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March 27, 2012
CARMEN ATTANASIO, LYNN MARIE POTOSKI, AND DENISE GAITERI, ON THEIR OWN BEHALF AND FOR ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,v.COMMUNITY HEALTH SYSTEMS, INC., WYOMING VALLEY HEALTH CARE SYSTEM AND WILKES-BARRE HOSPITAL CO., LLC, DEFENDANTS.
Presently before the Court is the Defendants' Motion to Dismiss (In Part) the Amended Complaint. (Doc. 25.) In their Amended Collective Action Complaint, Plaintiffs allege two categorical violations of the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201, et seq. Defendants allege: (1) that Defendant Community Health Systems, Inc. should be dismissed as its employer status has not been properly plead; and (2) that off-the-clock uniform maintenance work cannot support a FLSA claim. Since a uniform maintenance can support a FLSA claim, Defendants' Motion will be denied in that respect. However, because the Plaintiffs have not properly pleaded that Community Health Systems is an employer under the FLSA, that Defendant will be dismissed and Plaintiffs will be afforded one further opportunity to amend their Complaint.
Plaintiffs Carmen Attanasio, Lynn Marie Potoski, and Denise Gaiteri ("Plaintiffs") bring this Amended Collective Action Complaint*fn1 pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. §§ 201, et seq. They allege that Defendants Community Health Systems, Inc., Wyoming Valley Health Care System, and Wilkes-Barre Hospital Co., LLC ("Defendants"),and all of the Pennsylvania health care systems and hospitals under Defendants' control, violated the FLSA by failing to compensate their employees for the time they spent working during meal breaks and on required maintenance of their uniforms. (Am. Compl. at ¶ 1, Doc. 1.)
At all pertinent times, all three of the named Plaintiffs worked as registered nurses at the Wilkes-Barre General Hospital. (Id. at ¶¶ 5, 6, 7.) All three specifically allege that between March 28, 2008 and April 30, 2009, they worked for Wilkes-Barre Hospital Co., LLC ("WBHC") and the Wyoming Valley Health Care System ("WVHCS"). (Id.) WVHCS is alleged to have been "Northeastern Pennsylvania's leading health care delivery network, employing more than 3,000 people" (Id. at ¶ 9), and WBHC was apparently "a wholly-owned subsidiary or affiliate of WVHCS that shared responsibility for the operation and management of Wilkes-Barre General Hospital . . . with more than 2,000 employees" (Id. at ¶ 10). On April 30, 2009, WVHCS was acquired by Community Health Systems, Inc. ("CHS") and its wholly-owned subsidiary or affiliate, Wilkes -Barre Holdings, LLC. (Id. at ¶ 9.) Therefore, from that date on,*fn2 the Plaintiffs also allege to have been employed by CHS.
In Pennsylvania, CHS allegedly owns and operates "on its own or through its affiliates" entities employing more than 11,000 people "who, together, comprise the putative Class in this litigation." (Id. at p. 5, n.1.) Thus, to clarify, the putative class as between the dates of March 28, 2008 and April 29, 2009 would pertain only to WVHCS's 3,000 employees (and the lesser-included WBHC), while the putative class from class from April 30, 2009 to the present would include all 11,000 of CHS's Pennsylvania employees.
In their Amended Collective Action Complaint, Plaintiffs are seeking to assemble two subclasses to address two distinct violations by their employers. The first proposed class is the "meal break work sub-class."*fn3 There, the Plaintiffs complain that while provided one unpaid meal break per shift, they were routinely forced to perform duties during this unpaid time. (Id. at ¶¶ 32-33.) The Defendants were aware that this work was occurring because their "agents regularly encouraged, instructed, suffered and permitted Plaintiffs and the Class members to perform this work and observed this work being performed on a regular basis." (Id. at ¶ 34.) Specifically, the named Plaintiffs aver that they were each required to work for roughly 95% of their meal breaks. (Id. at ¶¶ 39-41.) At their respective overtime rates, Plaintiffs Attanasio, Potoski, and Gaiteri are seeking $13,087, $14,763 and $15,290, respectively, for this meal break work. (Id.)
The second class, styled as the "uniform maintenance work sub-class,"*fn4 complains that the "Defendants maintained policies and practices that required Plaintiffs and the Class members to maintain a professional appearance in the workplace" (Id. at ¶ 45), and that this was done outside of work as "Plaintiffs and the Class members were not permitted to perform the required uniform maintenance work at their assigned work locations or during their shifts." (Id. at ¶ 47.) As in the above meal break subclass, the Plaintiffs allege that the Defendants were aware of the maintenance being done outside of work as their "agents observed the results of this work on a regular basis." (Id. at ¶ 49.) Specifically, the named Plaintiffs aver that they were each required to "perform eight hours of off-the-clock uniform maintenance work each month." (Id. at ¶¶ 39-41.) At their respective overtime rates, Plaintiffs Attanasio, Potoski, and Gaiteri are seeking $11,700, $14,448 and $14,964, respectively, for their work maintaining their uniforms. (Id.)
Plaintiffs' Amended Complaint further seeks a list of names of potential Class members and the authorization to issue notice to those individuals. Moreover, Plaintiffs are seeking compensatory damages, pre-judgment interest, liquidated damages, attorney's fees and costs as well as equitable and injunctive relief. Plaintiffs claim that all named parties are members of both subclasses, and that all Plaintiffs and class members were subjected to the same meal break and uniform maintenance policies and systems. Plaintiffs believe the Class, "including both current and ex-employees over the relevant period, will include more than 5,000 people." (Id. at ¶ 23.)
Defendants have collectively moved to dismiss portions of the Amended Complaint as it fails to allege: (1) that CHS is an employer for purposes of the FLSA; (2) that WVHCS and WBHC are joint employers as to class members working outside the Wyoming Valley Health Care System*fn5 ; and (3) a plausible claim as to the uniform maintenance subclass. The Defendants' Motion has been fully briefed and is ripe for the Court's review.
I. Legal Standard
Federal Rule of Civil Procedure 12(b)(6) provides for the dismissal of a complaint, in whole or in part, for failure to state a claim upon which relief can be granted. When considering a Rule 12(b)(6) motion, the Court's role is limited to determining if a plaintiff is entitled to offer evidence in support of their claims. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). The Court does not consider whether a plaintiff will ultimately prevail. See id. A defendant bears the burden of establishing that a plaintiff's complaint fails to state a claim. See Gould Elecs. v. United States, 220 F.3d 169, 178 (3d Cir. 2000).
"A pleading that states a claim for relief must contain . . . a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a). The statement required by Rule 8(a)(2) must give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Detailed factual allegations are not required. Twombly, 550 U.S. at 555. However, mere conclusory statements will not do; "a complaint must do more than allege the plaintiff's entitlement to relief." Fowler v. UPMC Shadyside, 578 F.3d 203, 211 (3d Cir. 2009). Instead, a complaint must "show" this entitlement by alleging sufficient facts. Id. "While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1950 (2009).
As such, the inquiry at the motion to dismiss stage is "normally broken into three parts: (1) identifying the elements of the claim, (2) reviewing the complaint to strike conclusory allegations, and then (3) looking at the well-pleaded components of the complaint and evaluating whether all of the elements identified in part one of the inquiry are sufficiently alleged." Malleus v. George, 641 F.3d 560, 563 (3d Cir. 2011).
Dismissal is appropriate only if, accepting as true all the facts alleged in the complaint, a plaintiff has not pleaded "enough facts to state a claim to relief that is plausible on its face," Twombly, 550 U.S. at 570, meaning enough factual allegations "'to raise a reasonable expectation that discovery will reveal evidence of'" each necessary element, Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008) (quoting Twombly, 550 U.S. at 556). "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). "When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief." Id. at 1950.
In deciding a motion to dismiss, the Court should consider the allegations in the complaint, exhibits attached to the complaint, and matters of public record. See Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993). The Court may also consider "undisputedly authentic" documents when the plaintiff's claims are based on the documents and the defendant has attached copies of the documents to the motion to dismiss. Id. The Court need not assume the plaintiff can prove facts that were not alleged in the complaint, see City of Pittsburgh v. W. Penn Power Co., 147 F.3d 256, 263 & n.13 (3d Cir. 1998), or credit a complaint's "'bald assertions'" or "'legal conclusions,'" Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir. 1997) (quoting In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1429-30 (3d Cir. 1997)).
II. Analysis
A. Failure to Allege CHS as an Employer
Plaintiffs allege that from the day CHS acquired WVHCS it has "owned and operated" WVHCS and WBHC and therefore "has been an 'employer' of Plaintiffs and the Class members as defined by the FLSA, 29 U.S.C. §203(d)." (Am. Compl. at ¶ 8, Doc. 24.) The Defendants retort that CHS has been implicated with "boilerplate allegations" that are "nothing more than 'a formulaic recitation of the elements of a cause of action.'" (Def.s' Br. at 14, Doc. 26 (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007).) In particular, Defendants find it insufficiently plausible from the allegations in the Amended Complaint that CHS, as a Tennessee corporation, oversaw the "daily working conditions of more than 11,000 employees at thirteen health care facilities scattered throughout the Commonwealth." (Id. at 16.)
The FLSA defines an "employer" as "any person acting directly or indirectly in the interest of an employer in relation to an employee," 29 U.S.C. § 203(d), and an "employee" as "any individual employed by an employer," 29 U.S.C. § 203(e)(1). Courts have afforded these definitions a broad reading, in part to "further[] the remedial purposes of the FLSA." Cavallaro v. UMass Memorial Health Care Inc., No. 09-40152, 2011 WL 2295023 at *3
(D.Mass June 8, 2011) (citations omitted). An employee may have multiple employers for FLSA purposes, and depending on the particular facts, those employers may be jointly responsible for compliance with the Act's provisions. 29 C.F.R. § 791.2(a); Davis v. Abington Memorial Hosp., --- F.Supp.2d ----, Nos. 09--5520, 09--5533, 09--5548, 09--5549, 09--5550, 09--5551, 2011 WL 4018106 at *3 (E.D. Pa. Sept. 8, 2011) ("A joint employment relationship can exist when employers are not "completely associated" with respect to the employment of individuals, or where one employer is controlled by another, or the employers are under common control."). Similarly, individual companies can also be grouped together as a single-employer for the purposes of the Act where they are "so interrelated that they constitute a single employer." Id. at *3 (citing Torres--Negron v. Merck & Co., Inc., 488 F.3d 34, 41 (1st Cir. 2007)). In any event, determining the existence of such a joint employment relationship considers the "'real economic relationship' between the employee, employer, and putative joint employer." Lepkowski v. Telatron Mktg. Group, 766 F. Supp. 2d 572, 577 (W.D. Pa. 2011) (citation omitted).
In certain instances, FLSA liability can be shared between a parent corporation and its subsidiary--"[l]iability for violating an employee's rights under FLSA has attached to a parent corporation for the acts of a subsidiary when the parent substantially controls the terms and conditions of employment at its subsidiary on a regular basis." Lehman v. Legg Mason, Inc., 532 F. Supp. 2d 726, 733 (M.D. Pa. 2007) (citing Falk v. Brennan, 414 U.S. 190, 195 (1973)). However, "'[t]he doctrine of limited liability creates a strong presumption that a parent corporation is not the employer of its subsidiary's employees,' and '[o]nly evidence of control suggesting a significant departure from the ordinary relationship between a parent and its subsidiary' is sufficient to establish a joint employer relationship." Enter. Rent-A-Car Wage & Hour Empl. Practices Litig. v. Enter. Rent-A-Car Co. (Enterprise), 735 F. Supp. 2d 277, 338 (W.D. Pa. 2010); Lowenstein v. Catholic Health East, --- F.Supp.2d ----, Civ. Act. No. 11-4689, 2011 WL 5069396 (E.D. Pa. Oct. 26, 2011) ("It is well settled that a parent corporation, like any stockholder, is not normally liable for the wrongful acts . . . of a subsidiary even if or simply because the parent wholly owns the subsidiary." (internal quotation and citation omitted)); Bosley v. Chubb Corp., No. Civ. A. 04CV4598, 2005 WL 1334565 at *5 (E.D. Pa. June 3, 2005) (holding that "a parent corporation is not, under normal circumstances, liable as the employer of its subsidiaries' employees.").
The Third Circuit has not specified the determinative factors in this analysis, Enterprise, 735 F. Supp. 2d at 338, although courts in other circuits*fn6 have applied the integrated enterprise test, "a standard by which courts may essentially pierce the corporate veil for purposes of establishing employer liability in labor and employment law cases." Perez-Benites v. Candy Brand, LLC, No. 1:07--CV--1048, 2011 WL 1978414 at *11 (W.D. Ark. May 20, 2011). That test considers, as between the parent and the subsidiary, any:
"(1) interrelation of operations; (2) common management; (3) centralized control of labor relations; and (4) common ownership or financial control." Id. Bosley v. Chubb Institute endorsed such an approach, holding that in order to implicate the parent corporation in a FLSA overtime claim, the plaintiffs would have to add facts suggesting a "vertical enterprise." 516 F. Supp. 2d 479, 483 n.3 (E.D. Pa. 2007). Further, Enterprise applied a very similar set of factors in determining, at the summary judgment stage, that the parent company was not a joint employer. 735 F. Supp. 2d at 346. Those specific factors included the: "1) authority to hire and fire employees, promulgate work rules and assignments, and set conditions of employment, including compensation, benefits, and hours; 2) day-to-day supervision of employees, including employee discipline; and 3) control of employee records, including payroll, insurance, taxes and the like." Id. at 339 (quoting Lewis v. Vollmer of America, No. 05-1632, 2008 WL 355607 at *4 (W.D. Pa. Feb. 7, 2008)).
The economic realities of the instant matter direct the Court to analyze CHS as a parent corporation under the FLSA. In particular, the Amended Complaint pleads that "[d]uring the Class Period, through an array of wholly-owned subsidiaries or affiliates, CHS has owned and operated at least 13 hospitals or health systems in Pennsylvania." (Am. Compl. at ¶ 8, Doc. 24.) In the same apparent fashion, on April 30, 2009, "through its wholly-owned subsidiary or affiliate, Wilkes-Barre Holdings, LLC, CHS acquired the assets of [WVHCS], including [WBHC]." (Id.) By virtue of this ownership, the Plaintiffs state that CHS is "an 'employer' of Plaintiffs and the Class members as defined by the FLSA, 29 U.S.C. §230(d)." (Id. at ¶ 8.) This, however, is not automatically dispositive in the parent-subsidiary corporate arrangement, and a more detailed analysis of the employer-employee relationship is warranted. Of course, the pleadings relied on must present a "a 'showing' rather than a blanket assertion of an entitlement to relief." Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008). And, "mere boilerplate allegations . . . without any supporting details--essentially 'a formulaic recitation of the elements of a cause of action'--are insufficient to raise plaintiffs' right to relief 'above a speculative level' with respect to that individual's liability as an employer." Tracy v. NVR, Inc., 667 F. Supp. 2d 244, 247 (W.D.N.Y. 2009) (quoting Twombly, 550 U.S. at 555).
Resolving between formulaic recitations and factual showings is a detailed analysis. Squarely on the conclusory side of the spectrum are assertions that individual defendants exerted "'operational control' of the institutional defendants and [were] 'ultimately responsible' for ensuring their compliance with the FLSA." Wright v. Lehigh Valley Hosp. & Health Network, CIV. A. 10-431, 2011 WL 2550361 (E.D. Pa. June 23, 2011) (finding such statements "legal conclusions utterly devoid of any factual basis asserted to support the beliefs pled."). Missing from this were "rudimentary facts as specifying which proposed individual defendant controlled which institutional defendant, whether they had any specific role in each corporations' personnel, financial and compensation practices, and most importantly, whether they had any role in the corporations' alleged determination to compensate (or not compensate) its employees in accordance with the FLSA." Id. Similarly insufficient pleadings are exemplified in Orosa v. Therakos where the plaintiffs--in attempting to substantiate that the larger corporation was their indirect employer--included statements that a particular corporation had "exercised complete control over all material aspects" of the alleged subordinate corporation, and the conclusion that the smaller corporation was a "division" of the larger corporation. No. C--11--2143 EMC, 2011 WL 3667485 at *5 (N.D. Cal. Aug. 22, 2011). Again, these bald assertions presented too few details as to the mechanics of the defendant's alleged control. Id. However, Orosa contrasted these infirm allegations against those that had been found sufficiently factual in a similar context, including statements that a defendant had "maintained control and authority, directly or indirectly, over all functions at other . . . entities," that the defendant "ha[d] the authority to create policies regarding compensation and hours," that "it ma[de] decisions concerning hiring and firing employees," and that the defendant "controlled plaintiffs' work schedules, rates and method of payment and benefits." Id. (quoting Helm v. Alderwoods Group, Inc., 696 F. Supp. 2d 1057, 1073-79 (N.D. Cal., 2009)).
Such details are the backbone of a well-pleaded allegation. Specific averments, showing that a defendant has actually been involved in the conduct being used to implicate the employer-employee relationship, are necessary. For example, Tracy v. NVR, Inc. found that statements alleging the "general authority to hire and/or fire" and past maintenance of employee records were insufficient to implicate a company vice president as a FLSA defendants. 667 F. Supp. 2d 244, 247 (W.D.N.Y. 2009). These assertions lacked any "supporting details to substantiate their belief," namely any "facts concerning the extent of [vice president's] alleged involvement in [the company's] hiring and/or firing processes or record-keeping policies." Id. To the extent those plaintiffs argued that the alleged defendant had generally influenced control over their work schedules, conditions of employment, and compensation, this was also deemed inadequate "to raise plaintiffs' right to relief "above a speculative level.'" Id. (citing Twombly, 550 U.S. at 555). Finally, in the related context of employment discrimination, McGehean v. AF&L Ins. Co. held an assertion that a parent corporation "owned and operated [the subsidiary] or otherwise had direct control over [its] business" as factually devoid to support the requirement of "functional integration of the operations of the parent and subsidiary, central control of labor relations, common management and common financial control." 2009 WL 3172763 at *4 (E.D. Pa. Oct. 02 2009). In particular, congruent with the matter sub judice, McGehean found it unclear "how AF & L, a Warminster, Pennsylvania based long-term care insurance policy provider, and CIVC, a Chicago, Illinois-based equity firm, would integrate their operations, centrally control their labor relations and share common management and financial control." Id.
In the Amended Complaint, the Plaintiffs argue that CHS and WBHC are together an integrated enterprise since CHS has the ability to: hire and fire Plaintiffs and all of the Class members; control the work performed by Plaintiffs and all of the Class members; direct the manner in which Plaintiffs and all of the Class members performed their work; inspect and supervise the work Plaintiffs and all of the Class members performed; promulgate policies and procedures (including the work, time, pay, overtime, appearance and uniform maintenance policies and procedures at issue here) governing the employment of Plaintiffs and all of the Class members; enforce these policies and procedures with respect to Plaintiffs and all of the Class members; and determine the pay given to Plaintiffs and all of the Class members. (Am. Compl. at ¶ 18, Doc. 24.) As to the period prior to CHS's acquisition, the Amended Complaint alleges that WVHCS and WBHC had the exact same rights. (Id. at ¶ 17.) The Amended Complaint then also alleges that the Class members were "required to follow and abide by common work, time, pay, overtime, appearance and uniform maintenance policies and procedures in the performance of their jobs" (Id. at ¶¶ 14-15), and that "regardless of the hospital facility in which they worked, Plaintiffs and the Class members received wages from Defendants that were determined by common systems and methods that Defendants selected and controlled." (Id. at ¶ 16.) As an initial matter, the above allegations from the Amended Complaint focus heavily on the first and third Enterprise factors--CHS's authority to dictate the terms of employment and the administration of employee records. 735 F. Supp. 2d at 339. They do not, however, acknowledge the second factor, the "day-to-day supervision of employees." Id. Although not alone dispositive, it is notable that no daily control is alleged. However, even assuming that these allegations are sufficiently broad to upset the presumption that the parent corporation is not the employer of its subsidiary's employees, these particular recitations are conclusory and implausible. First, Plaintiffs' allegations establishing employer control by WVHCS and later CHS are effectively identical. This forecloses the possibility that these pleadings are particularized and demonstrates that these allegations are devoid of any actual factual support. Yet, even beyond that these pleadings are boilerplate, is that there are no operative details suggesting exactly how CHS exercised authority over the particular employees, how these employees were supervised by a Delaware corporation headquartered in Tennessee acting through a holding company, and how they oversaw the administration of the business records. As in the aforementioned cases, the Amended Complaint omits particularized assertions explaining the specific role CHS played in regard to the Plaintiffs within this administrative structure. There are no supporting details as to the mechanics of CHS's actual involvement*fn7 as a parent corporation that would raise Plaintiff's assertions above a speculative level. Instead, Plaintiffs have presented a list of relevant factors as fact without providing any detail to support that these factors actually apply to the situation at hand. This is especially notable where the presumption is that CHS, as the parent company, is not Plaintiffs' employer. From this, Plaintiffs "have not nudged their claims across the line from conceivable to plausible." Twombly, 550 U.S. at 570.
Plaintiffs have not sufficiently pleaded that CHS is an employer for the purposes of the FLSA.*fn8 However, the presumption that the parental corporation is not a FLSA employer is not an irrefutable one, and where "a complaint is subject to a Rule 12(b)(6) dismissal, a district court must permit a curative amendment unless such an amendment would be inequitable or futile." Phillips v. County of Allegheny, 515 F.3d 224, 245 (3d Cir. 2008) (citation omitted). Therefore, I will afford Plaintiffs one further opportunity to amend their complaint solely to allege further detail as to the parent-subsidiary employment relationship in regard to CHS.
B. Viability of the Uniform Maintenance Subclass
The Defendants argue that uniform maintenance work cannot, as a legal matter, support a claim under the FLSA.
While the FLSA requires overtime compensation "for a workweek longer than forty hours," 29 U.S.C. § 207, it does not define the terms 'work' or 'workweek.' IBP, Inc. v. Alvarez, 546 U.S. 21, 25 (2005). Following the enactment of the FLSA, expansive judicial interpretations arose to fill in these terms, which Congress then deemed to be in "disregard of long-established customs, practices, and contracts between employer and employees, thereby creating wholly unexpected liabilities, immense in amount and retroactive in operation." Id. at 26 (citing 61 Stat. 84). As such, Congress amended the relevant portions of the FLSA with the Portal-to-Portal Act of 1947 (the "Act"), 29 U.S.C. § 251 et seq. Id. In pertinent part, the Act provides that:
[N]o employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended . . . on account of the failure of such employer to pay an employee minimum wages, or to pay an employee overtime compensation, for . . . activities which are preliminary to or postliminary to said principal activity or activities, which occur either prior to the time on any particular workday at which such employee commences, or subsequent to the time on any particular workday at which he ceases, such principal activity or activities. 29 U.S.C. § 254(a)(2). The Supreme Court has held that this Act does not except activities that "are an integral part of and are essential to the principal activities of the employees." Steiner v. Mitchell, 350 U.S. 247, 254 (1956). To the extent the Act was enacted to protect employers from the unintended liability imposed by the courts, it was not designed to upset the more traditional interpretations of the term "work." De Asencio v. Tyson Foods, Inc., 500 F.3d 361, 367 (3d Cir. 2007) (citing Alvarez, 546 U.S. at 28). Thus, as the Plaintiffs point out, the Act does not insulate employers from work they have reason to believe an employee is performing, so long as that work is an integral part of and is essential to the principal activities of the employee.*fn9 See 29 C.F.R. § 785.13 ("In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them."). Conversely, "the fact that certain preshift activities are necessary for employees to engage in their principal activities does not mean that those preshift activities are 'integral and indispensable' to a 'principal activity.'" Alvarez, 546 U.S. at 40.
Unfortunately, in interpreting what is integral and essential to the performance of a job, courts "have applied the Steiner definition inconsistently." Albanese v. Bergen County, 991 F. Supp. 410 (D.N.J. 1997).
In 1956, the Supreme Court held that butchers were entitled to compensation under the FLSA for knife-sharpening as that task comprised "an integral part of and indispensable to the various butchering activities for which they were principally employed." Mitchell v. King Packing Co., 350 U.S. 260, 263 (1956). More recently, Schwartz v. Victory Security Agency, LP,*fn10 dismissed a FLSA claim--extremely similar to the instant matter--for uncompensated uniform maintenance and cleaning that took place outside of work, constituting approximately one to two hours each week. No. 11-cv-0489, 2011 WL 2437009 at *1 (W.D. Pa. June 14, 2011). In deciding whether such activity was "preliminary to or postliminary" as envisioned by the Act, that court determined that "if an activity is not essential to complete the employee's principal task the employee is not entitled to compensation for the activity pursuant to the Portal--to--Portal Act." Id. at *4 (quoting Musticchi v. City of Little Rock, 734 F. Supp. 2d 621, 631 (E.D. Ark. 2010)). Specifically, Schwartz held that even though the plaintiffs were "required to wear and therefore maintain their uniforms, such actions were not integral and indispensable to Plaintiffs' principal activity, providing security." Id. at *5.
Defendants also rely on Musticchi v. City of Little Rock, which held at summary judgment that time spent by police officers "polishing shoes, boots and duty belts, cleaning radios and traffic vests and oiling handcuffs are preliminary and postliminary activities and not compensable under the Portal-to-Portal Act." 734 F. Supp. 2d 621, 631 (E.D. Ark. 2010). In particular, that court reasoned that "[w]hile polishing and cleaning may be a necessary or an indispensable component of being a [police] officer, unlike a butcher sharpening a knife or an x-ray technician powering and testing an x-ray machine, [police] officers can successfully perform their jobs without polishing and cleaning their uniform and equipment." Id. Musticchi thus determined that "compensating Plaintiff for such activity would be contrary to Congress' intent pursuant to the Portal-to-Portal Act." Id. at 632. However, other cases have gone the opposite way on similar facts. See Albanese v. Bergen County, N.J., 991 F. Supp. 410, 420-21 (D.N.J. 1997) (finding compensable and denying a motion to dismiss as to police officers' claims for "removing and polishing brass, washing uniforms, polishing shoes and other leather gear, and maintaining guns."); Hellmers v. Town of Vestal, 969 F. Supp. 837, 844 (N.D.N.Y 1997) (denying summary judgment in holding that off duty cleaning of a police vehicle and firearm were compensable under the FLSA as "an integral and indispensable part of the principal work activity").
The relevant cases cited by Defendants are generally inapposite to the instant matter. In Valladon v. City of Oakland, the analysis focused on whether time spent cleaning and maintaining police gear was de minimus, No. C 06-07478 SI, 2009 U.S. Dist. LEXIS 74439 at *16-20 (N.D. Cal. Aug. 21, 2009), and Mory v. City of Chula Vista considered whether police academy attendees were "not considered to be on duty" pursuant to 29 C.F.R. § 553.226 while they were preparing their uniforms, No. 07-cv-462 JLS (WVG), 2010 U.S. Dist. LEXIS 100777 at *21-25 (S.D. Cal. Sept. 24, 2010). Moreover, although the plaintiffs in Howard v. Securitas Security Services alleged that "they spent time off-the-clock maintaining their uniforms to comply with Securitas's appearance requirements," that court only addressed whether those plaintiffs were similarly situated for the purposes of class certification. No. 08 C 2746, 2009 U.S. Dist. LEXIS 3913 at *22 (N.D. Ill. Jan. 20, 2009). Plaintiffs' most compelling precedent, however, is Marshall v. SF of Ohio, Inc.. No. C-2-77-931, 1980 U.S. Dist. LEXIS 17825 (S.D. Ohio Feb. 1, 1980). Marshall is not highly persuasive as it is a thirty-year-old unpublished, uncited decision from the District of Ohio. However, it is notable that Marshall interpreted Long John Silver's Seafood Shoppe's "distinctive 'crew costumes'" as "indispensable to communicating [a] marketing concept to the public," and that time spent laundering those uniforms was therefore compensable under the FLSA. Id. at *18.
The above cases do not indicate that a uniform maintenance subclass would be inappropriate per se. Instead, they are limited to their own facts and are not resolvable to any singular proposition. Even the very recent and highly analogous precedent cited by the Defendants in Schwartz and Musticchi do not hold that uniform maintenance is inherently non-compensable, but that in those specific instances, the uniforms were not essential to the Plaintiffs' stated duties and were therefore not compensable under the FLSA as preliminary or postliminary activity. Here, the Plaintiffs' principal work activities include "providing patient care and monitoring, administering medicine to patients, interacting with other hospital employees and visitors, monitoring blood-work and patient test results and responding to emergency situations." (Am. Compl. at ¶¶ 5-7, Doc. 24.) Further, Plaintiffs aver that they were required to maintain a professional appearance for ends including:
"clearly identifying themselves as hospital personnel; differentiating among different types of hospital staff and care providers; conveying their professionalism and competence; fostering the appearance of safety and security in their assigned work locations; and fostering morale and camaraderie among its employees." (Id. at ¶ 45.) Whether these uniforms are truly integral to these ends will ultimately dictate whether preliminary or postliminary*fn11 time spent maintaining these uniforms is compensable. This is a very difficult determination on these limited averments. Therefore, while ultimately a question of law, Anderson v. Perdue Farms, Inc., 604 F. Supp. 2d 1339, 1349 (M.D. Ala. 2009), further factual development is warranted before it can be determined whether these uniforms are truly indispensable to nursing. The court holds that as a uniform maintenance class is not precluded as a matter of law, and the Defendants' Motion to Dismiss will be denied as to the uniform maintenance subclass.
Since the Amended Complaint fails to plausibly allege Defendant Community Health Systems as an employer under the Fair Labor Standards Act, that Defendant will be dismissed from this action. Plaintiffs, however, will be given leave to amend the Amended Complaint to allege further facts as to Community Health System's employer status. Further, because uniform maintenance is potentially a compensable preliminary or postliminary activity under the Fair Labor Standards Act, the Defendants' Motion to Dismiss as to this subclass will be denied. An appropriate order follows.
A. Richard Caputo United States District Judge
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Cindy F. from Fruita, Colorado sent in this conversation between her son and daughter. This is definitely not something you want to your sister to tell you about. See more funny Clumsy Thumbsies here!
What's Trending
- Ellen Debuts Her Presidential Medal of Freedom Bad Santa Photos The Fantastic Laverne Cox Babies in Santa Hats Ellen's Singing GEICO Skybox Challenge Winners!

subset: commoncrawl


text: Middle School Mathematics 12 points Previous question Next question Suppose a duck can swim about 500 feet per minute. What's the fastest that a duck can swim 2,000 feet? a) 40 seconds b) 4 minutes c) 40 minutes d) 10,000 seconds (about 3 hours) 2 Ask for details Follow Report by Laurenross001 11/08/2014 Log in to add a comment


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Grandma's Deviled Eggs
Total Time
Prep 15 mins
Cook 10 mins
Everyone loves Grandma's eggs, but getting the recipe on paper can sometimes be quite a job. Well, here it is! Thanks Joanne Higgins-aka Grandma. Here's a hint-better make 2 dozen, 1 doesn't go to far in our family.
Ingredients Nutrition
- 1 dozen egg, boiled
- 1 tablespoon mustard
- 2 tablespoons white vinegar
- 3 tablespoons sugar
- 1⁄3 cup Miracle Whip
- Hard boil eggs and peel. To make eggs peel easier I peel them while they are still hot under cold running water. Cut eggs in half lengthwise and remove egg yolks.
- Combined rest of ingredients together. Add eggs to mixture and beat with mixer until smooth.
- Stuff egg yolk mixture back into egg white halves. Sprinkle with paprika if desired.
Most Helpful
I thought these were pretty good. I have never used vinegar in deviled eggs before. I used dijon mustard and regular mayo. As I'm not a huge miracle whip fan. Thank you very much! Made for Fall PAC 2008
*Made for PAC Spring 2007* These were quite nice. The vinegar gave them a little zip. I used regular mayonnaise vs Miracle Whip as I find Miracle Whip a little too tangy. The vinegar and sugar, made for a nice balance. These worked out very well for us. Thanks for sharing. Nick's Mom


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We are currently looking for a GM/DGM level Chartered Accountant with 6-7 years of work experience.
Prior work experience working in Africa would be an advantage.
Please find below the scope of work.
Looking only for CA Chartered Accountants
- Controlling accounts under ERP (SAP) environment and assisting in managing Cash Flows
- Responsible for ensuring any and every compliance from fiscal regulatory perspective in the Region which includes local taxation compliances and Transfer Pricing issues
- Managing financials of the Region and ensuring audit coordination and completion with all the countries and ensuring timelines
- Design and implementation of new policies and procedures for ensuring efficacious control of all business related activities in the Region
- Process review and Improvement
- Liaise with external consultants, auditors and various government departments
- Budget coordination with country, units and MIS department for the Region.
- Visiting the countries in the region from time to time for the proper accounting and internal control set-up.
- Providing financial guidelines and Business support to Country heads and Operation Heads.
- Coordination with internal auditors and also facilitating visits for review.
- Visiting various countries for rate negotiation with FMC.
- Setting up of business process in co-ordination with the operation team.
Chartered Accountants Accounts Accounting Internal Control Cash Flows Taxation Taxation Compliances Pricing Audit Transfer Pricing


text:
Online Coupons
Candy.com Coupon CodeCandy.com wants to invite you to one of the most magical candy stores you'll ever visit. With a huge selection of over 5,000 kinds of candy as well as seasonal candies they are sure to have what your looking for. With pride on their customer service they love to talk shop with our customers through online chat, phone, or email. Remember they love candy just as much as you. Save extra on your next order use a Candy.com coupon code.
Expire Date
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Arched Ground Stone
Sorry, this item is out of stock
Important: This Arched Ground Stone prop ships to locations within the USA only. Click for Details
This unique ground plaque style graveyard tombstone is found in every real cemetery, so why not yours?
It is simple, with no epitaph. You can paint or carve your own! This piece is cast in solid, durable polyurethane foam that is tinted dark gray. This keeps any nicks or scratches virtually invisible. This also allows you to carve your own epitaph without exposing bright white or yellow foam.
Approximate dimensions: H 5 1/2" x W 12" X L 9"


text:
Learning Center Search Results
Showing 11-15 of 15 results
Quick Start to Photos and Stories
Do you have photos or stories about your ancestors that you'd like to preserve or share? Follow these simple steps to link photos and stories to your ancestors' records in Family Tree.
Quick Start to Searching Records
Searching for an ancestor in millions of records on FamilySearch can be challenging, but there are ways you can increase your success. Here are some tips from the experts.
Record Search Tips on FamilySearch
This video gives users tips for effectively searching for records of their ancestors. It explains how to use filters to bring birth, marriage, death, census, and other records about an ancestor to the top of the search results list.
The first step in discovering your story is reaching out to parents, grandparents—any relative that can share stories, photos, or other information with you. Using the FamilySearch Photos and Stories, you can capture, preserve, and share what you find. As you do, you will find yourself on the path to discovering your own story.
Step three is to grow your family tree by searching historical records on FamilySearch.org. Your ancestors' everyday milestones and experiences—like birth, marriage, and death—often created historical records that have been indexed and made searchable online. Use Search to find more details about the people in your family story.


text:
348 W Prospect Avenue, Lake Bluff IL, 60044
4 beds , 2 Full/1 Half baths
2,092 sqft
Status: Active
Last Updated: 12/11/2016 7:15 AM
Description for 348 W Prospect Avenue Lake Bluff, IL 60044
Fabulous bright updated ranch on a quiet street in West Terrace features: New & refurbished oak floors throughout, new thermal pane, ultra-violet light reducing windows and new Pella sliding glass door. Spacious Living Room features Vaulted Ceiling, Wood Burning Fireplace & spectacular Picture Window overlooking the fenced back yard. Crown molding & chair rails enhance the Foyer & Dining Room. Solid maple custom kitchen cabinets. New solid wood 6-panel interior doors. Master Suite: built-in custom California Closets and new sparkling bathroom. 1st floor laundry. Newer roof, aluminum siding, garage door & paver driveway. Simens-Generac gas powered back-up generator runs everything except the oven - including air conditioning, heating, laundry. Walk to schools, Lake Bluff Rec Center with its heated Olympic-sized pool, Metra, charming restaurants & boutique shopping in town, the Village Green Farmer's Market and Summer Concerts, the renowned 4th of July Parade & Lake Michigan Beach!
West Terrace
2 Full/1 Half
2,092 (approx)
Listing Information
West Terrace
Concrete Foundation
Public Water Service
Public Sewer
School Information
Room Information
Breakfast Bar
Interior Features
Range-Oven, Microwave, Dishwasher, Refrigerator, Washer, Dryer, Disposal, Humidifier, Air Cleaner
Central Air
Gas Heat, Forced Air
1, Wood-burning
Exterior / Lot Features
2 Garage Spaces,
Fenced Yard
Landscaped Professionally, Handicapped Access, Brick Road, Curbs & gutters
Driving Directions
Green Bay Road South of Route 176 to West Prospect Avenue. Turn West & continue to "348"
Financial Considerations
Listing Price History
Lake Bluff Real Estate
Lake Bluff is located in Illinois. Lake Bluff, Illinois 60044 has a population of 6,214.
The median household income in Lake Bluff, Illinois 60044 is $146,500. The median household income for the surrounding county is $79,085 compared to the national median of $53,046. The median age of people living in Lake Bluff 60044 is 43.1 years.
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text:
Required Security Gaurd ( Fresher)
Lalima Jobs Pvt Ltd.
RS80,000 To 1,25,000Patna, Jaipur
Should Physically Fit
Key Skills : security guard,security officer,industrial safety operations,security management,industrial vigillance
Security Guard/Marketing Job ( 0 - 1 yrs)
Job Desire Consultancy
RS60,000 To 80,000Gaya, Muzaffarpur, Patna, Siwan
We required candidate for security guard qualification 10th
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Urgent Opening For Security Guard ( 0 - 1 yrs)
Nexgen Human Assets Consulting Services
RS60,000 To 1,00,000Patna, all bihar
We are Looking for Security Guard. Candidate must be at least 8th pass. Height above 5fts.. Accommodation will be provided by the company. Joining urgently.
Key Skills : security guard,security executive,security officer,industrial safety operations,security management,industrial vigillance
Walk-in Interview for the Officer - Field Operations from all India. ( 0 - 2 yrs)
M/s Nidaan Corporate Services
RS60,000 To 1,25,000Secunderabad, Patna, Surat, Bhopal, Nagpur, Amritsar, Jaipur, Chennai, Lucknow
Job Description Greetings from M/s NIDAAN Corporate Services, India !!! Here is an opportunity to work with India's top most respected Service Provider Company for the Investigation, Verification & Security Services. We are currently looking out f...
Key Skills : security incharge,security coordinator,investigation incharge
Work and Live in North America ( 0 - 10 yrs)
Stewart Oriental
RS2,50,000 To 6,50,000Guntur, Hyderabad, Hyderabad Suburb, Kaghaznagar, Ramagundam, Guwahati, Hailakandi, Lauthaha, Muzaffarpur, Lingiyadih, Raipur, Kelhauri(chachai), Kesrisinghpur, Keelakarai, Madurai
This is to inform general public that DR LESLEY NATHAN Family is having a job opportunity for any serious applicant and ready to relocate.The Family also holds mining and pharmaceutical investments,an Agriculturist & viticulturist here in Canada. Be...
Key Skills : assistant art director,general manager,forex manager,foreman,supply chain manager,data entry,gynecological oncology,kitchen assistant,data...
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text:
Discussion in 'iPod touch Firmware 2.X Jailbreak' started by Steaps, Jul 15, 2008.
Taken from:
Two weeks? They made it seem it would come out THIS week.
That was Erica's question. Pytey said there warming up the bit******* trackers, meaning very soon!
Also, more stuff added.
EDIT: Chat has ended.
Separate names with a comma.


text:
Mariano Diaz -2008
© Goio Villanueva. All Rights Reserved.
About this image
About Mariano Diaz
CD/LP/Track Review
- Plan B by Ken Kase
All About Jazz needs your help and we have a deal. Pay $20 and we'll hide those six pesky Google ads that appear on every page, plus this box and the slideout box on the right for a full year! You'll also fund website expansion.
© Goio Villanueva. All Rights Reserved.


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Subcategory: Trucks
Model: GC2310TLB
Miscellaneous Equipment, Generators (4725) in Edmonton, AB
trailer and skid mounted. Global Power Systems is located in Edmonton, AB and has a great selection of used and reconditioned generator sets for all applications including running grain dryers, very good cond., ranging from 20 to 500 Kw. $14,500. 780-450-
View on Western Producer
Tillage/Harvest/Spraying, Air Drills (4250) in Kyle, SK
single shoot, 3/4' knife openers, 9" spacing with rubber packers. 2320 TBH 230 bu. tank with rear hitch, new rice tires on the cart. Both units always shedded, exc. cond.
Tractors, John Deere (4295) in Sinclair, MB
400 hrs, 570 HP, 15L Cummins, bought new. 520-46 Firestone triples with extra spacing, front suspension, every option possible. Tractor weighs 55,000 lbs. 3 years warranty remaining. New condition. $435,000. Rented farm out.
Combines/Accessories, Case/IH (4160) in Vega, AB
c/w 2016 PU and 36' Honeybee. 1450 hrs. Many new parts.


text:
Prostate cancer is the most common cancer among men in the UK. Unfortunately, one in eight men will be diagnosed with prostate cancer, with 75% being diagnosed over the age of 65.
This means that men have a 12.5% lifetime risk of prostate cancer. The majority of prostate cancer occurs by chance however approximately 5-9% of prostate cancer is estimated to be hereditary and 25% is familial.
You may be at increased risk of prostate cancer if you have any of the following signs in your family:
If you have a mutation this means that you have an increased risk of prostate cancer and possibly other cancers. Your exact risks will depend on which gene mutation has been found. Extra screening and/or risk-reducing strategies will be discussed. It will also be possible to offer predictive testing to other people in your family to see if they also have a mutation.
Screening aims to diagnose prostate cancers at an earlier more treatable stage however screening for prostate cancer is still imprecise and, in some situations, may lead to unnecessary biopsies or false reassurance:
Two-thirds of men with a raised PSA test will not have cancer. Recent research has shown that other biomarkers can improve the accuracy of the PSA test and this method of screening is offered.
Screening for other cancers may also be needed and will be discussed if necessary.
Only 5-9% of prostate cancer is hereditary but if there is a family history of prostate cancer, this can be a big worry. Deciding to have a genetic test is a big decision for any man or woman and one that needs careful consideration.
That's why at Spire Bushey Hospital we offer genetic counsellors to assist you prior to any testing. Our counsellors will provide you with all the information you need to make a decision and will help explain the process of genetic testing to you. Our counsellors will also be available once you have had your testing to discuss your results and options. Consultations take place at Elstree Cancer Centre.
Genetic testing can help determine the risk of cancer within a family and guide appropriate cancer screening. Depending on the specific genetic risk different screening tests can be arranged and risk-reducing strategies considered.
It is known that ethnicity influences the risk of prostate cancer: black men have the highest risk of prostate cancer, then white men and Asian men have the lowest risk.
Height is also associated with prostate cancer: the taller a man the higher his risk.
A personal history of some types of cancer (kidney, bladder, melanoma, lung, thyroid) also increases the risk of prostate cancer as does exposure to radiation.
Warfarin, Acetaminophen and diabetes have been shown to lower the risk of prostate cancer.
Lycopenes (from tomatoes and tomato based products) lower the risk of prostate cancer, whilst diets high in calcium may increase the risk.
Use one or more of the options below to search for a consultant and link through to view their Spire profile.
fill out this form and we will get back to you:
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24.03.2016 -
Spire Bushey Hospital has announced the launch of a new one-stop lung cancer screening service, giving people at high risk of developing lung cancer the opportunity to catch signs of the disease at the earliest possible stage.
24.03.2016 -
Spire Bushey Hospital has been awarded the Macmillan Quality Environment Mark (MQEM) for its high quality cancer care environment at Elstree Cancer Centre.
Read all news>
View all events>
© Spire Healthcare Group plc (2016)


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5 talking points ahead of Manchester United's clash with Tottenham
Manchester United host Tottenham on Sunday as both sides look to underline their credentials for finishing in the top four.
Home › Sport › Football › Premier League
Manchester United host Tottenham on Sunday as both sides look to underline their credentials for finishing in the top four.
Tottenham manager Mauricio Pochettino believes Jose Mourinho has earned the right to criticise his players publicly because of the number of trophies he has won.
Jurgen Klopp has admitted that he could not believe it when Liverpool signed Roberto Firmino for just £29m and has claimed that he knew the Brazilian would be a success, even before he became the club's manager.
Watford manager Walter Mazzarri believes the next six games could decide if his side are relegated from the Premier League this season.
This weekend sees the first of three rounds of Premier League action that will take place over the course of 10 days.
Claude Puel has challenged his Southampton squad to cope with the loss of injured striker Charlie Austin and produce a swift response from their Europa League disappointment.
Pep Guardiola has warned football is going to "kill" players by demanding too much of them.
Jurgen Klopp admits he does not know when Liverpool striker Daniel Sturridge will be fit to return.
Tottenham manager Mauricio Pochettino insists Jose Mourinho is still special.
David Luiz must pass a fitness check on his left knee following the horror tackle from Sergio Aguero that Antonio Conte has branded "very dangerous".
Middlesbrough's attacking options could be stretched against Southampton with doubts over Alvaro Negredo, Gaston Ramirez and Jordan Rhodes.
West Ham manager Slaven Bilic has leapt to the defence of his staff and believes injuries have affected his side's rhythm this season.
Leicester boss Claudio Ranieri insists the next two months will define the Foxes' season.
West Ham have had a boost as Michail Antonio and Aaron Cresswell are fit enough to return to the squad for their game against Liverpool in the Premier League on Sunday.
Chairman of the Cherries Supporters Trust says Bournemouth fans will understand why the club is looking to build a new stadium away from Dean Court after the board claimed they were being "held to ransom" by the ground's owners.
Crystal Palace manager Alan Pardew has challenged his players to provide another "jolt" reaction when they head to Hull for a match he believes could define the first half of their season.
Paul Pogba is desperate for Manchester United to end their frustrating league run when Tottenham visit this weekend.
Arsene Wenger has admitted he was unsure whether Alexis Sanchez could cut it as a striker at Arsenal.
Liverpool are preparing to make a £22.5m bid for Atlanta prospect Franck Kessie, with the youngster emerging as one of the most exciting talents coming up through the ranks in Serie A, according to reports in Italy.
Hull will endeavour to make acquisitions early in the January transfer window as Mike Phelan bids to swiftly reinforce the Premier League strugglers' squad.
Under-fire manager Bob Bradley accepts Swansea will be relegated if they continue to defend as they have done during his two months in charge.
West Brom captain Darren Fletcher is close to triggering a one-year contract extension.
Sunderland boss David Moyes thinks heads should roll in Swansea's boardroom if doubts already exist about their American manager Bob Bradley.
Everton manager Ronald Koeman admits leading scorer Romelu Lukaku needs more support to get him back on target.
Stoke manager Mark Hughes thinks Arsenal could end their long wait for another Premier League title this season.
Jose Mourinho needs more goals from Wayne Rooney and the rest of his attackers if Manchester United's Premier League campaign is to be revived.
Premier League boss Richard Scudamore has written to the parents of players in top-flight academies to reassure them that their children are being protected as football's historic sex abuse scandal continues to spread.
Sean Dyche believes competing financially will always be tough for Burnley, claiming even Bournemouth operate on a different level.
The latest gossip and rumours from the newspapers and online:
Midfielder Henrik Mkhitaryan admitted Manchester United had been below par until his first goal for the club put them on the way to a comfortable 2-0 win against Zorya Luhansk in Ukraine and a place in the last 32 of the Europa League.
Manchester United, hoping to avoid a winter of serious discontent, achieved their first objective by qualifying for the Europa League knockout stages amid the cold blast of sub-zero temperatures on the edge of the Black Sea.
Arsene Wenger has revealed Arsenal are working to get several key players tied down to new deals at the Emirates Stadium.
Leicester striker Leonardo Ulloa is prepared to leave the club with interest mounting from China.
Leicester goalkeeper Kasper Schmeichel is ready to hand the struggling Foxes a major injury boost.
Burnley defender Michael Keane admits it is "flattering" to be linked with a big-money transfer but says a season of hard work in the Championship was the best thing to happen to him.
Swansea boss Bob Bradley has accused those who criticise him because he has an American accent of taking "cheap shots".
Everton manager Ronald Koeman has challenged Ross Barkley to prove he is worthy of a place in the team.
Arsene Wenger has warned Mesut Ozil and Alexis Sanchez they will not leave Arsenal before their contracts expire in 18 months time even if they fail to agree new deals at the club.
Jose Mourinho has left the likes of Michael Carrick, Antonio Valencia and Matteo Darmian out of Manchester United's Europa League tie at Zorya Luhansk in order to "protect" them ahead of Spurs' visit to Old Trafford on Sunday.
Manchester United's crunch Europa League clash with Zorya Luhansk in Ukraine tonight (6.00pm) is under threat due to a frozen pitch that Jose Mourinho claims his team should never have had to encounter.
The latest gossip and rumours from the newspapers and online:
Tottenham will have to win the Europa League to make up the shortfall from failing to reach the Champions League last 16, according to a leading football finance expert.
UEFA has started disciplinary proceedings against Celtic for the behaviour of their supporters during Tuesday's Champions League game away to Manchester City. The Scottish champions face charges from European football's governing body for setting off fireworks and...
Sunderland have announced they will no longer be signing Yann M'Vila from Rubin Kazan in January.
Southampton manager Claude Puel dismissed claims that contract talks with defender Jose Fonte may distract his side ahead of Thursday's pivotal Europa League clash against Hapoel Be'er Sheva.
Arsenal manager Arsenal Wenger was delighted with his side's performance in a 4-1 Champions League victory over Basel than clinched top spot in Group A.
Pep Guardiola will decide on Patrick Roberts' future at the end of the season after the Manchester City attacker scored for Celtic against his parent club in the Champions League, with Brendan Rodgers saying the youngster has a "big career" ahead of him at City.
This game may have been irrelevant in terms of final Champions League group standings, but it was not a wasted evening for Patrick Roberts.
The latest gossip and rumours from the newspapers and online:
Former Tottenham captain Ledley King wants to resurrect his coaching career with the club next year.
Northern Ireland
Northern Ireland
Sunday Life
Northern Ireland
Sunday Life
Northern Ireland
Premier League


text:
At least twenty jobs out of 55 have been saved after Vacation World ceased trading on Wednesday.
The 14-strong agency chain in the southwest closed after a deal with Midcounties Co-operative fell through at the last minute.
The Hays Travel Independence Group terminated Vacation World's membership and has taken on £4 million in forward bookings.
Hays Travel managing director John Hays said three shops had reopened yesterday under new management. The shop in Cheadle has been taken on by Doug Wardle, who once had a chain of 52 shops and was on the Abta board, and will be called Wardle Travel.
The shops in Torquay and Dartmouth are being taken over by branch managers and will become members of the Independence Group. A further six former staff will become Hays homeworkers and continue to service their Vacation World clients.
Hays said: "We have had a really heartening response from staff. Several have contacted us to say could they become homeworkers so that's a really nice solution for them. Overall I'm really pleased."
Vacation World owner Stuart Arnott told Travel Weekly he had been forced to close the shops after Hays Travel scuppered the deal with Midcounties. "The failure of the Midcounties deal was 100% down to Hays because it wouldn't allow forward bookings to be transferred to Midcounties," he said.
However, Hays said Vacation World had been insolvent for two years and he had "nursed" it along since then. "On a monthly basis I was giving him short-term interest-free loans to pay his staff.
"We would never terminate a membership if there wasn't a valid reason. The Independence Group has been around since 1995 and in that period this has only happened a handful of times."
Documents on Companies House reveal that Napco, the company behind Vacation World, set up an individual voluntary arrangement in July 2011.
This allows a debtor to come to an arrangement with his creditors to pay his debts in full or in part over time as an alternative to bankruptcy. The company owed more than £787,000, mostly to HM Revenue and Customs .
This is a community-moderated forum.
All post are the individual views of the respective commenter and are not the expressed views of Travel Weekly.
By posting your comments you agree to accept our Terms & Conditions.


text:
R & R Seafood
7883 Delta Woods Dr Bay Minette, Alabama 36507(251) 580-3747
Print | Save | Directions
AboutR & R Seafood is located at the address 7883 Delta Woods Dr in Bay Minette, Alabama 36507. They can be contacted via phone at (251) 580-3747 for pricing, hours and directions.
R & R Seafood has an annual sales volume of 0 - 500K. .For more information contact Raymond Lee, Owner
For maps and directions to R & R Seafood view the map to the right. For reviews of R & R Seafood see below.
You must Sign in to post reviews.
0 Reviews
Key Contacts
- Raymond Lee
- Phone: (251) 621-8183


text:
Sorry, this property has been leased. To view more rental properties click here
Rivergarden Condos 7th floor, 79 Whiteman St: Fantastic Location!
This one bedroom apartment located on 7th floor of Rivergarden Condos is a must see.
Accommodation: Comprising large open plan living and dining area with air conditioning, modern kitchen with dishwasher and plenty of cupboard space, great sized bedroom with built in robes, private balcony with great views, and sparkling bathroom with laundry facilities,
Features: One secure car space. Located only metres from the Yarra River and Crown and a short walk from the city, this security complex offers indoor pool, tennis court and gym.
Office hours: Monday - Saturday 9-5pm, Sunday 12-5pm
To attend the advertised open for inspection please visit our site office located at 63 Whiteman Street, Southbank.
MICM Property Vue Grande Office
63 Whiteman Street, Southbank
Ph: (613) 8687 9577 or (613) 9697 8800
Email: firstname.lastname@example.com
Have one to sell? Get a FREE APPRAISAL!
Contact Detail
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RE: Property ID: 214691
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text:
Album Summary
Notes & Reviews:
'Outstanding' (The Strad) - 'A rare blend' (Gramophone): With ITALIAN JOURNEY, critically acclaimed Quartetto di Cremona presents an intriguingly intimate and authentic approach to Italian chamber music by composers Giuseppe Verdi (1813-1901), Luigi Boccherini (1743-1805), Giacomo Puccini (1858-1924), and Ottorino Respighi (1879-1936). Quartetto di Cremona is about to become the legitimate successor of the legendary Quartetto Italiano. Following a concert at the Wigmore Hall, the British magazine The Strad wrote: 'dynamic contouring was as sleek and elegant as an Armani suit, and it tailored the music to perfection.' In Australia, the Quartetto di Cremona was acclaimed as the 'glory of the Perth Festival', and the Süddeutsche Zeitung described them as 'one of the most exciting quartets of the current generation'. The Quartetto di Cremona was chosen for a project by 'The Friends of Stradivari' society in order to promote and develop the knowledge of the Cremonese art string instrument-making: an artistic mission which directly influenced ITALIAN JOURNEY as a celebration of genuine understanding and interpretation of this music.The violinist Paolo Andreoli plays a precious violin by Giovanni Battista Guadagnini (1757).
American Record Guide, July/August 2015
All of this seems to come together most in Verdi's quartet. Here is a composer who could meet all of the challenges of quartet writing, but the style is always very vocal. Respighi's Op. 53 is likewise lyrical and even more dramatic, sometimes gorgeously over-the-top. Puccini's Crisantemi is tender and sensitive. The Cremona Quartet is obviously in love with all of these works. Boccherini made considerable contributions to the development of the quartet genre and even influenced Haydn. It is played beautifully.
Recording information: Fondazione Spinola Banna per l'Arte, Poirino, Italy.
ReviewsThere are currently no reviews, be the first one!
Works DetailsRespighi, Ottorino : Quartet for Strings in D major, P. 190
- Running Time: 30 min. 10 sec.
- Period Time: Post Romantic
Puccini, Giacomo : Chrysanthemums, elegy for string quartet
- Running Time: 6 min. 12 sec.
- Period Time: Post Romantic
- Written: 1890
Verdi, Giuseppe : Quartet for Strings in E minor
- Running Time: 22 min. 14 sec.
- Period Time: Romantic
- Written: 1873
Boccherini, Luigi : Quartet for Strings in C major, G. 164 (Op. 2/6)
- Running Time: 10 min. 48 sec.
- Period Time: Classical
- Form: Chamber Music
- Written: 1761


text:
your bag
Your bag is empty.
Sorry, this product has sold out!
If you would like ARCHFASHION to try to and find it for you complete the form below.
Indian head piece small black with beading detailing measurement from band to end of feather is 55cm **sizing and beading varies as all headpieces are handmade 100%real feathers


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Today's Devotional
Run with It!Jesus is the author of life.
Let's Make ItFacebook official!
Top Christian Music Videos
mulluc Video Channel
- Channel Views: 4,118
- Total Upload Views: 66,730
- Subscribers: 34
- Joined: October 01, 2010
- Last Visit Date: 2010-10-18T22:09:18
I am 17 years old. I am the founder and CEO of a rap label called Christ First Productionz. I love the Lord with all of my heart. I love to hang out and make music with the friends. I love meeting new people. ADD ME.


text:
Girls Bathing Suits
Girls Penny Paisley Halter Crop Top Swimwear Set | Billabong US
bathing suits for 11 year olds - Google Search
Limeapple 'Lucia' Print Two-Piece Tankini Swimsuit (Big Girls) available at #Nordstrom
Crocheted Swimsuit (Kids) | FOREVER21 girls - 2000088370
tween girl bathing suits
Call it wonderlust. Call it a color crush. I'm impressed by the fresh prints. The tank top will make every girl stand out.it is beauty.
Tribal Flounce Bikini Swimsuit | Girls Swimsuits Swim | Shop Justice
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December 30, 1994
RAFAEL GARZA, SR., PLAINTIFF-APPELLANT,v.NAVISTAR INTERNATIONAL TRANSPORTATION CORP., A FOREIGN CORPORATION, AND HOWELL TRACTOR AND EQUIPMENT CO., AN ILLINOIS CORPORATION, DEFENDANTS-APPELLEES, AND HART'S TRACTOR AND EQUIPMENT CO., INC. AN ILLINOIS CORPORATION; AMERICAN ENGINEERING, INC., AN ILLINOIS CORPORATION; RODGER PICKERING; SYED HUSSAIN; ILLINOIS TOLL HIGHWAY AUTHORITY, AND ENVIRODYNE ENGINEERS, INC., A FOREIGN CORPORATION, DEFENDANTS.
Rehearing Denied May 18, 1995. Released for Publication May 26, 1995.
The Honorable Justice Rizzi delivered the opinion of the court: Tully, P.j., and Cerda, J., concur.
JUSTICE RIZZI delivered the opinion of the court:
Plaintiff, Rafael Garza, Sr., brought this action against several defendants including Navistar International Transportation Corp. (Navistar) and Howell Tractor and Equipment Co. (Howell), to recover damages for personal injuries allegedly sustained in a construction accident involving a front-end loader/payloader (machine) manufactured by defendant Navistar and leased from defendant Howell by plaintiff's employer. Plaintiff's complaint contained claims based upon negligence, the Structural Work Act (Ill. Rev. Stat. 1989, ch. 48, par. 60 et seq., and strict product liability. The trial court held that the strict liability claims against defendants Howell and Navistar were barred by the repose provisions in section 13-213 of the Illinois Code of Civil Procedure (Code) (Ill. Rev. Stat. 1989, ch. 110, par. 13-213), and thereafter denied plaintiff's motion to vacate and reconsider the dismissal order. Plaintiff appeals the denial of his motion for reconsideration. We affirm in part, reverse in part and remand.
The issues for review by this court are (1) whether this court has jurisdiction to review the dismissal of plaintiff's strict liability claim against defendant Howell; and (2) whether the trial court properly dismissed the strict liability claims against defendants Navistar and Howell pursuant to the repose provisions set forth in section 13-213 of the Code (statute of repose) (Ill. Rev. Stat. 1989, ch. 110, par. 13-213).
This action arose from an accident which occurred on May 9, 1989. Plaintiff, by his complaint, alleges that he was employed by Loring Construction Co., Inc. (Loring) at that time, and that in the course of his employment he sustained personal injuries when he was struck by a machine manufactured by defendant Navistar and leased from defendant Howell. It is undisputed that defendant Navistar sold the machine to defendant Howell on November 22, 1977, and that defendant Howell first leased the machine to its initial user, Loring, plaintiff's employer, on September 21, 1978. Plaintiff filed this action against defendant Navistar on May 17, 1989, and he amended his complaint and added Howell as a defendant on January 4, 1990.
Count I, based upon the doctrine of strict product liability, alleges that the machine was unreasonably dangerous and defective when it left defendant's Navistar's possession and control. In count VII, plaintiff alleges that defendant Howell was liable under the theory of strict liability because it was the lessor of the machine.
Defendants Howell and Navistar filed motions to dismiss counts I and VII, which were granted. The trial court held that the claims were contrary to the express language and clear intent of the statute of repose (Ill. Rev. Stat. 1989, ch. 110, par. 13-213).
Plaintiff subsequently filed a fourth amended complaint wherein he added Envirodyne Engineering, Inc., as a defendant and he repleaded the strict liability claims against defendant Navistar in count I and against defendant Howell in count III.
Defendants again filed motions to dismiss the strict liability claims, and said claims were again dismissed on April 25, 1991. Plaintiff filed a motion to vacate and reconsider the April 25, 1991, judgment but the motion was denied. Defendant appeals the July 23, 1991, order denying his motion to vacate and reconsider.
On appeal, defendant Howell contends that this court does not have jurisdiction to review the dismissal of plaintiff's strict liability claim against it, because plaintiff filed a motion to reconsider the court's April 1991 order dismissing count VII of the third amended complaint after he filed the fourth amended complaint and that by filing the fourth amended complaint, plaintiff waived his right to appeal the April 1991 dismissal order.
As a general rule, an amendment to a pleading which is complete in itself and which makes no reference to the prior pleading supersedes the original pleading and the original pleading ceases to be part of the record, as it was in effect abandoned or withdrawn. A plaintiff is entitled to review, however, where he does not demonstrate any intent to abandon his initial claim against a defendant. Such an intent is evidenced by the fact that the amended complaint is fundamentally the same as the original or previous complaint with the exception of the changed limitations. Field Surgical Associates, Ltd. v. Shadab (1978), 59 Ill. App. 3d 991, 994, 376 N.E.2d 660, 662-63, 17 Ill. Dec. 514.
In the present case, plaintiff never demonstrated an intent to abandon his initial claim against defendants. This is evidenced by the fact that counts I and III of plaintiff's fourth amended complaint are fundamentally the same as counts I and VII of the third amended complaint. There was no change in plaintiff's factual allegations or legal theory. It appears from the record that the primary purpose of the fourth amended complaint was to add Envirodyne Engineering, Inc. as a defendant. Accordingly, this court has jurisdiction to review the dismissal of plaintiff's strict liability claim against defendants.
Next, plaintiff contends that the trial court erred in dismissing his strict liability claims against defendants essentially because he may rely upon either the 12-year repose period or the 10-year repose period, which ever is more favorable to him. In the alternative, plaintiff suggests that section 13-213 (d) creates a special products liability limitations provision which allows him to pursue a products liability claim within two years from the date of injury regardless of a repose bar. Defendants both maintain that the trial court's dismissal of plaintiff's strict liability claims against them was proper and should be affirmed because the claims were barred by the 10-year statute of repose provision.
We hold that the statute of repose does not bar plaintiff's claim against defendant Navistar, but it does bar plaintiff's claim against Howell.
The statute of repose provides in relevant part:
(b) Subject to the provisions of subsections (c) and (d) no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and, in any event, within 12 years from the date of first sale, lease or delivery of possession to its initial user, consumer, or other non-seller, whichever period expires earlier, of any product unit that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period.
(c) No product liability action based on the doctrine of strict liability in tort to recover for injury or damage claimed to have resulted from an alteration, modification or change of the product unit subsequent to the date of first sale, lease or delivery of possession of the product unit to its initial user, consumer or other non-seller shall be limited or barred by subsection (b) hereof if:
(2) the action commence within the applicable limitation period and, in any event, within 10 years from the date such alteration, modification or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is brought within that period,
(d) Notwithstanding the provisions of subsection (b) and paragraph (2) of subsection (c) if the injury complained of occurs within any of the periods provided by subsection (b) and paragraph (2) of subsection (c), the plaintiff may bring an action within 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death or property damage, but in no event shall such action be brought more than 8 years after the date on which such personal injury, death or property damage occurred. In any such case, if the person entitled to bring the action was, at the time the personal injury, death or property damage occurred, (i) under the age of 18 years, (ii) under legal disability, or (iii) is imprisoned on a criminal charge and the claim is not against the Illinois Department of Corrections or any past or present employee or official of the Department of Corrections, then the period of limitations does not begin to run until (i) the person attains the age of 18 years, (ii) the disability is removed, or (iii) the person ceases to be imprisoned. Ill. Rev. Stat. 1989, ch. 110, par. 13-213(b), (c), (d).
Subsection (b) of the statute of repose mandates that 12-year provision applies to manufacturers (see Thomas v. Unique Food Equipment, Inc. (1989), 182 Ill. App. 3d 278, 280-81, 537 N.E.2d 1375, 1377, 130 Ill. Dec. 906; Elliott v. Sears, Roebuck & Co. (1988), 173 Ill. App. 3d 383, 394-95, 527 N.E.2d 574, 581, 123 Ill. Dec. 111), while the 10-year provision in subsection (c)(2) applies to retailers and initial purchasers who lease equipment to initial users (see Gardner v. Navistar International Transportation Corp. (1991), 213 Ill. App. 3d 242, 253-54, 571 N.E.2d 1107, 1114, 157 Ill. Dec. 88; Thomas, 182 Ill. App. 3d at 280-81, 537 N.E.2d at 581; Erdie v. Central Illinois Public Service Co. (1988), 175 Ill. App. 3d 1050, 1050-53, 530 N.E.2d 514, 515-16, 125 Ill. Dec. 356). The 10-year provision applies only to retailers and lessors but not to manufacturers. If the 10-year provision were applicable to manufacturers, "[a] manufacturer's potential liability for its product would depend not only upon the date of the first sale, but also on the date of the first sale to its initial user, a date over which the manufacturer frequently possesses neither knowledge nor control[,] * * * and liability could extend decades beyond the former date." Taylor v. Raymond Corp. (N.D. Ill. 1989), 719 F. Supp. 738, 743, aff'd, (7th Cir. 1990), 909 F.2d 225. Subsection (d) applies to retailers: A plaintiff either 10 years from the date a product was sold to him to file a strict liability action against a retailer, or 12 years from the date the product was sold to the retailer to file such an action, whichever period expires sooner.
The machine was sold to Howell by defendant Navistar on November 22, 1977. Plaintiff was injured on May 9, 1989. Plaintiff filed suit against Navistar on May 17, 1989. The 12-year repose period relevant to defendant Navistar expired on November 22, 1989. Therefore, the trial court erred when it held that plaintiff's strict liability action against defendant Navistar was barred by section 13-213. The 10-year repose period relevant to plaintiff's claim against Howell had expired, however, before plaintiff filed suit against Howell. The machine was first leased by Howell to Loring on September 21, 1978. The 10-year repose period governing plaintiff's eligibility to file suit against Howell expired on September 21, 1988, 10 years after the machine was sold by defendant Navistar to Howell and 15 months before plaintiff filed his strict liability claim against Howell on January 4, 1990.
For the above reasons, we affirm the trial court's denial of plaintiff's motion to vacate and reconsider its order dismissing the strict liability claim against defendant Howell, but we reverse the trial court's denial of plaintiff's motion to vacate and reconsider the dismissal of plaintiff's strict liability claim against defendant Navistar, and we remand this cause for further proceedings consistent with this opinion.
TULLY, P.J., and CERDA, J., concur.
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Briefing on DOD's Report on Commercial Communications Satellite Services Procurement Process
GAO-05-1019R: Published: Sep 27, 2005. Publicly Released: Sep 27, 2005.
Additional Materials:
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The Department of Defense (DOD) submitted to the Congress on July 29, 2005 a report entitled Defense Commercial Communications Satellite Services Procurement Process. In response to direction from the Committee on Armed Services, United States Senate, we reviewed DOD's report to determine the extent to which it addressed the seven recommendations contained in our December 2003 report on how DOD procures fixed commercial satellite bandwidth services. On September 2, 2005, we briefed the Committee on the results of our review. This letter summarizes and transmits that briefing.
Our analysis of DOD's report indicates that DOD either fully or partially addressed the seven recommendations from our December 2003 report. DOD fully addressed our recommendation on the need to inventory users to determine existing and long-term requirements and our recommendation on improving the current funding structure. However, DOD did not address all elements of the remaining five recommendations, so they are identified as partially addressed.
Dec 1, 2016
Enterprise Risk Management:Selected Agencies' Experiences Illustrate Good Practices in Managing RiskGAO-17-63: Published: Dec 1, 2016. Publicly Released: Dec 1, 2016.
Nov 28, 2016
Whistleblower Protection:Additional Actions Would Improve Recording and Reporting of Appeals DataGAO-17-110: Published: Nov 28, 2016. Publicly Released: Nov 28, 2016.
Oct 31, 2016
- Reported Inventory, Use, and Cost of Federally Owned AircraftGAO-17-73R: Published: Oct 31, 2016. Publicly Released: Oct 31, 2016.
Oct 26, 2016
Federal Procurement:Smarter Buying Initiatives Can Achieve Additional Savings, but Improved Oversight and Accountability NeededGAO-17-164: Published: Oct 26, 2016. Publicly Released: Oct 26, 2016.
Oct 13, 2016
Open Innovation:Practices to Engage Citizens and Effectively Implement Federal InitiativesGAO-17-14: Published: Oct 13, 2016. Publicly Released: Oct 13, 2016.
Oct 12, 2016
U.S. Postal Service:Information on How Broadband Affects Postal Use and the Communications Options for Rural ResidentsGAO-16-811: Published: Sep 12, 2016. Publicly Released: Oct 12, 2016.
Sep 30, 2016
Office of Personnel Management:Actions Are Needed to Help Ensure the Completeness of Political Conversion Data and Adherence to PolicyGAO-16-859: Published: Sep 30, 2016. Publicly Released: Sep 30, 2016.
Sep 29, 2016
Federal Research Grants:Opportunities Remain for Agencies to Streamline Administrative RequirementsGAO-16-890T: Published: Sep 29, 2016. Publicly Released: Sep 29, 2016.
Federal Workforce:Lessons Learned for Engaging Millennials and Other Age GroupsGAO-16-880T: Published: Sep 29, 2016. Publicly Released: Sep 29, 2016.
Sep 27, 2016
Delegated Leasing Authority:Review of Selected Leases and Information on GSA's Changes to Delegation ProceduresGAO-16-716R: Published: Sep 27, 2016. Publicly Released: Sep 27, 2016.
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Sci fi/Fantasy image byTracy Strong
my attempt at the zodiac crew taurus and aquarius are my favorites. left to right cancer capricorn aries pisces scorpio leo aquarious taurus gemini virgo sagittarius libra. Each character has the zodiac symbol hidden in her clothes / hair.
Published More than a year ago
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