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Balaji Enterpersise
RS70,000 To 1,00,000Bikaner, Jodhpur
An Efficient Employee Need for a Mobile Phone Distributor Entrepreneurship Who Can Manage Accounts as Well as Inventory. It's a Complete Office Job. Experience Counts.
Key Skills : accountant,accounting,tally,inventory control,auditing,cost accouting
Inventory Controller ( 1 - 3 yrs)
Star Vision Placement
RS1,00,000 To 2,00,000Jaipur
Candidate should have knowledge of Tally must Candidate should have experience of Inventory control related work & Accounts work. Knowledge of supplies, equipment, and/or services ordering and inventory control. Ability to reconcile stock coun...
Key Skills : tally,accounts,inventory,export,inventory controller,inventory management,inventory control,supply chain,warehouse...
Required Accountant Manager ( 1 yrs)
Vardhman Consultancy Services
RS90,000 To 2,50,000Jaipur
Reputed Construction company required candidate for the post of Manager(Marketing, Purchase, Administration/Front Office Executive.
Key Skills : accountant executive,store keeper,senior store keeper,area sales manager,administration executive,inventory control,store...
Accounting Assistant / Accounts Executive / Accountant - Tally ( 0 - 6 yrs)
Axis Jobs
RS3,00,000 To 7,50,000Hyderabad, Ahmedabad, Surat, Bangalore, Mumbai, Pune, Jaipur, Chennai, Kolkata, Delhi
Should have Sound knowledge of Microsoft office and Tally ERP 9. Should know how to pass various type accounting entries like Journal, Contract, Payment, Receipt. Calculation of TDS and timely payment of TDS. Calculation of Service Tax & Ret...
Key Skills : taxation,tds,sale tax,accounts receivable,accounts payable,sales entry,service tax,general accounting,vat,income tax,auditing,mis,erp,balance...
Global Talent Pool
RS3,00,000 To 8,50,000Jaipur
- Source vendors for the appropriate items and work with the Buying team to purchase items in good time for delivery during peak popularity periods - Source new product ideas from vendors within India appropriate for our own Live TV channels/Webs...
Key Skills : project manager,inventory control,vendor management
Not a member as yet ?
Register now to apply to these jobs
Job Position for Engineer / Sr. Engineer - Purchase - Amc/vo/pur/18-y/15; Job Location : Bhiwadi, Rajsthan ( 2 - 6 yrs)
Aim Management Consultants
RS2,00,000 To 5,00,000Bhiwadi
Raw Material procurement.(SS / MS , ALUMINIUM ),Control piping, Air supply piping. - Procurement of Rubber/Silicon components/Automobile parts /Fabricated Parts / Pressed shop parts. - Responsible for the cost approval from the management. - Respo...
Key Skills : mechanical graduate having rich exposure in procurement for heavy machiner / capital equipment,mechanical engineer,vendor development,inventory...


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30 results was found matching keyword
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Báo Dân Trí English 1 month(s) ago
A university education may not be the only route to success in life, but it is a very popular one, especially among people with hearing impairment.
Keywords: High SchoolsDisabilitiespeopleThe CentrecontinueChallengesroute
Việt Nam-Cuba Hospital in collaboration with Operation Smile Việt Nam launched the eponymous orthopaedic surgery programme yesterday to help children with congenital hare-lip in the northern region.
Keywords: Việt NamOperation SmileNorthern RegionImagesbe bornCuba Hospital
Báo Đầu Tư English 2 month(s) ago
1 related news
BOCAUE, Philippines: A blaze ripped through a group of fireworks shops in the Philippines Wednesday (Oct 12), killing two people and leaving 24 others injured, officials said.
Keywords: blazeFireworksshopfireShopsstrip
Báo Đầu Tư English 3 month(s) ago
HCM CITY – Girl bands are back.
Keywords: limepopdanceGirlsViệt Nambackbang
Báo Đầu Tư English 5 month(s) ago
TROON: Former champion Phil Mickelson went clear at the top of the leaderboard at the British Open on Thursday (Jul 14) after a stunning eight-under-par first round of 63 at Royal Troon.
Keywords: Phil MickelsonparputtBritish OpenRory Mcilroybirdie
Báo Dân Trí English 6 month(s) ago
Vietnamese artists and organisations donated artworks and precious objects to Vietnam Operation Smile for an auction to be held on June 18 at The Reverie Hotel.
Keywords: auctionOperation SmilepreciousImagesOrganisationsGala Dinnerthroughout
Báo Thanh Niên English 6 month(s) ago
The death of Muhammad Ali, the former heavyweight champion known as much for his political activism as his boxing brilliance, triggered a worldwide outpouring of affection and admiration for one of the best-known figures of the 20th century.
Keywords: fightFrazierThe DeathFiguresOn SaturdayA ManScottsdale
Báo Dân Trí English 9 month(s) ago
A special art programme themed 'Sac 16' (Beauty 16) will be held on April 2 on Dao Duy Tu Street, one of Hanoi's Old Quarter pedestrian streets.
Keywords: ImagesBat Trang Ceramic VillageimmersePham Thi HueThemedOld QuarterStreets
VietnamNet English 9 month(s) ago
VietNamNet Bridge – Four-hundred people filled the auditorium of Nguyen Tri Phuong Hospital last Saturday, listening raptly to advice given by American doctors about guided methods of intervention for their autistic children.
Keywords: DoctorsVietnam NewsImagesConnectinglearnVolunteers
Báo Thanh Niên English 9 month(s) ago
Lipstick shades are kissing off Japan's short-lived economic recovery, and fashion industry hues are turning as somber as a central banker after another ineffectual splurge of money printing.
Keywords: fashioncolorjapanshopLosingThe EconomicShinzo Abe
Five children with congenital malformation will be given orthopedic surgery under a charity program called "Lifting up Dreams 2016" which began on March 5 at Hanoi-based Hong Ngoc General Hospital.
Keywords: Vietnam UsFor ChildrenGeneral HospitalDreamsprogramImagesChild Care
VietnamNet English 10 month(s) ago
Vietnamese doctors have successfully reconstructed a patient's face that had been disfigured by cancer.
Keywords: reconstructDoctorsfaceHa Noi Medical UniversitysuccessfullyHospitalsbeam
SaiGon GP English 13 month(s) ago
1 related news
ExxonMobil Exploration and Production Viet Limited yesterday donated six pediatric emergency instruments to medical clinics in central provinces of Quang Ngai and Quang Nam.
Keywords: Quang NgaiMedical EquipmentQuang NamHospitalsAdultsCommunesprogram
Báo điện tử CP English 13 month(s) ago
The southern province of Ben Tre has received US$171,000 in non-project aid from foreign non-governmental organisations (NGOs) in 2015.
Keywords: justifyBen TreThe JapaneseFriendship OrganisationsUnited Nations Population FundClimate Change AdaptationMitigation
Báo Tuổi Trẻ English 13 month(s) ago
What you need to know in Vietnam today:
Keywords: The JapanesePartiesPublic Security Tran Dai QuangThe Vietnam National TextileCentral Highlands RegionescalateUnited Nations Convention
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This is a large, beautiful piece measuring 11.5 in. long x 4.5 in. wide x 3 in. tall. The wood handle is 5 ¾ in. long. The handle is tight and in excellent condition. The top has a high-relief heraldic crest with a shield, a lion, and a unicorn. It is marked "Dieu Et Mon Droit." The thumb handle is a horn of plenty. The hinge is excellent. The feet are Chippendale style with claw feet. This piece is great vintage condition with a few hints of small dents. The inside is beautiful. Other than using to clean up crumbs, I like to use these for candy on a coffee table or jewelry on a dresser.
2 other shoppers have this item in their Cart or Wish List .
Great Treasures at Great Prices
52 Years in The Trade


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Friends of Youth to Host Celebration of Youth Luncheon March 7/
Friends of Youth will host its annual Celebration of Youth luncheon Friday March 7 at the Bellevue Westin Hotel. Each year, Friends of Youth provides support, shelter, homes and help to more than 4,800 youth and young adults. The luncheon celebrates the successes of our youth while raising funds to ensure that every young person has the support they need to succeed.
The luncheon is in its ninth year and includes a raffle with a grand prize of two free tickets from Alaska Airlines. Friends of Youth expects the event to sell out, but there is still space available. RSVP to attend at https://community.friendsofyouth.org/page.aspx?pid=368 or donate to support the event at https://community.friendsofyouth.org/page.aspx?pid=366.
KIRO Radio's Dave Ross will be this year's emcee, King County Department of Community and Human Services Director Adrienne Quinn will keynote, and youth will share their personal stories of success. Registration begins at 11:30am with lunch and the program to follow from 12-1pm.
"The work we do each day would not be possible without the support and partnership of the community," said Friends of Youth President and CEO Terry Pottmeyer. "We are pleased to take this opportunity to celebrate the impact of that support in the lives of the children we serve."
Friends of Youth delivers a comprehensive range of therapeutic services for youth, young adults and families. With over 60 years of experience, national accreditation and 20 program sites, the agency provides safe places to live and emotional support for youth and families in challenging circumstances.
For more information, visit www.friendsofyouth.org.


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Single Forever
23 Laugh Out Loud Memes About Being Single | Look Happy being single.....haven't found the right man yet.
thisislovelifequotes.net - Looking for Love #Quotes, Life Quotes, #Quote, and #Cute Quotes for Girl and Boy? Then Go visit
The only thing I look forward to is going back to bed at night. I don't have anything to look forward to. I have no purpose. I can't find happiness. People may think I'm happy, that I'm fine, but I'm not, I'm just good at pretending.
Single in the womb, single till the tomb. #8fact #ForeverAlone
No boyfriend November, don't date December, just me January, forever alone February, no man March, all by myself April, manless May...
Yep. Always that girl that likes that guy she had zero chances with. You knew, fake smile. He thinks you're alright, but you're not...and you're always afraid to tell him that you like him because you're afraid you'll be his second choice, like everyone else, and no matter what he's told you before, no matter how many times he helps you through the harder times, you're his second choice...and it hurts.
That's me sadly but I want to be the girl he lends his hoodie to, the girl he sneaks up behind and wraps his hands around my waist and whispers you're beautiful in my ear…Man!i love love!
Lisa Simpson...yeah, that was pretty much my response any time I was told this-and-such would keep me single. Then this shirt for you Valentine Day : and You love Dogs and Cat click here :
This is exactly how I feel, so bored with anyone that doesn't respect my Decisions- because I'd rather be single forever than settle for anything less
"Who else is going into 2017 single?"


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Detail Images
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Free 2-Day shipping on orders over $50*
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10 Reviews
Flattering style, luxurious warmth.
The air cools off quickly when the sun goes down in a mountain town, so stay warm on your walk downtown to dinner in The North Face Women's Aconcagua Down Vest. Ideal for cool-to-cold conditions, depending on what you wear underneath, this vest exudes sophisticated style while still retaining outdoor appeal.
Down insulation offers lightweight and compressible warmth, and diamond-shaped baffles prevent cold spots while adding an elegant look. The down is also Responsible Down Standard certified, so you know the geese it came from were never live-plucked or force-fed. Synthetic insulated side panels keep the vest streamlined, and work with the active fit to offer a flattering silhouette.
- Sleek down vest for cool-to-cold weather
- Down from responsibly-raised geese
- Heatseeker-insulated side panels and collar
- Smooth satin fabric repels light precip
- Active fit for streamlined look
- Brushed collar lining for coziness
- Zippered hand pockets secure small items
- Item #TNF02P0
Tech Specs
Tech Specs
- Reviews
What do you think about this product?
Have questions about this product?
North Face Down Vest
- Familiarity: I've used it once or twice and have initial impressions
- Fit: True to size
Just received this in the mail and I already love it! It's going to be the perfect vest for Fall. North Face never disappoints!
Love North Face
- Familiarity: I've put it through the wringer
- Fit: True to size
- Size Bought: large
Bought this vest for warmth and comfort , not fashion and I literally wear it everyday! I chose black because my size was limited. I can wear a t-shirt or baggy sweater depending on the weather and know I'll be warm. Will be shopping for a brighter color for next winter, spiff it up a bit!
Nice but not fitted
- Familiarity: I returned this product before using it
- Fit: True to size
- Size Bought: large
I am between a medium/large and got the large in order to layer underneath. I found the vest a little boxy and not real fitted, so I am returning for a medium. I hope that works - it is a great color and quality.
Gave as a gift
- Familiarity: I gave it as a gift but have feedback to share
- Fit: True to size
This is a pretty solid down vest, but nothing particularly special. I gave this to my sister, at her request, and she is happy enough with it. Honestly, the fact it comes in purple is/was the biggest appeal here. In sum, I would say it's something that anyone will be satisfied with, but not particularly blown away by.
- Familiarity: I returned this product before using it
- Fit: Runs large
- Size Bought: small
I purchased this as a gift and was extremely disappointed with The North Face on this one. Normally their clothes are form fitting and fit true to size but this vest is huge and unflattering. Dont bother ordering a size smaller if you have a longer torso because it will be too short!
- Familiarity: I've used it several times
- Fit: True to size
- Size Bought: XS
I'm 49 & my daughter is 15 and we're fighting over it! Sizing is perfectly on the mark! Received quickly & was only site that I could find black one on sale!
A Gift for Mom
- Familiarity: I've used it several times
- Fit: True to size
I gave this as a gift but I have feedback to share. This vest fits true to size and has a really nice fit to it. The material seems a little thin but so far no rips or anything of the sort. A decent vest for the price!
- Familiarity: I've used it several times
- Fit: True to size
Nice feminine fit and perfect color that goes with everything. My wife loves it!
The Center Back Length is 25 inches for the small and 26 inches for the medium
Like it
- Familiarity: I've used it once or twice and have initial impressions
- Fit: Runs small
ordered XL black. I wear XL with most other brands and The North Face is a little bit smaller than regular size. I don't like a vest is too lose style. This vest is perfect for me. Also, the back side is slightly longer than the front side. I wear this vest at work and warm enough in 27 F today. I am thinking about buy another one.


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Dress Vika Elastic Bridesmaid
Are you trying to figure out what you'll wear for your wedding? Here we offer a wide range of elegant dress vika elastic bridesmaid with various styles to choose from Landybridal. Buy dress vika elastic bridesmaid online at discount prices! At the same time, custom-made luxury wedding dresses are available as well. Find the most beautiful wedding dresses to match your perfect man and everything you need to know about getting engaged! Shop now and find your perfect fit!
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- Copyright © 2005-2016 Cocomelody. All Rights Reserved.


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Fender 30 inch Bar Stool
An official Fender USA bar stool featuring that famous logo.
Main Features
- Official Fender merchandise
- Perfect for any guitar enthusiast
- 30 inches high
- Fender part number 099 0205 010
This 30-inch high barstool features four tubular legs and a foot rest. The padded rotating seat is covered with black and red vinyl and features a red Fender logo on the top. It's perfect for guitarists that prefer to sit on a stool and perform. This stool would also make an ideal present or gift for guitarists or people into rock and roll style decor. Some assembly is required.
- This product is in stock and ready to ship
This item is normally sent to Mainland UK addresses by DPD who generally provide a one-hour window of delivery on the morning of delivery by email or text message. If you need this item faster, please upgrade to a Before 12 service at checkout.
FREE delivery within mainland UK
UK Non-Mainland: £ 12
Rep. of Ireland and Mainland Europe: from £ 15 (calculated at checkout) International orders over £250 are delivered FREE except for large or heavy items. Please see our international delivery page or contact us for details.
Additional Information
On demo in store Yes Brand Fender Condition New
FeeFo Reviews
|Customer Comment
|Our Response
|Top quality
|Read more reviews on Feefo


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Check in from 13h / Check out prior to 11h
Super 8 Westminister Denver North: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Westminster, United States.
Featuring a sauna and a Jacuzzi, Super 8 Westminister Denver North is situated in Westminster and offers comfortable accommodation. It provides a fitness centre, as well as laundry facilities, a safe and a 24-hour reception.
Hotel description
There are a variety of amenities available to those staying at Super 8 Motel Denver North Westminster, including a lift, a wake-up service and a business centre. The in-house day spa provides a variety of facial and body treatments.
Super 8 has 116 spacious rooms offering all the essentials to ensure a comfortable stay. Individual bathrooms are equipped with a hair dryer.
A satisfying breakfast is prepared each morning at Super 8 Westminister Denver North, and there are numerous restaurants and eateries nearby. Guests looking for after-dinner entertainment can visit the in-house casino.
Denver International Airport is under a 35-minute drive from Super 8 Motel Denver North Westminster. Denver Zoo, Downtown Aquarium and Colorado Convention Center are just an easy car ride from the motel.
Hotel features
Air Conditioned, Cable / Satellite TV, Hair Dryer, TV, En suite, Private Bathroom
Business Center, Elevator / Lift, 24 Hour Reception, Safe-Deposit Box, Wake-up Service, Photocopier, Self Laundry
Fitness Room/Gym, Sauna, Casino, Jacuzzi, Spa & Wellness Centre
Private Toilet
Availability and Prices
Booking Site
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Per room
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Users who viewed Super 8 Westminister Denver North also viewed these 2 stars Westminster hotels:
Cottonwood Suites Westminster
12095 Mariposa Street, Westminster
12095 Mariposa Street, Westminster
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8500 Turnpike Dr., Westminster
8500 Turnpike Dr., Westminster
Extended Stay America Hotel Denver Westminster (Colorado)
1291 W 120th Ave, Westminster
1291 W 120th Ave, Westminster
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Narnia Roleplay Wikia
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
With premission from the admin here, EdmundtheJust, I'm posting a blog about a wiki I'm part of that needs members-The Narnia Roleplay Wikia.
At The Narnia Roleplay Wikia, you can create a roleplay character that resides in Narnia and roleplay in different places.
The Wiki is mostly set up; all we need is new members. If you're interested, click the link above and join :D
Severus Snape33px(Yay!) 23:37, June 2, 2011 (UTC)


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Ausangate Alpacor Mid-Calf Argyle Socks - Gray/black - Men Medium
- Brand New 1 Left
- Item is brand new Original sealed packaging
List Price $23.99
Please note: BLINQ sells products in multiple conditions (new, open box, refurbished, etc). Not all reviews are reflective of the condition that you may purchase.
No reviews found
- Features
- The Ausangate mid-calf argyle socks feature the timeless argyle design with a modern twist. These socks are great with jeans, dress pants or a tuxedo. These dress up or dress down socks are naturally hypoallergenic and itch-free, extremely soft and durable and naturally odor free, because the alpaca fiber blend in naturally anti-microbial.
- 881314180011
- Brand
- Ausangate Socks
- Model
- 202500
- Part
- 202500
May We Also Suggest
How BLINQ Works
- Retailer needs to move overstock, open box & refurbished inventory.
- BLINQ receives inventory and professionally inspects each item.
- Condition is determined, with only the best items passing inspection.
- Item is heavily discounted on BLINQ.com to sell quickly.


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Latest: Olympus' DP74 camera - Discover Intelligent Imaging
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Best Practice Guide to Safe Use of Laboratory Heating Blocks Updated
10 Things to Consider When Buying an Ultra-Low Temperature Freezer
How to Optimize Centrifuge Performance for Your Application
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Syringe filters function by blocking and removing particulates from a sample matrix. It is critical to evaluate filtration efficiency to understand whether the filter performs to the expected standard. Furthermore, column plugging is the most frequently encountered source of LC column failure. This application note tested the Agilent Captiva Premium syringe filters extensively for filtration efficiency to fully demonstrate their filtration capability. The results show that appropriate sample filtration prior to injection on column can significantly extend column lifetime.
Download this Article
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Captiva Filter Cartridges


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Grooming/Massaging Brush For Pets
- These red-colored grooming/massaging brushes will keep your dog/pet well-groomed by effectively getting rid of unwanted hair.
- An ergonomically-designed handle bar and an overall modest weight of 0.88lbs/400.0 grams make the entire grooming process effortless and quick.
- A must-have for pet-owners and pet-grooming facilities.
- They make excellent gifts too!


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Worried Mommy!!
Jan 22, 2013
I went to the grocery store today. I was in the store about 2 minutes my son wanted to take his coat off. When I took of his coat his shirt pulled up and I saw on the back of the seat were he was leaning against bare skin there was reddish blackish substance looked kinda like blood still looked wet not a large amount. My son had scraped his back a 4 days ago so the scab had pealed all off so there was split skin non bleeding. I guess my question is if his bare back touched the blood on his split skin is he at risk for hiv or hep c. Would testing be important to have done? Hes only 2. Thanks for the advice.
Response from Ms. Southall
Hi HIV transmission in this scenario is highly unlikely. If it were to be blood containing HIV on the grocery cart, HIV begins to die as soon as it leaves the body and is unable to infect. This happens within minutes. With the substance being dry there is no way for any transmission to occur. Your son is fine.
Be well and stay safe, Shannon
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Review our complete terms of use and copyright notice.


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The Deal
- $59 for an air duct cleaning ($195 value)
- Cleanings include one main duct, one return duct, and up to 12 vents. Technicians also check the fan motors, drain pans, heating and cooling coils, heat exchangers, and registers.<p>
Customer Reviews
They did a great job cleaning the ducts in our home and will definitely be using them again. We've already recommended their services to our neighbor.
Robert · February 16, 2014
1010 East Ashland Street
Middletown, DE 19709Get Directions


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"Have your camera handy: wierdos and crazy stuff" City Views Tip by amirguy
City Views, New York City: 20 reviews and 24 photos
There is always something crazy going on around town. From people talking to themselves, reading scripts loudly on the street, singing, praying, playing...etc
Like this Dalmatian dog riding the engine in this picture :)
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Jim Wallis is a New York Times bestselling author, public theologian, speaker, and international commentator on ethics and public life. He recently served on the White House Advisory Council on Faith-based and Neighborhood Partnerships and was former vice chair of and currently serves on the Global Agenda Council on Values of the World Economic Forum.
Jim is the author of 12 books. His most recent book, America's Original Sin: Racism, White Privilege, and the Bridge to a New America, was released in January 2016. His most recent books include: On God's Side: What Religion Forgets and Politics Hasn't Learned About Serving the Common Good, Rediscovering Values: A Guide for Economic and Moral Recovery; The Great Awakening:Reviving Faith & Politics in a Post-Religious Right America; and God's Politics: Why the Right Gets It Wrong and the Left Doesn't Get It.
He is president and founder of Sojourners, where he is also editor-in-chief of Sojourners magazine, which has a combined print and electronic media readership of more than a quarter million people. Jim frequently speaks in the United States and abroad. His columns appear in major newspapers, including The New York Times, Washington Post, Los Angeles Times, and Boston Globe. He frequently appears on radio and television as a commentator on CNN, MSNBC, Fox—on shows such as Meet the Press, Hardball, the Daily Show, the O'Reilly Factor—and on National Public Radio. He has taught at Harvard University, Georgetown University, and a variety of other academic institutions.
Jim was raised in a Midwest evangelical family. As a teenager, his questioning of the racial segregation in his church and community led him to the black churches and neighborhoods of inner-city Detroit. He spent his student years involved in the civil rights and antiwar movements. Jim founded Sojourners while a student at Trinity Evangelical Divinity School in Illinois. Jim and several other students started a small magazine and community with a Christian commitment to social justice. More than 40 years later, Sojourners has grown into a national faith-based organization. In 1979, Time magazine named Wallis one of the "50 Faces for America's Future."
Jim lives in Washington, D.C., with his wife Joy Carroll, one of the first women ordained in the Church of England and author of Beneath the Cassock: The Real-Life Vicar of Dibley, and their young sons, Luke and Jack. He is a Little League baseball coach.
Television Appearances
America and the impact of racial geography
Authors Jim Wallis and Eddie Glaude Jr. join Morning Joe to discuss the water crisis in Flint and how racial geography impacts the country.
To arrange a media interview, contact:
Michael Mershon, Director of Advocacy and Communications
tel: 202-745-4633
fax: 202-328-8757
email: email@example.com
»Download a print-quality photo (5x7 @ 300dpi)
View a full list of upcoming events featuring Jim Wallis and other Sojourners staff.
Request Jim to Speak
See Speaking Events Guidelines and Information here or Submit a Speaking Request Application here.
For speaking event invitations, contact:
James Simpson, Executive Assistant
3333 14th St NW, Suite 200
Washington, DC 20010
tel: 202-745-4600
fax: 202-328-8757
email: email@example.com
College Course
How does faith inform public debates on social justice in U.S. politics? How should religious leaders and politicians engage the political process while maintaining their moral witness? Since the fall of 2011, Jim Wallis has been addressing these questions in a course he teaches at Georgetown University's Berkley Center for Religion, Peace, and World Affairs. He leads the class through a series of topics that intersect religion, society, and politics. Sojourners and the Berkley Center have now made this course available online through video recordings and course packets.
The (Un)common Good: How the Gospel Brings Hope to a World Divided
Jim Wallis thinks our life together can be better. In this timely and provocative book, he shows us how to reclaim Jesus' ancient and compelling vision of the common good — a vision that impacts and inspires not only our politics but also our personal lives, families, churches, neighborhoods, and world. The (Un)Common Good is the revised and updated paperback edition of On God's Side and includes a new preface.
On God's Side: What Religion Forgets and Politics Hasn't Learned About Serving the Common Good
On God's Side examines the deepest problems this world faces. What we need is a commitment to an ancient idea whose time has urgently come: the common good. How do we work together, even with people we don't agree with? How do we treat each other, especially the poorest and most vulnerable? How do we take care of not just ourselves, but also one another? Wallis tackles these questions and more in this challenging, yet hopeful book.
The Great Awakening: Seven Ways to Change the World
What would it take to change the world? What would it take to end extreme poverty, to address climate change, to create peace? For too long, a narrow religious agenda has been used like a wedge to divide people. But a wider and deeper vision of faith and values is emerging. It's a renewal of faith – a great awakening – that combines personal faith with social justice. A new social movement is on the rise. The Great Awakening is upon us.
God's Politics: Why the Right Gets It Wrong and the Left Doesn't Get It
God's Politics offers a clarion call to make both our religious communities and our government more accountable to key values of the prophetic religious tradition. Our biblical faith and religious traditions simply do not allow us as a nation to continue to ignore the poor and marginalized, deny racial justice, tolerate the ravages of war, or turn away from the human rights of those made in the image of God. These are the values of love and justice, reconciliation, and community that Jesus taught and that are at the core of what many of us believe, Christian or not.
Faith Works: How Faith-based Organizations are Changing Lives, Neighborhoods, and America
"In Faith Works, Jim Wallis has woven together a detailed road map for those interested in loosening the chains of social injustice. This book is a powerful resource for change!" Millard Fuller, Founder and President, Habitat for Humanity International
The Soul of Politics: Beyond 'Religious Right' and 'Secular Left'
Jim Wallis responds to signs of cultural breakdown and political impasse with a resounding and highly moving call to reintegrate politics and spirituality - a call for a new political morality combining social justice with personal responsibility.
The Call to Conversion: Recovering the Gospel for These Times
Jim Wallis explores Jesus' call to God's community and away from worldly standards, the churches' betrayal of the call, and the possibilities for a new response.
Posts By This Author
'A Lynching, With a Gun'
A good friend of mine, a well-respected black Christian leader, called it a lynching. But with a gun, and not a rope. I agree.
I'm talking about the shooting of Walter Scott, a black man in North Charleston, S.C., who was shot and killed by white police officer Michael Slager. Black citizen Walter Scott — who was pulled over for a malfunctioning brake light — was shot several times in the back as he fled Slager after a brief tussle. Scott was unarmed, running away, and at least 17 feet away from Slager when Slager opened fire and shot him in the back. After killing him, Slager dropped his Taser next to Scott's body, which the prosecutors allege was an effort to make the case that he acted in self-defense.
Advent in 2016: Not Normal, Not Now, Not to Come
Now that the election is resolved, both the media and politicians have moved to "normalize" the president-elect, even if his personality and practices are far from normal. Let's call this the great Washington "suck up" to power which goes far beyond the peaceful transition of power, which is an invaluable American democratic tradition.
But this is not normal. None of this is normal.
A New America Will Come: The Voices I'm Thankful For
I am very grateful this Thanksgiving for the evangelicals who still realize that being truly "evangelical" means to follow the words of Jesus in Luke 4, which clearly describe the gospel he came to proclaim as "good news" to the poor that will "free the captives," and "let the oppressed go free." Drawing a circle of protection around the poor and vulnerable will be the first thing to do with this administration and the new Congress, and I am so grateful for all the people of faith who will unite together to do that.
I am also thankful for evangelicals who are less concerned about being persecuted for their beliefs, and more concerned about their brothers and sisters in Christ — immigrants and other people of color — who are now so afraid of persecution because they were targeted by the election campaign of man who is now president, and whose children are already being verbally and physically assaulted at their schools and on their playgrounds by people who claim to be the new president's supporters.
10 Commitments of Resistance in the Trump Era
We know you are fearful. We know you are still feeling the loss — the loss of a hoped for America that valued diversity, or perhaps the loss of your faith community whose white majority voted for an embodiment of our worst natures.
But we also know that you are ready to resist. You are ready to join the millions who will repeat daily that this ugly rhetoric and dangerous policy proposals cannot become normalized. Racism should not continue as normal, misogyny can't remain normal, and threatening the well being of those God calls us to welcome cannot become normal.
And so we make this commitment to you: We at Sojourners are all in for whatever is required over the next four years and beyond, as a publication, as a resource, as a community, as a network of activists. Here's how we get started.
Time for Healing. And Resistance.
All this will be risky and costly. Thus, it will be important that our first call is to go deeper into our faith, to find the courage to act, stand alongside our brothers and sisters under attack, and to confront the "principalities and powers." Perhaps the most encouraging calls to me since the election results last night have come from young people of all ethnicities — many of whom I know well and have mentored. Several have independently said, "I just wanted you to know that I AM IN for whatever this will require of us."
Thanks be to God.
One More Sunday: What Should Pastors Say Before Election Day?
So I am writing this to you, the pastors and spiritual leaders of congregations of Christians all across America. I am asking about your pastoral and prophetic responsibilities as we approach this historic election with potential consequences that we have never seen before in our lifetimes.
Read This Before You Cast a 'Supreme Court' Vote
As a Christian who truly believes that abortion is a moral issue, I am deeply committed to dramatically reducing them. But criminalizing an often desperate choice is not the answer. We must also be deeply committed to the economic security, healthcare, and childcare choices that women need, which are critical to reducing abortion. I believe in the sacredness and dignity of life from womb to tomb. But a "consistent ethic of life" also ending poverty, human trafficking, the death penalty, ceaseless and senseless wars, and weapons of mass destruction.
Ministers of Reconciliation
OUR NATION needs to begin healing the deep wounds that this election cycle has caused and exacerbated.
What wounds are these? Deep down, our country has developed a very large empathy deficit. The unprecedented toxicity of the rhetoric that came from Donald Trump emboldened many of his supporters to become vile and even violent in their characterizations of Hillary Clinton, her supporters, and anyone who didn't agree with them.
The anonymity of the internet and the nature of social media helped fuel the rise of the alt-right, a catch-all term for extremists that encompasses white nationalists, Neo-Nazis, and virulent misogynists, many of whom were Trump supporters. The CEO of his campaign, Steve Bannon, was one of the alt-right's most prominent boosters. These supporters embraced Donald Trump with cult-like fanaticism and used their online anonymity to hurl violent invective, peddle conspiracy theories, and even make death threats to people who opposed Trump or who were perceived as being biased against him. (Mainstream journalists, especially those who are black, Latino/a, Muslim, or Jewish, were the most frequent targets.) There was a complete lack of empathy from the alt-right for the feelings and motivations of anyone who did not support Trump or who belonged to one of the many groups he insulted.
Trump's campaign lifted a rock in American life, and all sorts of ugly things crawled out from beneath that rock. They denied the image of God in the people they targeted.
Many left-leaning partisans responded by demonizing not just Trump but everyone who supported his candidacy, and often in similarly toxic language. In some ways, liberals made a major mistake in the way they caricatured conservatives and previous Republican nominees. Speaking in apocalyptic terms about decent people such as Mitt Romney, whose positions they strongly disagree with, has made it more difficult to break through to both the media and rank-and-file conservatives about the clear and present danger of Trump's candidacy. And while Clinton's famous "basket of deplorables" comment was taken out of context to feed a perception that she had no empathy for any of Trump's supporters, many people on the left make precisely this mistake. They view all of Trump's supporters as ignorant racists and dismiss the real economic and social forces that have left many working-class whites behind, alienated and angry.
Witness the Vote: Protect Vulnerable Voters from Racial Profiling
We are calling upon Christians and other people of faith to act on their faith commitment to racial justice. Volunteers will be needed all across the country to ensure that vulnerable voters know their rights, have a way to get to the polls, and even have non-violent protection in order to have the opportunity to express their constitutional right to vote. Sojourners is working with other nonpartisan groups, in partnership with lawyers and others, in training people of faith to take these very appropriate — and necessary — steps to protect these Matthew 25 voters.
'Locker Room Talk'
Of course this it is not "just talk" as he and his defenders have claimed. But also concerning is the response from some Republican and religious leaders who had previously supported Trump now saying they can't anymore because of the women in their lives — daughters, wives, and mothers — who they want to protect. Women don't need protection from men; women need men to stop being predators, enablers, and bystanders. Women are human beings made in the image of God regardless of their relationship to a man. This isn't a woman's issue; it's a human issue.
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text: headsandtailsmusic Heads and Tails Music Cape Town Heads & Tails By far one of the most established deep/nu-disco house labels in South Africa, H&T has quietly crept up to its tenth birthday, having been begun in Cape Town in 2002 by two staples of the SA DJ scene, Craig De Sousa and Erefaan Pearce. Many seasons of featuring on countless local DJ mixes and compilations have resulted in the impressive back-catalogue that now makes up the H&T treasure chest. With the first release dating back to 2001, it is a label that that has had to wait patiently for it's coming out party due to the forward thinking of the artists it features. But now in 2012, the H&T archives are set for release, sleeves and all. The artist line-up is an impressive array of South African stalwarts of house music, and the music featured has been tearing SA's dance floors and airwaves apart for a decade. With usage licenses being handed over for mix series and compilations in droves (15 in 8 years), its no wonder the entire batch is ready for digital distribution as single's and EP's for international consumption. The label features contributions from nearly 20 South African artists, and is only just teething. Now that owner and co-founder Craig de Sousa has teamed up with partner Roger D'Lux, the label is finally ready for international distribution. A back catalogue of 20 well thought and out and designed releases are ready for the digital shelves as of mid-2012. With a plethora of new material in the pipeline, H&T is set to become a major contender for South African space in the digital music market. With a focus on local producers, new artists are welcome to submit their offerings for consideration by the label bosses by sending them to email@example.com. International and African artists will be welcomed in the near future. For more information: www.headsandtailsmusic.com www.facebook.com/headsandtailsmusic headsandtailsmusic's tracks Steve G- Body Rock- H&T035 by headsandtailsmusic published on 2014/05/19 10:05:04 +0000 Steve G- Get Out- H&T035 by headsandtailsmusic published on 2014/05/19 10:05:02 +0000 Jay Bhana- Groov'd- H&T034 by headsandtailsmusic published on 2014/05/19 10:01:01 +0000 Jay Bhana- Takin' Over- H&T034 by headsandtailsmusic published on 2014/05/19 10:00:56 +0000 Craig De Sousa- Disco Manic- H&T033 by headsandtailsmusic published on 2013/10/30 08:45:17 +0000 Craig De Sousa- News Wave- H&T033 by headsandtailsmusic published on 2013/10/30 08:39:07 +0000 Dakin Auret- Mighty Real- H&T032 by headsandtailsmusic published on 2013/10/15 09:38:22 +0000 Dakin Auret- Somebody's Fool- H&T032 by headsandtailsmusic published on 2013/10/15 09:28:42 +0000 Erefaan Pearce- Vultures- H&T031 by headsandtailsmusic published on 2013/09/30 11:58:38 +0000 Erefaan Pearce- W.I.N.E.- H&T031 by headsandtailsmusic published on 2013/09/30 11:54:01 +0000


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April 1, 2010
YATRAM INDERGIT, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,v.RITE AID CORPORATION, RITE AID OF NEW YORK, INC., AND FRANCIS OFFOR AS AIDER & ABETTOR, DEFENDANTS.ANGEL NAULA AND JOSE FERMIN, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,v.RITE AID OF NEW YORK D/B/A RITE AID, RITE AID CORPORATION AND JOHN DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.
In this putative collective and class action*fn1 , Plaintiff Yatram Indergit asserts claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 et seq., and the New York Labor Law ("NYLL"), §§ 650 et seq., on behalf of himself and all others similarly situated, for failure to pay overtime compensation. Plaintiff also asserts individual claims for age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. ("ADEA"), the New York State Human Rights Law, Executive Law §§ 290 et seq. ("NYSHRL"), and the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-107 et seq. ("NYCHRL"), and for retaliation under the NYLL and FLSA. Plaintiff seeks, for himself and others similarly situated, monetary damages and injunctive relief.
Rite Aid Corporation and Rite Aid of New York, Inc. (collectively "Rite Aid") have moved for summary judgment on Plaintiff's claims for overtime pay under the FLSA, for retaliation under the FLSA and the NYLL, and for injunctive relief under the FLSA and the NYLL.
Defendants argue that Plaintiff's FLSA claim fails because he was an exempt employee under the FLSA. Defendants further contend that Plaintiff never made any formal complaints under the FLSA or the NYLL and that he is therefore barred from bringing retaliation claims under these statutes. Finally, Defendants argue that Plaintiff, as a former employee, may not seek injunctive relief.
For the reasons set forth below, Defendants' motion is GRANTED as to Plaintiff's FLSA and NYLL retaliation claims. To the extent that Plaintiff seeks injunctive relief for himself, that claim is likewise dismissed. Defendants' motion for partial summary judgment is otherwise DENIED.
Rite Aid hired Plaintiff Yatram Indergit as a store manager in 1979, and he went on to spend most of his professional career working at a Rite Aid store in White Plains, New York. (Amended Cmplt. ¶ 45) On November 30, 2007, Rite Aid fired Indergit. (Id.)
Indergit's Amended Complaint includes a class action claim based on alleged violations of the NYLL; a collective action claim under the FLSA; and individual claims relating to age discrimination. (Id. ¶¶ 57-77) Indergit's class action claims under the NYLL are based on Rite Aid's alleged failure to pay overtime compensation to its store managers and assistant store managers. Indergit's collective action claims pursuant to the FLSA are based on Rite Aid's failure to pay overtime compensation to its store managers.*fn2
Indergit claims that Rite Aid -- as part of a program to reduce the amount of overtime compensation paid to non-exempt employees -- has a policy of requiring store managers and assistant store managers to work overtime to perform the duties of non-exempt employees, such as cashiers and stock handlers. (Id. ¶¶ 37, 38) Indergit further alleges that Rite Aid managers and assistant managers are required "to work up to 80 hours a week and/or six or seven days a week" "to make up all the hours previously worked by non-exempt employees." (Id. ¶ 38) According to Indergit, Rite Aid does not pay its managers overtime compensation as required by the FLSA and the NYLL. (Id. ¶ 42)
Defendants served their motion for partial summary judgment on June 8, 2009. [Docket No. 71]
Under this Court's original Joint Case Management Plan and Scheduling Order, the parties were scheduled to complete depositions of fact witnesses and all fact discovery by October 9, 2009. [Docket No. 16 (Joint Case Management Plan and Scheduling Order), at ¶¶ 8, 10] The Court subsequently granted the parties' request to extend the fact discovery deadline to November 9, 2009 [Docket No. 80], and later further extended the fact discovery deadline to January 8, 2010 [Docket No. 84]. The parties then requested an additional ninety-day extension. [Docket No. 86] Discovery is currently set to close on April 8, 2010.
Defendants argue that they are entitled to summary judgment on Plaintiff's FLSA claim for unpaid overtime wages because Indergit falls within the executive exemption of the FLSA:
Plaintiff's testimony confirms that he was unquestionably in charge of the store, disciplined employees, interviewed employees, trained employees, scheduled employees, performed office work such as payroll and financial data, and managed the store's inventory. . . . Plaintiff admits that during the relevant time period, he was at all times responsible for the day-to-day supervision, development and evaluation of at least eight to sixteen employees within his Store. . . . Plaintiff further admits that, at a minimum, his recommendations regarding hiring, firing and changes in employment status of his subordinate employees were followed. . . . He also admits that he was paid a salary in excess of that required to qualify for the FLSA's executive exemption. . . .For all of these reasons, Rite Aid properly classified Plaintiff as an exempt executive, as he has no FLSA claim for overtime pay. (Def. Br. 2)
A review of the record, however, including the parties' Rule 56.1 statements, reveals that material issues of fact remain as to whether Plaintiff was properly classified as an exempt executive employee. Moreover, because Defendants filed their motion early in the discovery process, the Court does not have an adequate factual record before it to determine whether Plaintiff was properly classified.
Summary judgment is warranted where the moving party shows that "there is no genuine issue as to any material fact" and that it "is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). "A dispute about a 'genuine issue' exists for summary judgment purposes where the evidence is such that a reasonable jury could decide in the non-movant's favor." Beyer v. County of Nassau, 524 F.3d 160, 163 (2d Cir. 2008). In deciding a summary judgment motion, the Court "resolve[s] all ambiguities, and credit[s] all factual inferences that could rationally be drawn, in favor of the party opposing summary judgment." Cifra v. Gen. Elec. Co., 252 F.3d 205, 216 (2d Cir. 2001). "The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish her right to judgment as a matter of law." Rodriguez v. City of New York, 72 F.3d 1051, 1060-61 (2d Cir.1995)
"Mere conclusory statements, conjecture or speculation" by the plaintiff will not defeat a summary judgment motion. Gross v. National Broad. Co., Inc., 232 F. Supp. 2d 58, 67 (S.D.N.Y. 2002). Instead, the plaintiff must offer "concrete particulars."
Bickerstaff v. Vassar Coll., 196 F.3d 435, 451-52 (2d Cir. 1999) (disregarding plaintiff's Rule 56(e) affidavit because it lacked "concrete particulars").
"The Second Circuit has held that 'summary judgment should only be granted if "after discovery, the nonmoving party has failed to make a sufficient showing on an essential element of [its] case with respect to which [it] has the burden of proof."'" Behzadi & Brenjian Carpet v. David & Son Oriental Antique Rugs Corp., No. 07 Civ. 7073 (BSJ), 2009 WL 773312, at *2 (S.D.N.Y., Mar. 19, 2009) (quoting Miller v. Wolpoff & Abramson, L.L.P., 321 F.3d 292, 303 (2d Cir.2003) (quoting Hellstrom v. United States Dep't of Veterans Affairs, 201 F.3d 94, 97 (2d Cir.2000))) (alterations in original). Therefore, "[o]nly in the rarest of cases may summary judgment be granted against a plaintiff who has not been afforded the opportunity to conduct discovery." Miller, 321 F.3d at 303-04 (quoting Hellstrom, 201 F.3d at 97) (internal quotation marks omitted).
Accordingly, "[t]he burden on the moving party is greater in cases where discovery is incomplete." Saffire Corp. v. Newkidco., LLC, 286 F. Supp. 2d 302, 306 (S.D.N.Y. 2003); see also Park Ave. Bank, N.A. v. Bankasi, No. 93 Civ. 1483, 1995 WL 739514, at *1 (S.D.N.Y. Dec. 13, 1995) ("Summary judgment is strongly disfavored prior to the parties having had an adequate opportunity for discovery.").
This is not one of the "rarest of cases" in which it is appropriate to dismiss plaintiff's claim based on information obtained at the outset of discovery.
A.The FLSA Overtime Claim
Defendants contend that "Plaintiff's own testimony conclusively establishes that he falls squarely within the executive exemption" of the FLSA, because he admitted at his deposition that he was "unquestionably in charge of the store, disciplined employees, interviewed employees, trained employees, scheduled employee hours, performed office work such as payroll and financial data, and managed the store's inventory." (Def. Br. 1)
Plaintiff argues, however, that his "job responsibilities were identical for the most part with those of nonexempt employees, because Defendant[s] reassigned those employees' responsibilities to Plaintiff and other so-called 'managers' and 'assistant managers'. . . ." (Pltf. Br. 2) Plaintiff further contends that Defendants' motion for summary judgment is premature because Defendants "filed this motion well before the close of fact discovery and after only brief discovery has been permitted with respect to conditional certification as provided by the Scheduling Order." (Pltf. Br. 1)
1.The Executive Exemption
The FLSA requires that employers pay their employees time-and-a-half after the employee has worked more than 40 hours during a work week. 29 U.S.C. § 207(a)(1). Employers do not have to pay time-and-a-half, however, to individuals "employed in a bona fide executive, administrative, or professional capacity." 29 U.S.C. § 213(a)(1).
Congress did not further define these exemptions in the FLSA, but instead delegated this responsibility to the Department of Labor. Id. Because the executive exemption is an affirmative defense to overtime pay claims, the employer bears the burden of proving that a plaintiff has been properly classified as an exempt employee. See Corning Glass Works v. Brennan, 417 U.S. 188, 196-97 (1974); Clougher v. Home Depot U.S.A., Inc., No. 06 Civ. 5474 (RRM), 2010 U.S. Dist. LEXIS 24238, at *9-10 n.4 (E.D.N.Y. Mar. 11, 2010) ("In the context of overtime wage claims. . .application of the 'executive exemption' is an affirmative defense, which any defendant employer bears the burden of proving by a preponderance of the evidence (citing Bilyou v. Dutchess Beer Distribs., Inc., 300 F.3d 217, 222 (2d Cir. 2002)). "[B]ecause the FLSA is a remedial act, its exemptions, such as the 'bona fide executive' exemption . . . are to be narrowly construed." Martin v. Malcolm Pirnie, Inc., 949 F.2d 611, 614 (2d Cir. 1991).
Department of Labor regulations set forth the following requirements for application of the executive exemption:
(1) [The employee is] [c]ompensated on a salary basis at a rate of not less than $455 per week (or $380 per week, if employed in American Samoa by employers other than the Federal Government), exclusive of board, lodging or other facilities;
(2) [The employee's] primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof;
(3) [The employee] customarily and regularly directs the work of two or more other employees; and
(4) [The employee] has the authority to hire or fire other employees or [the employee's] suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight.
29 C.F.R. § 541.100(a).*fn3 Here, there is no dispute that Plaintiff was paid on a salary basis at a rate greater than $455 per week, and that he customarily and regularly directed the work of two or more other employees. The parties dispute, however, whether Plaintiff's "primary duty" was "management of the enterprise." (Def. Br. 7-15; Pltf. Br. 20-23)
Department of Labor regulations define "primary duty" -- as used in § 541.100(a)(2) -- as follows:
(a) To qualify for exemption under this part, an employee's "primary duty" must be the performance of exempt work. The term "primary duty" means the principal, main, major or most important duty that the employee performs. Determination of an employee's primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee's job as a whole. Factors to consider when determining the primary duty of an employee include, but are not limited to, the relative importance of the exempt duties as compared with other types of duties; the amount of time spent performing exempt work; the employee's relative freedom from direct supervision; and the relationship between the employee's salary and the wages paid to other employees for the kind of nonexempt work performed by the employee.
(b) The amount of time spent performing exempt work can be a useful guide in determining whether exempt work is the primary duty of an employee. Thus, employees who spend more than 50 percent of their time performing exempt work will generally satisfy the primary duty requirement. Time alone, however, is not the sole test, and nothing in this section requires that exempt employees spend more than 50 percent of their time performing exempt work. Employees who do not spend more than 50 percent of their time performing exempt duties may nonetheless meet the primary duty requirement if the other factors support such a conclusion.
(c) Thus, for example, assistant managers in a retail establishment who perform exempt executive work such as supervising and directing the work of other employees, ordering merchandise, managing the budget and authorizing payment of bills may have management as their primary duty even if the assistant managers spend more than 50 percent of the time performing nonexempt work such as running the cash register. However, if such assistant managers are closely supervised and earn little more than the nonexempt employees, the assistant managers generally would not satisfy the primary duty requirement.
29 C.F.R. § 541.700 (emphasis added).
Determining whether an employee is exempt from the overtime requirements is a highly fact-intensive inquiry that is "'to be made on a case-by-case basis in light of the totality of the circumstances.'" Clougher, 2010 U.S. Dist. LEXIS 24238, at *13 (quoting Johnson v. Big Lots Stores, Inc., 604 F. Supp. 2d 903, 908 (E.D. La. 2009)); see also Barfield v. New York City Health and Hosps. Corp., 537 F.3d 132, 141-42 (2d Cir. 2008) ("[E]mployment for FLSA purposes [is] a flexible concept to be determined on a case-by-case basis by review of the totality of the circumstances"); Schwind v. EW & Assocs., 357 F. Supp. 2d 691, 703 (S.D.N.Y. 2005) ("Whether an employee is exempt from the overtime pay provisions is a 'fact intensive inquiry.'") (quoting Kahn v. Superior Chicken & Ribs, Inc., 331 F. Supp. 2d 115, 118 (E.D.N.Y. 2004)).
Furthermore, "'[d]isputes regarding the nature of an employee's duties are questions of fact.'" Hendricks v. J.P. Morgan Chase Bank, N.A., No. 08 Civ. 613 (JCH), 2009 U.S. Dist. LEXIS 117374 at*14 (D. Conn. Dec. 15, 2009) (quoting Jarrett v. ERC Properties, Inc., 211 F.3d 1078, 1081 (8th Cir. 2000)); see also Icicle Seafoods, Inc. v. Worthington, 475 U.S. 709, 714 (1986) ("The question of how the respondents spent their working time . . . is a question of fact.").
2.Genuine Issues of Material Fact Preclude Summary Judgment
Defendants' motion for partial summary judgment is premised upon Plaintiff's deposition testimony, which Defendants argue "conclusively establishes that he falls squarely within the executive exemption." (Def. Br. 1) Defendants contend that Plaintiff testified that while serving as a manager at Rite Aid he:
Scheduled employees . . . ; reviewed and approved employees' time punches and ensured the accuracy of payroll . . . ; developed and trained employees and assisted them with any questions they had . . . ; evaluated employees . . . ; motivated employees . . . ; disciplined and addressed performance issues with employees . . . ; assigned employees to particular jobs . . . ; . . . ran store meeting[s] . . . . determined the amount of stock to be purchased, kept track of inventory and checked in vendors . . . . conducted audits of cashiers' drawers and otherwise ensured the appropriate handling and deposit of the store's monetary funds and assets. (Def. Br. 9-10) (citations omitted). Defendants argue that these duties "are exactly the type of job duties the Second Circuit has previously held to be important managerial job functions." (Def. Br. 10) While Defendants contend that Plaintiff's deposition conclusively establishes that he "was captain of the ship" (Def. Br.10), determining whether Plaintiff was truly the "captain of the ship" or merely had that title requires "'a voyage through fact-bound waters; [a]lthough there are a great many stars of law to navigate by, the course turns on the facts of an employee's job duties.'" Mullins v. City of New York, 523 F. Supp. 2d 339, 355 (S.D.N.Y. 2007) (quoting Harris v. District of Columbia, 741 F. Supp. 254, 259 (D.D.C. 1990)).
While it appears clear that Plaintiff performed a variety of exempt duties, the very limited record before the Court does not reveal the relative importance of these duties versus the non-exempt duties Plaintiff alleges he performed on a weekly basis, including, inter alia, staffing the cash register and photo processor (Vagnini Aff. Ex. 21 (Indergit Aff. In Opp. To Summ. Judg.), ¶ 2), moving inventory from the back room to the retail floor or around the retail floor (id. ¶ 6), moving crates and boxes in the back room, in the stock room, or on the retail floor (id. ¶ 5), and unloading trucks for hours at a time (Vagnini Aff. Ex. 1 (Excerpts from the April 23, 2009 Deposition of Plaintiff Yatram Indergit ("Indergit Dep.")), at 245). The critical inquiry is "the relative importance of an employee's exempt duties as compared with other types of duties." 29 C.F.R. § 541.700(a). Many courts have held that resolving this difficult and intensive factual inquiry is inappropriate at summary judgment. See, e.g., Clougher, 2010 U.S. Dist. LEXIS 24238, at *18 (denying summary judgment and noting -- as to the relative importance of plaintiff's exempt versus non-exempt duties -- that "[t]he factual record . . . is hotly disputed, and cannot be resolved without further fact-finding"); Rubery v. ButhNa-Bodhaige, Inc., 470 F. Supp. 2d 273, 277 (W.D.N.Y. 2007) (denying summary judgment and stating that "it is a question of fact for the jury as to whether plaintiff's primary job responsibilities could be considered managerial, thereby exempting her from the FLSA overtime requirements.").
Defendants argue that this Court should limit its inquiry concerning Plaintiff's job duties to statements he made at his deposition. Case law and Department of Labor regulations, however, indicate that the inquiry is far more complicated, and requires weighing a variety of factors and a "totality of the circumstances" approach.
For example, Defendants contend that Plaintiff testified that he was "in charge" and the "highest-ranked" employee at his store, and that "this admission alone is sufficient for the Court to find that management was Plaintiff's primary duty." (Def. Br. 9) "[T]he words 'in charge' [or "highest ranked"] are not[, however,] a magical incantation that render an employee a bona fide executive regardless of his actual duties." Ale v. TVA, 269 F.3d 680, 691 (6th Cir. 2001); Damassia v. Duane Reade, Inc., No. 04 Civ. 8819, 2006 U.S. Dist. LEXIS 73090, at *15 n.7 (S.D.N.Y. Oct. 4, 2006) ("The mere fact that plaintiffs' job responsibilities differ from, and are more important than, the responsibilities of stock clerks does not necessarily mean that the requirements of 29 C.F.R. § 541.100 and related provisions are satisfied. See also 29 C.F.R. § 541.1 (2004). In other words, employees do not become bona fide executives under [the] FLSA simply because there are employees lower than them in the company's hierarchy. It is possible that both stock clerks and assistant night managers are entitled to overtime compensation, even if assistant night managers have more authority and more responsibility than the clerks."); see also Big Lots, 604 F. Supp. 2d at 914 (denying executive exemption defense where plaintiffs sometimes served as sole managers-in-charge of their store).
Even where there has been full discovery,courts are often reluctant to grant summary judgment based on the executive exemption because of the deeply factual nature of the inquiry. For example, in Rubery v. Buth-Na-Bodhaige, Inc., 470 F. Supp. 2d 273 (W.D.N.Y. 2007), the defendant contended that plaintiff -- a manager at "The Body Shop" -- was properly classified as exempt because she "ran the show," was visited infrequently by her district manager, and her pay far exceeded those she supervised. Id. at 276. The plaintiff, by contrast, claimed that she spent "approximately 90% of her time performing mere selling duties," that those "selling duties involved the same activities as sales associates," and that "she was largely controlled by the district sales manager and the area manager." Id. at 277. Faced with these conflicting accounts, the court determined that defendant "had failed to establish, as a matter of law, that [plaintiff's] primary duty was management":
There are facts which could lead to such a conclusion, but there are other facts that indicate the contrary. To some extent, issues of credibility may be involved in the final resolution of this issue. There are questions as to what plaintiff actually did during her workday and what type of independent authority she had. In sum, I think it is a question of fact for the jury as to whether plaintiff's primary job responsibilities could be considered managerial, thereby exempting her from the FLSA overtime requirements.
Id. at 277 (citing Goldman v. RadioShack Corp., No. 03 Civ. 0032, 2006 U.S. Dist. LEXIS 2433, 2006 WL 336020, at *4 (E.D. Pa. Jan. 23, 2006) (whether primary duty was management "is unquestionably a factual question for the jury to decide."); Harris, 741 F. Supp. at 259).
Similarly, here, the incomplete nature of the record, and the parties' factual disputes concerning Plaintiff's primary job responsibilities, make it improper for this Court -- at this time -- to resolve Plaintiff's claims as a matter of law.
a.Time Spent Performing Exempt Versus Non-Exempt Duties
Genuine issues of material fact exist as to how much time Plaintiff spent performing exempt versus non-exempt duties. Plaintiff contends that he spent 90% of his time performing non-exempt duties (Vagnini Aff., Ex. 21, (Indergit Affidavit in Opposition to Defendants Motion for Partial Summary Judgment, Aug. 10, 2009), at ¶ 7; Vagnini Aff., Ex. 22 (Indergit Affidavit in Support of Plaintiff's Motion for Conditional Certification Apr. 8, 2009), at ¶ 6; Indergit Dep. 403), whereas Defendants argue that "Plaintiff spent at least thirty-six (36) of the seventy (70) to eighty (80) hours he claims to have worked each week performing managerial job duties, i.e., at least 40% of his time."
(Def Br. 14); see also Def. R. 56.1 Stat. ¶¶ 38-55. Defendants' assertion is based on Plaintiff's testimony regarding the various tasks he performed during a work week and his estimate of how much time he devoted to each task. Defendants further contend -- correctly -- that Plaintiff cannot create a genuine issue of material fact merely by submitting a declaration or affidavit that contradicts his deposition testimony. (Def. Reply. Br. 4); see Palazzo v. Corio, 232 F.3d 38, 43 (2d Cir. 2000) ("In opposing summary judgment, a party who has testified to a given fact in his deposition cannot create a triable issue merely by submitting his affidavit denying the fact.")
Plaintiff's declaration, however, does not directly contradictory his deposition testimony -- or his initial declaration -- which likewise asserted the 90% figure. (Vagnini Aff. Ex. 22 (Indergit Affidavit in Support of Plaintiff's Motion for Conditional Certification , dated Apr. 8, 2009), at ¶ 6) Nowhere in his deposition testimony did Plaintiff admit that his 90% estimate was wrong. Indeed, when Plaintiff was questioned about the 90% figure, he endorsed it. (Indergit Dep. 403) While Rite Aid elicited testimony that can be used to undermine Plaintiff's 90% estimate and attack Plaintiff's credibility on this point, Plaintiff has not -- contrary to Rite Aid's arguments -- "acknowledge[d] that this 90% overstatement cannot be accurate" (Def. Reply Br. 3), and this issue is therefore not appropriate for summary judgment treatment at this time.*fn4 "To the extent that there is a conflict in a witness's testimony, such a conflict affects the weight of the testimony, not its admissibility." Palazzo v. Corio, 232 F.3d 38, 43 (2d Cir. 2000) (citing United States v. Rodriguez, 968 F.2d 130, 143 (2d Cir. 1992), cert. denied, 506 U.S. 847 (1992). Moreover, "[i]t is a settled rule that '[c]redibility assessments, choices between conflicting versions of events, and the weighing of evidence are matters for the jury, not the court on a motion for summary judgment.'" McClellan v. Smith, 439 F.3d 137, 144 (2d Cir. 2006) (quoting Fischl v. Armitage, 128 F.3d 50, 55 (2d Cir. 1997)).
Accordingly, there remains a genuine issue of material fact as to how much time Plaintiff spent performing exempt versus non-exempt duties.*fn5 To resolve this critical factual dispute will require a more fully developed factual record, including, inter alia, testimony from Plaintiff's co-workers and supervisor.
b.Scheduling Responsibilities
Defendants contend that Plaintiff admitted at his deposition that he "scheduled employees" (Def. Br. 9), and that this admission supports their argument that he was properly classified as an exempt employee. There remains a material factual dispute concerning the extent of Plaintiff's scheduling responsibilities, however. (Def. R. 56.1 Stat. ¶ 11; Pltf. R. 56.1 Resp. ¶ 11) Plaintiff's testimony indicates that he created a work schedule by inputting employees' availability into "Staff Works," a computer program provided by Defendants; the computer program then created the weekly schedule. Plaintiff also testified that he was responsible for making adjustments to the schedule when an employee did not appear for work. (Turner Aff. Ex. A (Excerpts from the April 23, 2009 Deposition of Plaintiff Yatram Indergit ("Indergit Dep.")), at 186-87). Whether, under these circumstances, it can be properly be said that Plaintiff controlled the scheduling of employees' time -- as opposed to merely inputting information into a Company-provided computer program that generated the weekly schedule -- requires a more developed factual record.*fn6
c.Performance of Non-Exempt Duties by Choice or Direction
Defendants also contend that if Plaintiff performed non-exempt duties, he did that by choice rather than pursuant to Company direction. See, e.g., Def. R. 56.1 Stat. ¶ 36 ("[i]n order to be an effective manager, Plaintiff used his managerial discretion and chose to help and at the same time supervise hourly employees, for example, while they unloaded the delivery truck. . . ."); (Def. Reply Br. 6) (Plaintiff "often chose to perform 'non-exempt' duties because his management style was leading by example, and he believed it made him an effective manager.") Plaintiff disputes this contention, however, asserting that because he "had no discretion to award overtime to other employees . . . he [had] to work overtime in the photo shop or unloading trucks and crates to stock the store shelves." Plaintiff further asserts that his supervisor -- Rite Aid District Manager Offor -- "instructed Plaintiff that instead of hiring or expanding the hours of other employees, Plaintiff . . . had to do the work, finish within a specified period of time, stocking shelves and carrying out the remaining workload of a Rite Aid store." (Pltf. R. 56.1 Resp. ¶ 36; see also Indergit Dep. at 151-52, 158-59, 401)At his deposition, Plaintiff testified that Offor instructed Plaintiff that he and his assistant manager were responsible for completing any work left undone by non-exempt workers during their allotted "straight-pay" work hours. Offor allegedly told Plaintiff, "you got to stay there and get it done regardless." (Indergit Dep. 152).
Whether Plaintiff's performance of non-exempt duties was mandatory or discretionary is of critical importance in deciding whether Plaintiff was correctly classified as an exempt employee. "Generally, exempt executives make the decision regarding when to perform nonexempt duties. . . ." 29 C.F.R. § 541.106(a). Once again, Plaintiff's deposition does not represent the sum total of evidence material to this determination. Testimony from Plaintiff's supervisor and co-workers is likely to be highly relevant, along with corporate records and documentation from Rite Aid.*fn7
Without a more fully developed factual record, this Court cannot resolve the factual dispute presented by the parties' contradictory assertions.*fn8
3.Because Discovery is Not Complete, Rite Aid's Motion is Premature
In opposing Defendants' summary judgment motion, Plaintiff's counsel submitted an affirmation indicating that discovery was not complete and specifying information Plaintiff had requested from Defendants but not received. [Docket No. 78 (Vagnini Aff.)] Plaintiff's counsel's affirmation states in pertinent part:
4. To date, Defendants have failed to produce many documents which are necessary to Plaintiff's claims, including labor budgets, schedules, hours worked, corporate communications relating to Plaintiff's store, minutes from conference calls relating to the labor budget and assignments to management employees, pay stubs for management employees, and many other documents which relate to the corporate policies and procedures which Plaintiff has requested yet Defendant has objected to producing them.
5. Defendants have hindered this process by refusing to produce complete responses to interrogatories and document demands, objecting to the most relevant portions of these requests. Further, Defendants have not provided the names of individuals who have relevant information or other similarly situated individuals who hold information relevant to the ongoing litigation. In sum, Defendants have failed to respond in any meaningful way to Plaintiffs interrogatories in total. They have also failed to identify the documents which relate directly to Plaintiff's individual claims.
6. While not providing full answers, Defendants did provide some responses to Plaintiff's demands. They were limited in scope to Plaintiff's store and did not include many documents which relate to the greater region and corporate communications. Indeed the few corporate communications which were disclosed included nothing more than unrelated emails relating to problems within the store's daily operation. This occurred despite this portion of discovery being related specifically to conditional certification and not merely Plaintiff's claims.
7. Specifically, Defendants have not produced documents relating to how management employees, including Plaintiff, were categorized as exempt from overtime laws. This highly relevant information was deemed objectionable and Defendants only produced documents from Plaintiff's store which in no way reflected any decision making process for designating employees as exempt or non-exempt from overtime. (Vagnini Aff. ¶¶ 4-7)
Under Fed. R. Civ. P. 56(f), "if a party opposing a summary judgment motion shows by affidavit that, for specified reasons, it cannot present facts essential to justify its opposition, the court may, inter alia, deny the summary judgment motion or order a continuance to allow the opposing party to obtain affidavits, take depositions, or conduct other discovery that is material to its opposition to the motion." See In re Dana Corp., 574 F.3d 129, 148 (2d Cir. 2009) (citing Fed. R. Civ. P. 56(f)). "Rule 56(f) applications are for summary judgment motions made before discovery has concluded." Little v. City of New York, 487 F. Supp. 2d 426, 436 (S.D.N.Y. 2007) "To request discovery under Rule 56(f), a party must file an affidavit describing: (1) what facts are sought and how they are to be obtained; (2) how these facts are reasonably expected to raise a genuine issue of material fact; (3) what efforts the affiant has made to obtain them; and (4) why the affiant's efforts were unsuccessful." Gualandi v. Adams, 385 F.3d 236, 244 (2d Cir. 2004) (citing Hudson River Sloop Clearwater, Inc. v. Dep't of the Navy, 891 F.2d 414, 422 (2d Cir. 1989)).
"[A] party against [whom] summary judgment is sought must be afforded 'a reasonable opportunity to elicit information within the control of his adversaries.'" In re Dana Corp., 574 F.3d at 149 (quoting Quinn v. Syracuse Model Neighborhood Corp., 613 F.2d 438, 445 (2d Cir. 1980) (summary judgment should not be granted against nondilatory party who has been "denied reasonable access to potentially favorable information")). However, "[a] court plainly has discretion to reject a request for discovery if the evidence sought would be cumulative or if the request is based only on 'speculation as to what potentially could be discovered,' . . . and a bare assertion that the evidence supporting plaintiff's allegations is in the hands of the moving party is insufficient to justify the denial of summary judgment." In re Dana Corp., 574 F.3d at 148-49 (quoting Paddington Partners v. Bouchard, 34 F.3d 1132, 1137-38 (2d Cir. 1994)).
Here, Plaintiff's counsel's affirmation demonstrates that discovery, to date, has been inadequate. Plaintiff's counsel has outlined the nature of the factual information he seeks, and it is obvious that this information is relevant to the issues raised in this litigation. Counsel has also outlined the efforts made to obtain this information, and Defendants' lack of cooperation.*fn9 Under the circumstances of this case, this is an adequate showing under Rule 56(f).
Defendants argue that Plaintiff has failed to meet Rule 56(f)'s requirements, however, because he "fails to explain how any deposition or additional documents could materially impact his own admissions." (Def. Reply Br. 9) It is obvious to the Court that deposition testimony from, for example, Plaintiff's supervisor*fn10 and co-workers, and additional document discovery from Rite Aid, could shed light on the material issues of fact discussed above.*fn11 While Plaintiff testified at his deposition that he performed many duties that are exempt, this testimony is not -- for the reasons already discussed -- dispositive of the issues in this litigation.
Under similar circumstances, other courts have determined that a summary judgment motion must be denied. Clougher v. Home Depot U.S.A., Inc. is instructive in this regard. In Clougher, the defendant moved for summary judgment arguing that plaintiff -- an assistant manager at Home Depot -- was properly classified as an exempt employee. Clougher, 2010 U.S. Dist. LEXIS 24238, at *2. The court denied the motion, finding that the record there -- which was much more robust than the record before this Court -- was inadequate:
[F]ar from a comprehensive record of [plaintiff's] managerial activity, Home Depot cobbles together bits and pieces of [plaintiff's] four-and-a-half year . . . employment history from his deposition in this case. . . . Home Depot puts forth no affidavits or deposition testimony from [plaintiff's] supervisors, . . . nor is there any evidence from any other assistant store manager or MASM at either location; nor even from any of the hundreds of hourly-wage employees that no doubt worked at those locations between 1999 and 2005. Cf. Big Lots, 604 F. Supp. 2d at 907 (relying upon testimony from up to seven witnesses per case, including supervisors, assistant supervisors and subordinate co-workers). In sum, Home Depot fails to put forth any corroborating evidence from any relevant and available witness other than [plaintiff]. The material disputes of fact resulting from the undeveloped summary judgment record become manifest in even the most cursory "primary duty" analysis. . . .
Id. at *14-15; see also Posely v. Eckerd Corp., 433 F. Supp. 2d 1287, 1291 (S.D. Fla. 2006) (granting summary judgment on plaintiff's overtime claim only after the court had "stayed. . .summary judgment motion" for more than a year "affording Plaintiffs an opportunity to review outstanding discovery and perhaps supplement the information provided in their summary judgment papers").
As in Clougher, Plaintiff's deposition, standing alone, does not provide a sufficient factual basis for granting summary judgment given (1) material issues of fact that have already arisen concerning, inter alia, the amount of time Plaintiff spent performing non-exempt duties, his scheduling responsibilities, and his discretion in performing non-exempt work; and (2) Plaintiff's showing that there are many other as yet untapped sources of information concerning Plaintiffs' duties and responsibilities, including, inter alia, corporate records relating to Plaintiff's store and the labor budget, records relating to the classification of certain Rite Aid managers as non-exempt, and testimony from Plaintiff's supervisors and co-workers.*fn12
Accordingly, Defendants' motion for partial summary judgment as to Plaintiffs' FLSA overtime compensation claim will be denied without prejudice to renewal at the close of discovery.
B.Retaliation Claims
Defendants have moved for summary judgment on Plaintiff's FLSA and NYLL retaliation claims, arguing that Plaintiff cannot recover because he never filed a formal complaint regarding FLSA violations and never specifically informed his supervisors of NYLL violations. (Def. Br. 17-18) Plaintiff has not addressed this argument in his brief, and therefore the claims are deemed abandoned and will be dismissed. See Grana v. Potter, No. 06 Civ. 1173 (JFB)(ARL), 2009 WL 425913, at *15 (E.D.N.Y. Feb. 19, 2009) (dismissing plaintiff's claim as abandoned where summary judgment opposition "contained no factual or legal discussion" of the claim); Bronx Chrysler Plymouth, Inc. v. Chrysler Corp., 212 F. Supp. 2d 233, 249 (S.D.N.Y. 2002) (dismissing claim as abandoned where party opposing summary judgment "made no argument in support of th[e] claim at all" in its summary judgment opposition papers); Douglas v. Victor Capital Group, 21 F. Supp. 2d 379, 393 (S.D.N.Y. 1998) (dismissing as abandoned claims that defendants addressed in motion for summary judgment but plaintiff failed to address in his opposition papers).
C.Claim to Injunctive Relief
In the Complaint, Plaintiff seeks an order "[e]njoin[ing] Defendants from further violations of the FLSA and New York Labor Law." (Amended Cmplt. ¶ 81) It is not clear whether Plaintiff -- in seeking injunctive relief -- is invoking the overtime compensation provisions or the retaliation provisions of these two statutes. See 29 U.S.C. §215(a)(3); N.Y. Lab. Law § 215(1).
Defendants contend that Plaintiff cannot seek injunctive relief because (1) he is a former employee facing no risk of imminent harm, and (2) "an action for injunctive relief under the FLSA rests exclusively with the United States Secretary of Labor." (Def. Br. 19). Plaintiff does not contest Defendants' former employee argument, but notes that he seeks to certify an FLSA collective action class and a Rule 23 class that will include current employees, and that accordingly injunctive relief may be appropriate. (Pltf. Br. 25) Plaintiff asks this Court to defer consideration of the injunctive relief issue pending determination of whether this action should be certified as an FLSA collective action and a Rule 23 class action. (Id.)
Under the FLSA, an employer who fails to pay required overtime wages "shall be liable to the employee or employees affected in the amount of their . . . unpaid overtime compensation . . . and in an additional equal amount as liquidated damages." 29 U.S.C. 216(b). "An injunction is not an available remedy in an action brought by employees under the FLSA for failure to pay . . . overtime compensation[, however]." Ruggles v. Wellpoint, Inc., 253 F.R.D. 61, 68 (N.D.N.Y 2008) (citing 29 U.S.C. § 216(b)). Instead, "FLSA § 217 provides that the Secretary of Labor may file an action to enjoin an employer from violating the FLSA, including minimum wage and overtime compensation provisions." Id. (citing 29 U.S.C. § 217); see also Powell v. Florida, 132 F.3d 677, 678 (11th Cir. 1998) (per curiam) ("[T]he right to bring an action for injunctive relief under the [FLSA] rests exclusively with the United States Secretary of Labor.").
Accordingly, to the extent that Plaintiff seeks injunctive relief under the substantive overtime provisions of the FLSA, such equitable relief is not available.*fn13
With respect to Plaintiff's claim for injunctive relief pursuant to the anti-retaliation provisions of the FLSA and the NYLL, that claim will be dismissed, because Plaintiff's underlying retaliation claim under these statutes has been dismissed. To the extent that Plaintiff seeks class injunctive relief, that claim will not be dismissed at this time. At least one court has ruled that the FLSA's anti-retaliation provision creates a private cause of action, and that employees may seek injunctive relief under this provision. See, e.g., Bailey v. Gulf Coast Transp., Inc., 280 F.3d 1333, 1337 (11th Cir. 2002) ("[T]he FLSA permits employees to obtain preliminary injunctive relief to address violations of the Act's antiretaliation provision"). With respect to the NYLL, Defendants have not argued that private plaintiffs are barred from seeking injunctive relief.
For the reasons stated above, Defendants' motion for partial summary judgment is GRANTED IN PART and DENIED IN PART. Plaintiff's FLSA and NYLL retaliation claims are dismissed, as are Plaintiff's personal claims for injunctive relief. Rite Aid's motion for partial summary judgment is otherwise DENIED.
The Clerk of the Court is directed to terminate the motion. [Docket No. 71].
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13 November 2014
New research has found that women who suffer with rheumatoid arthritis (RA) are 1.5 times more likely to give birth prematurely.
The collaborative study from teams in Denmark and the US was published in Arthritis & Rheumatology, a journal of the American College of Rheumatology (ACR). It also revealed that the body measurements of babies born having been exposed to maternal or preclinical RA were only slightly lower than those who had no connection to the disease.
Around one per cent of the world's population experience RA, but the research found that paternal RA was not found to impact fetal growth or preterm birth risk.
Led by Ane Rom, from Copenhagen University Hospital in Denmark, the study used national registries to identify all children born in Denmark between 1977 and 2008. After excluding children from multiple births, and those who were adopted or could not be linked to the mother, the research had 1.9 million children.
It found that 13,566 children were exposed to maternal RA (diagnosed prior to giving birth) or preclinical RA (diagnosed after birth).
Posted by Philip Briggs
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Tortoise CVS is a tool that integrates CVS into Windows. This describes how to configure and use it with Kenai at java.net. This procedure requires the separate installation of , a SSH client for Windows. Although TortoiseCVS ships with a PuTTY component, that version does not support the SSH flavors allowed by java.net.
CVS access is only available using SSH with public key authentication. You will need to add your public key to your account profile. Instructions for doing this can be found here.
See Generating and Using an SSH Key on a Microsoft Windows Machine for more information about using PuTTY on Windows.
Start PuTTY. This should open the session settings panel. Use defaults, with the following exceptions:
Now go back to the Connection top level category, choose a name for the session configuration, and save it.
Now you can test the configuration by clicking "Open".
If everything is configured correctly, you'll get the list of available modules for your CVS archive. Checkin and out should now work as you expect. TortoiseCVS will remember your CVSROOTs for you.
If you get an error message stating
User <userid> not authorized to read repository bluebird~cvs-repo' from cvs server
your project administrator has not given sufficient access for you to checkout the source files from this repository.
If you get an error dialog:
Couldn't agree to a client-to-server cipher (available: aes12-ctr,aes192-ctr,aes256-crt,arcfour128,arcfour256,arcfour)
You are using the old version of plink, Upgrade to a newer version of PuTTY.