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Finally, you can understand her! If you're like most men, you've burned up lots of energy trying to figure out what a woman wants, what makes her tick, and how to make her happy. The good news: success is simpler than you thought. In their groundbreaking classic, For Men Only, Shaunti and Jeff Feldhahn reveal the eye opening truths and simple acts that will radically improve your relationship with the woman you love.
For example:
Now updated with the latest scientific research to explain the fabulous female brain plus an all-new chapter that shows how to decode her most baffling behavior, For Men Only is your roadmap to making her happy.
PLEASE NOTE: When you purchase this title, the accompanying reference material will be available in your My Library section along with the audio.
Download the accompanying reference guide.
©2013 Multnomah Books; Har/Bklt R edition (P)2013 Oasis Audio
"Shaunti and Jeff have unearthed a treasure chest of insights - eye opening and life changing." (Andy Stanley, Senior Pastor, North Point Community Church)
There are no listener reviews for this title yet.
"Must Read for Men"
more gradifing relationship
The book goes over all major problems that men have in a relationship with women.
Under standing how the women you love , LOVES you
"Really helpfull!"
Its,great to find a book that really tell how it is to men. I noticed changes in my husband already. Every man needs to read this.
"Great and valuable info"
This book really helped me understand my wife better. The reason she acts the way she does and what she desires from me as her husband. I'm not only much more understanding and considerate to how she feels and behaves but I am also much more effective on how I respond and fulfill her needs.
"Awesome!! Must read for all couples;)"
Yes, because most men do not want to sit down and read a book, ok I should not say most. But my man, is busy with work and is not the type to sit down and read a book. I suggest the audio version, for this reason. Plus I love the fact that we can listen together and talk about it as we are listening. I have owned the printed copy of both and I lost the for men only one, I still have the for women only, and we are both just starting to through the process of learning about each other again. I have to say that after a sneer peak at for men only it was like (OMG) if the for women only is only half this accurate we have hit gold... Thank you Jeff and Shaunti for the time and effort you both made to create such an important part of what I believe will save many marriage.. God bless
The FACTS! Everything is spot on!
I really think that the "window open" "window close" section was dead on.. Perfect chapter
Live it, love it, listen over and over! This is my suggestion! If your spouse cares about you and your relationship listening to this book will be very easy..
"Life changing"
Have your husband read "For Men Only" and the wife reads "For Women Only" at the same time. These books do a fantastic job of telling us bluntly what we are not understanding about the opposite sex. You will have so many ah-ha! moments while reading this. It completely changed our marriage. My husband I have not fought since we read these books about 4 months ago because we have such a better understanding of eachother.
"wish I would've read it 16 years ago!!"
Open my eyes to see her needs. Putting these principles to work how fast my wife has responded to me
Wish I read this 20 years ago. I have many things to work on in my marriage based on this book. Exciting
"A read for all men!!"
I would recommend it to all the men I know!! especially the ones in relationships!
"Best marriage book series I've read"
This book, as well as For Women Only, are the best marriage books I've read. They've really helped both me and my wife understand each other much better. I can't recommend these books enough.
"Great and easy to hear."
If you want insight or just a reminder, this book is for you. The author gives you insight into how women are and how men can be without judging but from the perspective of your woman.
I already put some of the principles into motion and she was happy. It was how I was feeling but learned a way to communicate it better to her. Great book
Report Inappropriate Content
If you find this review inappropriate and think it should be removed from our site, let us know. This report will be reviewed by Audible and we will take appropriate action.


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Kirsch's Publishing Law Update "Fair Use" in A
« Back to Independent Articles
Jonathan Kirsch, a publishing attorney based in Los Angeles, is general counsel of the Independent Book Publishers Association and a recipient of its Benjamin Franklin Award for excellence in publishing.
The so-called "Fair Use Doctrine" under the Copyright Act permits the use of copyrighted material without the permission of the copyright owner, but only under certain narrow circumstances. Because the doctrine generally arises as a defense to a claim of copyright infringement, it is impossible to know in advance whether or not any given use of copyrighted material is fair use—a publisher who relies on the Fair Use Doctrine and is sued for infringement will find out if he or she guessed right only after a trial on the merits!
For that reason, it is especially illuminating to consider how the Fair Use Doctrine has been applied in lawsuits that actually go to trial. And one recent case, Baraban v. Time Warner, is especially encouraging to publishers who choose to reproduce a copyrighted work under the Fair Use Doctrine, at least when they do so for the classic fair-use purposes of "commentary and criticism."
The plaintiff in the case is Joe Baraban, a professional photographer whose work was used in an advertisement by the United States Council for Energy Awareness to promote nuclear power. The defendant is Time Warner, publisher of the book Trends 2000 by Gerald Celente. In Trends 2000, the Council's advertisement was reproduced to illustrate a chapter on the perils of nuclear power. The advertisement, seeking to reassure its readers about the safety of nuclear energy, featured an idyllic scene captured by the photographer—a woman and a cow gambolling happily in a field of clover under a bright blue sky dappled with white clouds.
Significantly, the advertisement carried a copyright notice in the name of the US Council for Energy Awareness, and when the publisher tried to contact the advertiser to request permission to reproduce the ad, the publisher discovered that the organization was no longer in existence. So the publisher used the advertisement without formal permission, relying instead on the Fair Use Doctrine. When the book came to the attention of the photographer, he sued for copyright infringement. A federal trial court in New York, however, ruled that the reproduction of the advertisement in Trends 2000 was fair use and granted summary judgment in favor of the publisher.
Whether or not a particular use of copyrighted material is fair use depends on the application of several different tests, none of which is controlling in itself. One of the tests under the Fair Use Doctrine, for example, focuses on the "amount and substantiality" of the copyrighted material that has been used without permission—the use of a small portion of a copyrighted work is more likely to be regarded as fair use than the use of most or all of the same work. Another test is whether the copyrighted material was used in a publication undertaken for "commercial" or "nonprofit educational" purposes—a finding of fair use is more likely when no profit motive is involved.
Under these tests, we might have expected the publisher to fare badly in the Baraban lawsuit. After all, the publisher reproduced the copyrighted advertisement in its entirety and did so in a trade book that was sold for profit. But the Court gave the greatest weight to yet another fair-use factor, that is, the "purpose and character" of the book in which the copyrighted advertisement was reproduced. The Fair Use Doctrine strongly favors "criticism, comment, news reporting, teaching, scholarship, or research"—and the Court was persuaded that the advertisement was reproduced in Trends 2000 for the purpose of illustrating and then commenting upon the ways in which nuclear power is promoted by its advocates.
"The reproduction in a book of a photograph used in a political advertisement," the Court concluded, "was a fair use because it constituted commentary on the message of the advertisement."
It's Electronic – But Is It Publishing?
Strictly speaking, online publishing is not really publishing at all, at least according to the procedures of the Copyright Office and the Patent and Trademark Office.
Publication, according to the classical legal definition, means the making and distribution of copies of a work. If, however, a work is merely made available over the Internet for display on a computer monitor, then no copy has been made and distributed, and as a technical matter, no publication has taken place.
What are the practical consequences of these distinctions? The Copyright Office regards a work of authorship that is made available only online and not in any other medium as unpublished, and it must be registered as an unpublished work. Similarly, the Patent and Trademark Office regards a book or periodical that is made available only online as a service rather than product, and thus the logo or other mark used by the publisher of an online periodical is registered as a service mark rather than a trademark.
Copyright and trademark protection is still available to publishers who "publish" online, but care must be taken to use the proper terminology, classifications, and procedures in order to register copyrights and trademarks in such work.
A Victory for Vigilant Photographers
Copyright registration of photographs will be cheaper, easier, and faster under a new procedure proposed by the Copyright Office.
Under the current procedure, a separate application is required for registration of each separately published photograph, a rule that makes it so expensive and burdensome to register photographs in quantity that some photographers simply do not bother to register until they are prepared to make a claim of copyright infringement.
Under the proposed new procedure (if and when formally adopted by the Copyright Office), all photographs taken by a single photographer and published in the same calendar year could be registered under a single group registration.
Since photographers are already especially vigilant about the misuse of their work—as some publishers, including Time Warner, have learned from firsthand experience!—the new procedure will encourage the registration of photographs and thus strengthen the legal remedies that an aggrieved photographer can bring to bear against a publisher for the alleged misuse of a photograph.
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subset: commoncrawl


text:
At French bistros, I tend to fall for the crusty bread and salads that by some ancient alchemy are usually perfect. At Daniel Boulud's db Bistro Moderne, it goes way beyond a carbs-and-greens crush. The new restaurant at the JW Marriott Marquis Miami had me swooning all the way to the warm, sugar-dusted madeleines. Young executive chef Jarrod Verbiak, who has worked under the D man for more than eight years, knows his stuff.
Lest anyone think this is a casual affair, the so-called bistro is about as formal a dining experience as can be had in this flip-flop-shod city by the sea. Diners are greeted by appellation and promptly seated in one several dining rooms with soaring ceilings, warm lighting and cozy booths. The young staff can range from blasé to overly attentive, especially if you happen to be the restaurant critic for the local paper and get outed. We wondered throughout one three-hour meal why the staff was so solicitous; then we saw our bill, labeled in bold letters "VICTORIA CRITIC."
Ambience: The crisply starched look with plush upholstery is more 1950s country club than cool. Maybe the discordant clang of techno music blasting from the speakers is meant to loosen things up.
What Worked
What Didn't Work


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Bus from Fuerth to Lausanne and return
Find cheap coach tickets for your bus journey from Fuerth to Lausanne and back
You want to travel for less? You're looking for an intercity bus line from Fuerth to Lausanne? Have a look on our webpage, we'll help you catching the intercity bus that suits you perfectly. Compare all the durations, prices, times, routes and comfort features on CheckMyBus and decide yourself, which coach company you'll take. Eurolines Germany is currently offering its services on this route.


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Keryx Biopharmaceuticals said its experimental drug Zerenex achieved the primary goal of a Phase II trial involving chronic kidney disease patients with iron deficiency anemia and high serum phosphorus levels who are not on dialysis. The drug significantly reduced patients' serum phosphorus levels after 12 weeks of therapy compared with placebo and raised the percentage of iron available to make red blood cells. "The results show for the first time a significant benefit in both decreasing phosphate levels and a benefit in iron storage parameters and hemoglobin," analyst Reni Benjamin said.
Full Story:Reuters


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Written on: 19/06/2014 by Forsythef433 (1 review written)
This was the first purchase I have made from GolfBidder. I knew what I wanted and if in that position again, I cannot see me ever buying a new club again.
What came was in the condition described on the website and so I was not in any way disappointed. Even more satisfying is that the club works as well as I had hoped, if not slightly better! It has definitely encouraged me to think about looking at one or two other clubs such as wedges, rescue clubs etc It may be more difficult to settle on a full set of irons though without being able to try them first.
As rated by our community of reviewers
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" Do not buy.. no goods, just take your money.. " Read More
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'Charles Bridge' Dangle Charm
One of Prague's pride and joys, the historic Charles Bridge, is intricately molded from bright sterling silver and swings from an engraved slide bead. This detailed PANDORA charm is a great way to commemorate your heritage or fond travel memories of the Czech Republic. Learn More


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Clearsounds A1600ebt Landline Phone Reviews
I purchased a product based on the Frontgate description on their website.When the product arrived and I determined that it was not what the website described, and that I could not use the product, I sought to return it. A review of their return policies showed that the shipping costs associated with returning the item would be half the cost of the original item, an item that I had already paid for shipping to my business. Also, whether or not a...Read more
I didn't like
- Deceptive advertising and promotions
- Deceptive advertising
- Returns policy and costs are ridiculous
#927350 by edhimself


text: DAYMARES They say silence is golden why am I not rich? I spend some dayz meeting people and going places that don't exist (Only in my mind) most people say it's silly and just a waste of time what then is living? No matter what path you take or how many different things you do what goals you accomplish, what bragging rights you gain what medals you've earned, it all ends the same everything will end when we draw our last breath doesn't it make sense then, to use wisely the time you have left? Why fill your life with material objects that will mean nothing to you after you're gone? Money doesn't make the world go round Money makes the world go in circles I wonder why I don't love money is it because money doesn't love me? All I want is to be happy Money doesn't buy happiness Money only provides you with a means to find replacements for happiness, something to distract you and make you forget you're not really happy, meanwhile making you hollow on the inside Love makes me happy money doesn't buy love money buys drugs and alcohol so you can find temporary comfort in the arms of another who's trying to do the same thing as you Memories are the square root of happiness How can you make memories if you don't remember the night before? If money doesn't buy love or happiness why would I want more than I need? I only want enough to live comfortably money doesn't make the man money makes the man forget what being a man is. Money and politics kill more people than death in itself Killing is a crime War is killing Politics start wars Is political war a good enough reason to take thousands of lives? How can we kill millions over land and resources that were never ours anyway? It doesn't seem fair to haunt thousands of men the rest of their lives by friends they've lost and people they've murdered for Uncle Sam? He's no family of mine! How can scientists tamper with nature? It's not in my nature because it's unnatural DNA cloning, genetic engineering the scariest part, people volunteering 100 years ago, scientists would burn like a witch now they try to supercede God, how did things switch? With the splicing of a gene, we create mutations hideous beasts, that are not God's creation honestly it scares me down in my soul. This world is too big for anyone to be alone Why then, am I alone? The sun is too big to not spare a ray of sunshine for me I'm a Gemini the twins meaning, I need a significant other to make me feel complete Everything I accomplish is rendered obsolete because I am not yet complete I am one part to a beautiful picture the other half I can't wait to meet so I can finally feel complete. I am a tumultuous current hidden under a babbling brook, questions hang at the top of my mind like stalagmites lined up on a ceiling, My fiery passion threatens to burn through my frosty, cool exterior, A myriad of thunderous thoughts race through my mind like a raging river rushing through a deep, dark, cave: hidden from all, but those with the insight to look beyond the apparent calm into an abyss of affection, excitement, warmth, and loyalty I fear only light because light sobers the intoxication of imagination chases away dreams it casts shadows that deceive as they twist and deform light superimposes you with reality light shoos away the images of the world and people you conjured up, to escape from reality, when it gets too hard I trust only the night I see clearly only in the dark I listen to the loud sound of silence I speak better when I never open my mouth I understand more, when I am totally perplexed I live only when I die off to everything material I am in love I was in love I want to love be loved be happy Until the day my life, can with my dreams compare, I'll live only for the night, and continue to have daymares. Derrick H. [email protected][/EMAIL]


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Soho Square Area: Portland Estate, No. 7 Soho Square
Survey of London: Volumes 33 and 34, St Anne Soho
University, Portland MSS., Pl DM 37. M.L.R. 1746/2/273. Nottingham University, ... Soho Square Area: Portland Estate No. 7 Soho Square No. 7 Soho ... lease of the premises by the second Duke of...View result
Parishes: Hareby
Thoroton's History of Nottinghamshire: Volume 1, Republished With Large Additions By John Throsby
which foster the tradition. Lib. Dooms. Pl. de Jur....View result
The fabric of the church: Exterior, tower and bells
The Records of St. Bartholomew's Priory and St. Bartholomew the Great, West Smithfield: Volume 2
bay of the nave which was uncovered in 1914 (see pl. LIV). ... arcade in the same bay of the nave but formerly inside the church (see pl. ... of the west front adjoining (see pl. XXIV b, p. 18)....View result
Sectional Preface
An Inventory of the Historical Monuments in Dorset, Volume 2, South east
century (p. 59; Pl. 86). The church at Worth Matravers (Pl. 1) retains ... of the 12th-century chancel arch in St. John's Chapel at Creech (Steeple 2; Pl. 161). ... biographer. Charborough (...View result
Parishes: Sibthorpe
Thoroton's History of Nottinghamshire: Volume 1, Republished With Large Additions By John Throsby
It is dedicated to St. Peter. Lib. Dooms. Pl. de Banc. Mich. 22 E. 3. rot. 590. Ex. Regist. de Sibethorpe, pen. meips. R. T. Pl. Mich. 20 E. 3. 10. 154. Pl. Mich. 23 E. 3. 10. 93....View result
The Central Area
An Inventory of the Historical Monuments in City of York, Volume 2, the Defences
is now exposed. Lendal Tower, Ground floor plan Lendal Tower (Pl. 27; Pl. opp. p. ... of the Multangular Tower. 23 The Multangular Tower (NG 60005208. Pl. 29; Fig. p. 112), ... Multangular Tower...View result
Sutton and Lound
Thoroton's History of Nottinghamshire: Volume 3, Republished With Large Additions By John Throsby
8, rot: 444. Ex quodam rotulo Aux Esc: 30 H: 3, n: 36. Pl. cor. Reg: ... and Portland, George Mason esq. I. Acklom esq: and others. Sutton is a small ... of Portland. Incumbent, Sutton upon Lound...View result
Worthing: Charities for the poor
A History of the County of Sussex: Volume 6 Part 1, Bramber Rape (Southern Part)
(1859), 44; Breads's Guide Worthing (1859), 24; Elleray, Worthing, pl. 31. ... in Portland Road, 29 with money bequeathed by Robert Humphrys's will dated 1860. ... were rebuilt and those in Portland...View result
The borough of Warwick: Introduction, the central area from c. 1600
A History of the County of Warwick: Volume 8, the City of Coventry and Borough of Warwick
14 n; illustrated in Warws. Co. Recs. iv, pl. x. During alterations ... Family, 1693-1726', Univ. of Birmingham Hist. Jnl. ix. 133. See pl. facing ... Hawksmoor see pl. facing p. 427. The cupola...View result
Parishes: Cotham
Thoroton's History of Nottinghamshire: Volume 1, Republished With Large Additions By John Throsby
Rot. Pip. 12 Joh. Mon. Angl. vol. 1. 444. Pl. Jurat. Assis. apud Derb. 53 H. 3. ro. 16. Test. de Nev. Pl. Jur. Assis. in Com. Nott. 8 E. 1. rot. ... inclosure. The Duke of Portland enjoys the...View result


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Now famous for being famous, as much as anything else, DC-10 has reached its elevated position thanks to offering a unique experience in Ibiza's clubbing environment. When it first opened in 1999, and still typically now, it was a no-holds barred, hedonistic, dance yer socks off fiesta that was totally off the radar.
In contrast to the rest of the clubs, it still does little or no publicity for its parties, meaning those who go are in the know and there for one reason: the music. DC-10's longevity and success is ultimately thanks to a devotion to providing solid, quality underground electronic music.
Famous for: after hours parties, being the island's only true underground club, launching the careers of some of the island's biggest DJs, fancy dress, costumes and general silly fun and games, being located at the end of a runway!
How to get there: about €10 in a taxi from Ibiza Town or Playa D'en Bossa, €30 from San Antonio. The bus to Salinas beach stops just past the club. It is also possible to walk from San Jordi (about 15-20 minutes).
Popular Parties: Circoloco, Paradise.
Places to stay nearby: Hotels in Playa den Bossa
DC-10 is cheap (relatively speaking). Expect to pay no more than €30 for Circoloco. Entry on other days costs between about €20 or less. A beer or water will cost you €5-7 and a mixer no more than €10.
DC10 parties
Fri 1 Jan
Fri 19 Aug
DC10 - Latest news
One last dance at DC-10
Things are about to get serious at DC-10
The beats that won't stop bringing this DJ back
From DC-10 for Dynamic's 10th anniversary to blagging our way into the after party
In conversation with a DJ at the peak of his Paradise career
A candid chat with the DIRTYBIRD boss
Jamie Jones and co got us floating on cloud nine
The label showcases its finest in a 10th anniversary showdown
The Circoloco regular talks us through his biggest Ibiza dancefloor bombs
Circoloco's horsepower races with the techno fiends
Jamie Jones lays down the gauntlet for Wednesday nights at DC-10
Climb aboard the Circoloco madness train.


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Clear Lake can't catch a break these days
There are 6 comments on the Lake County Record-Bee story from Aug 25, 2010, titled Clear Lake can't catch a break these days. In it, Lake County Record-Bee reports that:Tourism is one of the primary industries of Lake County and most of the tourists visit the county because of Clear Lake, which for years was rated the No.
Join the discussion below, or Read more at Lake County Record-Bee.
#1 Aug 25, 2010
I agree with Terry that human action have caused the problem we have today, as well as his assessment that some of it can be expected. Tules are a big part of the solution. So are changes to everyones' habits: the various ways we feed the lake on a daily basis need to be curbed. Do you live in a place where drains exist that lead to Clear Lake or one of the creeks? Then restrict the following activities where water runs off your property: car washing, watering your lawn. Driving on dirt roads feeds the lake. ATVs on back roads can feed the lake. And then there are other things that feed the lake that we need to change: leaking septic systems, old infrastructure of wastewater plants, agricultural runoff, livestock having free access to creeks or shoreline.
If we take these problems seriously and stop activities that are feeding the algae, the lake has a better chance of coming back into balance where the algae/weed issue is not in overdrive.
Since: Aug 09
#2 Aug 25, 2010
Maybe it's time all lake front property owners step-up and address their septic system's effectiveness of NOT leaching into the lake. Many systems are more than 50 years old. Many ways to test a system's workings today. Many will say to costly, but it's time to look at what is going into the lake.
#3 Aug 25, 2010
Warm shallow water enhances algae growth. Colder deeper water suppresses algae growth. Duh
Dredge the Lake.
#6 Aug 25, 2010
I appreciate your mention of photographs as I have not seen them.
#7 Aug 25, 2010
Many of us have brought up the invasive weed issue before, back in the 1990s when we saw little patches starting to grow. Before that we always went swimming off our docks and the shores of Lakeport, ever since we were kids. This invasive weed issue will continue to constrict the lake if nothing is done. I just got off the lake a few minutes ago to tow someone in that was stranded. I feel for the guy and his wife who just burned up their engine on the water. Been out there more than a few times to help bring boats in this year.
#8 Aug 25, 2010
That would be a good start. No silver bullet for Clearlake (dredging). It's going to take a multi faceted attack on the many destructive entities in and around the lake. Restoration, cultivation, aeration, plant specific natural remedies, some dredging. All good ideas. Lets pull the trigger.
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Culture Shock
Arts editor Summer Olsson collects a series of 9/11-inspired poems.
photo courtesy of the artist
Gallery Preview
B-Boy Brings Brazilian Culture to Burque
By Lizzy Von Stange
After a nine-month hustle in the streets of São Paulo, Santa Fe DJ and artist Pablo 77 (aka Pablo Ancona) will debut FUNK TERRA:Sao Paulo...in ABQ! The collection of mixed media, photos and music reflecting his time in Brazil opens at the art gallery and boutique El Chante: Casa de Cultura.
Heather Mathews
Author Interview
You Can't Escape The Wikkeling
Kids' novel is engaging and spooky for adults, too
By Summer Olsson
Young Henrietta doesn't have much going for her. She's squat, pimply and flushes easily. She ranks lowest in her class and is easily the least popular kid in the school. Yet this is the heroine of Steven Arntson's The Wikkeling. In a brusque paragraph toward the beginning, Arntson tells the reader she will not become beautiful, find a cure for pimples or discover she's actually a princess. He kindly suggests that if one wants a book of that nature, any school librarian can help.
John Leech
EVENT HORIZON (Friday, Dec 9)
Best in Snow
Jacob Marley's Christmas Carol
By Maggie Grimason
A retelling of the classic tale from the messenger's perspective.
EVENT HORIZON (Friday, Dec 9)
"The bigger the crime, the greater forgiveness."
Simon Gronowski
By Megan Reneau
Hear the harrowing expierence of the Belgian holocaust survivor and jazz pianist followed by a performance and a question and answer session.
EVENT HORIZON (Saturday, Dec 10)
Twirling Skirts of Tradition
Mariachi Christmas
By Nina Ferrell
Ring in the holiday season with exuberant music and dances from Mariachi Juvenil Aztlán and Ballet Folklórico University of Texas Rio Grande Valley.
Gil Dekel via Wikimedia / Commons Attribution-Share Alike 4.0 International
EVENT HORIZON (Saturday, Dec 10)
Chag Urim Sameach! • חג אורים שמח
Hanukat Shalom
By August March
A Hanukah party with food, silent auction, activities for kids, live klezmer music with dancing and a sing-along with The Neo-Weavers.
Courtesy of the JCC
EVENT HORIZON (Saturday, Dec 10)
Oy Vey
OY! A Comedy with Chutzpah
By Megan Reneau
A collection of short comedies which are a comic tribute to all things Jewish and all things human.
EVENT HORIZON (Saturday, Dec 10)
No Good At Goodbyes
Kicking the Bucket List: 100 Downsizing and Organizing Things to Do Before You Die
By Joshua Lee
Death educator Gail Rubin discusses her newest book on organizing your life, death and legacy.
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April 29, 2011
MATTHEW C. WEIGLE,PETITIONER,v.MICHAEL CURLEY, ET AL., RESPONDENTS
On December 23, 2010, petitioner Matthew C. Weigle, ("petitioner") filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, attacking his April 10, 1999, Pennsylvania convictions for Murder and Conspiracy. (Doc. 1.) Respondents filed an Answer and motion to dismiss the petition as untimely. (Doc. 14). Petitioner maintains that the petition is timely. (Doc. 16.) Following careful consideration of the parties' submissions (Docs. 1, 14, 16), and for the reasons discussed below, the Court will grant respondents' motion to dismiss because the petition is not timely filed. See 28 U.S.C. § 2244(d).
I. Background
On April 10, 1999, following a jury trial in the Court of Common Pleas of Clinton County, petitioner was convicted of murder in the third degree (18 PA. CONS. STAT. § 2502(a)) and conspiracy (18 PA. CONS. STAT. § 903). (Doc. 14, ¶ 1.) On June 10, 1999, he was sentenced to eighteen to thirty-eight months incarceration. (Id. at ¶ 2.)
Post trial motions were filed on June 16, 1999, and denied on October 15, 1999. (Id. at ¶ 3.) On November 9, 1999, he filed a direct appeal to the Superior Court of Pennsylvania.
The appeal was dismissed on October 11, 2000, for failure to file a brief. (Id. at ¶ 6.) He filed a petition for allowance of appeal with the Pennsylvania Supreme Court which was denied on March 28, 2001. (Id. at ¶ 7.) He did not seek a writ of certiorari in the United States Supreme Court. (Id.)
On February 13, 2006, petitioner filed a petition for post conviction collateral relief pursuant to the Post Conviction Relief Act ("PCRA"), 42 PA. CONS. STAT. §§ 9541-46. (Doc. 14, ¶ 8.) On March 30, 2006, the petition was denied as untimely. (Id.; Doc. 16, at 5.) Petitioner appealed the denial of PCRA relief to the superior court on April 12, 2006. (Doc. 14, ¶ 8.) On January 22, 2007, the superior court affirmed the PCRA court's decision. (Id. at ¶ 10.) He filed a petition for allowance of appeal, but it was denied.
On December 17, 2007, petitioner filed a second PCRA petition. (Doc. 14, ¶ 12.) He amended the petition on February 28, 2008. (Id.) The petition was dismissed on April 15, 2008, as untimely. (Id. at ¶ 13.) He filed a notice of appeal on April 21, 2008. (Id. at ¶ 14.) On July 1, 2009, the superior court affirmed the PCRA court's determination that the petition was untimely. (Id. at ¶ 14.) Petitioner filed a petition for allowance of appeal to the supreme court, which was denied on February 24, 2010. (Id. at ¶15.)
The instant petition was filed on December 23, 2010. (Doc. 1.) Respondents seek to dismiss the petition as untimely.
II. Discussion
The court may "entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a). A petition filed under § 2254 must be timely filed under the stringent standards set forth in the Anti-Terrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 (Apr. 24, 1996). See 28 U.S.C. § 2244(d) (1). A state prisoner requesting habeas corpus relief pursuant to § 2254 must adhere to a statute of limitations that provides, in relevant part, as follows:
(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of- (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review. . . .
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection. 28 U.S.C. § 2244(d)(1)-(2); see Jones v. Morton, 195 F.3d 153, 157 (3d Cir. 1999). Thus, under the plain terms of § 2244(d)(1)(A), a state court criminal judgment does not become final until appeals have been exhausted or the time for appeal has expired. See Nara v. Frank, 264 F.3d 310, 314 (3d Cir. 2001).
Petitioner was sentenced on June 10, 1999. His judgment became final on June 26, 2001, when his time to seek United States Supreme Court review of his direct appeal proceedings expired. The one-year period for the statute of limitations commenced running as of that date and expired one year later. Hence, the federal petition, which was filed on December 23, 2010, appears to be untimely. However, the Court's analysis does not end here; consideration of both statutory and equitable tolling must be undertaken.
A. Statutory Tolling
Section 2244(d)(2) tolls the statute of limitations with respect to the "time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending." As noted above, the statute of limitations commenced on June 26, 2001, and expired one year later. The PCRA petition filed on February 13, 2006, did not operate to toll the statute of limitations because it had already expired. His federal petition was filed on December 23, 2010, well after the expiration of the limitations period.
Significantly, neither the first nor second PCRA petitions would qualify to toll the statute of limitations because they were rejected by the state courts as untimely and, as such, are not a basis for statutory tolling. See Fahy v. Horn, 240 F.3d 239, 243 (3d Cir. 2001) (stating that an untimely PCRA petition does not toll the statute of limitations for a federal habeas corpus petition); Merritt v. Blaine, 326 F.3d 157, 165-66 & n. 6 (3d Cir. 2003) (finding that federal courts are bound by state court's determination that PCRA petition was untimely and thus not "properly filed").
B. Equitable Tolling
"Equitable tolling of the limitations period is to be used sparingly and only in "extraordinary" and "rare" circumstances. See Satterfield v. Johnson, 434 F.3d 185, 195 (3d Cir. 2006); LaCava v. Kyler, 398 F.3d 271, 274-75 (3d Cir. 2005). It is only in situations "when the principle of equity would make the rigid application of a limitation period unfair" that the doctrine of equitable tolling is to be applied. See Merritt v. Blaine, 326 F.3d 157, 168 (3d Cir. 2003). Generally, a litigant seeking equitable tolling bears the burden of establishing two elements: (1) that he has been pursuing his rights diligently; and (2) that some extraordinary circumstance stood in his way." Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005).
The burden of establishing entitlement to equitable tolling lies with the petitioner, who must show that he or she exercised reasonable diligence in investigating and bringing the claims. See Robinson v. Johnson, 313 F.3d 128, 142 (3d Cir. 2002). Mere excusable neglect is not sufficient. See LaCava, 398 F.3d at 276. All indications are that petitioner exercised reasonable diligence in investigation and bringing his claims.
Extraordinary circumstances have been found where (1) the defendant has actively misled the plaintiff, (2) the plaintiff has in some extraordinary way been prevented from asserting his rights, (3) the plaintiff has timely asserted his rights mistakenly in the wrong forum, see Jones, 195 F.3d at 159, or (4) the court has misled a party regarding the steps that the party needs to take to preserve a claim, see Brinson v. Vaughn, 398 F.3d 225, 230 (3d Cir. 2005). Even where extraordinary circumstances exist, however, "[i]f the person seeking equitable tolling has not exercised reasonable diligence in attempting to file after the extraordinary circumstances began, the link of causation between the extraordinary circumstances and the failure to file is broken, and the extraordinary circumstances therefore did not prevent timely filing." Brown v. Shannon, 322 F.3d 768, 773 (3d Cir. 2003) (quoting Valverde v. Stinson, 224 F.3d 129, 134 (2d Cir. 2000)).
Petitioner does not allege that he was misled by either the Commonwealth or state courts regarding his claim, or that he timely asserted his rights mistakenly in the wrong forum. Nor was he prevented in some extraordinary way from asserting his rights. Rather, he argues that the state courts were wrong in deeming his PCRA petition as untimely because he believed it to fall within the newly discovered evidence exception to the state court's PCRA statute of limitation. However, this Court is bound by the state court's determination that petitioner's PCRA petition was untimely and thus not "properly filed." Merritt v. Blaine, 326 F.3d 157, 165-66 & n. 6 (3d Cir. 2003).
Based on the foregoing, equitable tolling of the AEDPA statute of limitations is not warranted in this case.
III. Conclusion
For the reasons set forth above, the petition for writ of habeas corpus will be dismissed as untimely.
IV. Certificate of appealability
Pursuant to 28 U.S.C. § 2253(c), unless a circuit justice or judge issues a certificate of appealability ("COA"), an appeal may not be taken from a final order in a proceeding under 28 U.S.C. § 2254. A COA may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). "A petitioner satisfies this standard by demonstrating that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further." Miller-El v. Cockrell, 537 U.S. 322 (2003). "When the district court denies a habeas petition on procedural grounds without reaching the prisoner's underlying constitutional claim, a COA should issue when the prisoner shows, at least, that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). Here, jurists of reason would not find the procedural disposition of this case debatable. Accordingly, no COA will issue.
An appropriate order follows.
JUDGE JAMES M. MUNLEY United States District Court
MATTHEW C. WEIGLE, Petitioner, v. MICHAEL CURLEY, et al., Respondents
Judge Munley
AND NOW, to wit, this 29th day of April 2011, upon consideration of the petition for writ of habeas corpus (Doc. 1), and in accordance with the foregoing memorandum, it is hereby ORDERED that:
1. Respondents' motion (Doc. 14) to dismiss the petition as untimely is GRANTED. The petition for writ of habeas corpus (Doc. 1) pursuant to 28 U.S.C. § 2254 is DISMISSED as time-barred by the statute of limitations. See 28 U.S.C. § 2244(d).
2. There is no basis for the issuance of a certificate of appealability. 28 U.S.C. § 2253(c).
3. The Clerk of Court is directed to CLOSE this case.
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ERIC Number: ED173445
Record Type: RIE
Publication Date: 1979-Apr
Pages: 12
Abstractor: N/A
Reference Count: 0
The Reliability of Auditor Judgments: A Meta-evaluation Study.
Bergquist, Constance C.
The reliability of evaluators' judgments was investigated, using a discrepancy evaluation model within a program evaluation context. Two research problems were addressed: the degree of evaluator reliability in detecting and rating problems in federal educational project planning, management, and evaluation; and the relationship between inter-judge reliability and the types of items examined, the evaluators' expertise, and the type of project being evaluated. Of thirty-one evaluators studied, 77% had doctoral degrees, and all had previous training related to the Title IV-C audit system. Three types of reliability coefficients were calculated: (1) the consistency of a single rater over a set of ratings was .07 to .64; (2) the estimated single rater reliability over all situational protocols was .20 to .84, with most coefficients above .50; and (3) the average interrater reliability was .45 to .96, with over half of the coefficients above .80. Results raised two questions about the reliability of judgments made by educational evaluators; questionable replicability of evaluation methods and standards, and the amount of disagreement among evaluators on methods and procedures for evaluating programs. (MH)
Publication Type: Speeches/Meeting Papers; Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Auditors; Audits; Florida; Interrater Reliability
Note: Paper presented at the Annual Meeting of the American Educational Research Association (63rd, San Francisco, California, April 8-12, 1979)


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- Worldwide Rank #11,709,225
- Follower/Following Ratio 0.46
- Daily New Followers 0
سسبحان اللهے˛.✽ Twitter Stats
@00h99_al - Tracking سسبحان اللهے˛.✽ Twitter profile since March 8, 2013
- - ! - -
سسبحان اللهے˛.✽ Tweets
@00h99_al has posted 3,192 tweets in the last 18 days, which translates to an average of 177.3 tweets per day.
سسبحان اللهے˛.✽ Twitter Followers
@00h99_al has 571 followers on Twitter.
This account is #11,709,225 in the worldwide rank of the most popular Twitter users.
سسبحان اللهے˛.✽ Following on Twitter
@00h99_al is following 1,238 Twitter accounts.
Last month this account followed 1,231 users.
سسبحان اللهے˛.✽ Predictions & Milestones
@00h99_al will hit 552 followers in the next 3 months, and 495 in one year.
You are on سسبحان اللهے˛.✽'s Twitter stats page
We track these Twitter stats since March 8, 2013 . You can see how many followers سسبحان اللهے˛.✽ lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
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Twitter Counter is the #1 Twitter stats site powered by Twitter. It all started in June 12, 2008 and we grew rather rapidly because of our Twitter Counter badge. The button is a nice small image that shows your visitors how many followers you have on Twitter. Within a year the button was on many many blogs around the world and we displayed more than 100 million buttons in one month. We track follower stats for over 180 million users now.


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Virginia Capital Trail plans discussed
County, state officials disagree about where path should lie
The future of the Henrico portion of the Virginia Capital Trail got a little clearer earlier this month, but perhaps a little more confusing at the same time.
At a public meeting in Varina, VDOT officials displayed plans for the 10.5-mile stretch of the Williamsburg-to-Richmond trail that will travel along Route 5 in eastern Henrico.
Those plans call for the trail to be separated from the road and located mostly along the northern side of Route 5 – both changes from what the county's Board of Supervisors adopted as its preferred plan more than a decade ago.
The new design plans resulted from VDOT's desire to save money – building the trail attached to Route 5 would cost almost twice as much, VDOT project manager Ian Millikan said – and impact as few property owners as possible. The Henrico portion of the trail is expected be completed by early 2014.
But Varina District Supervisor Jim Donati was miffed by the proposal, which he said doesn't represent what the county and most Varina residents support.
Building the trail as an attachment to Route 5, he said, would provide necessary space for bikers and walkers while also giving room for postal delivery vehicles to to make their stops without impeding the flow of traffic.
Citizen opinion about the plan at the Feb. 3 meeting at John Rolfe Middle School was mixed. Several bicycling groups have consistently endorsed a separate trail, contending that it would be safer and would lend itself to more use. (Other portions of the trail that have been constructed or are planned are also separate from the road.)
But other attendees were concerned that the separate trail – located between 10 and 30 feet off the road at various points – could negatively impact their land.
Construction of the Henrico portion of the trail is expected to cost $9.5 million. Funding already exists from a combination of federal sources that are specifically designated for non-roadway projects.
Adding more potential confusion to the mix is a study of the Route 5 corridor between Laburnum Avenue and 7th Street in the city, which was initiated by the Richmond Regional Planning District Commission last summer, in partnership with Henrico County, Richmond, VDOT, the GRTC and the Virginia Department of Rail and Public Transportation. That study seeks to identify ways in which various forms of transportation can be best utilized to serve the corridor in years to come.
Donati worries that that study – expected to be completed by early next year – could confuse residents and possibly counteract VDOT's plans for the trail. For example, he asked, what would happen if the study proposed widening Route 5 to four lanes after plans for the trail already had been approved?
During the renovation of Varina Elementary School, the county built what it expected to become a portion of the trail in front of the school, on the south side of Route 5 – where it expected the trail to run. But the new plans would place the trail on the north side of the road there.
VDOT already owns right-of-way property along Route 5 within which it can build some of the trail. Officials decided that running the trail along a mostly northern route would reduce the number of properties that would have to be disrupted and also limit the amount of land that might need to be purchased to provide room for the trail, Millikan said.
Upon completion, the trail will span 54 miles.
project:HOMES' 'Renew Crew' helps Henrico citizen
Citizen Staff Reports 12/01/2016
The project:HOMES "Renew Crew" (above) recently assisted an elderly member of the Laurel Presbyterian Church in Henrico by clearing brush, trimming hedges and raking leaves in her yard.
The Renew Crew serves low-income, disabled and elderly homeowners in need of small-scale home repairs such as porch, railing and step repairs, exterior painting, clearing overgrown yards, tearing down outbuildings, wheelchair ramps and other critical repairs and accessibility modifications. > Read more.
Alzheimer's Walk raises $436,000
More than 2,000 people participated in the the Alzheimer's Association Greater Richmond Chapter's annual Richmond Walk to End Alzheimer's Nov. 5 at Markel Plaza in Innsbrook. The event raised more than $436,000 for Alzheimer's care, support programs and research.
The event is one of three walks that benefit the Alzheimer's Association of Greater Richmond and is held in celebration of National Alzheimer's Disease Awareness Month and National Family Caregivers Month.
Donations to the Walk to End Alzheimer's will be accepted through the end of the year and can be made at http://www.alz.org/walk. In total, the three walks this year have raised more than $644,344. > Read more.
Weekend Top 10
The past couple of days haven't felt like it, but it's finally December and this weekend is packed with holiday events. Kicking the weekend off is Glorious Christmas Nights' production of "Finding Christmas" at West End Assembly of God. Gayton Baptist Church's annual Jazz Nativity starts tonight. Another annual favorite is tomorrow – the tree lighting at The Cultural Arts Center at Glen Allen. In search of Christmas concerts? The Virginians Barbershop Chorus will present its annual Christmas Show tomorrow at the Collegiate School and the Richmond Choral Society will perform Sunday at Trinity Lutheran Church. For all our top picks this weekend, click here! > Read more.
Radio host honors Henrico-based FBI agents
Two Henrico women honored by Virginia Jaycees
Henrico to receive third round of pre-K funding
Business in brief
Virginia woman caught with loaded gun at Richmond International Airport checkpoint
- More News
Print Edition
Dec. 1, 2016Click here to read the print edition.
Weekend Top 10
Restaurant Watch
Weekend Top 10
Cultural Arts Center announces winter/spring class schedule
Weekend Top 10
- More Entertainment
Obituary – Barbara Veno Scheil
Obituary – Alice Faye Morgan
Obituary – Wanda G. Edmunds
- More Obituaries
project:HOMES' 'Renew Crew' helps Henrico citizen
Alzheimer's Walk raises $436,000
'Father Christmas' to provide 15 local dads $100 gift cards for holidays
- More Community
Thanksgiving, Part II
Storm woes for e-junkies
'Good old days' were good – for some
- More Opinions
RIR to admit children 12 and younger free next year
Henrico teams win district, state championships
Varina HS to host Basketball Skill Development Academy June 20-23
- More Sports
Place an Ad | More Classifieds
CalendarThe Modlin Center for the Arts at the University of Richmond will broadcast Bolshoi Ballet's production of "Bright Stream" at 12:55 p.m. in Camp Concert Hall, Booker Hall of Music. Pathe Live's Bolshoi Ballet program brings the best Bolshoi Ballet productions direct from Moscow, Russia to cinemas and performing arts centers across the U.S. Each production features behind-the-scenes programming, including interviews with the cast and creative teams, either prior to the start of the production, or during intermission. Tickets are $7 to $14. For details, call 289-8980 or visit http://www.modlin.richmond.edu. Full text


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Stacey Kent at Leicester Square Theatre
The Grammy-nominated singer performs mainstream jazz, including songs from the album Tenderly, and classics from the Great American Songbook. This is a rare chance to experience an artist, who was educated in the UK but whose international touring commitments have kept her far from home shores.
|Adult Ticket:
|From £25.00 (USD31.46) per ticket
Venue Details & Map
Leicester Square Theatre
- Address
6 Leicester Place
LondonWC2H 7BX
- Telephone:
- 0844 8472475


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"Clash of Clans," the popular tower defence mobile video game from developer Supercell, is gearing up to receive a new March update that the developer hopes will bring several changes in the game's gameplay.
Supercell has released its first sneak peek, which means that the March update will be released soon.
The first of the sneak peek shows what the "Clash of Clans" players can expect in the new defence levels of the game.
Supecell said that Inferno Towers and Mortal will have new levels, which also means that they will have a new visual look too. Supercell shared sneak peek #1 on its official Facebook page.
Speaking on the March update features, YouTube user Clash On Gan said that the update will be big. He said that the sneak peek #1 reveals five things:
Inferno Tower Level 4 – The image shows Inferno Tower Level 4 with golden chains, and the moment we add chains, it looks scary. He notes that a single Inferno Tower might not be as effective as multiple Inferno Towers. But there could be a possibility of Inferno Tower damages scaling up later on.
[READ: 'Clash of Clans:' March update to bring changes to Town Hall 11, 10, 9, 8 and 5, matchmaking and more]
SNEAK PEEK #1 – New Inferno & Mortar levels!See them in action: http://supr.cl/MortarMayhemPosted by Clash of Clans on Friday, March 18, 2016
Mortar Level 9 – The graphics for the Mortar Level 9 shows a chain tied on both the wheel. This mortar could prove to be a death knell to Archers and Barbarian troops in the game.
New air defence graphics – The air defence rockets will not see any increase in damages or health rate, but there will only be changes in its graphics, which makes it look bigger, especially the pencil rockets.
Graphic change to Hero Altars – All the three Hero altars in "Clash of Clans," Barbarian King, Archer Queen and Grand Warden, will see changes in the altars that they stand on. There will not be any change in the damages for these three Heroes.
New drop down tab to plan builder time allocation – If players tap on the builder's icon on the top part of the home screen, a drop down tab opens, which will show the time left for each builder until he completes his task. This will allow players to strategically plan the builder task allocations and match the resources.
Previously, Supercell had confirmed that that March update will bring several changes in terms of gameplay, matchmaking, balancing, defences and more.


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Office of Federal Contract Compliance Programs (OFCCP)
Frequently Asked Questions:
Proposed Rule on Requirement to Report Summary Data on Employee Compensation
Proposed Rule on Requirement to Report Summary Data on Employee Compensation
On August 6, 2014, the U.S. Department of Labor's Office of Federal Contract Compliance Programs issued a Notice of Proposed Rule Making proposing that covered federal contractors and subcontractors with more than 100 employees to submit an annual, Equal Pay Report on employee compensation. OFCCP is proposing to collect total W-2 earnings, total number of employees and total hours worked by sex, race and ethnicity for each EEO-1 job group (broad occupational categories like managers, professionals, sales workers and craft workers). OFCCP has also issued an Information Collection Request (ICR) that includes a sample of the form it may use to collect the summary compensation data.
- What is a Notice of Proposed Rulemaking (NPRM)?
- What is an Information Collection Request (ICR)?
- How do I submit comments on the NPRM?
- How do I submit comments on the ICR for the Equal Pay Report?
- How will I know whether OFCCP received my comments on the proposed rule?
- What does OFCCP do with the comments it receives?
- Can I review comments submitted by others?
- Is there a deadline for submitting comments?
- Who should I contact for additional information?
Overview of the proposed rule.
- Why does OFCCP want to collect compensation data?
- Who must file the Equal Pay Report under the proposed rule?
- How will the proposed rule affect small businesses?
- Will OFCCP use the compensation data as a basis for a compensation violation?
- How will OFCCP ensure the confidentiality of the compensation data?
- How often will contractors have to submit the Equal Pay Report?
- When will contractors have to submit the Equal Pay Report?
- How will contractors submit the Equal Pay Report?
What is a Notice of Proposed Rulemaking (NPRM)?
An NPRM is the government's way of providing the public formal notice that it is proposing a new regulation or modifying an existing regulation.
What is an Information Collection Request (ICR)?
An ICR is an agency's request for government approval to collect certain information. It includes a description of the collection and the agency's plan to use the information. It may also include documents that the agency will use such as forms or surveys.
How do I submit comments on the NPRM?
You may submit comments on the NPRM by using any of the following methods:
- Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
- Facsimile: (202) 693-1313 (for comments of six pages or less).
- Mail: Debra A. Carr, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs, Room C-3325, 200 Constitution Avenue, N.W., Washington, D.C. 20210.
All comments must be received on or before January 5, 2014.
How do I submit comments on the ICR for the Equal Pay Report?
You may submit comments on the ICR by using either of the following methods:
- The hyperlink embedded in the NPRM to navigate to the ICR for the proposed Equal Pay Report form and its instructions. The NPRM is on the Federal Register Web site at www.regulations.gov.
- The list of "Supporting Documents" that accompanies the NPRM at www.regulations.gov.
How will I know whether OFCCP received my comments on the proposed rule?
OFCCP does not generally acknowledge receiving comments. You may, however, request confirmation that a mailed, hand delivered or faxed submission of your NPRM comments was received by OFCCP by calling (202) 693-0103 (voice) or (202) 693-1337 (TTY) (these are not toll-free numbers). All NPRM comments, whether mailed, hand delivered, faxed or submitted through the eRulemaking portal, are posted on the portal's web site. You may go to www.regulations.gov to view your posted comments.
What does OFCCP do with the comments it receives?
OFCCP reviews and analyzes all comments it receives. Your comments assist us as we develop the Final Rule on this new reporting requirement.
Can I review comments submitted by others?
Yes. Anyone can review the comments we receive on the NPRM by going to www.regulations.gov. The comments are also available for public inspection during normal business hours at OFCCP's Washington, D.C. office at 200 Constitution Avenue, N.W., Washington, D.C. 20210, Room C-3325. Readers, print magnifiers and other appropriate aids are available to people needing assistance.
Is there a deadline for submitting comments?
Yes. OFCCP must receive your NPRM comments on or before January 5, 2014. Comments on the ICR must be submitted by November 6, 2014.
Who should I contact for additional information?
For additional information, please call OFCCP's Help Desk at 1-800-397-6251 (TTY: 1-877-889-5627) or go to www.dol.gov/ofccp.
Why does OFCCP want to collect compensation data?
In 2010, President Obama created the National Equal Pay Task Force (Task Force) to provide a coordinated Federal response to pay discrimination. The Task Force found that the lack of sufficient employee compensation data makes identifying wage discrimination difficult and undercuts federal enforcement efforts. To address this issue, the Task Force recommended that OFCCP collect pay data from federal contractors to help identify contractors who are more likely to be out of compliance.
Consistent with the Task Force recommendation, President Obama issued a Presidential Memorandum, "Advancing Pay Equality Through Compensation Data Collection," on April 8, 2014. This Memorandum directed the Secretary of Labor to propose a rule within 120 days that would require Federal contractors and subcontractors to submit to DOL summary data on the compensation paid their employees, including data by sex and race.
The Equal Pay Report is designed to improve voluntary compliance by federal contractors and subcontractors with laws prohibiting pay discrimination and to deter employers from perpetuating policies and practices that lead to unfair pay disparities. Requiring federal contractors and subcontractors to report the data will lead to more contractors voluntarily changing their pay practices, and taking other proactive measures to make sure they are in compliance. Further, this data will allow OFCCP to improve the efficiency and effectiveness of its enforcement program and to focus more resources on reviewing contractors with potential pay disparities.
Who must file the Equal Pay Report under the proposed rule?
The proposed rule applies to prime contractors and first tier subcontractors who are required to file EEO-1 Report(s), have more than 100 employees, and have a federal contract, subcontract, or purchase order amounting to $50,000 or more that covers a period of at least 30 days (including modifications). Construction contractors, including construction subcontractors of any tier, are subject to the proposed rule if they meet the requirements described above.
OFCCP is also considering covering postsecondary academic institutions that file the IPEDS report with the Department of Education. OFCCP welcomes comments on covering this group under the proposed rule. The NPRM seeks comment on this proposal and on whether to use the same Equal Pay Report format for contractors who file the IPEDS report or a modified version of the Equal Pay Report.
How will the proposed rule affect small businesses?
Since contractors with 100 or fewer employees are exempt from reporting, OFCCP has already ensured that small businesses who might find it more difficult to report are excluded. Furthermore, since the report is based on records that contractors must already maintain, OFCCP has ensured that the proposed rule would not be overly burdensome for small businesses.
Will OFCCP use the compensation data as a basis for a compensation violation?
No. Information based on data from the proposed Equal Pay Report would not in itself result in any sanction or adverse action against the contractor for compensation discrimination. OFCCP would merely use the information to prioritize a contractor for a compliance evaluation, a procedure to which any Federal contractor is already potentially subject under the Executive Order.
If OFCCP selects a contractor for a compliance evaluation, that review would cover compensation data beyond what is in the contractor's Equal Pay Report and would involve a more specific and detailed data request.
How will OFCCP ensure the confidentiality of the compensation data?
Under the proposed rule, OFCCP will treat information contained in the Equal Pay Report as confidential to the maximum extent permitted under the Freedom of Information Act, 5 U.S.C. 552. Consistent with current agency practice, OFCCP will not publicly disclose information that could cause commercial harm to contractors and subcontractors who are still in business.
As mentioned in the NPRM, OFCCP plans to design a web-based portal for reporting and maintaining compensation information that conforms with applicable government IT security standards. Moreover, the information will be accessible to a small group of agency employees who need access to the information, this data will not be widely circulated.
Finally, OFCCP may publish aggregate information based on pay data collected from the Equal Pay Report, such as ranges or averages by industry, labor market, or other groupings, but only in such a way as not to reveal any particular contactor's or individual's data.
How often will contractors have to submit the Equal Pay Report?
OFCCP is proposing that contractors submit the report on an annual basis.
When will contractors have to submit the Equal Pay Report?
OFCCP is proposing a reporting window of January 1 to March 31st. The data in this report would be based on W-2 earnings for the prior calendar year (Jan. 1- Dec 31st) for all employees included in the contractor's EEO-1 report for that year. This deadline will generally align with the time period covered under a contractor's W-2 filings. OFCCP welcomes comment on the reporting period and filing window.
How will contractors submit the Equal Pay Report?
Each contractor must submit the Equal Pay Report electronically through a web-based filing system. Contractors may key in their data electronically or upload their forms into the system using the standard formats provided by OFCCP. The Director may grant a hardship exemption from the requirement to submit the Equal Pay Report electronically. A hardship exemption may be granted in the case of unexpected technical difficulties that prevent a contractor or subcontractor from electronically submitting the Equal Pay Report by the filing deadline and, in the very rare instances, when a contractor's payroll and human resources systems or other necessary systems are not automated.