hospital that needs to be installed, maintained, or repaired requires field service. By taking advantage of developments in cloud, social, and mobile technology, ServiceMax has become an indispensable partner to field service organizations globally."
About ServiceMax
There are more than five million field service technicians in the United States alone, yet today there is no standard technology for managing the way companies of all types and stripes empower them to truly delight their customers in the field. ServiceMax is rethinking field service and delivering on the promise of cloud and mobile software, powering a new era of field service experiences for their customers' customers. The impact of ServiceMax is simple: lower costs, greater efficiency, happier customers; all while increasing revenue. ServiceMax has helped customers on average increase productivity through mobile by 26 percent, service revenue by 22 percent, and customer satisfaction by 15 percent. ServiceMax customers include large enterprises such as Electrolux, Coca-Cola Enterprises, and Elekta, and smaller businesses like McKinley Equipment and Kinetico. Based in Pleasanton, California, they are a company of innovators, thinkers, and doers who care passionately about changing the world of field service. To learn more, please visit www.servicemax.com.
ServiceMax Media Contact:
LaunchSquad for ServiceMax
press [at] servicemax [dot] com
SYS-CON Events announced today that Venafi, the Immune System for the Internet™ and the leading provider of Next Generation Trust Protection, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Venafi is the Immune System for the Internet™ that protects the foundation of all cybersecurity – cryptographic keys and digital certificates – so they can't be misused by bad guys in attacks...
Jul. 29, 2016 09:45 AM EDT Reads: 1,456
The cloud market growth today is largely in public clouds. While there is a lot of spend in IT departments in virtualization, these aren't yet translating into a true "cloud" experience within the enterprise. What is stopping the growth of the "private cloud" market? In his general session at 18th Cloud Expo, Nara Rajagopalan, CEO of Accelerite, explored the challenges in deploying, managing, and getting adoption for a private cloud within an enterprise. What are the key differences between wh...
Jul. 29, 2016 09:45 AM EDT Reads: 2,120
For basic one-to-one voice or video calling solutions, WebRTC has proven to be a very powerful technology. Although WebRTC's core functionality is to provide secure, real-time p2p media streaming, leveraging native platform features and server-side components brings up new communication capabilities for web and native mobile applications, allowing for advanced multi-user use cases such as video broadcasting, conferencing, and media recording.
Jul. 29, 2016 09:45 AM EDT Reads: 1,019
In his session at Cloud Expo, Robert Cohen, an economist and senior fellow at the Economic Strategy Institute, will provide economic scenarios that describe how the rapid adoption of software-defined everything including cloud services, SDDC and open networking will change GDP, industry growth, productivity and jobs. This session will also include a drill down for several industries such as finance, social media, cloud service providers and pharmaceuticals.
Jul. 29, 2016 09:07 AM EDT Reads: 241
Security, data privacy, reliability, and regulatory compliance are critical factors when evaluating whether to move business applications from in-house, client-hosted environments to a cloud platform. Quality assurance plays a vital role in ensuring that the appropriate level of risk assessment, verification, and validation takes place to ensure business continuity during the migration to a new cloud platform.
Jul. 29, 2016 08:00 AM EDT Reads: 445
SYS-CON Events announced today the Kubernetes and Google Container Engine Workshop, being held November 3, 2016, in conjunction with @DevOpsSummit at 19th Cloud Expo at the Santa Clara Convention Center in Santa Clara, CA. This workshop led by Sebastian Scheele introduces participants to Kubernetes and Google Container Engine (GKE). Through a combination of instructor-led presentations, demonstrations, and hands-on labs, students learn the key concepts and practices for deploying and maintainin...
Jul. 29, 2016 07:45 AM EDT Reads: 963
Aspose.Total for .NET is the most complete package of all file format APIs for .NET as offered by Aspose. It empowers developers to create, edit, render, print and convert between a wide range of popular document formats within any .NET, C#, ASP.NET and VB.NET applications. Aspose compiles all .NET APIs on a daily basis to ensure that it contains the most up to date versions of each of Aspose .NET APIs. If a new .NET API or a new version of existing APIs is released during the subscription peri...
Jul. 29, 2016 07:30 AM EDT Reads: 1,001
StackIQ has announced the release of Stacki 3.2. Stacki is an easy-to-use Linux server provisioning tool. Stacki 3.2 delivers new capabilities that simplify the automation and integration of site-specific requirements. StackIQ is the commercial entity behind this open source bare metal provisioning tool. Since the release of Stacki in June of 2015, the Stacki core team has been focused on making the Community Edition meet the needs of members of the community, adding features and value, while ...
Jul. 29, 2016 07:30 AM EDT Reads: 574
There will be new vendors providing applications, middleware, and connected devices to support the thriving IoT ecosystem. This essentially means that electronic device manufacturers will also be in the software business. Many will be new to building embedded software or robust software. This creates an increased importance on software quality, particularly within the Industrial Internet of Things where business-critical applications are becoming dependent on products controlled by software. Qua...
Jul. 29, 2016 07:15 AM EDT Reads: 1,632
In addition to all the benefits, IoT is also bringing new kind of customer experience challenges - cars that unlock themselves, thermostats turning houses into saunas and baby video monitors broadcasting over the internet. This list can only increase because while IoT services should be intuitive and simple to use, the delivery ecosystem is a myriad of potential problems as IoT explodes complexity. So finding a performance issue is like finding the proverbial needle in the haystack.
Jul. 29, 2016 06:45 AM EDT Reads: 2,364
"We host and fully manage cloud data services, whether we store, the data, move the data, or run analytics on the data," stated Kamal Shannak, Senior Development Manager, Cloud Data Services, IBM, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jul. 29, 2016 05:00 AM EDT Reads: 1,431
DevOps at Cloud Expo – being held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the world's largest enterprises – and delivering real results. Am...
Jul. 29, 2016 04:45 AM EDT Reads: 2,366
Machine Learning helps make complex systems more efficient. By applying advanced Machine Learning techniques such as Cognitive Fingerprinting, wind project operators can utilize these tools to learn from collected data, detect regular patterns, and optimize their own operations. In his session at 18th Cloud Expo, Stuart Gillen, Director of Business Development at SparkCognition, discussed how research has demonstrated the value of Machine Learning in delivering next generation analytics to imp...
Jul. 29, 2016 04:45 AM EDT Reads: 2,567
With the proliferation of both SQL and NoSQL databases, organizations can now target specific fit-for-purpose database tools for their different application needs regarding scalability, ease of use, ACID support, etc. Platform as a Service offerings make this even easier now, enabling developers to roll out their own database infrastructure in minutes with minimal management overhead. However, this same amount of flexibility also comes with the challenges of picking the right tool, on the right ...
Jul. 29, 2016 04:30 AM EDT Reads: 1,413
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Digital Transformation, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportuni...
Jul. 29, 2016 04:15 AM EDT Reads: 2,679


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