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The DOJ announced on Friday, June 16, 2017, that it was reversing its position on the validity of class action waivers in arbitration agreements and would file an amicus brief in support of the employer's position in NLRB v. Murphy Oil. I get that a change in administration can bring with it a change in policy, but this is unfortunate in that it overtly politicizes a legal analysis that should at least attempt to be a textual analysis that doesn't depend on which way the wind blows. I suppose Judge Posner has the right of it when he argues that all the supposedly dispassionate judicial reasoning is just a veneer over personal preference and wanting anything as significant as this issue to be decided apolitically is laughably naive. Still, I think the better approach for the DOJ would have been to undertake the equivalent of a noisy withdrawal, officially retracting its position and choosing to take a neutral position in the case.
Briefs on the merits are available in Troester v. Starbucks
Briefing on the merits is complete in Troester v. Starbucks Corporation (S234969). The California Supreme Court granted the Ninth Circuit's request to decide an issue of California law. The issue, taken from the California Supreme Court's Case Summary page is:
Request under California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: Does the federal Fair Labor Standard Act's de minimis doctrine, as stated in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 692 (1946) and Lindow v. United States, 738 F.2d 1057, 1063 (9th Cir. 1984), apply to claims for unpaid wages under California Labor Code sections 510, 1194, and 1197?
If you are interested, I've made the Briefs available here. A new sidebar link will also get you there.
A rest break says what? Vaquero v. Stoneledge Furniture LLC holds that commission-only pay employees must be paid separately for rest periods.
California is the wage and hour gift that keeps on giving. And if you thought every wage and hour question must have been answered by now....well....the naivete is charming. A few weeks ago, in Vaquero v. Stoneledge Furniture LLC (February 28, 2017), the Court of Appeal (Second Appellate District, Division Seven) tackled two new questions related to rest breaks:
Are employees paid on commission entitled to separate compensation for rest periods mandated by state law? If so, do employers who keep track of hours worked, including rest periods, violate this requirement by paying employees a guaranteed minimum hourly rate as an advance on commissions earned in later pay periods?
Slip op., at 2. And how do you think the Court answered these questions? Everyone should pass this test; it's still California we're talking about. The Court said yes to both questions.
The facts are important to the outcome, since this result would not apply to every commission plan. The defendant had two different plans in operation during the class period. The first was described as follows:
After a training period during which new employees received $12.01 per hour, Stoneledge paid sales associates on a commission basis. If a sales associate failed to earn "Minimum Pay" of at least $12.01 per hour in commissions in any pay period, Stoneledge paid the 3 associate a "draw" against "future Advanced Commissions." The commission agreement explained: "The amount of the draw will be deducted from future Advanced Commissions, but an employee will always receive at least $12.01 per hour for every hour worked."
Slip op., at 2-3. Later, the plan was changed:
Effective March 30, 2014, Stoneledge implemented a new commission agreement that pays sales associates a base hourly wage of $10 "for all hours worked." In addition, sales associates can earn various types of incentive payments based on a percentage of sales. Under the new agreement, no portion of a sales associate's base pay is deducted from or credited against incentive payments.
Slip op., at 4. The Court began its analysis by exhaustively setting forth the rest break requirement, the nature of Wage Orders, and the policies underlying California wage and hour laws, beginning with a citation to Augustus. Next, the Court examined whether Wage Order 7 requires separate compensation for rest breaks:
The plain language of Wage Order No. 7 requires employers to count "rest period time" as "hours worked for which there shall be no deduction from wages." (Cal. Code Regs. tit. 8, § 11070, subd. 12(A), italics added.) In Bluford v. Safeway Stores, Inc. (2013) 216 Cal.App.4th 864 the court interpreted this 12 language to require employers to "separately compensate[ ]" employees for rest periods where the employer uses an "activity based compensation system" that does not directly compensate for rest periods. (Id. at p. 872.)
Slip op., at 11-12. After a thorough examination, the Court agreed that the approach in Bluford was correct:
We agree with Bluford that Wage Order No. 7 requires employers to separately compensate employees for rest periods if an employer's compensation plan does not already include a minimum hourly wage for such time. (See Gonzales, supra, 215 Cal.App.4th at pp. 48-49 [concluding that the identical language in Wage Order No. 4 requires employers to separately pay piecerate workers for nonproductive time].) All of the federal courts that have considered this issue of California law have reached a similar conclusion and have held employers must separately compensate employees paid by the piece for nonproductive work hours.
Slip op., at 14. The Court then concluded that the same result applies to commission-pay employees:
The plain language of Wage Order No. 7 covers employees paid by commission. (See Cal. Code Regs. tit. 8, § 11070, subd. 1 [applying to "all persons employed in the mercantile industry whether paid on a time, piece rate, commission, or other basis"]; id. at § 11070, subd. 2(O) ["wages" includes "amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation"].) Where, as here, the language of a wage order is unambiguous, it is dispositive. (Brinker, supra, 53 Cal.4th at p. 1028; see also Gonzales, supra, 215 Cal.App.4th at p. 49 [the wage order "does not allow any variance in its application based on the manner of compensation"].)
Slip op., at 15. The Court explained that commission pay systems and piece rate systems were essentially identical in their treatment of rest breaks:
The commission agreement used by Stoneledge during the class period is analytically indistinguishable from a piece-rate system in that neither allows employees to earn wages during rest periods. Indeed, the purpose of a rest period is to rest, not to work.
Slip op., at 16. After reaching its conclusion, the Court then spent the balance of its discussion disposing of various arguments by the defendant. In one example, the Court rejected that a guaranteed base drawn against future commissions did not pay for rest periods:
For sales associates whose commissions did not exceed the minimum rate in a given week, the company clawed back (by deducting from future paychecks) wages advanced to compensate 23 employees for hours worked, including rest periods. The advances or draws against future commissions were not compensation for rest periods because they were not compensation at all. At best they were interest-free loans. Stoneledge cites no authority for the proposition that a loan for time spent resting is compensation for a rest period. To the contrary, taking back money paid to the employee effectively reduces either rest period compensation or the contractual commission rate, both of which violate California law. (See § 221 [prohibiting employers from collecting or receiving from an employee "any part of wages theretofore paid by said employer"]; § 222 [prohibiting employers from withholding any part of a wage agreed upon]; § 223 [prohibiting employers from "secretly pay[ing] a lower wage while purporting to pay the wage designated by statute or by contract"]; cf. Armenta, supra, 135 Cal.App.4th at p. 323 [averaging wages across pay periods to satisfy minimum wage requirements "effectively reduces [employees'] contractual hourly rate"].)
Slip op., at 22-23. The Court then went through mathematical examples to show that the system in place earlier in the class period did compensate employees differently depending upon whether they took rest breaks or not. If you are paid exclusively on commission, expect to see your compensation system get a tweak in the near future.
E-DISCOVERY: State-by-state resources to set you in the right direction
Quite some time ago, I covered a few e-discovery resources on this blog. You can find that old post here.
I'm adding another to that list (additions being long overdue). This list has an interesting collection of state-by-state links. It might set you in the right direction if you have to deal with e-discovery in a state in which you don't normally practice:
In Mohamed v. Uber Technologies, Inc., the Ninth Circuit adds to the list of decisions severing PAGA claims from claims sent to arbitration
Mohamed v. Uber Technologies, Inc. (9th Cir. Dec. 21, 2016) isn't the first decision to hold, in the face of a motion to compel arbitration in a wage and hour suit, that (1) PAGA claims should be severed from the rest of the claims and proceed in Court, and (2) the arbitrability of all other claims was for an arbitrator to determine. The Court said:
In Iskanian v. CLS Transp. L.A., LLC, 327 P.3d 129 (Cal. 2014), the California Supreme Court held that where "an employment agreement compels the waiver of representative claims under the PAGA, it is contrary to public policy and unenforceable as a matter of state law." Id. at 149. We have held that the Federal Arbitration Act does not preempt this rule. Sakkab v. Luxottica Retail N. Am., Inc., 803 F.3d 425, 427 (9th Cir. 2015).
Slip op., at 21.
California Supreme Court rejects "on duty" or "on call" rest breaks in Augustus v. ABM Security Services, Inc.
The California Supreme Court dropped a pretty big opinion in the wage and hour world today, reversing the Court of Appeal in Augustus v. ABM Security Services, Inc. (Dec. 22, 2016). The Supreme Court specifically waded into the topic of rest breaks, and, specifically, whether an "on call" or "on duty" rest break is ever sufficient. Here's the summary:
We granted review to address two related issues: whether employers are required to permit their employees to take off-duty rest periods under Labor Code section 226.7 and Industrial Welfare Commission (IWC) wage order No. 4-2001 (Cal. Code Regs., tit. 8, § 11040 (Wage Order 4)), and whether employers may require their employees to remain "on call" during rest periods. What we conclude is that state law prohibits on-duty and on-call rest periods. During required rest periods, employers must relieve their employees of all duties and relinquish any control over how employees spend their break time. (See Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1038-1039 (Brinker).)
Slip op., at 1. While this decision won't directly impact most wage and hour cases, given that it is fairly specific to the sort of job circumstances encountered by employees like security guards, it will put a little bit of weight on the scale when rest break claims are up for settlement or certification.
If I can, I will write more about this decision later, but, for now, the first paragraph pretty much summarizes the result.
Roxborough, Pomerance, Nye & Adreani, Drew E. Pomerance, Michael B Adreani, Marina N. Vitek; The Ehrlich Law Firm, Jeffrey Isaac Ehrlich; Initiative Legal Group, Monica Balderrama, G. Arthur Meneses; Scott Cole & Associates, Scott Edward Cole, Matthew R. Bainer; Law Offices of Alvin L Pittman and Alvin L. Pittman were listed as counsel for Plaintiffs and Respondents. Mr. Pomerance argued for Plaintiff. Well done, Drew!
The California Rules of Court require revision or clarification regarding Motions for Preliminary/Final Approval of class action settlements
The California Rules of Court are just bursting with procedural rules designed to operate in conjunction with the Code of Civil Procedure. However, while much effort clearly went into ensuring that the Rules work with each other in a smooth fashion, every now and then the Rules conflict with each other. One area where I find this to be so arises in the context of motion page length when filing motions for preliminary (or final) approval of class action settlements.
As most civil litigation practitioners in California would know off of the of their head, California Rules of Court, rule 3.1113(d) specifies that motions other than summary judgment or summary adjudication motions can be no longer than 15 pages, with 20 pages permitted for the summary adjudication and judgment motions. There are no other listed exceptions in that rule. But California Rules of Court, rule 3.764(c) specifies that any motion seeking certification (or decertification) of a class action can be up to 20 pages in length. Rule 7.764 then says that the remaining provisions of rule 3.1113 apply, apparently meaning that the page limit is intended as an exception to 3.1113. The confusion arises in what is expected by Court ruling on motions for preliminary (or final) approval of class action settlements. Those motions are required to discuss the key settlement terms, the settlement process, why the settlement if fair and adequate, and (and here's the rub), why certification of a settlement class is appropriate. Now, that certification discussion is certainly more streamlined than on contested motion, but Courts still expect at least some discussion of certification requisites. So, which page limit applies? Is it 15 pages, or 20 pages, given that motions for preliminary (or final) approval of class action settlements discuss certification of a settlement class?
Court of Appeal examines "economic injury" and "causation" under the UCL in Veera v. Banana Republic, LLC
Very briefly, I direct your attention to Veera v. Banana Repulic, LLC (December 15, 2016), decided by the California Court of Appeal (Second Appellate District, Division Four). In Veera, the Court examined the evidence necessary to create a triable issue of fact as to whether an advertisement of a sale resulted in an actionable economic injury caused by an unfair business practice.
The plaintiffs alleged that signs in Banana Republic store windows advertising a 40 percent off sale were false or misleading because they did not state that the discount applied only to certain items. The plaintiffs introduced evidence indicating that, in reliance on the allegedly false advertising, they were induced to shop at certain Banana Republic stores and selected various items for purchase at the advertised discount. However, as the items were being rung up at the cash register, they were told for the first time that the advertised discount did not apply to their chosen merchandise. The plaintiffs claimed that, after waiting in line to purchase the selected items, and due to frustration and embarrassment, they just bought some of the items they chose even though the discount did not apply. Applying Kwikset, the Court of Appeal concluded that this evidence was sufficient to create a triable issue and defeat summary judgment.
One Justice dissented in the result. The dissent raises the interesting question of whether lost opportunity costs and time are sufficient to create injury under the UCL and/or the FAL.
Appellants were represented by Jones, Bell, Abbott, Fleming & Fitzgerald, William M. Turner, Asha Dhillon; Grignon Law Firm, Anne M. Grignon and Margaret M. Grignon.
Lubin v. The Wackenhut Corporation tackles Wal-mart Stores, Inc. v. Dukes, Brinker, and decertification
This opinion is like Christmas and Hanukkah, sitting in an Easter Basket filled with Valentine's Day treats. And I overlooked it for two weeks! In Lubin v. The Wackenhut Corporation, the Court of Appeal (Second Appellate District, Division Four) gets deep into the wage and hour weeds in 50-page opinion that is overflowing with interesting bits. Here's the summary of how the matter ended up before the Court of Appeal:
Appellants Nivida Lubin, Sylvia M. Maresca, and Kevin Denton (together plaintiffs) filed this action on behalf of themselves and similarly situated persons, alleging defendant and respondent The Wackenhut Corporation (Wackenhut) violated California labor laws by failing to provide employees with off-duty meal and rest breaks and by providing inadequate wage statements. The trial court initially granted plaintiffs' motion for class certification. However, as the case approached trial, the United States Supreme Court reversed a grant of class certification in Wal-Mart Stores, Inc. v. Dukes (2011) 564 U.S. 338 (Wal-Mart). Relying on Wal-Mart, Wackenhut moved for decertification. The trial court granted the motion.
Slip op., at 2.
I don't have time to try and summarize this monster opinion at the moment, but it is a must read. The Court spends a lot of time explaining why Wal-Mart is not applicable to wage and hour certification questions, notes that the Supreme Court, which decided Wal-Mart, held this year in Tyson Foods, Inc. v. Bouaphakeo, ___ U.S. ___, ___, 136 S.Ct. 1036, 1048 (2016) that statistical evidence is appropriately used in class actions, spends a substantial amount of time applying Brinker and the cases that followed to explain that variations in rates of missed meal and rest breaks, when certified based on an unlawful policy or procedure, is a damages issue, not a predominance question, and lots, lots, more!
Weinberg, Roger & Rosenfeld, Emily P. Rich, Theodore Franklin, Manuel A. Boigues; Posner & Rosen, Howard Z. Rosen, Jason C. Marsili, Brianna M. Primozic; James R. Hawkings, James R. Hawkings, and Gregory E. Mauro, represented the successful Plaintiffs and Appellants on appeal.
Morris v. Ernst & Young, LLP update
For those of you who recognized that the Ninth Circuit got it 100% right when it found in Morris v. Ernst & Young, LLP (9th Cir. Aug. 22, 2016) that an arbitration agreement that precludes collective actions violates rights protected by the NLRA, you may wish to know where things stand with that case on further appeal. Right now, Morris is before the U.S. Supreme Court on a Petition for Writ of Certiorari. Here is the Docket report:
- Sep 8 2016: Petition for a writ of certiorari filed. (Response due October 11, 2016)
- Sep 21 2016: Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
- Sep 29 2016: Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents
- Oct 3 2016: Brief amici curiae of National Association of Manufacturers, et al. filed. VIDED.
- Oct 3 2016: Brief amicus curiae of Chamber of Commerce of the United States filed.
- Oct 6 2016: Order extending time to file response to petition to and including November 14, 2016.
- Oct 7 2016: Brief amicus curiae of International Association of Defense Counsel filed.
- Oct 10 2016: Brief amicus curiae of Atlantic Legal Foundation filed.
- Oct 11 2016: Brief amicus curiae of The Employers Group filed.
- Oct 11 2016: Brief amicus curiae of The Retail Litigation Center, Inc. filed.
- Oct 11 2016: Brief amicus curiae of The Business Roundtable filed.
- Oct 11 2016: Brief amicus curiae of New England Legal Foundation filed.
- Nov 15 2016: Order further extending time to file response to petition to and including November 21, 2016.
- Nov 21 2016: Brief of respondents Stephen Morris, et al. in opposition filed.
Just look at those busy amicus filers. I bet all those employers are telling the Supreme Court that the world would end in fire and death if they couldn't block class actions for wage and hour violations with arbitration agreements that employees have to sign to work.


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Dynamic Hidden Objects - Playground Edition game
Hidden Objects game based around finding objects in a Playground. Dynamic Levels, so everytime you load a level, the objects location change. Has both timed and unitmed modes. Objects are hidden in the scene. An outline of the object to be found is show in a column to the bottom. Find 10 objects to unlock the next level. 3 Lives to play. 3 Levels in the game. Each level gives you additional points for every correct click. Incorrect clicks give a fixed penalty. Amount of time is fixed for the entire game. So it becomes truly challenging. Play as much as you like. 3 fun levels of hidden objects. Try to get the best score. We can customize any aspect of the game for you. We have a full development team here. Created using Mochi Social. Two main features: 1. Invite Friends - Once game is approved by Mochi. Your players can invite their friends by posting in game invites to twitter, myspace or facebook. 2. Share updates with friends. Hope you enjoy this game as much as we have.
Dynamic Hidden Objects - Playground Edition, play free Puzzle games, related games and updates online. Added on
Author: bigleaphr 35
Here are some more related games in Puzzle category. Also you can jump to other category using box above.
Related games
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subset: commoncrawl


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Colorful running socks with, designed with advanced moisture management, breathable Performance Mesh, and air channel cushioning.
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Candax Energy Inc. announced that its multi-well workover campaign on its Ezzaouia field is complete. In addition, the Company announced that the installation of a higher capacity compressor on its El Bibane field has been fully commissioned.
Highlights of the Ezzaouia workover campaign are as follows:
◾ The workover campaign, which included wells EZZ-1, EZZ-17, EZZ-2, EZZ-18 and EZZ-9, saw the conversion of the extraction methodology from jet pump to beam pump;
◾ All wells are producing with the exception of EZZ-9, which will be fitted with a beam pump once equipment arrives in May; and
◾ Production on the Ezzaouia field is now at approximately 650 bopd and is expected to rise to above 750 bopd once EZZ-9 is brought on line in.
Candax Energy Inc.
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Paul Walker fans have been heading to Valencia, CA in droves ... building out a massive vigil for the actor on the spot where he died. Fans began to gather literally hours after the fatal crash on Saturday evening ... and by Sunday night, the memorial had grown exponentially ... with hundreds of flowers, candles, photos trinkets and letters. TMZ previously reported that Walker's "Fast and the Furious" co-star Tyrese Gibson visited the crash scene yesterday ...
|Paul Walker -- Death Vigil Grows ... Hundreds Of People Visit Fatal Crash Scene
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January In Photos | Sydney Lifestyle Photographer
2017 is well and truly underway…
And this year is certainly going to be different from the last! Here in the Snappystreet household we are all systems go for preparations to meet the newest addition in June. We are also settling in to our new home and suburb of Sydney, so we've been spending a lot of time exploring our new local area which is always a lot of fun.
It has been a significant lifestyle change for us, moving from the inner city to the relaxed location of the Northern Beaches. Life is just that little bit slower paced, there is more space and nothing beats ocean strolls and sandy feet. I really feel like we have made the best decision as we get ready to welcome a new member to the family – what a place to grow up!
The ever-growing baby bump!
It's hard to believe how quickly the time has gone so far. Pregnancy certainly brings with it good days and bad days, but overall we are just so excited for what the future brings. We're enjoying every moment we see him ultrasounds, hear his tiny heartbeat and now I've even started to feel movements. I am looking forward to the day that they're strong enough for everyone else to feel too, that will be a special day!
Ladies Who Lunch – Nour, Surry Hills
Every quarter, a group of us always try and arrange a beautiful lunch and get together usually venturing to a new restaurant or bar and spend the afternoon enjoying delicious food, wine and lots of laughter. Things are slowly changing over time, with many of us already becoming mothers (or mothers to be) so it is nice chance for us all to dress up and indulge in a little 'me time'!
Nour was a fantastic choice, the food was excellent and the decor just beautiful. I can't wait to see where we all pick for the next ladies who lunch installment.
The Baby Bump Continues to grow…
Having officially hit the halfway mark, it's hard to imagine in roughly 20 weeks time we will be welcoming our new little baby boy to the world.
I am trying to treasure these moments of pregnancy (let me tell you some days are easier than others!) as it will be gone in the blink of an eye. Preparations are underway for the nursery, classes are being booked in all the while trying to slow down and listen to my body. I never knew you could be SO tired! Although I'm guessing I'm about to learn a whole new level of tired once this little man does arrive.
Looking ahead to February…
I seem to have surrounded myself with fellow Aquarians so it is a month of birthdays for me – including my own! With many celebrations to enjoy, and Valentine's Day thrown in to the mix as well as a friends wedding it is going to make for a busy month socially.
I also have a few jobs already booked in for February too, which I will be very excited to share once complete! There is a lot happening for the first half of 2017, but I am so grateful to do it all.
What about you?
What are some of your highlights from January?
[…] Missed last months? January In Photos […]


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The trend that I absolutely will never tire of and am so happy to see everywhere in this months Hair trade magazines – across the board – was the Krazy Kolor application. You know…. those bright – almost comical – bold hair colors that have been around for over 20 years. The first time they came out was right when I was winding my way through Sassoon Hair Academy, all the instructors were just giddy about using them - - as was I. I would have bet a lot of money they would only be around for a little while. See what I know ? ? ? Nothing. I actually love the unique-ness of the color – and the many various methods of application as you can see by the enclosed photos (from this months MODERN SALON mag)
I can't say I would ever use this exact technique as so many Stylists try "too hard" and "FOR ME" that method can be deadly. I feel you want to see the individual Kolors to make it an effective application. . .but art is a funny thing….there really is no "right"……………and no "wrong". The interpretation is in the observer. . . . just like a painting on the wall. In hair the Interpretation is in the Client and the Colorist's Point of View – if that is the case – Again………there is no RIGHT and no WRONG. Only opinions. Now, what do you all think of this Krazy Kolor application? Please submit your feelings on this below on the suggestion areas.To me, this is a desperate attempt to "be different" the girl looks like a person who would never wear Krazy Kolors to begin with . . therefore, setting that one issue aside the application to me does not 'flow'. There is a unique method of applying K.K.'s so they blend & don't look as though your 5 year old applied it. It depends on the length of hair, the color, the cut, and how crazy one wants the look to be. There are 2 ways to use Krazy Kolors ………….either bleach out the hair pieces you want to color first, that way the base is white….having the base white…..will make any of the krazy kolors you choose to use so vivid you need sunglasses!
In the photo above my bet is they have applied the KK on top of pre-colored hair as it is not SUPER bright. It also depends on the brand. Which is what I would also like to point out. . .I made a huge mistake and was carrying Paul Mitchells line of Krazy Kolors . . called INKWORKS . . . UNTIL>……… I finally broke a couple out to test them on our Staffer Cassy and was just floored at how poor they worked. . . Within 24 hours I had trashed all of them and returned to the best line next to Renbow. . . and that line is FUDGE. Some of the lines I want to carry are just not very easy to acquire. . . usually they are from a foreign country - - for some reason the Europeans & Aussies are ahead of the USA's technology and produce a better product. To me the extra effort is worth the quality.
I have to apologize, I finally had a chance to use the Paul Mitchell KRAZY KOLORS we were carrying and I MUST be honest and tell you I had never tried them. Renbow had been discontinued - and my mentor ( from Vidal Sassoon) had moved to Paul Mitchell and was designing their new color line. I truly felt they would be fine, as she was my mentor and she had taught me everything I knew about Krazy Kolors.. She was the head of color for Sassoon those last 2 years….But, sadly that was a serious mistake. I recently tried them on a staffer and was horrified. Absolutely horrified. They just didn't have any color to them . . . they were a waste of time to apply and that is not what we are about here at Killerstrands. I like to think we are about perfection and the best of the best. Now that we have FUDGE 's Krazy Kolor Line called PAINT BOX I can sleep much more peacefully.
Pravanas line is pretty much PERMANENT Crazy Colors and the thought of that still makes my skin crawl.... So it hit me. . . what was I using when I was forced to retire? ........FUDGE. After a lot of calls - - I had found a *USA distributor , and can proudly say they are now available to you... for information on the trick to making PASTELS, just enter your request in the box at check out.
Fudge Paintbox - Go hard or go home for a total color transformation. Paintbox Semi-Permanent Hair Color electrifies dull, boring hair that lasts for 3 to 30 washes.
- Fudge Paintbox provides vibrant, dramatic results on pre-lightened hair
- Fudge Paintbox provides more subtle tones on natural hair
- Fudge Paintbox conditions as it colors, giving the hair increased shine and luster
- No ammonia, no peroxide, no lift. Make a statement with Fudge Paintbox.
So, with these ideas. . . and lots more posted about 10 Posts ago . . . come up with a way of just applying a whisp of Pink or a block of Green as you see here. . .How gorgeous are these and they DO wash out . . . there is a simple trick for removing them completely ( no not VANISH – VANISH is made ONLY for oxidative hair color – which means PERMANENT hair color)……….With your order, ON REQUEST we will enclose the slip of KC Directions which include 3 of her secrets . . . .
- the Best way to make PASTEL Krazy Kolors out of FUDGE Paint Box Krazy Kolors (not possible with Pravana)
- how to remove Fudge Paint Box Krazy Kolors – clean,clear and healthy method
- how to apply FUDGE Krazy Kolors using the best and most healthy for the hair method
which I am proud to present . . . and I want those of you that have never ever had a little whisp of a Krazy Kolor to consider applying one to yourself. I mean for a very reasonable price you can purchase the color & Kit to apply to your own hair. Just put a bit of purple whisp in your fringe(bangs) – or Green if you have dark hair…..how much fun would that be? I don't care if you live in po-dunk Iowa or Washington DC . . . it doesn't matter. Liberate yourself. . . so many of you have gotten tattoos I feel this is even a better method of artwork on the human body. Nothing could be more personal than your hair. The best part about this artwork? It comes completely out and you can change your color AND design as many times as you want. So go ahead give it a shot. You have nothing to lose and everything - - EVERYTHING to gain . . .
Be sure to use IN-TENSIVE after every application of FUDGE PAINT BOX COLORS.
Killer Chemist


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It is rare for the longevity of a fund manager to present a limitation to investors' returns. Take Tim Stevenson, the manager of Henderson EuroTrust plc, who has been at the helm of the fund for more than 20 years. Under his stewardship, investors will have found little reason to complain as Mr Stevenson boasts an impressive long-term performance record. Indeed, under his tenure, the investment trust has returned a remarkable 1,400 per cent since its launch in 1992.
Over such prolonged periods, fund managers will inevitably face a variety of challenges. For many, the current battle is Europe whose problems are rarely out of the headlines. As I write, attention has turned to Cyprus as unassuming deposit holders risk losing a percentage of their savings in order to bail out the country and remedy the mistakes of politicians and bankers.
Worryingly, if such a precedent is set, a similar call to action could spread to other southern Mediterranean countries. It is hardly a deal for putting some faith back into the banking system.
Prior to the Cypriots creating headlines, the Italian election came to the fore, triggering another setback. According to Mr Stevenson, there needs to be a change in tack from Germany in terms of its demands. In the meantime, while further setbacks arise, he will not be cutting the fund's level of gearing as he expects such setbacks to be relatively short term. In other words, he is in "buy-into-weakness" mode.
While private investors have tended to shun Europe, the trust now stands at a 8 per cent discount to net asset value. In some respects, it comes as a surprise this spread is not wider given the extent of the Europe's problems. Though, as I point out – not for the first time – the European economy and its stock market are not one and the same. For one thing, European companies have proved particularly successful in acting as a gateway to the world. Famous names such as BMW have a global footprint, and their overseas operations dwarf their domestic business. Many of these companies are still expanding outside their domestic markets and European companies are among the principal beneficiaries of growing wealth in emerging markets.
From an economic viewpoint, we should expect low growth for years to come. Mr Stevenson's aim "is to invest in companies that are part of the solution" and he seeks companies with real potential for growth. At present, his largest holding is in Deutsche Post, the courier firm, which continues to benefit from the growth of internet shopping in addition to increasing exposure to Asian consumers.
It is also an example of how a company's domicile is relatively immaterial in comparison to revenues generated outside Europe. This is something many private investors miss completely. The trust also has holdings in financial companies such as Zurich Life and UBS, where Mr Stevenson has noticed a significant increase in private savings.
Software company, SAP, has also boosted performance. Only a few years ago, it was trading at a discount to arch-rival Oracle, but now trades at a significant premium to it.
Having recently met Mr Stevenson, he was keen to point out the strong, well-resourced European team based at Henderson. The team includes a number of well-known names in the industry such as Richard Pease and John Bennett. While the trust is very much his own fund, with the freedom to invest as he wishes, having such analytical input is a fantastic resource.
Henderson EuroTrust plc is a mid-cap orientated portfolio of top-quality companies, concentrated with only 55 holdings. With an emphasis on quality, increased investor risk appetite could leave the fund lagging its peers, which it has done so over recent months. I would argue that quality always comes through in the end and, therefore, this is the type of fund investors should be looking to buy and hold for the long term.
In my view, the trust's only downfall is its performance fee. However, it is noticeable the boards of many investment trusts are reconsidering their fee structure as more competition breaks out. I would prefer a more conventional annual management charge which aligns the fund manager and the investor alike. Nevertheless, in my opinion, this is a quality offering ran by an experienced fund manager with the backing of a superb team.
Mark Dampier is head of research at Hargreaves Lansdown, the asset manager, financial advisor and stockbroker. For more details about the funds included in this column, visit www.hl.co.uk/independent
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By Mrs. Michelle Milliner (RDECOM)February 29, 2008
WASHINGTON, D.C. - The U.S. Army Simulation and Training Technology Center participated with members of the Program Executive Office for Simulation, Training and Instrumentation in the annual PEO STRI Capitol Hill Demonstration in Washington, D.C., in early February.
The goal of the annual trip was to educate members of Congress and their staffs on the Army's research, development, training, simulation and testing capabilities. Visitors have the unique opportunity to touch, feel and try-out both fielded Army systems as well as projects under research and development.
Bleeding from extremity wounds is the number one cause of preventable death on the battlefield, which is why the STTC chose to demonstrate a prototype tourniquet trainer that will revolutionize current techniques used by combat medics and Soldiers.
The HapMed mannequin arm provides stand-alone, hands-on skills training in which trainees can experience the actual torque required to staunch bleeding from an extremity wound and be timed on tourniquet application. Sensors within the arm gauge the amount of pressure being applied, and as the tourniquet is tightened, LED lights on the arm indicate to the trainee that the bleeding is being slowed by the tourniquet.
When the trainee has tightened the tourniquet enough, per amount of torque needed on an actual human, the lights indicate to him that he has successfully stopped the bleeding. If the tourniquet is loosened (as can happen during transport), the "bleeding" will begin again.
Currently, tourniquet training lacks the much needed realism as application is often simulated using a block of wood as a limb. The HapMed tourniquet provides critical training realism to fill that training gap.
The HapMed arm can be augmented with the use of a handheld personal digital assistant, better known as a PDA. The HapMed PDA provides a portable and intuitive interface to specify training scenario parameters such as wound location, casualty size, and whether the wound will require more than one tourniquet---these are all distinctions a Soldier needs to know when applying a tourniquet in combat. The PDA also provides performance feedback to trainees on timing, whether the tourniquet is in the correct location, casualty status and the amount of torque being applied. The PDA can be used by an instructor to control one or several mannequin arms either in the classroom or in the field for training.
Additionally, research is currently being conducted to add game-based training to HapMed. The game will provide trainees the opportunity to practice battlefield decision making and acquire the knowledge foundation that underlies effective action. Because the mannequin arm is completely wireless and has the ability to transmit data using Bluetooth technology, interactions with the arm will translate in real-time on the game, adding a new level to training.
HapMed is being developed for the U.S. Army Medical Department Center and School at Fort Sam Houston in San Antonio in partnership with STTC as part of a Small Business Innovative Research Project. A prototype of the HapMed game-based training is expected in early 2008. The HapMed research and development is being led by the STTC, along with the University of Central Florida's Institute for Simulation and Training and CHI Systems Inc.


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Raphael Morino thought he was done for with all his debts and bills. He couldn't keep track of his finances any longer. Santiago Figueroa offers to come over and give his accounting services to the cute twink. He breathes a sigh of relief, but knows he won't be able to pay the accounting fees. Luckily Santiago will take payment in kind, and Raphael offers up his ass to the handsome stud, who rims and fucks him over the table.


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As much as Dan Dierdorf attempted to make excuse after excuse for the Colts, the Vikings found a way to hand the game to the growing infirmary report known as the Indianapolis Colts. Throughout the entire game, viewers were subjected to hearing over and over again how detrimental it was for the Colts to be without center Jeff Saturday and tight end Dallas Clark. So why is it that we only heard about the injuries and missing players from the Colts? The home team Vikings had a couple of rather important pieces missing as well. Safety Madieu Williams missed his second game due to a nagging neck injury, forcing the Vikings to start a rookie in his place once again. On the other side of the ball the Vikings were without LT Byannt McKinnie, serving game two of his four game suspension for trouncing a bouncer over the head with a rope stantion. In his place was Artis Hicks, who by all accounts could have not played due to injury so he was nowhere near 100%. So Dan, the next time you try making excuses for the darling network favorite throughout a game, try to at least acknowledge the other team's ailments, and you might want to make sure it's not against a team that's going to blow a fourth quarter lead.
Jackson is not ready; neither is Childress
Tarvaris Jackson is taking a lot of heat for his play so far in his young career. Anyone that watched the game heard the chorus of boo's in the Metrodome after incomplete passes and bad decision making with his feet. At no time has Jackson shown any kind of leadership quality while on the field or the sideline. Sure he's had some misfortune with bone-headed receiver play (Williamson, Berrian, Shiancoe), but when it comes down to it, he's just not ready to be a leader for an offense that desperately needs one. Despite all the inadequacies at QB, the supposed leader holding this team back right now is the head coach, Brad Childress. Not only did he place all of his eggs in one basket with Jackson, he also fails on every level when it comes to making proper in-game decisions. Childress has been with this team long enough to warrant a firing after the first two games. It's not going to happen, but it should. Wilf should do what it takes to bring a winner back to Minnesota, something he needs during his push for a new stadium. Fire Chilly, hire a coach like Cower, and pursue Jeff Garcia and try to salvage this season. While it's improbable for someone like Cower to take over a team part way into a season, I could see at least promoting Leslie Frazier to change things up. This team has loads of talent, but it has the wrong personnel in place to lead it.
Peterson destined to be the next Barry Sanders?
We already know he can run and move like Barry, but he could end up following in Sanders' infamy as well. If Zygi refuses to fire Childress, Peterson will be subjected to being the only playmaker worthy of moving the ball in this offense. He will get over worked and become frustrated. This is exactly what happened to Sanders, a great player that just got tired of losing and destroying his body in the process. Peterson had another remarkable day on Sunday and was responsible for the Vikings 15 points. This team cannot count on him to break the big one and reach the end zone every game. If Jackson refuses to be the leader in the huddle, Peterson needs to step into this role and I don't doubt for one second that he won't.
Don't blame the Defense for this one
Even though the fourth quarter looked like a defensive breakdown, I don't think it's fair to place the blame on them at all. They played outstanding football and kept Manning in check for nearly three quarters before Gonzales barley snuck by the secondary and took a page out of Randy Moss' book with the last second lateral. Last week I said it was time for Allen to shut his mouth and play football, and he did just that this week. Even though he only had one sack, he was in Manning's face all day and put some pads on him several times throughout the game. The other defensive star was EJ Henderson who is on a quest for the Pro Bowl this year, and will get it should he continue to play the way he is so far this year. Had the offense actually punched one or two into the end zone, this game would have never came down to a Manning comeback and the defense wouldn't have become so winded down the stretch.
Doesn't get any easier
The schedule gods were not pleasant to the Vikings this year. If it wasn't bad enough to start the season 0-2, the Vikings must now face a re-emerging Panthers team, followed by a road trip to Tennessee against one of the best defenses in the game. They then find themselves under the Monday Night lights in New Orleans. I know I may have jumped the gun about firing Childress only two games into the season, but should the Vikings end up 0-5 and Zygi still not make a move, I think it's a clear indication that this team will not be in Minnesota after the Metrodome lease ends in 2011.
A bit too much of the doom and gloom in this week's PPP, but that could be remedied with a solid win against the Cats next Sunday.
Keith Michaels


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Robert is an old hermit who appears in the video game Dragon Ball Z: The Legacy of Goku II. He is very similar to both Master Roshi and Mr. Lao.
Robert has been living in the Warlord's Domain with his dog for 30 years, studying martial arts. One day, he confronts and defeats the Warlord because his henchmen were making too much noise in the forest. Later, he learns that Mr. Satan is taking credit for what he did, so he steals the key to West City that was meant for Mr. Satan and puts it in a cave in the wilderness that he protected with a magic charm.
At the West City Mayor's request, Gohan and Piccolo follow Robert through the Warlord's Domain to retrieve the key. Robert gives the key back, and reveals to them that he is the one who really defeated the Warlord, not Mr. Satan. Back at the ceremony, they try to reveal the truth to the mayor of West City, but they are interrupted by Mr. Satan who says he has to be on an airplane back to Orange Star City in 15 minutes.


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Download the Game Design and Indie Game Marketing Freebook 07/19/17GameDev.net and CRC Press have teamed up to bring a free ebook of content curated from top titles published by CRC Press. The freebook, Practices of Game Design & Indie Game Marketing, includes chapters from The Art of Game Design: A Book of Lenses, A Practical Guide to Indie Game Marketing, and An Architectural Approach to Level Design. The GameDev.net FreeBook is relevant to game designers, developers, and those interested in learning more about the challenges in game development. We know game development can be a tough discipline and business, so we picked several chapters from CRC Press titles that we thought would be of interest to you, the GameDev.net audience, in your journey to design, develop, and market your next game. The free ebook is available through CRC Press by clicking here. The Curated Books The Art of Game Design: A Book of Lenses, Second Edition, by Jesse Schell Presents 100+ sets of questions, or different lenses, for viewing a game's design, encompassing diverse fields such as psychology, architecture, music, film, software engineering, theme park design, mathematics, anthropology, and more. Written by one of the world's top game designers, this book describes the deepest and most fundamental principles of game design, demonstrating how tactics used in board, card, and athletic games also work in video games. It provides practical instruction on creating world-class games that will be played again and again. View it here. A Practical Guide to Indie Game Marketing, by Joel Dreskin Marketing is an essential but too frequently overlooked or minimized component of the release plan for indie games. A Practical Guide to Indie Game Marketing provides you with the tools needed to build visibility and sell your indie games. With special focus on those developers with small budgets and limited staff and resources, this book is packed with tangible recommendations and techniques that you can put to use immediately. As a seasoned professional of the indie game arena, author Joel Dreskin gives you insight into practical, real-world experiences of marketing numerous successful games and also provides stories of the failures. View it here. An Architectural Approach to Level Design This is one of the first books to integrate architectural and spatial design theory with the field of level design. The book presents architectural techniques and theories for level designers to use in their own work. It connects architecture and level design in different ways that address the practical elements of how designers construct space and the experiential elements of how and why humans interact with this space. Throughout the text, readers learn skills for spatial layout, evoking emotion through gamespaces, and creating better levels through architectural theory. View it here. Learn more and download the ebook by clicking here. Did you know? GameDev.net and CRC Press also recently teamed up to bring GDNet+ Members up to a 20% discount on all CRC Press books. Learn more about this and other benefits here.
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iAmCodeMonkey replied to Hodgman's topic in Coding HorrorsThis person speaks the toof... er, truth. EDIT: Well, except the NSA and\or FBI, that is. And on the topic at hand, that looks both ridiculously stupid and hilarious at the same time. It does remind me of lolcode quite a bit. :D
iAmCodeMonkey replied to Cornstalks's topic in Coding HorrorsWow lol As funny as that was, that is the SOLE reason why I never use macros.
iAmCodeMonkey replied to Nercury's topic in Coding Horrorsint l,dijk=di+nx*(dj+oy*dk),dijkl,dijkr,ima=step_div(dk-ez,nz); int qj=dj+step_int(-ima*byz*ysp),qjdiv=step_div(qj-ey,ny); int qi=di+step_int((-ima*bxz-qjdiv*bxy)*xsp),qidiv=step_div(qi,nx); int fi=qi-qidiv*nx,fj=qj-qjdiv*ny,fijk=fi+nx*(fj+oy*(dk-ima*nz)),fijk2; double disy=ima*byz+qjdiv*by,switchy=(dj-ey)*boxy-ima*byz-qjdiv*by; double disx=ima*bxz+qjdiv*bxy+qidiv*bx,switchx=di*boxx-ima*bxz-qjdiv*bxy-qidiv*bx; double switchx2,disxl,disxr,disx2,disxr2; WTF?! I have never seen something so bad in my life when it came to horrid variable names and completely unreadable code. Seriously.
iAmCodeMonkey replied to Waterlimon's topic in Coding HorrorsWow lol
iAmCodeMonkey replied to Bluefirehawk's topic in Game Design and Theory[quote name='Daaark' timestamp='1348198837' post='4982226'] Just look at all of Acclaim's games. Every single aspect of them was HORRIBLE. Horrible, uneven graphics. Horrible motion captured animations. Horrible sound. It was always all over the place, and either too low, or blowing out your speakers. Horrible collision detection. Horrible AI. The save systems were so clunky they looked like they were pasted out of the tutorial section of their platform SDKs. The took bad ideas, spent all the budget on a license, and then rushed a clunky, half baked, idea out in 6 months. [/quote] I could say the same things about any game from Capstone Software/Intracorp Entertainment...
iAmCodeMonkey replied to Soap360's topic in Games Business and Law[quote name='Joe P' timestamp='1312815161' post='4846190'] Well that's a totally different thing. Your first post made it sound like it was law vs. A small game studio independently. Computer science is not game development... its not even truly programming at heart. Its theory, math, logic, etc... being implemented through programming. A regular non game related programming job is decently secure and the pay is good more times than not. In the end its what you're passionate about. Sitting at a desk writing code for 8 hours a day can be a drag if you don't truly enjoy it. Chances are that if you have to ask... its not your passion. You really need to think about it. College degrees aren't cheap. [/quote] Yup, I agree with that statement.
iAmCodeMonkey posted a topic in General and Gameplay Programming[font="Times New Roman"]Mods please delete thread. I fixed the problem. [/font]
iAmCodeMonkey replied to iAmCodeMonkey's topic in General and Gameplay ProgrammingHere is a snippet of my level loading code, to show how I populate the asteroid vector... /* look for enemy\other entities and get their offsets */ while ( (inputFile.eof() != true) ) { inputFile >> entityName; /* get the total number of entites in the file, and move to the next line */ if ( (entityName == "AMOUNT") ) { inputFile >> amount; numberOfEntities = amount; inputFile.ignore(); } /* end if */ /* look for asteroids */ if ( (entityName == "asteroid") ) { /* load sprite image and get offsets */ asteroidFrames = image.imageLoader(asteroidBMP); inputFile >> offset_X >> offset_Y; /* add entity to container for storage and assign offsets */ asteroids.push_back(new asteroid()); asteroids[count]->set_X(offset_X); asteroids[count]->set_Y(offset_Y); /* make sure count is equal to amount specified */ if ( (count == amount) ) { break; } /* end if */ /* go to the next line and increment counter */ inputFile.ignore(); count++; /* should say ++ at the end */ } /* end if */ } /* end while */ Here is a small snippet of my asteroid AI code, to show where my global entity counter (int numberOfEntities) is used... /* if asteroid health is zero, destroy it */ if ( (asteroidHealth == NULL) ) { audio.playSoundFX(2, explosionSound, 0); isCreated = false; /* do not render bullets */ isAlive = false; isDestroyed = true; numberOfEntities--; bulletRef.setCollisionBox_X(-LEVEL_WIDTH); playerScore = (playerScore + ASTEROID_POINT); enemyKillCount++; /* should say ++ at the end */ } /* end if */ Here is a snippet of my checkStatus() method, used to see if the player is dead\run out of lives, and if the enemies have been destroyed... /* have all of the enemies been dispatched? */ if ( (numberOfEntities == NULL) ) { /* if so, go to the next level */ SDL_Delay(100); audio.stopMusicTrack(); setNextState(END_LEVEL_STATE); } /* end if */ Wish me luck on finding the root cause! :D -CodeMonkey
iAmCodeMonkey posted a topic in General and Gameplay ProgrammingHey! I have encountered a slight bug in my game code, and I want some suggestions on how to track down the cause... I am loading in my level data from a text file with this format: AMOUNT 12 asteroid 600 400 asteroid 1400 200 asteroid 1000 600 asteroid 1600 600 asteroid 1400 600 asteroid 1200 200 asteroid 1600 400 asteroid 400 200 asteroid 200 300 asteroid 400 600 asteroid 1100 300 asteroid 1500 300 ... where AMOUNT denotes that the total amount of entities for the level is beside that marker, and below that is the entity name and the x\y co-ordinates for each instance. The problem that I am having is that my code does not seem to be rendering all of the entities in the file, after having loaded them into an STL vector. I am keeping track of the number of entities killed by the player, and I decrement that value each time an asteroid gets destroyed. But the number being rendered on screen, the amount\number specified in the text file, and the entity counter do not match up. For example, I had 12 asteroids in the file to start off with, and after I killed them all, my entity counter was at 4... where did the other entities go??? -CodeMonkey
iAmCodeMonkey replied to iAmCodeMonkey's topic in Engines and Middlewarethanks for the feedback, AND the warning. lol I shall change my "company" name to something else in the future before release.
iAmCodeMonkey posted a topic in Engines and MiddlewareHere are some screen shots of my first game in progress. Made using plain-old C++ and SDL + Extensions. Please let me know what you think... Episode One will come ASAP. I have software engineering in college to focus on right now, lol.
iAmCodeMonkey replied to Soap360's topic in For BeginnersQuote:Original post by Zahlman Quote:Original post by Soap360 I've finally got every concept down on C++. No, you haven't. If you were even close to that mark, you wouldn't be asking for help here. There is much, much more to C++ than you imagine. ^^ Heed this advice.
iAmCodeMonkey posted a topic in General and Gameplay ProgrammingI now have my player starting point being loaded from a text file(:O!), and I want to know what is the best way to handle more than one instance of the same enemy type in a 2D map? Now, my game is not going to be tile based, rather, I would like to extend my engine to include scrolling aka Lazy Foo Tutorial #21, and have a set exit point as a class that can make collisions with the player at the end of a level, with the various enemies being spawned at specific x/y points on the map. Would storing the enemy classes in a vector be a good choice? Some code examples would help, as well.
iAmCodeMonkey replied to iAmCodeMonkey's topic in Engines and MiddlewareQuote:Original post by Storyyeller Personally, I hardcoded all my level data. I know it's a bad idea, but when you're a beginner, and you are making up the game as you go along, you can't really decide on a fixed level representation. In my case, it's especially hard, because my levels are sometimes completely different genres, so there's no obvious common format to use. However, if you know in advance how your levels are going to look, you should definitely use external storage. I will keep that in mind for future games.
iAmCodeMonkey replied to iAmCodeMonkey's topic in Engines and MiddlewareI am the OP, and I have just thought of a file format for my levels in my up-and-coming game... Basically, the "levels" (6 per episode) would be separate text files in a directory related to the episode number (3 episodes), and each file would have the format below... playerShip 160 160 enemyOne 480 280 enemyTwo 260 480 and so on... where the names are strings representing the objects in the game (i.e the player, the enemies, the debris, the asteroids), and the numbers are the x\y co-ordinates of said objects. I looked over Lazy-Foos tutorial for Game Saves, and tried to implement something similar in my code. Unfortunately, the level loader that I made did almost nothing, and when I tried to exit my game loop, my program crashed. lol XD :D My program also uses the idea of game states being separate classes all inherit from a game state base class with overridden event handling, logic (if any), and rendering methods inside of them. Again, this was also an implementation of the game state article by Lazy-Foo. On to my question... Am I going about the correct way to do this? I already have just over 1000 (!) lines of C++ code in my gameStates.cpp and gameStates.h files alone at this moment. However, since this is just my hobby, due to my 2nd year in college starting up next week, I have absolutely no problems "biting the bullet" so-to-speak, and hard-coding my "levels" inside my gameLoop class, where the actual game will take place in... Man, I wrote a novel there! I hope that made some sense. I had a hard time articulating my thoughts for a while. ;) -CodeMonkey