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+ Where can I download the Warhammer Age of Sigmar app?
- You can download the Warhammer Age of Sigmar app from the Apple App Store here.
Alternatively if you have an Android Device, the app is available in the Google Play store here.
+ What devices can I use the Warhammer Age of Sigmar app on?
- You can use the Warhammer Age of Sigmar app now on your iPad and iPhone. We recommend that you are running the latest version of iOS to ensure all the features on the app work as intended. Some iPods are also able to run the iPhone version of the app, though it is not optimised for these devices.
You can also use the Warhammer Age of Sigmar app on Android devices. We recommend that you are running Android 4.3 or higher to ensure that all the features of the app work as intended.
+ I've purchased a Warhammer Age of Sigmar book outside of the app. Can I get access to the locked warscroll battalions, battleplans and Time of War rules that are in that book?
- All of the locked content is available to purchase individually within the app. Alternatively, you can gain access to the content via one of our great value Battle Packs. Other purchases, either of the physical book or digital versions from blacklibrary.com and iBooks, will not unlock content within the app.
+ I'm having difficulty downloading a book I purchased in the Warhammer Age of Sigmar app. What can I do?
- If you are having trouble downloading any in-app purchases, we recommend the following:
- Delete the app completely and reinstall it.
- Make sure that you have sufficient storage space on your device. As Warhammer Age of Sigmar books are full colour and filled with high-resolution illustrations, they can be quite large files.
- Make sure your Internet connection is good. If your connection is not fast enough to complete the download in a given time, it may mean that you cannot download the content, even if you have sufficient memory on your device.
- Lastly, make sure you have the most recent version of your operating system installed on your device. While the Warhammer Age of Sigmar app should be compatible with most recent operating systems, we are aware of an issue regarding in-app payments on devices with iOS 8.2 installed on them. Updating to the latest version of iOS should resolve this.
Don't worry; your in-app purchases are not perishable. That means that if you've paid for it, you will get it. You can delete the app and reinstall it as many times as you like and still get access to your purchases.
You will also be able to get access to any items you buy on all your devices on the same platform, not just the one you purchased it on (for example, if you bought a book on your iPhone, you would then have access to the same book on your iPad as long as you are logged into both on the same iTunes account).
+ How do I update my warscrolls?
- To update your warscrolls you will need to delete the app's data. You can do this in one of two ways:
+ When will warscrolls be updated?
- Warscrolls will be updated whenever a new Warhammer Age of Sigmar Citadel Miniature is released. You will be able to be download these warscrolls when the model goes on pre-order.
Occasionally we do update existing warscrolls, and we will notify you of these updates via the Warhammer app.
+ I can't see the latest warscrolls.
- If you are unable to view the latest warscrolls we recommend that you close the Warhammer Age of Sigmar app via the task management section of your device and then reopen it.
+ My book/warscroll/battleplan is formatted incorrectly.
- To resolve this we recommend that you close the app down and delete the app data by going into your device's settings and clearing the cache or by deleting the affected file within the app. You will then need to reopen the app and re-download the book, warscroll or battleplan.
If this has still not resolved the problem, then please contact us at the email address firstname.lastname@example.com.
+ How do I find battleplans and Time of War rules?
+ Will the Warhammer Age of Sigmar app be released on Windows or Kindle?
- At the moment, we have no plans to release the Warhammer Age of Sigmar app on any formats other than Android and iOS.
+ The books and warscrolls look different on my phone and tablet.
- Each book and warscroll has two versions: tablet and mobile editions. The Warhammer Age of Sigmar app will always show you the version that best suits your device. Purchasing an item on any device unlocks both versions for your account, and which is displayed depends on the device being used to read it.
+ I've spotted an error in a warscroll.
- Please send an email to email@example.com with details of the error and we'll get our app team on it.
+ I have a great idea for the Warhammer Age of Sigmar app!
- Awesome! We're always looking for ways to improve our digital products. If you have any thoughts or comments on the app, or if you spot anything that isn't working as you think it should, then please let us know at firstname.lastname@example.com.
+ I'm on an old device running iOS7 (or other old operating system) and the Warhammer Age of Sigmar app won't work!
- Please update your device to use the most up-to-date software. The Warhammer Age of Sigmar app is optimised for use on the most recent operating systems, and we can't guarantee it will function correctly using anything else.
To include the features we want in any app, our developers have to make a decision on what versions of a platform the product will be supported on. We're sorry that the Warhammer Age of Sigmar app won't work on your older device, but our apps' compatibilities are in line with Apple and Android's recommended guidelines.


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This is an expansive, nonsmoking condo, rated as a 4-star, with a partial view of the Sherwin Mountain Range. It is perfect for families or small groups. Unload right at the front door. After a fun day on the slopes or on the lakes, relax in the indoor heated pool, spa or sauna. Then walk or take the bus to the nearby restaurants, theater or shops. It boasts a gourmet kitchen with all the perks. Sleep in the nicely appointed 4 bedrooms which feature 2 kings, 1 queen, a bunkbed, a single bed and queen sofa sleeper in the living room. This property sleeps 11 people maximum. There are 3 bathrooms. An iron and ironing board along with a hairdryer are also provided. The dining room table seats 10 comfortably. Other features include 5 TVs, 5 DVD players, stereo with a cd player, phone answering machine, wireless internet service, washer and dryer, gas BBQ, warmed with forced air and wood stove. This unit has 2 levels. The entry level has 3 bedrooms and two bathrooms. Upstairs is the living room, kitchen and the master bedroom with a bathroom. This 1800 sq ft condo is waiting for you! Unit managed under Mammoth Lakes Business Tax Certificate 864.


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Thursday, February 2, 2017
The End of Employees
The Wall Street Journal has a thought provoking Feb. 1, 2017 peace entitled The End of Employees. It is about how business are contracting out more and more. Why? Because it is cheaper of course. As the article states:
Steven Berkenfeld, an investment banker who has spent his career evaluating corporate strategies, says companies of all shapes and sizes are increasingly thinking like this: "Can I automate it? If not, can I outsource it? If not, can I give it to an independent contractor or freelancer?"
Hiring an employee is a last resort, Mr. Berkenfeld adds, and "very few jobs make it through that obstacle course."
Visitors arriving at SAP, based in Walldorf, Germany, likely don't notice that about 30 receptionists at its U.S. facilities work for contractor Eurest Services, part of Compass Group PLC. It happened in 2014 after SAP executives concluded during a review of potential outsourcing opportunities that some managers were paying their receptionists above-market wages.
SAP handed over hiring, training and oversight of receptionists to an outside firm. They were told they could leave SAP or keep their jobs through Eurest, which pays the receptionists in line with the overall market.
This is of course, nothing new. There is a ton of law concerning the issue of who is an employee which myself and others have written about. This article focuses on cost, but employers also contract out to avoid potential liability as an employer under our labor and employment laws. This article also leaves out one important fact. While many of the contracted out employees may not be employees of the firm, they may, under certain circumstances become employees of the contractor.
Mitchell H. Rubinstein
February 2, 2017 in Employers, Employment Law | Permalink | Comments (0)
Tuesday, December 20, 2016
Intentional Misconduct Disqualifies a Nurse From Obtaining Unemployment Benefits
In New York and several other states, employees who commit misconduct are not entitled to unemployment insurance. But, what is misconduct? The closer the act comes to an intentional action, as opposed to a negligent action, the more likely it will be found to constitute disqualifying misconduct. Matter of Trunzo v. Commissioner of Labor, ____A.D. 3d____(3rd Dep't. Dec. 15, 2016), is illustrative of this concept. As the court stated:
"An employee's violation of an employer's reasonable policy, which has a detrimental effect on the employer's interest, has been found to constitute disqualifying misconduct" (Matter of Sutton [Albany Med. Ctr.—Commissioner of Labor], 84 AD3d 1621, 1622 [2011] [citations omitted]). Here, claimant received an employee handbook and was aware of the employer's policy that a physician's order is required for any medication or therapeutic agent placed in a mediset. Claimant knew that the purpose of the policy was to keep the physician informed of any substances being combined with the patient's prescribed medications in order to address any potential harmful interactions. To the extent that claimant asserts that her conduct was unintentional as she just forgot to obtain a physician's order and that such conduct amounted to mere negligence, we note that "[w]hether a claimant's actions rise to the level of [*2]disqualifying misconduct is a factual issue for the Board to resolve" (Matter of Muniz [Mitarotonda Servs., Inc.— Commissioner of Labor], 140 AD3d 1426, 1427 [2016] [internal quotation marks and citation omitted]; see Matter of Arroyo [Dry Harbor Nursing Home—Hartnett], 145 AD2d 886, 887 [1988]). Under the circumstances here, where claimant's conduct took place over a period from November 2014 to April 2015, substantial evidence supports the Board's finding that claimant engaged in disqualifying misconduct and its decision will not be disturbed (see Matter of Strang [Memory Gardens, Inc.—Commissioner of Labor], 112 AD3d 1254, 1255 [2013]; Matter of Farnsworth [Ellis Hosp.—Commissioner of Labor], 108 AD3d 1008, 1009 [2013]; Matter of Meagher [Commissioner of Labor], 89 AD3d 1269, 1269 [2011]), notwithstanding the fact that claimant did not receive any prior warnings.
Mitchell H. Rubinstein
December 20, 2016 in Employment Law | Permalink | Comments (0)
Tuesday, November 22, 2016
Excessive Absenteeism Disqualifies Individual For Unemployment
Matter of Mead v. Commissioner of Labor, ___A.D.3d___(3d Dep't. Nov. 21, 2016) is an interesting case. The case holds that an individual who is excessively absent can be disqualified for unemployment, reasoning:
Excessive absenteeism, which continues despite repeated warnings, has been held to constitute misconduct disqualifying a claimant from receiving unemployment insurance benefits (see Matter of Berkeley [Commissioner of Labor], 94 AD3d 1328, 1328-1329 [2012]; Matter of Seabrook [Commissioner of Labor], 45 AD3d 1165, 1165-1166 [2007]). Here, it is undisputed that claimant was continually absent from work even after she was warned that further absences would result in disciplinary action, including discharge. Although claimant [*2]maintains that she did not realize that the last warning was her final one, this does not excuse her behavior under the circumstances presented.
I believe there is also case law finding no misconduct, for unemployment purposes, when a person is excessively absent through no fault of his own, ie because of medical issues.
Mitchell H. Rubinstein
November 22, 2016 in Employment Law | Permalink | Comments (0)
Wednesday, October 12, 2016
Supremes Grant Cert In Case That Has Implications For Summary Judgement Motions In Discrim Cases
The Supremes recently granted cert in Zigler v. Turkmen, which involves pleading discriminatory intent. Though not an employment law case, intent and pleading issues are an important issue in employment discrimination cases-particularly in the summary judgement stage after Twombly and Iqbal. From Scotusblog, via Workplace Prof Blog, the issue in the case includes:
"whether the Court of Appeals erred in finding that Respondents' Fourth Amended Complaint met the pleading requirements of Ashcroft v. Iqbal, and related cases, because that complaint relied on allegations of hypothetical possibilities, conclusional assumptions, and unsupported insinuations of discriminatory intent that, at best, are merely consistent with Petitioner Ziglar's liability, but fall short of stating plausible claims."
Mitchell H. Rubinstein
Hat Tip: Workplace Prof Blog
October 12, 2016 in Discrimination Law, Employment Discrimination, Employment Law, Supreme Court | Permalink | Comments (1)
Friday, January 15, 2016
Exotic Dancers Are Employees
Exotic Island Enterprises v. Commissioner of Labor, ___A.D.3d___ (3rd Dep't. Jan. 14, 2016), raises a whole host of legal questions for which law review commentary is welcome.
Factually, the court held that exotic dancers are employees for unemployment purposes. Applying the right to control test, the court reasoned:
The corporations challenge the brevity and thoroughness of the investigation by the Department auditor, arguing that it was insufficient to establish that the dancers were employees. However, any evidentiary gaps in the initial investigation were filled through the testimony of Slifstein and the corporations' accountant at the hearing. Slifstein testified that the venues attracted new dancers by placing advertisements in trade magazines and newspapers. Before permitting a dancer to perform at the venues, he would inquire into their prior experience, ask them what schedule they would like, and assess their appearance. If a dancer was not physically fit, he would not permit them to perform at the venues. The dancers were required to provide a driver's license or other form of identification and would not be allowed to dance at the venue if they did not do so. If a dancer lacked experience, he would instruct them to observe a more experienced dancer in order to learn how to "move sexy." Although dancers were not required to report to work at any set time, upon advising the owner of their availability, they would be placed on a nightly schedule posted in the venue for the patrons to view. The venues set the prices that the dancers would charge patrons for private dances and retained a percentage of the money earned. Although the dancers provided their own makeup and costumes, the venue provided the stage for the dancers to perform on, sound equipment and, at times, the music accompanying the dances. The corporations' accountant also testified that the corporations carried workers' compensation coverage for the dancers. Thus, despite other evidence that may have supported a contrary result, we find the Board's decision that the corporations exercised sufficient direction and control over the dancers to be supported by substantial evidence (see Matter of Enjoy the Show Mgt. [Commissioner of Labor], 287 AD2d 822, 822-823 [2001]; see also Matter of Human Performance, Inc. [Commissioner of Labor], 28 AD3d 971, 972 [2006]).
If this is so and a dancer is sexually harassed, can they bring a Title VII case, an OSHA case is their is a safety issue etc. I would think so.
Mitchell H. Rubinstein
January 15, 2016 in Employment Law, Law Review Ideas | Permalink | Comments (10)
Thursday, July 16, 2015
DOL Issues Administrator Interpretation on Employee Status
On July 15, 2015, Wage and Hour Administrator David Weil issued Administrator Interpretation No. 2015-1 entitled "The Application of the Fair Labor Standard's Act's "Suffer or Permit" Standard in the Identification of Employees Who Are Misclassified as Independent Contractors", Download DOL
There are no surprises here. The DOL simply summarized the applicable case law that applies the multiple factor economic reality test as opposed to the common law right to control test to determine employee status:
Ultimately, the goal is not simply to tally which factors are met, but to determine whether the worker is economically dependent on the employer (and thus its employee) or is really in business for him or herself (and thus its independent contractor). The factors are a guide to make this ultimate determination of economic dependence or independence.... The Supreme Court "has consistently construed the Act 'liberally to apply to the furthest reaches consistent with congressional direction,' recognizing that broad coverage is essential to accomplish the [Act's] goal. . . ."
The DOL makes no mention of the fact that there are at least two other tests utilized in other employment employment statutes (a hybrid economic reality test and common law right to control test; statutory purpose test) or any of the scholarly literature concerning employee status.
While the DOL was focusing on the FLSA and on some level it is understandable why they simply focused on the economic reality test, I believe that some mention of these other tests was warranted because employers should not assume that simply because an individual is an employee under the FLSA does not mean that he or she is going to be an employee under Title VII, where for example, a hybrid test is often utilized.
Several years ago, I wrote a law review article which addressed many of these issues. Employees, Employers and Quasi Employees.
Mitchell H. Rubinstein
July 16, 2015 in Employment Law, Federal Law, FMLA, Labor Law | Permalink | Comments (0)
Friday, February 6, 2015
Despite Failure to Call In, Claimant Is Entitled To Unemployment
Matter of Pratt (Cellular Sales) v. Commissioner of Labor, ____A.D.3d___(3d Dep't. 2015), is an interesting Unemployment decision. I bring it to the readers' attention because it demonstrates how, courts, in my view, often tip the balance in favor of the discharged employee. We all know that an employee is not eligible for unemployment for misconduct, but what is misconduct? The court explains:
The employer contends that claimant engaged in disqualifying misconduct by failing to abide by its call in policy prior to being absent for two consecutive shifts and that this amounted to a resignation under the provisions of the employee manual. Initially, we note that whether an employee's actions rise to the level of disqualifying misconduct for unemployment insurance purposes is a factual issue for the Board to resolve and its determination will be upheld if supported by substantial evidence (see Matter of Cardenas [Metropolitan Cable Communications, Inc.—Commissioner of Labor], 118 AD3d 1234, 1234-1235 [2014]; Matter of Andrews [A.C. Roman & Assoc.—Commissioner of Labor], 118 AD3d 1216, 1216-1217 [2014]). Here, claimant stated that he was unaware of the employer's call in policy and did not contact his supervisor prior to his absences on August 20 and August 21 because he thought that this had been taken care of when he reported to his supervisor that he was locked out of the system, at which point he could not perform any work. In view of this, as well as the absence of any indication that claimant had time or attendance problems in the past, the Board could reasonably conclude that claimant did not engage in disqualifying misconduct (see Matter of Jaiyesimi [ISS Action Inc.—Commissioner of Labor], 114 AD3d 983, 984 [2014]). Accordingly, substantial evidence supports the Board's decision and we decline to disturb it.
Mitchell H. Rubinstein
February 6, 2015 in Employment Law | Permalink | Comments (0)
Friday, October 31, 2014
Strippers Are 'Employees' Under Nevada Wage Law
Sometimes you cannot make these cases up. Dancers who perform at a Nevada strip club are employees, not independent contractors, and therefore are covered by the state's minimum wage law, the Nevada Supreme Court rules in a unanimous opinion (Terry v. Sapphire/Sapphire Gentlemen's Club, Nev., No. 59214, 10/30/14).
A copy of this decision can be found on the Nevada Supreme Court's web site, here. In a 20 page decision, the Court applies the economic realities test that is also applied in FLSA cases.
Mitchell H. Rubinstein
October 31, 2014 in Employment Law | Permalink | Comments (1)
Tuesday, September 30, 2014
NYS Dep't. of Labor applies right to control test to determine employee status
Dunno v. Commissioner of Labor, ___A.D.3d___(3d Dep't. Sept. 25, 2014), is an interesting case. The court held that a security guard was an employee and not an independent contractor. The court applied the common law right to control test, reasoning:
In making such a determination, the Board considers whether the putative employer exercised control over the [*2]results produced or the means used to achieve those results, with the means being the more important consideration (see Matter of McCollum [Fire Is. Union Free School Dist.—Commissioner of Labor], 118 AD3d 1203, 1204 [2014]; Matter of Joyce [Coface N. Am. Ins. Co.—Commissioner of Labor], 116 AD3d 1132, 1134 [2014]). Here, the testimony of both claimant and Anthony Stone, the principal of ASISS, established that claimant completed an application for employment and was hired at a rate of pay established exclusively by Stone. ASISS assigned claimant to a specific location, established his hours of work and covered him under its workers' compensation insurance. Furthermore, it provided him with an employee code of conduct and required him to call in to an automated system at the beginning and end of each shift, to sign a time sheet and to submit incident reports. The client was not informed that claimant was an independent contractor, claimant was required to request time off two weeks in advance and ASISS would find a replacement if claimant was unavailable for his shift. Claimant was required to adhere to the company dress code by wearing a dark suit and tie, as well as a company lapel pin, while on duty. Furthermore, any complaints about claimant's performance would be handled by ASISS and claimant would receive his pay even if the client did not pay ASISS. Accordingly, while there was other evidence in the record suggestive of an independent contractor relationship, we find that substantial evidence supports the Board's determination that claimant was an employee (see Matter of Anwer [Exclusive Fragrance & Cosmetics, Inc.—Commissioner of Labor], 114 AD3d 1114, 1115 [2014]; Matter of Lamar [Eden Tech., Inc.—Commissioner of Labor], 109 AD3d 1038, 1039 [2013]).
This decision is highlighted because it illustrates some of the factors courts examine in determining employee status. However, the decision is not particularly well written because it merely stated that other evidence in the record supported the opposite conclusion (that the individuals were independent contractors) and the court did not weigh this evidence.
Mitchell H. Rubinstein
September 30, 2014 in Employment Law | Permalink | Comments (2)
Monday, August 4, 2014
Instructor at Yoga School Is An Employee
Matter of Yoga Vida v. Commissioner of Labor, ___A.D. 3d___(3d Dep't. July 31, 2014), is an interesting case. In the context of Unemployment, the court had to decide whether a Yoga instructor was an employee. In concluding that she was, the court applied the right to control test and reasoned:
Classes were held in Yoga Vida's studios and students were solicited by the company. [*2]Yoga Vida published class schedules on its website and set the duration of each class. Instructors were compensated by check according to a negotiated rate, with some instructors preferring a set rate for each class and others electing to take a percentage of the fees that were collected from students who attended classes. Patton averred that the instructors were an integral part of Yoga Vida's business (see Matter of Professional Career Ctr., Inc. [Commissioner of Labor], 105 AD3d 1219, 1220 [2013]), and he personally ensured that they were properly certified and had adequate training and expertise to conduct classes. While Yoga Vida disputed that it supervised the instructors, Patton conceded that he would personally address instructors regarding their manner of instruction if it posed a risk of injury to the students or if they were otherwise engaged in conduct that he found objectionable. Overall, despite the existence of evidence that could result in a contrary result, the record contains substantial evidence to support the Board's decision that Yoga Vida had sufficient control over the instructors' work, thereby allowing for a finding of an employer-employee relationship (see Matter of Anwer [Exclusive Fragrance & Cosmetics, Inc.—Commissioner of Labor], 114 AD3d at 1115; Matter of Human Performance, Inc. [Commissioner of Labor], 28 AD3d 971, 972 [2006]; Matter of Fitness Plus [Commissioner of Labor], 293 AD2d 909, 910 [2002])
Mitchell H. Rubinstein
August 4, 2014 in Employment Law | Permalink | Comments (0)
Sunday, March 9, 2014
Interesting Faithless Servant Decision
March 9, 2014 in Employment Law | Permalink | Comments (0)
Wednesday, February 19, 2014
Delay in Termination Does Not Change The Fact That Employee Not Eligible For Unemployment
Matter of Capello v. Commissioner of Labor, ___A.D.3d___(3rd Dep't. Jan. 16, 2014), is an interesting case. The employee tried to argue that he was not terminated for misconduct because the employer delayed firing him. The employee was absent a week after the incident and it then took the employer 2 weeks to investigate.
Mitchell H. Rubinstein
February 19, 2014 in Employment Law | Permalink | Comments (0)
Sunday, February 16, 2014
Hospital Employee States Whistleblower Cause of Action
Galbraith v. Westchester Medical Center, ___A.D.3d___(2d Dep't. Jan. 15, 2014), is an interesting read. A hospital perfusionist stated a cause of action under N.Y. Labor Law Section 741. He alleged that alleging that he was demoted in retaliation for his objections to the rapid infuser policy, which he voiced because he was concerned that it threatened the quality of patient care.
Note, that this is a public sector employment law case. The law is far my restrictive in the private sector in New York.
Mitchell H. Rubinstein
February 16, 2014 in Employment Law, Employment-At-Will & Exceptions | Permalink | Comments (0)
Wednesday, January 29, 2014
Several States Raised Minimum Wage
According to Findlaw which picked up an article from US Today, several states raised their minimum wage effective January 1, 2014. As they explain:
Workers in 13 states will see the minimum wage increase in 2014, including New Jersey, Connecticut, California, New York, and Rhode Island, reports USA Today.
Californians will eventually see the state minimum wage rise to $10 by 2016, but will have to wait until July 2014 to see it rise to $9 per hour. (In cities such as San Jose and San Francisco, however, the local minimum wage already exceeds $10 an hour.)
Mitchell H. Rubinstein
January 29, 2014 in Employment Law | Permalink | Comments (0)
Thursday, January 23, 2014
Employment Agency Is Not Employer
Matter of John Lack Associates (Commissioner of Labor), ___A.D. 3d___ (3rd Dep't. Dec. 5, 2013), is an interesting decision. In applying the Right to Control test, the court concludes that an agency that hired waitresses is not their employer, reasoning:
John Lack provides its clients with individuals fitting the client's requirements for each particular event. The agency neither interviews nor screens the workers, other than to ensure that they have the necessary uniform and equipment. However, the workers generally provide their own uniform and equipment. Although the client may provide a uniform on occasion, John Lack does not. After being retained by a client, John Lack contacts individuals from its lists and explains the details and requirements of the available job. The individual is free to refuse a job and may do so, for example, if the pay rate offered is unacceptable. Notably, most of the waiters and bartenders accept work from other placement agencies. If the worker accepts the job offered by John Lack, the agency directs him or her to report to a representative of the client at the event. However, it is the client that instructs, controls and supervises the worker at the event. In this regard, the client explains the rules of conduct to the worker and, if a worker's performance is not satisfactory, the client will instruct the individual to leave or fire him or her from the job. There is no indication in the record that John Lack provides workers with any training.
With regard to payment, the client is responsible for tracking the number of hours worked by the waiter or bartender and then completes an event report and submits it to John Lack so that payment can be tendered to the worker. Although workers are paid by John Lack, their remuneration is based upon the rate of pay offered by the client to John Lack for each particular job. Additionally, on at least one occasion, when a worker was injured on a job, the client paid the worker's hospital bills. Under these circumstances, we are unable to conclude that substantial evidence exists in the record to support the Board's decision that John Lack exercises sufficient control over the workers to establish an employer-employee relationship (see Matter of Richins [Quick Change Artistry, LLC—Commissioner of Labor, 107 AD3d at 1344; Matter of Holleran [Jez Enters., Inc.—Commissioner of Labor], 98 AD3d at 757; Matter of Mulholland [Motherly Love Care—Commissioner of Labor], 258 AD2d 855, 758
Mitchell H. Rubinstein
January 23, 2014 in Employment Law | Permalink | Comments (0)
Sunday, January 19, 2014
Feeling Overwhelmed Is Not Sufficient Reason For Quitting Job For Unemployment Purposes
Matter of Basciano (Commissioner of Labor), ___A.D.3d__ (3rd Dep't. Dec. 5, 2013), is an interesting unemployment case. As the court explains:
Claimant, a credit manager, notified the employer that he was overwhelmed and was going to look for other work. He further agreed to leave when his replacement was hired, even if he had not yet secured a new job. Claimant's replacement began working approximately two weeks later, marking the end of his employment. Inasmuch as claimant agreed to leave his position even if he lacked a definite plan for future employment, substantial evidence supports the determination of the Unemployment Insurance Appeal Board disqualifying him from receiving unemployment insurance benefits (see Matter of Solano [Commissioner of Labor], 50 AD3d 1425, 1426 [2008]; Matter of Kennedy [Commissioner of Labor], 294 AD2d 700, 700 [2002]).
Mitchell H. Rubinstein
January 19, 2014 in Employment Law | Permalink | Comments (0)
Sunday, January 12, 2014
Opting Out of Workers Comp??
Workplace Prof Blog has an interesting posting about Oklahoma which is considering opting out of mandatory Workers Comp. It is worth reading.
Mitchell H. Rubinstein
January 12, 2014 in Employment Law | Permalink | Comments (0)
Sunday, December 22, 2013
Catering Surcharge Not 'Tip' Under FLSA or New York Law Before 2011
A mandatory 11 percent surcharge added to certain customer invoices by a New York catering business was not a tip owed to food delivery workers under the Fair Labor Standards Act, nor was it a gratuity within the meaning of the New York Labor Law prior to January 2011. Maldonado v. BTB Events & Celebrations, Inc., ___F.Supp. 2d__ (S.D.N.Y. 11/22/13).
However, the court stated that revised state law regulations effective Jan. 1, 2011, require employers to show by "clear and convincing evidence" that they provided sufficient notice to customers that a specific charge was not a gratuity, and the company failed to meet that standard
December 22, 2013 in Employment Law | Permalink | Comments (0)
Thursday, November 14, 2013
Service as an independent contractor does not count in qualifying for unemployment insurance benefits
Reprinted by permission New York Public Personnel Law
Mitchell H. Rubinstein
November 14, 2013 in Employment Law | Permalink | Comments (0)
Thursday, November 7, 2013
The Unemployment Insurance Appeals Board is bound by the disciplinary hearing officer's "factual findings" and his conclusion that the employee had been insubordinate in determining if the individual's behavior constituted disqualifying misconduct
Reprinted with permission New York Public Personnel Law
Mitchell H. Rubinstein
November 7, 2013 in Employment Law | Permalink | Comments (0)


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Ultra slim and ultra sleek, the Newt 13 is the perfect companion for all your gadgets and comes loaded with style.
For those who spend a lot of the year globe trotting, the Circuit is an airport friendly bag, capable of accommodating most 17 inch laptops.
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Ortlieb's Duffle RS Bag was the winner of the OutDoor Industry Award 2014 and made to withstand the rigors of the most adventurous of expeditions while maintaining a high level of travel comfort.
If you enjoy the retro feel of a map when out and about, then Ortlieb's Waterproof Ultimate6 Map Case will be a welcome addition to your bike tours.
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Sikar to Pali - Bus Fare & Timings
- Bus-operator From To Cheapest Fare
Amit Travels
Just a moment
Sangwan Travels
Just a moment
About Sikar
Sikar is a popular tourist destination in Rajasthan. It is the second most developed city after Pink City and is the administrative headquarter of the district. The city is famous for Laxmangarh Fort, which was constructed in the year 1862.This fort has got the Shekhwati style of architecture which has a charm in it. Apart from this fort, there are other forts like Bansidhar Rathi Haveli, Sanganeria Haveli, Char Chowk Haveli and Kedia Haveli. Travelers can also visit Fatehpur Town, which was founded by Nawab Fateh Khan. The place is famous for havelis, fort, temples, mosques and temples. Khatushyamji Temple is a popular shrine visited by large number of devotees, especially during fair that is hold during the month of February and March. Sikar is well connected to all other cities of Rajasthan through all means of transportation modes.
About Pali
Pali is an old town in Rajasthan. It is known for many old buildings which were built centuries ago and are still in a good condition. In earlier time, this town was under wealthy Brahmins, were called as Paliwals, hence the name Pali. This town is mainly known for three main temples- Ranakpur Jain Temple, Hatundi Rata Mahabir Temple and Surya Narayan Temple. Like other places in Rajasthan, Pali is also known for colorful homes. Some of the interesting places to explore are- Bangur Museum, Lakhotia Garden, Somnath Mandir and Maharana Pratap Smarak. There are many palaces and forts which have been converted into hotels. Some of the palaces turned hotels are: Karni Khot, Rohet Garh, Kotri Raola Pali, Rawla Narlai and Jagram Durg.


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Deoxycholic Acid Cas 83 44 3 - Chinaprice: 285.00 Dollar US$
Product Name: Deoxycholic acid
Synonyms: 17-beta-(1-methyl-3-carboxypropyl)-etiocholane-3-alpha, 12-alpha-diol;
3, 12-dihydroxy-(3alpha, 5beta, 12alpha)-cholan-24-oi;
3, 12-dihydroxy-, (3.alpha., 5.beta., 12.alpha.)-Cholan-24-oicacid;
3, 12-dihydroxy-, (3-alpha, 5-beta, 12-alpha)-cholan-24-oicaci;
3, 12-dihydroxy-, (3alpha, 5beta, 12alpha)-cholan-24-oicaci;
3, 12-dihydroxycholanicacid;3-alpha, 12-alpha-dihydroxy-5-beta-cholan-24-oicaci;
3alpha, 12alpha-dihydroxy-5beta-cholan-24-oicaci
Product Categories: Intermediates & Fine Chemicals;Pharmaceuticals;Steroids
Mol File: 83-44-3.mol
Deoxycholic acid Chemical Properties
mp 171-174 °C(lit.)
alpha 55 º (c=1, EtOH)
storage temp. Store at RT.
solubility 0.24 g/L (15°C)
Water Solubility 0.24 g/L (15 ºC)
Merck 14, 2899
Stability: Stable. Combustible. Incompatible with strong oxidizing agents.
CAS DataBase Reference 83-44-3(CAS DataBase Reference)
EPA Substance Registry System Cholan-24-oic acid, 3, 12-dihydroxy-, (3.alpha., 5.beta., 12.alpha.)- (83-44-3)
Efficacy For lowering blood cholesterol drugs, can reduce blood cholesterol; for feed additives, biochemical reagents, health products
Hyodeoxycholic Acid 83-49-8
* Formula: C24H40O4
* Melting Point:170℃ 195℃ 198℃
* Physical properties: white or similar white powder
* The Product Categories of this chemical are Natural Plant Extract;Intermediates & Fine Chemicals;Isotope Labelle
Compounds;Metabolites & Impurities;Pharmaceuticals;Steroids. As a antitumor agent, it is isolated from pig bile.
* Package: 20 kg fiber can
* Delivery Time: 5~7 weekdays
Company Contact:
- Posted By: Anhui Chem-Bright Bioengineering Co.,Ltd.
- Phone: 86-561-4083123
- Address: No.8 Lieshan Industrial Zone, Huaibei City, Anhui Province, China
- Email:
- Website: http://www.ahkbsw.com
Published date: June 15, 2016 -
- Business Description: Anhui Chem-Bright Bioengineering Co.,Ltd is a modernized enterprise specialized in research & development, manufacturing and selling of Active Pharmaceutical Intermediates and feed additive.
Our main products are cholesterol, bilirubin,cholic acid, hyodeoxycholic acid, chenodeoxycholic acid, pig bile powder, ox bile powder,sodium cholate,Deoxycholic acid,Sodium Deoxycholate,Dehydrocholic acid,Sodium Dehydrocholate,Chondronitin Sulfate.
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There are currently 512 users online. 134 members and 378 guests
Most users ever online was 4,561, 11-02-2015 at 00:20.
It's pretty much live; delayed a minute or so. The time stamp is 11:17am since I saved this one, just a bit before I posted it. MDOT has some nice camsmarkr6 Today, 12:47
Well that looks mighty different. Maybe that webcam isn't quite up to date. Oh well, I may have to hike what I can on Thursday night and go back for thekg8jk Today, 12:42
I've been playing with my setup today, tweaking the nettle tensions. How much tension are folks using compared to a regular "two cord" UQ setup?Philster Today, 12:30
I use piece CCF seat pad that I cut out from an old sleeping pad. When not using as a seat pad I simply roll it up and stuff it into a small, narrow,Carbon Today, 12:30
Its easy to make a netless so don't worry. Did my first in 1.7 hyperD in a nice grey with contrasting blue thread. That got me hooked and best thing youAdventureMyk Today, 12:24
I'm right in your wheelhouse. 5'6 and I use a 10' hammock. I use a 52" Phoenix from HG. Love it. Super warm. It covers me from above my headAtlas918 Today, 12:23
Just got mine in the mail yesterday. Also, Edge tarp, and just ordered Yetti (Spelling from video).
Thanks for the write-up.
it says it's almost 2lbs :OBic Today, 12:10


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Since its creation in 2005, Autism Speaks has grown to become the largest autism advocacy organization in the country, if not the world, says group co-founder Suzanne Wright in this interview. Wright and her media-mogul husband, Bob, were drawn to the cause after their grandson was diagnosed with the disorder. Their work, she said, has lead to changes. "Now every child is mandated by the American Academy of Pediatrics to be screened for autism at 18 and 24 months," Wright said.
Full Story:MSNBC


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Cheap Flights To Mexico City, MX
Best Deals to Mexico City Last modified: Feb 24, 2017 0:30 -05:00Prices shown were found by travelers like you over the past 30 days
We've scanned 29,728,241,527 round trip itineraries and found the cheapest flights to Mexico City. Aeromar & Interjet frequently offer the best deals to Mexico City flights, or select your preferred carrier below to see the cheapest days to fly.
Cheap International Flights to Mexico City - MEX Prices shown were found by travelers like you over the past 30 days
- London, United Kingdom to Mexico City25-Mar to 26-Mar
- Chicago to Mexico City1-Mar to 8-Mar
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- New York City to Mexico City14-Mar to 22-Mar
- Dallas to Mexico City21-Mar to 28-Mar
- Paris, France to Mexico City13-May to 14-May
- Atlanta to Mexico City30-Mar to 1-Apr
- Houston to Mexico City10-Apr to 17-Apr
- Phoenix to Mexico City21-Apr to 24-Apr
- Las Vegas, Nevada to Mexico City6-Mar to 13-Mar
- Sao Paulo to Mexico City17-Mar to 24-Mar
- Denver to Mexico City16-Mar to 20-Mar
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Cheap Flights from Mexico City (MEX)
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- From Los Angeles, California to Mexico City$235RTGOOD3/7 - 3/16
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- From New York City to Mexico City$298RTGOOD3/14 - 3/22
- From San Jose, Costa Rica to Mexico City$324RTGOOD3/9 - 3/19
- From Paris, France to Mexico City$941RT 3/17 - 3/24
Top Regional Destinations
Other places to consider
- Cancun7-Mar to 14-Mar
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- San Jose Cabo12-Jun to 16-Jun
- Tijuana21-Mar to 28-Mar
- Mazatlan21-Apr to 26-Apr
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- Acapulco19-Mar to 24-Mar
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- Hermosillo23-Mar to 5-Apr
- Cozumel13-Oct to 15-Oct
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- Morelia3-Mar to 10-Mar
- Chihuahua21-Apr to 24-Apr
- Ciudad Juarez14-Mar to 21-Mar
- Culiacan21-Jul to 22-Jul
- Zihuatanejo24-Apr to 28-Apr
- Tuxtla Gutierrez24-May to 31-May
- Zacatecas30-Mar to 3-Apr
- Villahermosa2-Mar to 7-Mar
- La Paz, Mexico21-Mar to 28-Mar
- San Luis Potosi9-Mar to 13-Mar
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Cheap International Flights from Mexico City - MEX Prices shown were found by travelers like you over the past 30 days
- Mexico City to New York City26-Apr to 28-Apr
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- Mexico City to Los Angeles, California4-Mar to 5-Mar
- Mexico City to Paris, France23-Apr to 5-May
- Mexico City to Atlanta1-Jun to 8-Jun
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- Mexico City to Madrid25-May to 28-May
- Mexico City to Houston19-May to 22-May
- Mexico City to Toronto14-Mar to 19-Mar
- Mexico City to Frankfurt28-Mar to 11-Apr
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Features of This Trackelectric rock instrumentation
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and many other similarities identified in the Music Genome Project
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A voluntary disclosure to USAID by one of its largest not-for-profits led the agency to suspend the entity for potential false claims and lack of internal controls, resulting in the board of directors forcing the resignation of the entity's leadership team and hiring our lawyers to resolve the matters. When the agency refused to lift the suspension due to the lack of trustworthy internal controls and the entity was on the brink of shuttering its doors, our lawyers successfully negotiated a grand bargain to transfer nearly all of the programs, assets, and employees to another not-for-profit and settle the False Claims Act (FCA) investigation.
Search warrants executed simultaneously on both coasts triggered an aggressive investigation of alleged Cost Accounting Standards (CAS) violations. First, we persuaded the U.S. Attorney to terminate its criminal case. Next, we convinced the Department of Justice's Civil Frauds division that the case had no merit. Finally, we obtained a dismissal on motion of a pending qui tam case. After winning on all fronts, the client was able to submit and recover allowable costs of defense, including legal fees.
Foreign government cyber hacking of a federal agency produced front page news and a U.S. Department of Justice (DOJ) False Claims Act (FCA) investigation of the service contractor that built and maintained the agency's cyber security system. We rebutted allegations that critical cyber infrastructure was missing, out of date, and technically deficient. The DOJ dropped its investigation and the company made a small, five figure settlement with the agency.
Press reports accusing our client of using inflated labor categories on a billion dollar contract triggered an eight year False Claims Act (FCA) investigation. Eventually, our appeal to senior attorneys at the U.S. Department of Justice's Civil Division brought an end to the FCA investigation and cleared the way for the client to negotiate an administrative settlement with the contracting agency resulting in a net payment to the client of millions of dollars.
December 20, 2016, Inside Government Contracts
Earlier this month, in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, the Supreme Court held that the False Claims Act ("FCA or Act") does not require that a FCA qui tam complaint be dismissed because of a violation of the seal requirement. Writing for a unanimous Court to resolve the … Continue Reading
The post Supreme Court Says False Claims ...
November 8, 2016, Inside Government Contracts
Last week, the United States Supreme Court heard argument in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby over the False Claim Act's (FCA) "seal requirement." The controversy highlights an important statutory tool for government contractors who face allegations of making false claims for payment. It also provides important lessons for … ...
September 23, 2016, Inside Government Contracts
The Fourth Circuit recently held, in an unpublished opinion, that the anti-retaliation or "whistleblower" provisions of the False Claims Act ("FCA") protect an individual's efforts to stop a contractor from violating the FCA, even when there is no "distinct possibility" of litigation. This "distinct possibility" standard was adopted prior to 2009 when the ...
June 22, 2016, Inside Government Contracts
The Armed Services Board of Contract Appeals ("ASBCA" or the "Board") recently issued an opinion addressing several important, and controversial, topics of interest to government contractors. The lengthy opinion addressed key issues related to the Board's jurisdiction over government claims and affirmative defenses based on alleged contractor fraud, the ...
June 20, 2016, Inside Government Contracts
Last week, in Universal Health Services Inc. v. U.S. ex rel. Escobar, the Supreme Court unanimously affirmed the viability of the "implied false certification" theory of False Claims Act liability, at least in certain circumstances. Writing for a unanimous Court, Justice Thomas explained that a defendant can face FCA liability under an implied certification ...
May 6, 2016, Inside Government Contracts
On May 3, 2016, the U.S. Railroad Retirement Board ("RRB") issued an interim final rule adjusting civil False Claims Act ("FCA") and Program Fraud Civil Remedies Act ("PFCRA") monetary penalty amounts for the RRB. The interim final rulemaking resulted in an increase of the PFCRA maximum to $10,781 and a new FCA range of $10,781-$21,563. … Continue Reading
The ...
March 23, 2016, Inside Government Contracts
In U.S. ex rel. Beauchamp v. Academi Training Ctr., LLC, the Fourth Circuit recently determined that the public disclosure rule did not necessarily bar a False Claims Act ("FCA") qui tam suit where the plaintiff amended its complaint with details gained from a news story that was published online after its prior complaint was filed. … Continue Reading
The post ...
December 14, 2015, Inside Government Contracts
On December 3rd, the Department of Justice released its annual summary of recoveries in False Claims Act (FCA) cases. Although down from last year's $5.69 billion, this year's recoveries of $3.5 billion demonstrate the power that the government wields to drive settlements of fraud allegations. Of the $3.5 billion, $1.1 billion in recoveries are attributable … ...
November 16, 2015, Inside Government Contracts
On October 31, 2015, the U.S. Court of Federal Claims (CoFC) in Horn & Associates, Inc. v. United States (No. 08-415C) rejected three fraud-based counterclaims that were filed by the U.S. Government in response to a breach of contract action brought by the plaintiff, Horn & Associates (Horn), through a certified claim under the Contract … Continue Reading
The ...
October 21, 2015, Inside Government Contracts
Following an 8-2 en banc decision issued by the United States Court of Appeals for the Eighth Circuit earlier this month, potential relators may think twice before bringing their False Claims Act ("FCA") qui tam suits in the Eighth Circuit. In Rille v. PricewaterhouseCoopers LLP, No. 11-3514 (8th Cir. Oct. 5, 2015), the Court vacated a … Continue Reading
The ...


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Learn how to build a custom work table for your gardening and outdoor chores.
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Black WISH Pacific Skirt by WISH. It is unlined, slightly stretch and opaque. Pacific Skirt by WISH features asymmetrical panels at the yoke as well as an asymmetrical hemline. The women's skirt is high waisted and is loose fitting. Available in light chambray. Style with a tucked in form fitting tank and a pair of nude cork wedges for an effortless summery look. Accessorise with a long silver necklace and silver studs to add a touch of eye candy!
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Home › Forums › BlackBerry News › US Cellular to Offer Free OTA My Contacts Backup on July 30th
This topic contains 4 replies, has 3 voices, and was last updated by DavidB 7 years, 7 months ago.
July 29, 2009 at 7:05 PM #173694
One of our Secret Agents let me know that US Cellular is going to extend their free My Contacts Backup application to smartphones starting July 30th. Right now the service only works for feature (dumb) phones but starting tomorrow it will be available for the 8130 Pearl, 8330 Curve, 8230 Flip, & 8830.
US Cellular users will have free access to the application at mycontactsbackup.uscellular.com starting tomorrow. This is kind of cool since it makes switching devices pretty easy. Especially if you are upgrading from a feature (dumb) phone to a BlackBerry.
Starting tomorrow they will also let you organize your contacts and share them with other US Cellular My Contacts Backup users.
That's a pretty cool service for free! Keep up the good work US Cellular!
Full details after the jump:
Currently U.S. Cellular� smartphones do not offer the My Contacts Backup (MCB) application. By not supporting this application on smartphones, it has created a gap in our ability to utilize our branding proof point along with our advertising and promotional materials.
We are proud to say we will be delivering the value of MCB for the smartphone platform on July 30th. Also, included within this launch, is the new MCB feature of "Contact Sharing" where you can organize and share your contacts with other U.S. Cellular� My Contacts Backup users for FREE still!
How to Download
- The delivery platform of the application is the only change where customers can be directed to the already existing mycontactsbackup.uscellular.com (smartphone link live on July 30th) site where they can just simply enter their phone # and are then sent the SMS download link to their inbox.
- We are positioning MCB onto smartphones as a seamless integration into this platform. The �look & feel� will be nearly identical to a feature phone experience (images, menu options) once downloaded.
Customer Impact
- Customers will now have access to the FREE MCB application on their smartphones.
- Seamless device migration experience. For customers who are on a feature phone, they can easily switch over to a smartphone and transfer contacts.
- For customers who are �not� on a corporate e-mail system like a BES (BlackBerry�) or Microsoft Exchange (Windows Mobile) they now have a contacts back-up solution. This is really appealing for our small business channel.
- The application works in conjunction with other address book synching methods such as Outlook if users wish to use both.
US Cellular to Offer Free OTA My Contacts Backup on July 30thJuly 29, 2009 at 7:05 PM #179271
That is sweet… Except I am on a BES so my contacts are all ready backed up, but anyone with BIS only should be very excited about this. Wonder if other carriers are going to start something similar…
Now if USCC could only get the Tour my mobile life would be complete…July 29, 2009 at 7:41 PM #179272
scuebydueParticipantPosts: 326
Good news KMAN. The Tour is on the rebate form for July 31-November for USCC
@scuebydueJuly 29, 2009 at 11:10 PM #179273
Yeah, I've seen the rebate and your right man, that is good news, but I want it in my hand! VZW and Sprint all have it, get with it USCC!July 30, 2009 at 12:06 AM #179274
DavidBParticipantPosts: 103
I really miss OTA contacts backup from my POS Samsung dumbphone on Verizon. Always baffled me why such a cool capability isn't offered to their smartphone customers. Maybe with US offering it, Verizon will follow suit soon? When I bought my Tour Verizon made me move my contacts from 8830 myself, that's piss poor customer service!
Verizon Bold 9930 work
Verizon Droid Bionic play
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