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Norton Mobile Security
Norton Mobile Security is an app that helps you protect your Android device or tablet against threats such as theft or loss, malicious apps and websites designed to steal your data and information. Also, the application provides proactive security against apps that are risky for your device. Those apps that might leak your private data and information use your battery excessively and data plan and does not function properly. Norton provides you with the control of the apps where you can decide which of the app is to trust and which one is harmful to your device. It gives you complete control to keep your photos, videos and personal information secure.
- The app helps you to remove all the malware, viruses and spyware that may harm your device or slow it down. If you somehow lose your phone or someone steals your phone somehow, it can remotely lock the device through SMS.
- The locking of the phone after you lose it prevents your precious data from theft. One more way to keep the device security is to lock the phone after ten failed attempts to unlock automatically.
- If you have lost your phone, you can easily find the device through the map with remote locate. You can also automatically lock the phone if the SIM card is removed.
- You can also have a trigger alarm that "scream" to find your device when it's missing. The app saves your device's location automatically when the battery is low.
- If you have essential contact numbers and you want them to transfer to another phone, so to do it conveniently the app sync all your contacts and then restore which can help you to share them across your devices.
- The great thing about this application is to control all your devices through one website which can protect your mobile phones easily.
- The safe search feature lets you see a website's shopping rating and safety for all of your results for a search. It also helps you avoid the infected malware sites in the search.
- The application gives you the privilege to block unnecessary SMS text messages and unwanted calls. You can wipe all the information in your device remotely to secure your privacy.
- If you doubt anyone using your cell phone, the sneak Peek uses the built-in webcam that takes a photo of the person using your phone.
ਇੰਸਟਾਲ ਕਰਨਾ?
- Download the
- Take a copy of it in your phone or Tab.
- ਆਮ ਤੌਰ 'ਤੇ ਇੰਸਟਾਲ ਕਰੋ.


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Wolfsbane, Discarded Heroes Series #3Ronie KendigBarbour Publishing / 2011 / Trade Paperback$9.99 Retail:4 Stars Out Of 5 34 Reviews
$12.99Save 23% ($3.00)Availability: In StockStock No: WW607842Video
of customers would recommend this product to a friend.
christiangirl4evr1 Stars Out Of 5WolfsbaneDecember 30, 2014christiangirl4evrQuality: 1Value: 1Meets Expectations: 1I had high expectations for this book ( 3rd in the series) after reading the second book in this series. I was extremely disappointed! Not only was the premise the same - boy meets girl, boy falls in love with girl, girl goes on mission with him, boy has to protect girl - but it was actually boring. I did not like 3 things about this book. 1. God was not integrated through the whole story. There were occasional references to Him, but He was not a part of the storyline. 2. It was very unrealistic in that while on the mission, Canyon and Dani are separated and are running for their lives. After the enemy catching up to them twice, WHY would you stop at a town you come to and get a hotel room???? You get supplies and keep moving. No, they got a hotel room where they had sex. No, no, no! And after that, a lot of the book kept both of them thinking about what happened. 3. Dani's character was developed to be a strong person after all she endured at the hands of Bruzon, yet near the end, she still continued to accept gifts and attention from the brother she did not love, after telling Canyon that she loved him. So not the character of the woman. In essence, I was extremely disappointed...
Jved267Detroit, MIAge: 25-34Gender: female5 Stars Out Of 5September 7, 2012Jved267Detroit, MIAge: 25-34Gender: femaleQuality: 5Value: 5Meets Expectations: 5This review was written for Wolfsbane - eBook.I loved it just like the rest of the series! What could be worse than falling for the girl your brother wants? Determined not to make the same mistake twice, Canyon struggles to stay away from Roarke. Yet Roarke find that she much prefers Canyon over his little brother. Add in some Venezuelan terrorists determined to kill Roarke and build nuclear weapons. Then see how the Nightshade team handles the pressure and the drama of Canyon battling against his feelings for Roarke. The result is explosive action and a great book that you cannot put down.
Robin WallaceFloridaAge: 35-44Gender: female4 Stars Out Of 5An Intense AdventureJune 20, 2012Robin WallaceFloridaAge: 35-44Gender: femaleQuality: 4Value: 4Meets Expectations: 4Wolfsbane
Ronie Kendig
Having escaped a brutal Venezuelan general, demolitions expert Danielle Roark fights her way back to the States, only to be charged with espionage. When she's forced to return to the jungle to prove her innocence, she finds herself intentionally left behind. What secret does she have worth killing for? Haunted, former Green Beret Canyon Metcalfe is fighting off nightmares of a operation gone bad. When he's thrown back into the jungle on a Nightshade mission, he must push the memories aside to rescue Dani. Will he lose another woman to the cruelty of warfare?
I was immediately drawn into this story. The characters were believable and the story was well written. I enjoyed the Metcalfe family and the believability of the difficult nature of the events that Danielle had gone through there were parts that were challenging to follow until about ý way through the story and this mad following the action a hindrance at times. I thought that the similarities of experience between the main characters were played subtle until they were resolved. It was a great nail biting story that was worth following until the end.
I would like to thank Net Galley and Barbour Publishing for allowing me to read and review this book in return for a free copy and was never asked to write a favorable review by anyone.
MarbieThe NetherlandsAge: 35-44Gender: female5 Stars Out Of 5AWESOMEMarch 30, 2012MarbieThe NetherlandsAge: 35-44Gender: femaleThat one word describes the whole book: AWESOME.
Phew, what a great read! What an action, suspense, adrenaline filled read!
Everytime I read another book by Ronie Kendig I'm convinced it was her best yet.
Canyon Metcalfe is a guy I could easily love. Maybe because he's a bit like my husband. :) None of his problems are related to my husband, but the way he handles things is alike, so that tells a lot about Ronie's excellent imagination!
Danielle Roark was captured, tormented and raped in Venezuela. She escaped with shocking proof that the cruel general that kept her for six months has nuclear weapons, but at home the American government doesn't believe her. She has to go back to that awful place to come up with more proof.
Canyon's brother rescued Danielle out of the ocean when she escaped Venezuela. He falls in love with Dani, but she's not interested in men... until she meets Canyon. Canyon likes her too, but because of a promise he made to his brother he can't pursue her. Things get complicated when Nightshade is the team that escort Danielle back to Venezuela. Can Canyon live up to that promise?
Is Nightshade capable to find the proof and keep Danielle save?
This book is so fast paced that you hardly have time to take a calming breath before the next action.
Action, adventure, military, suspense and romance lovers - this book is for you!
CattAge: 45-54Gender: female1 Stars Out Of 5Wrong MarketingDecember 21, 2011CattAge: 45-54Gender: femaleQuality: 1Value: 1Meets Expectations: 1This is a secular book with a very light dusting of worldly Christianity. I was hoping for solid Christian characters in a realistic plot where Jesus is center stage in the extreme trials our military, their families, and civilian counterparts face. NOT. The evil presented did not disturb me. But the flipant role of God in the lives of every character did.

subset: commoncrawl


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Police are searching for a group of men and women in their 20s and 30s who allegedly lured a man out of a restaurant, then assaulted and robbed him in the Bronx earlier this month.
Police say a woman lured the victim out of the eatery at 1969 University Ave. at about 2:30 a.m. on Saturday, June 7.
That's when the group waiting outside the business attacked him, kicking and punching him, then robbing him at gunpoint, according to police.
The suspects took cash and a cellphone, then ran away.
Anyone with information is asked to contact Crime Stoppers at 800-577-TIPS.
Published at 5:31 PM EDT on Jun 20, 2014 | Updated at 6:57 AM EDT on Jun 22, 2014


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The U.S. General Services Administration's Daniel M. Tangherlini is hoping that equation adds up.
The Washington Post recently reported that 3,300 GSA workers are returning to the agency's newly renovated offices in downtown Washington, D.C., where employees will "have to work in less than half the space they once had."
Tangherlini, administrator of the outfit that helps manage and support the basic function of federal agencies, is also encouraging telecommuting, "betting that his employees will get more done if they are at home—or anywhere outside the office, for that matter—more often," according to the paper.
Meanwhile, back at headquarters, Tangherlini has masterminded the GSA's new floor plan and office décor, which eschews long corridors, high-walled cubicles and closed-door offices in favor of "open spaces filled with industrial white desks that most employees must now reserve like hotel rooms." The idea, it seems, is to urge employees to work away from their desks when they are on-site, and to "help usher in a new federal culture in which working no longer means that your boss can see you."
Tangherlini, who is urging employees to rely more heavily on methods such as instant messaging, Google Chat and email to communicate, has scaled back his own working quarters as well. Indeed, he "now camps out in an open area with his executive and support staff at a utilitarian, Ikea-style desk with no drawers and a blue recycling bin underneath," as opposed to the 1,600-square-foot wood-paneled office—complete with silver-plated chandeliers and a working fireplace—Tangherlini had occupied since joining the GSA in 2012, the article notes.
The agency, which has already shed rented offices in D.C. and northern Virginia, for example, is hopeful that employees at the office "will work together better and more creatively if closed doors and high cubicles don't get in the way."
But even if the restructuring doesn't drastically change how federal employees work, Tangherlini has another, bottom-line-oriented argument for downsizing office space.
"Let's say you don't buy any of that," he told the paper. "We can show $24 million we saved in rent on six leases we don't have anymore."


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Samsung Epic 4G (Galaxy S)
Info Photos Reviews 33 News Forum
Guess When
Reports are that it will come out in early August.
Im a sprint rep, mid August the beast of a phone will be debuting.
The word is August 20th. I guess Samsung has scheduled their SPS (Samsung Product Support) video of the Epic 4G for that day. Previous Galaxy S phones availability have coincided with the release of the video.
August 31st for $249 after $150 instant and $100 mail-in rebates. Will ship with Android OS 2.1 with a Froyo(2.2) upgrade already in the works.
Reservation link intended for premier customers
https://sprint.timetrade.com/tc/ReservePhone.do?meth ... »
https://sprint.timetrade.com/tc/ReservePhone.do?meth ... »
Thanks for this, I've called in multiple times to Customer servise to get more info on the phone. Everytime i would call they would tell me that They have no new updates on the phone and didn't even know when the phone was going to be avalible. After getting this link and reserving the phone, i called in about pricing. They told me the same thing, but when i told them about this reservation link they all of a sudden had information on the phone details. Thanks again, i've been looking forward to this phone for the longest time. I just hope it has a smooth launch.


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The 2014 Winter Olympic Games in Sochi kick off on Feb. 7, and we can't wait to see our favorite athletes hit the slopes! Designing the team uniforms has become more and more of a spectacle — this year, Ralph Lauren, Giorgio Armani, and H&M were among the brands who designed for their home teams! Who's uniforms do you like best? Let us know in the comments!
On Allison: Kaelen dress


text: I have a 2004 LAZER Z HP 52" with the 23 HP Kawasaki Engine. This unit has around 100 hours and has had regular maintenance. It includes the mulch kit, Ultravac, extra blades and other maintenance items. I need to sell it so I can buy smaller machines. Excellent condition, $6600 1 (541) 379-1971


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This promotion is for Rewards members only. To take advantage of exclusive offers like these, join Office Depot® OfficeMax® Rewards Everything now!
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Ideal for frequently referenced documents
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With these Insertable Two-Pocket Plastic Dividers you get easy referencing and extra storage all in one. Made from durable, translucent plastic for long-lasting use, the dividers feature sturdy pockets on the front and back for storing loose papers. The unique tab design allows easy access and keeps your inserts from falling out. Simply customize and print your inserts using the free templates and designs at avery.com/print.
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Avery Insertable Plastic Dividers are the perfect solution for fast, simple binder organization. With a variety of special features to choose from, you can find the ideal dividers to fit your needs. From a unique tab design that keeps inserts from falling out, to sturdy pockets that hold loose papers in place, these plastic dividers are great for everyday use. For a clean, professional look use the free templates and fonts at avery.com/print to customize your inserts and print them in minutes.
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How nice it would have been you could lose weight by eating, right? Well, your wish is about arrive true. In this article I will an individual of three such foods that assist you to lose weight. Sounds too good to be real? Well, just read a number of recommendations to understand spinning program so well!
Quite a lot of folks Meratrim do not recognize their thirst pangs and mistake them for hunger pangs, so rather than quenching their thirst they reach for something to consume. A good rule obtain to have a glass of water when you believe you are hungry, wait a little while and see if you remain hungry, this is often a sure fire way reduce your food consumption and eat more fresh water.
Obesity isn't only a problem within itself, but another risk factor for other chronic health problems. It is a modifiable problem and risk factor, which means that usually reversible and can be improved. Some risk factors provide family history, part of genetics which cannot be changed. Thus, obesity is preventable also as curable. It is a risk factor in the development of diabetes, bloodstream pressure pressure, high cholesterol, plus some forms of cancer.
Keep drinking 2 – 3 cups of green tea everyday. Their tea has many health benefits, but just one of the important ones is going without shoes helps in weight loss and boosts metabolism.
I attended the weekly Weight Watcher meetings and also got weight loss supplement on the scale for an every week "weigh operating in." I bought a couple of the Weight Watcher foods but generally ate regular food. With Weight Watchers I learned the "point system" of eating. To achieve my goal weight I to stay within 23 points a day. The meetings provided a support associated with others wanting to lose weight and recognition after losing 5, 8 and 10 lbs. Also, Weight Watchers had just a little book of how many points were associated with well-known restaurant meals. This helped while i was eating at restaurants. They present very good recipes. Through Weight Watchers, I was able to lose 15 excess fat.
Cinnamon has been utilized in managing diabetes mainly because stimulates fat cells and helps get gone excess sugar in the blood load. Cinnamon is not water soluble therefore it can build up in your fat panels. The long term effect of the ingestion big amounts of cinnamon isn't known. However it seems one half teaspoon just about every day is relatively safe. Cinnamon can provide in meatloaf, stews, brushed on chicken and pork before grilling, as well as more commonly on blueberries and other berries. It can also be added to cottage cheese and cream cheese.
Also remember that these aren't the only weight loss super foods that is located to the person. Other foods such as nuts, oatmeal, eggs and almonds also help you with reduction supplement. Add these foods to can make and understand how quickly you are able to get rid of one's fat ab!


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The last New Year's resolution I made was to walk the dog every day. This was obviously a genius resolution, being made on January 1 in New Jersey, to start walking the dog is sub-zero temperatures. I lasted for about 2 weeks then told Walt, our dog, that he needed to start taking some responsibility for his own health. He had to create and implement his own indoor exercise program because momma wasn't going outside until she saw a flower poke through the bright green grass.
That was two years ago. Last week, I came up with a lofty New Year's resolution. I will not watch any of the Real Housewives shows. I am a die-hard Real Housewives viewer enjoying Real Housewives of Orange County, Real Housewives of Beverly Hills,Real Housewives of New York, and of course, my beloved Real Housewives of New Jersey (I do, however, draw the line at Miami and Atlanta). After a day of work, being mommy, cooking, cleaning, paying bills, making appointments and other actual REAL LIFE housewife duties, I love to become one with my couch and let my brain cells get sucked from my head for an hour.
With a great love and appreciation of such bad, but such good, television, one might wonder what spurred this decision. While watching some pseudo news show about how much some of the housewives make per season, the thought of me contributing to Teresa Giudice's $600,000 per season salary made me want to flip a table. A few other "housewives" were mentioned with season salaries all over $250,000. I decided at that moment that I can no longer contribute to the downfall of America.
I have struggled for quite a while with the reality of these shows, anyway. A housewife, as defined by dictionary.com, is "a married woman who manages her own household, especially as her principal occupation." Many of the women on the shows are divorced, and/or manage their homes with the help of nannies, personal assistants and other in-home help. They spend their days meeting friends for lunch and talking about other women. Oh, wait. That does sound like some housewives I know.
However, kudos to a few like Vicky from Orange County and Lisa from Beverly Hills as, even though they do not fit the definition, they do actually have careers. Some of the women aren't just making money off of their so-called fame but have been businesswomen long before they were on the show. They have a brain that is simply masked by their store-bought boobs. A book deal, record deal, or talk-show gig as a result of being on these shows does not count as being talented, motivated or having any sort of intelligence.
I am sure that this resolution will be more of a hiatus than a lifestyle change as I know all too well that when Real Housewives of New Jersey comes back on in the spring, I am going to cave just like Jacqueline gives in to Teresa. My need to see the family drama between the Gorgas and the Giudices will override my current convictions about the evils of these reality shows.
But, hey, it is January 3 and I've already lasted longer with my resolution than 25% of Americans.
published on NJ.com January 3, 2013


text: (Adds futures, detail, company news) LONDON, Jan 30 (Reuters) - European shares were expected to open higher on Friday, headed for their best monthly performance in more than three years, with encouraging German retail sales data seen further improving market sentiment. Figures showed German retail sales posted their biggest yearly increase in 2.5 years in December by climbing 4.0 percent. The sales increased for a fifth consecutive year in 2014, rising by 1.4 percent in real terms. Futures for Germany's DAX were up 0.5 percent at 0725 GMT, while futures for the Euro STOXX 50 and France's CAC were up 0.5 percent and 0.4 percent respectively. The FTSEurofirst 300 index of top European shares closed 0.1 percent lower at 1,473.19 points in the previous session. However, the index is up 7.6 percent this month, the best month in percentage terms since late 2011. The European market is expected to track U.S. stocks, which enjoyed a late afternoon rally on Thursday and closed 0.98 to 1.31 percent higher as an upturn in oil prices and a rally in Apple and Boeing shares helped offset some disappointing earnings and lingering questions over U.S. monetary policy. However, energy shares will be in focus again after oil prices dipped and analysts said the outlook remained weak, with production high and producers reducing operating costs to adjust to lower export revenues. MAJOR MACROECONOMIC DATA/EVENTS (GMT) : 0700 DE Retail Sales 0745 FR Consumer Spending 0930 GB Mortgage Lending 1000 EZ Unemployment, Inflation 1330 US GDP Advance 1445 US Chicago PMI 1500 US Univ Mich Sentiment ------------------------------------------------------------------------------ MARKET SNAPSHOT AT 0655 GMT LAST PCT CHG NET CHG S&P 500 2,021.25 0.95 % 19.09 NIKKEI 17674.39 0.39 % 68.17 MSCI ASIA EX-JP 474.98 -0.24 % -1.15 EUR/USD 1.133 0.1 % 0.0011 USD/JPY 117.87 -0.33 % -0.3900 10-YR US TSY YLD 1.738 -- -0.02 10-YR BUND YLD 0.354 -- -0.01 SPOT GOLD $1,260.20 0.29 % $3.70 US CRUDE $44.52 -0.02 % -0.01 > ASIAN SHARES EDGE UP AFTER WALL STREET GAINS > WALL ST FINISHES HIGHER IN AFTERNOON RALLY AS OIL GAINS > NIKKEI RISES AFTER WALL STREET GAINS; CORPORATE EARNINGS BUOY MOOD > BOND PRICES BACK UP ON STRONG JOBLESS DATA > COMMODITY CURRENCIES FEEL HEAT; DOLLAR, YEN, EURO STABLE > GOLD RISES AFTER SLIDE, EYES BEST MONTH IN NEARLY A YEAR > LME COPPER SET FOR LONGEST WEEKLY LOSING STREAK SINCE 2008 > OIL PRICES SLIP AS OUTPUT REMAINS HIGH, PRODUCERS SLASH COSTS COMPANY NEWS MONTE DEI PASCHI DI SIENA Troubled Italian bank Monte dei Paschi di Siena is considering raising the size of a planned capital increase to around 3.5 billion euros ($4 billion), one billion euros more than initially planned, two sources close to the matter said on Thursday. ALTRAN French IT services group Altran Technologies reports 2014 revenue of 1.76 billion euros, up 7.6 percent year on year. The group said it was confident that its performance in 2014 will be in line with the targets set out in the 2012-2015 strategic plan. CAIXABANK Spain's third-biggest lender Caixabank on Friday said its 2014 net profit almost doubled compared to a year ago, though it missed forecasts after booking payments made to the country's deposit guarantee fund. BT BT has agreed a new plan to pay down its ballooning pension deficit and signed off on an upgrade of its fibre network, putting its finances in order ahead of a key football rights auction and a deal to buy mobile network EE. EURAZEO The GoGo Squeez fruit puree maker Materne turned down European investment company Eurazeo' s offer to buy it at 800 million euros ($906 million) last year, Bloomberg reported citing sources familiar with the matter. IAG Qatar Airways said on Friday it had bought a 9.99 percent stake in International Airlines Group, the owner of its partners British Airways and Iberia in the oneworld alliance. ROYAL DUTCH SHELL Lead industry negotiator Royal Dutch Shell said on Thursday it was "optimistic" a new three-year agreement could be reached with a union representing hourly workers at 63 U.S. refineries that account for two-thirds of U.S. refining capacity. ROCHE A major analysis of one of the world's most fiercely disputed medicines, Roche's Tamiflu, has found it cuts flu symptoms by a day and can help some patients avoid hospital treatment and complications. SAINT-GOBAIN Sika said on Friday that investors, who together hold over 40 percent of the share capital, have expressly stated their support for course adopted by board of directors and the group management. Sika's management and board is seeking to derail a sale of the Swiss chemicals company to French building materials company Saint-Gobain. NOVO NORDISK The Danish drug maker, the most valuable listed company in the Nordic region, maintained its financial guidance for 2015, giving a more detailed number for its sales growth, after a stronger fourth quarter than expected. TELE2 The Swedish telecom operator posted fourth-quarter core earnings slightly below expectations and said it expected largely flat sales and earnings in 2015 but promising higher dividends ahead. BANCO BPI Portugal's second-largest listed bank, Banco BPI, posted on Thursday a surprise net loss in the last quarter of 2014 due to one-off charges, but its CEO said the results would not affect its capacity to vie for rival Novo Banco. FONCIERE DES REGIONS The French property group bought two portfolios in Berlin, Dresden and Leipzip for 221 million euros ($251 million). In total, these acquisitions offer an immediate yield of 5.2 percent. LAGARDERE France's Lagardère has joined the race to acquire a majority of Italy's airport retailer World Duty Free, which belongs to the Benetton family, sources familiar with the situation said. EDF French utility EDF expects the first of two nuclear reactors under construction in China, which have been subject to repeated delays, to be completed at the end of this year. AIRBUS Airbus Group will have to pay penalties to European governments for the latest delays and technical problems with its A400M military transporter, its chief executive said on Thursday. DEUTSCHE BANK German regulator BaFin is reviewing whether Germany's largest lender should have pre-released fourth quarter results, because profits deviated significantly from analyst estimates, Handelsblatt said, citing the regulator. E.ON The company has filed a complaint with Germany's Constitutional Court, rejecting a 2014 law that banned transporting re-processed nuclear waste to a central storage site at Gorleben and stipulating it be stored at sites near nuclear reactors instead, Sueddeutsche Zeitung reported, citing company sources. (Reporting by Atul Prakash; Editing by Alistair Smout)


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Yahoo has acquired iPhone app startup Qwiki for a reported $50 million. The Qwiki app automatically turns pictures and videos that you already have on your iPhone into movies to share, including transitions and a soundtrack.
The Qwiki app will live on as a standalone entity inside Yahoo, says the company. The Qwiki team will be joining Yahoo's New York offices.
Yahoo CEO Marissa Mayer was a judge at TechCrunch Disrupt 2010 where Qwiki was chosen as the top disruptive company.
[Image courtesy: Qwiki]


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LeAlan Jones, the Green Party's nominee for US Senate in Illinois, responded sharply to new Census figures that shows that one in seven Americans live below the poverty line.
"At a time when the super rich are complaining about losing their deficit-ballooning tax cut, we see that our most vulnerable Americans are getting crushed," said Jones, who grew up in the shadow of the Ida B. Wells housing project on Chicago's south side.
"This is a wake-up call to all progressive and compassionate voters out there," added Jones. "Republicans and Democrats still believe that Wall Street can fix this problem. But Wall Street caused this problem and voters must ask themselves: who will help our poorest citizens?"
Jones, who lives in Englewood, a Chicago neighborhood hit hard by the Great Recession, has called for a renewed war on poverty.
"We spend more than a trillion dollars for wars on the other side of the world," Jones pointed out. "Imagine how much poverty we could have eradicated with that much investment in our communities here at home."
According to his website, Jones' economic plan will "finish what the New Deal started and create a sustainable economy with good, green jobs."
For more on his economic platform, including his Share the Wealth plan, go to lealanjones.com.
LeAlan is available for interviews about the latest poverty numbers and its effect on real Americans. Contact the media team at email@example.com or 312-94-JONES.
Source: http://lealanforsenate.org/


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The CUBE Nature is the perfect bike for anyone who enjoys exploring off the beaten path. Simply put, it's a sporty, reliable hybrid bike with well-balanced handling - a joy to ride. With its high quality frame and lockout-equipped suspension fork, the Nature is a bike that excels, whether it's being used for fitness and fun or as a companion to the challenges of everyday life.
Features: The Shimano drivetrain features Rapidfire Plus gear levers and we've upgraded the rear derailleur to XT level, providing 27 gears for a wide gear range and excellent, long-lasting shifting precision. Shimano BR-M315 hydraulic disc brakes guarantee safe stopping even when it's wet, while an ergonomically optimised CUBE cockpit ensures perfect control. The Selle Royal Viper saddle is a comfortable place to sit, even on long days out. Suntour's NEX HLO suspension fork absorbs shocks and vibration, providing comfort and better control on even the bumpiest of roads, and Schwalbe's Smart Sam tyres grip and roll smoothly in all conditions.
There are currently no questions and answers for this product.
'Every effort has been made to ensure accuracy throughout this website. However, Cube reserves the right to change bike specifications, features, prices and colours without prior notice.'


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"Swordsman" is your standard Hong Kong-produced period martial arts movie. All the conventions of the genre are present, including the always popular girl mistaken for man because she wears man's clothes big (this "confusion" will become comedy fodder at various intervals); the proclaiming of elaborate fighting stances by the person currently performing said stance; and the most popular period martial arts maguffin of all, that manual or scroll that contains instructions on how to become a super-duper fighting machine. (Gee, if only VCR manuals could do that…)
If you love all of the above (or at least isn't bothered by just how recycled and been-there, done-that they are), then you'll like "Swordsman," a tale about two students from a distant kung fu school who wanders into a big helping of trouble involving an ex-official and a Eunuch trying to (what else?) usurp power. It seems there's no such thing as a good eunuch in Chinese mythology, since I've seen the Evil Eunuch character surface numerous times in similar period films. I can't help but wonder if being a eunuch has anything to do with their mean and cruel disposition? Just a thought.
The best thing about "Swordsman" is the easy-going manner of star Sam Hui, who plays Ling, one half of the wandering duo. Ling travels everywhere with Kiddo (Cecilia Yip), the girl-pretending-to-be-boy character. The two actors have an easy rapport and their scenes, no matter how silly or contrived, are easily the movie's highlights. Hui plays Ling as so free-spirited and carefree that you can't help but like him, which is a good thing because Ling has the uncanny ability to get involved in things that are way over his head. Yip's Kiddo is something of an ing'nue, but there's no denying that she plays off Hui well, and vice versa.
Plot-wise, "Swordsman" is a smorgasbord of the usual suspects. The Evil Eunuch wants to usurp the power of the Emperor, and thinks by getting his hands on the secret scroll and becoming a super-duper fighter will be the key. He's aided by Jacky Cheung as Yeung and Wah Yuen as Zhor, an illiterate assassin with some impressive skills and a no-nonsense attitude about killing folks who get in his way. Ling and Kiddo, of course, gets in the way, but so does about a half dozen other sects, schools, and factions. When all is said and done, there's a massive sword battle where all the factions take part.
"Swordsman" is not actually a martial arts film, even though it is heavy on the kung fu, although Fake Kung-fu. "Fake" means the swordfights and even the limited hand-to-hand combat (there are barely any here) are done in a style (and filmed in such a way) that clearly make obvious no one is actually doing anything real here. Which means everyone has special powers that allows them to use air and gravity as some kind of blunt object just by waving their hands or slashing their sword this way or that way. It's all rather standard stuff, and nothing onscreen will convince anyone these actors know the slightest thing about actual swordsmanship. So if you're looking for "real and gritty," you'll do well to look elsewhere.
Of course that doesn't matter much, since the story rarely stops to explore the possibility that someone might actually know any real kung fu. There is one swordfight after another, some more successful than others. And of course there is plenty of contrived comedy such as the aforementioned bits with Kiddo's gender. The whole Kiddo-as-man thing leaves me to wonder why, if these people are so good at training their bodies to do amazing feats like fly and explode trees from 20 yards away, is their perceptions (or at least their eyesight) so terrible that they can't make out a girl in man's clothing? I guess you're just not supposed to ask that kind of questions. Silly me.
There are a number of good characters in "Swordsman," including Fennie Yuen as Blue Phoenix, a member of a cult faction who can control all manner of creatures big and small, and sic them on her enemies. Blue Phoenix's boss, simply called Chief, also has some good scenes with Hui's Ling that hints at a possible romance. (The movie spawned two sequels that continued the adventures of the characters that first appeared here.)
"Swordsman" is the same old thing, and for fans of such, this one is a winner. The film has a laundry list as its director, but the driving force is obviously Tsui Hark, who takes producer credit and God only knows what else. Hark is an old hand with this type of movie and could probably do them blindfolded. Having seen a number of his films, it's entirely possible that he actually did do some of them blindfolded, natch.
Siu-Tung Ching, King Hu, Ann Hui, Andrew Kam, Hark Tsui (director/screenplay)
CAST: Jacky Cheung …. Au Yeung
Man Cheung …. Ying
Sam Hui …. Ling Wu Chung


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Matt Chat - Might and Magic VI Retrospective
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Matt Chat - Might and Magic VI Retrospective
November 15th, 2011, 08:41
Matt Barton did
a video retrospective on Might and Magic VI.
He plays the beginning portion of the game while talking about the different mechanics and what it was all about.
If for some reason you don't own Might & Magic VI and this game interests you then you could pick it up from GoG. They have the whole series there:
Might & Magic I - VI
Might & Magic VII
Might & Magic VIII
Might & Magic IX
More information.
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State Board of Education Approves New Tennessee Academic Standards for Social Studies
Today, the State Board of Education voted unanimously on final reading to approve new, Tennessee-specific academic standards for social studies.
The new Tennessee Academic Standards for Social Studies will be implemented in classrooms in the 2019-20 school year. This multi-year, comprehensive review involved teams of Tennessee educators, subject matter experts, higher education faculty, state history and geography organizations, and multiple public comment opportunities, ensuring that all Tennesseans had a voice throughout the process.


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The lights are on
Monolith Soft previously teased a Japanese role-playing project called X, but the game now has an official name: Xenoblade Chronicles X. Unfortunately, players will have to wait a little longer before they play it.
We don't have a lot of details about Xenoblade Chronicles X, but the last entry in the series was great. The trailer for the game showed off a lot of mech battles and anime-inspired looking sci-fi characters. Classic RPG fans should start saving their pennies for this one. Unfortunately the game was originally planned for a 2014 release, but it's been pushed back to 2015.
Email the author Ben Reeves, or follow on Twitter, Google+, Facebook, and Game Informer.


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Guest Post: A Case for Pro-Life
The following post was written by my daughter, Courtney Richoux, while in college a couple of years ago.
Why do Christians advocate Pro-Life? Why can't women just make that choice for themselves?
I was in my English II class a couple semesters ago when the topic of abortion came up. I remember my teacher being a Christian, but also a feminist so I wasn't really sure which direction she was going to go in. She made it clear that she was on the fence. She gave this scenario that left me speechless and not sure what to debate back. "What if a young 12 year old girl gets raped and winds up pregnant? What is she supposed to do? Have a baby at 12 years of age and potentially harm her body? She would be confused and hurt the rest of her life. What if her parents refuse to help her raise the baby? How is she supposed to make that choice on her own?"
As a Christian who is very much Pro-Life, I had no idea what to say. I mean if I say that I still think it's wrong then I'm saying that I believe that 12 year old girl who got raped should still have her baby. If that were my daughter, would I want that?
I know this is a very controversial topic, but I'm still siding with no. I still don't think abortion is okay (even in that scenario). When Adam and Eve decided to take a bite of that apple, sin was invited into our lives. If you read in Genesis 3, you learn that the serpent (the devil) portrayed sin as something good. He tricked them by making them think they were doing a good thing, even though God told them not to. I believe that he still plays tricks on our minds to make us think that some of the decisions we make are okay. With abortion, there are many things that the devil will try and make us believe so that we will destroy God's child. Maybe you're not ready or you don't think you'll be a fit parent? Maybe you are scared for your parents to find out? Whatever the reason, we're not really listening to God's voice. The bible says in 1 Corinthians 6:19, "Don't you know that your body is a temple of the Holy Spirit who is in you, whom you have from God? You are not your own, for you were bought at a price. Therefore glorify God in your body." He even tells us in scripture that our body is a temple. We are to treat our body as a temple of the Holy Spirit, not our own.
Abortion procedures are not often described. Many people don't really even fully understand how these procedures work. I'm sorry for the descriptive details, but I believe everyone should know what transpires during these events. Here is a list and description of each type of abortion from a book I read called, The Questions Christians Hope No One Will Ask, "There is a variety of abortion procedures, including one that tears apart and suctions out the baby's little body (suction aspiration); another that requires the abortionist to insert a knife into the womb and cut the baby into pieces, then to remove and reassemble the tiny body to be sure none of the pieces are left inside (Dilation and Curettage); and other methods that use a combination of chemicals to induce labor or a saline solution that actually burns the fetus, taking about an hour to end the baby's life so the body can be removed. But the most horrifying method is the one known as partial-birth abortion (Dilation and Extraction or Dilation and Evacuation). For all its coverage in the news, very few people seem to understand what it really is. Here's a description: "Using ultrasound, the doctor grips the fetus's legs with forceps. The unborn is then pulled out through the birth canal and delivered with the exception of its head. While the head is in the womb the doctor penetrates the live fetus's skull with scissors, opens the scissors to enlarge the hole, and then inserts a catheter. The fetus's brain is vacuumed out, resulting in the skull's collapse. The doctor then completes the womb's evacuation by removing the dead fetus."
As hard as it was typing that description out, I think it is necessary that all parties understand how this works. Most people and even women who face the decision of having an abortion, don't even know how it works. "Millions of women 'choose' abortion in a moment of weakness and vulnerability and then live a lifetime of regret for their own uninformed decision (Mittelberg)."
I talked about my English class and the scenario that my teacher gave us about the 12 year old rape victim. To think that my daughter or sister or any 12 year old girl would get raped and pregnant makes me sick. However….I still cannot justify sin with more sin. When Eve took a bite of the apple, she also gave some to her husband. When God asked them what they had done, they both blamed others. Adam blamed Eve and Eve blamed the serpent. But blaming others didn't make that sin okay. We don't cover sin with sin. We allow God into our lives to wash that sin away with the blood of Jesus and make us new again. We trust that God has a plan and that He will work all things for good for those who love Him.
The good news is that there is a God who humbled himself and came down to earth in the form of a man, so that He could live a life as an example of how we should live ours. And he came so that He could be crucified on a cross and deliver us from our sins. His blood washed away our sins never to return again. When we accept Jesus Christ into our lives as our Lord and Savior, we are saying that we trust Him and are deciding to follow Him. He then washes us new and makes us new. It's an indescribable experience. No matter what you've done in your past, no matter who you've been, He loves you more than you can imagine. And he desires your heart. So even if you've struggled with this decision or any other sin in your life, He still desires you and wants to forgive you. All you have to do is ask.
The truth is that abortion shouldn't even be a debate. "There are approximately 1.3 million children killed annually in the United States alone through abortion. This is more every year than the combined number of Americans killed in the Revolutionary War; the Civil War; World Wars I and II; and the Korean, Vietnam, Persian Gulf, Iraq, and Afghan Wars (Mittelberg)." In Psalm 139: 13-17, King David wrote, "For it was You who created my inward parts; You knit me together in my mother's womb. I will praise You because I have been remarkably and wonderfully made. Your works are wonderful, and I know this very well. My bones were not hidden from You when I was made in secret, when I was formed in the depths of the earth. Your eyes saw me when I was formless; all my days were written in Your book and planned before a single one of them began." God crafted us each so specifically and perfectly. You see…life begins at conception. I urge you if you are struggling with this or have struggled with this, to seek Him. Because he tells us, "Come to Me, all of you who are weary and burdened, and I will give you rest." (Matthew 11:28)


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Gonzalez v. Downtown LA MotorsAnnotate this Case
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Filed 3/6/13; pub. order 4/2/13 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO OSCAR GONZALEZ et al., Plaintiffs and Respondents, B235292 (Los Angeles County Super. Ct. No. BC350769) v. DOWNTOWN LA MOTORS, LP et al., Defendants and Appellants. APPEAL from a judgment of the Superior Court of Los Angeles County. Mary H. Strobel, Judge. Affirmed. Dickstein Shapiro, Arthur F. Silbergeld and Jennifer A. Awrey; Greines, Martin, Stein & Richland, Robin Meadow, Cynthia E. Tobisman, and Alana H. Rotter for Defendants and Appellants. Gartenberg Gelfand Hayton & Selden and Aaron C. Gundzik; Law Offices of Neal J. Fialkow and Neal J. Fialkow for Plaintiffs and Respondents. Curiale Hirschfeld Kraemer LLP and Felicia R. Reid for National Automobile Dealers Association as Amicus Curiae on behalf of Defendants and Appellants. Nossaman LLP and John T. Kennedy for California Automotive Business Coalition as Amicus Curiae on behalf of Defendants and Appellants. Fine, Boggs & Perkins LLP, John P. Boggs and David J. Reese for California New Car Dealers Association and Alliance of Automobile Manufacturers as Amicus Curiae on behalf of Defendants and Appellants. Altshuler Berzon LLP, Eve H. Cervantez and Eileen B. Goldsmith for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiffs and Respondents. ________________________ In this wage and hour class action, the issue presented is whether California s minimum wage law requires an employer that compensates its automotive service technicians on a piece-rate basis for repair work must also pay those technicians a separate hourly minimum wage for time spent during their work shifts waiting for vehicles to repair or performing other non-repair tasks directed by the employer. The employer contends it was not required to pay the technicians a separate hourly minimum wage for such time because it ensured that a technician s total compensation for a pay period never fell below what the employer refers to as the minimum wage floor -- the total number of hours the technician was at work during the pay period (including hours spent waiting for repair work or performing non-repair tasks), multiplied by the applicable minimum wage rate. The employer did so by supplementing a technician s pay, if necessary, to cover any shortfall between the technician s piece-rate wages and the minimum wage floor. The trial court concluded that the employer s method of compensation violated the minimum wage law because California law does not allow an employer to avoid paying its employees for all hours worked by averaging total compensation over total hours worked in a given pay period. The trial court cited Armenta v. Osmose, Inc. (2005) 135 Cal.App.4th 314 (Armenta), as support for its ruling. We too find the court s reasoning in Armenta to be persuasive. Applying that reasoning here, we conclude that class members were entitled to separate hourly compensation for time spent waiting for repair work or performing other non-repair tasks directed by the employer during their work shifts, as well as penalties under Labor Code section 203, subdivision (a). We therefore affirm the judgment. 2 BACKGROUND The parties Defendant and appellant Downtown LA Motors, LP doing business as Downtown LA Motors Mercedes Benz is an automobile dealership that sells and services MercedesBenz automobiles. Defendant Shammas Automotive Holdings, Inc. is its owner. Those entities are referred to collectively as DTLA. Plaintiffs are a class of 108 automotive service technicians who worked for DTLA between April 2002 and June 2008. DTLA s compensation system DTLA compensates its service technicians on a piece-rate basis, which differs from an hourly wage method in that technicians are paid primarily on the basis of repair tasks completed. Under DTLA s piece-rate system, technicians are paid a flat rate ranging from $17 to $32, depending on the technician s experience, for each flag hour a technician accrues. Flag hours are assigned by Mercedes-Benz to every task that a technician performs on a Mercedes-Benz automobile and are intended to correspond to the actual amount of time a technician would need to perform the task. A DTLA technician who completes a repair task accrues the number of flag hours that MercedesBenz assigns to that task, regardless of how long the technician actually took to complete it. DTLA technicians accrue flag hours only when working on a repair order. DTLA calculates its technicians pay for an 80-hour pay period by multiplying flag hours accrued during that pay period by the technician s applicable flat rate. For example, a technician with a flat rate of $26 who accrued 150 flag hours in a pay period would earn 150 x $26 or $3,900. In addition to tracking a technician s flag hours, DTLA also keeps track of all the time a technician spends at the work site whether or not the technician is working on a repair order. At the end of each pay period, DTLA calculates how much each technician would earn if paid an amount equal to his total recorded hours on the clock multiplied by the applicable minimum wage. DTLA refers to this amount as the minimum wage 3 floor. If a technician s flat rate/flag hour pay falls short of the minimum wage floor, DTLA supplements the technician s pay in the amount of the shortfall.1 Plaintiffs experience Plaintiffs worked eight-hour shifts. During their shifts, plaintiffs were required to remain at DTLA s place of business and had to obtain permission to leave during a shift if they were not working on a repair order. Plaintiffs were also required to clock in when they arrived for work, clock in and out for lunch, and clock out at the end of their shift. Plaintiffs regularly did not have repair work to do because there were not enough vehicles to service. When this occurred, plaintiffs had to remain at work, and those who asked to leave early were told that they needed to stay because customers might come in. Plaintiffs accrued no flag hours during time spent waiting for cars to repair. While waiting for repair work, plaintiffs were expected to perform various non-repair tasks, including obtaining parts, cleaning their work stations, attending meetings, traveling to other locations to pick up and return cars, reviewing service bulletins, and participating in on-line training. They accrued no flag hours while performing these non-repair tasks. The instant lawsuit Plaintiffs filed the instant action against DTLA claiming that DTLA violated California law by failing to pay technicians a minimum wage during their waiting time -periods of time they were on the clock, but waiting for repair orders or performing other non-repair tasks. Plaintiffs also claimed that technicians terminated from employment during the class period were entitled to penalties under Labor Code section 203, subdivision (a) because DTLA had failed to pay these technicians all the wages they were due upon their termination. The trial court denied cross-motions for summary adjudication filed by the parties as to whether DTLA technicians were entitled to a separate hourly pay for waiting time in 1 DTLA also compensates technicians for overtime by taking into account all the time at the work site, including time not spent on a repair order. 4 addition to their flag hour pay and minimum wage floor supplement, and the matter proceeded to a bench trial. The parties presented documentary evidence as well as testimony by class members and expert witnesses regarding the amount of waiting time experienced by class members. Both parties also presented expert testimony as to the amount per pay period that class members either were or were not underpaid. The trial court issued a proposed statement of decision, to which DTLA objected. After hearing argument on those objections, the trial court issued a final statement of decision on June 20, 2011. The trial court ruled in favor of plaintiffs, concluding that California law requires class members to be paid for their waiting time between work on repair orders. The trial court found the testimony of plaintiffs expert to be credible, and adopted that expert s conclusions that plaintiffs experienced waiting time of 1.85 hours per day on average, that the average amount of unpaid compensation for waiting time per plaintiff was $27.76 per day, and that in total, plaintiffs lost the amount of $553,653 in uncompensated time during the class period. The trial court determined that the value of the class s waiting time, including interest, was $1,555,078 and awarded that sum to plaintiffs. The trial court also awarded plaintiffs penalties in the amount of $237,840 under Labor Code section 203, subdivision (a) for DTLA s willful failure to pay all wages owed them at the time their employment was terminated. This appeal followed. DISCUSSION I. Applicable Legal Principles and Standard of Review California s minimum wage requirements are set forth in wage orders promulgated by the Industrial Welfare Commission (IWC), the agency formerly authorized to regulate working conditions in California. (Martinez v. Combs (2010) 49 Cal.4th 35, 54-55.) Although the IWC was defunded in 2004, its wage orders remain in effect. (Soderstedt v. CBIZ Southern California, LLC (2011) 197 Cal.App.4th 133, 145, fn. 1.) 5 Wage orders are quasi-legislative regulations and are construed in accordance with the ordinary principles of statutory interpretation. (Aleman v. Airtouch Cellular (2012) 209 Cal.App.4th 556, 568 (Aleman).) Under those principles, our analysis begins by ascertaining the legislative intent underlying the wage order so that we may adopt the construction that best effectuates the purpose of the law. [Citation.] (Hassan v. Mercy American River Hospital (2003) 31 Cal.4th 709, 715.) To do so, we first examine the words of the wage order as the best indication of legislative intent. (Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1026 (Brinker).) Those words should be given their ordinary and usual meaning and should be construed in their statutory context. (Ibid.) Judicial construction that renders any part of the wage order meaningless or inoperative should be avoided. (Ibid.) If the language of the wage order is clear, it is applied without further inquiry. (Aleman, supra, 209 Cal.App.4th at p. 568.) If the language can be interpreted to have more than one reasonable meaning, a court may consider a variety of extrinsic aids, including the ostensible objects to be achieved, the evils to be remedied, the legislative history, public policy, contemporaneous administrative construction, and the statutory scheme of which the statute is a part. [Citation.] (Id. at pp. 568-569.) State wage and hour laws reflect the strong public policy favoring protection of workers general welfare and society s interest in a stable job market. [Citations.] [Citations.] (Cash v. Winn (2012) 205 Cal.App.4th 1285, 1297 (Cash).) They are therefore liberally construed in favor of protecting workers. As our Supreme Court has stated, [I]n light of the remedial nature of the legislative enactments authorizing the regulation of wages, hours and working conditions for the protection and benefit of employees, the statutory provisions are to be liberally construed with an eye to promoting such protection. [Citations.] (Brinker, supra, 53 Cal.4th at pp. 1026-1027; see also Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103 [given the Legislature s remedial purpose, statutes governing conditions of employment are to be construed broadly in favor of protecting employees ].) 6 A reviewing court determines the meaning of a wage order de novo. (Combs v. Skyriver Communications, Inc. (2008) 159 Cal.App.4th 1242, 1253.) II. Wage Order No. 4 The wage order at issue in this case is Wage Order No. 4-2001,2 commonly known as Wage Order No. 4. Subdivision 4(B) of that wage order provides as follows: Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece, commission, or otherwise. (Cal. Code Regs., tit. 8, § 11040, subd. (4)(B).) Hours worked is defined in subdivision 2(K) of the wage order as the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. (Cal. Code Regs., tit. 8, § 11040, subd. (2)(K).) III. The Parties Contentions DTLA contends its method of compensating technicians complies with the plain language of Wage Order No. 4 because technicians are paid an amount not less than the amount they would have earned had they been paid the applicable hourly minimum wage for all hours worked during a given pay period. DTLA argues that compliance may be achieved by supplementing a technician s piece-rate wages in an amount necessary to cover any shortfall between those wages and the minimum wage floor, or the amount the technician would have earned if paid an hourly minimum wage for all hours on the clock, including waiting time, during a pay period. Plaintiffs and amicus California Employment Lawyers Association3 argue that the plain meaning of the term all hours worked is each and every hour worked and that We refer to Wage Order No. 4-2001 hereinafter as Wage Order No. 4 or simply the wage order. 2 3 We granted applications for leave to file amicus curiae briefs on behalf of plaintiffs by the California Employment Lawyers Association, and on behalf of DTLA by the National Automobile Dealers Association (NADA), the California New Car Dealers 7 technicians should have been separately compensated, at the applicable minimum wage rate, for each and every hour of time spent waiting for repair work. The trial court agreed with plaintiffs and cited Armenta as support for that interpretation. DTLA argues that the trial court s interpretation contravenes the plain language of the wage order, which does not distinguish between waiting time and productive time and does not require an employee paid on a piece-rate basis to be compensated separately for waiting time. DTLA and its amici contend that such interpretation undermines the piecerate compensation system, which is intended to reward technicians for performing repair tasks efficiently. DTLA and its amici further contend Armenta does not and should not apply to piece-rate compensation systems such as the one at issue here and that the trial court erred by awarding plaintiffs penalties under Labor Code section 203. IV. Armenta In Armenta, Division Six of the Court of Appeal, Second Appellate District construed the same language in the same wage order that is at issue here and concluded that it expresses the intent to ensure that employees be compensated at the minimum wage for each hour worked. (Armenta, supra, 135 Cal.App.4th at p. 323, italics added.) The court in Armenta further concluded that the employer s method of averaging employees hours worked in a given pay period in order to compute its minimum wage obligations violated the minimum wage law. The plaintiffs in Armenta were employed by a company that maintained utility poles in rural or remote locations. The company provided the employees with a truck that carried the tools and equipment needed to perform the work in the field, and employees were required to travel in the truck from a central meeting place to the various job sites. (Armenta, supra, 135 Cal.App.4th at p. 317.) Employees time was considered productive if directly related to maintaining utility poles in the field and nonproductive if spent performing other tasks such as traveling to and from a job site, Association, the Alliance of Automobile Manufacturers, and the California Automotive Business Coalition. 8 loading or maintaining vehicles, and attending safety meetings. (Ibid.) Employees were only paid for productive time. The employer argued that its compensation system did not violate state minimum wage laws because under the terms of the employees collective bargaining agreement, it paid hourly wages substantially higher than the applicable minimum wage and total employee compensation exceeded the product of total hours worked (both paid and unpaid) and the minimum wage, resulting in an average hourly rate that was higher than the applicable minimum wage. (Armenta, supra, 135 Cal.App.4th at p. 319.) The court in Armenta ruled that the employer had violated the minimum wage law by not compensating employees for travel time and for time spent on daily paperwork. (Id. at p. 320.) As support for its ruling, the Armenta court cited a January 29, 2002 opinion letter issued by the Division of Labor Standards Enforcement (DLSE)4 as persuasive reasoning why, under California law, the employees were entitled to compensation for all hours worked. (Armenta, supra, 135 Cal.App.4th at pp. 319-320.) In the opinion letter, the DLSE acknowledged that the minimum wage law is susceptible to two divergent interpretations, as espoused by the parties in Armenta and by the respective parties in the instant case: 1) that the obligation to pay minimum wages attaches to each and every separate hour worked during the payroll period, and that payment must be made for all such hours on the established payday, or 2) that the obligation to pay minimum wages for the total number of hours worked in the pay period is determined backwards from the date that any payment is due, without considering any hour (or part of any hour) in isolation. (Ibid.) The DLSE endorsed the former interpretation, requiring payment of the minimum wage for each and every separate hour worked. (Ibid.) The DLSE noted that although federal courts had consistently applied the latter interpretation, significant The DLSE is the state agency empowered to enforce California s wage and hour laws, including IWC wage orders. (Lab. Code, §§ 21, 61, 95, 98-98.7, 1193.5; Tidewater Marine Western, Inc. v. Bradshaw (1996) 14 Cal.4th 557, 561-562 (Tidewater).) 4 9 differences between federal and California labor laws required a different approach in California. (Ibid.) The court in Armenta agreed with the DLSE, and distinguished federal case authority applying an averaging formula to assess minimum wage violations. Among the cases distinguished was a California federal district court decision, Medrano v. D Arrigo Bros. Co. (N.D.Cal. 2004) 336 F.Supp.2d 1053 (Medrano), in which agricultural workers who were compensated on a piece-rate basis brought a class action against their employer seeking recovery of minimum wages due for travel time to the fields. The federal district court in Medrano held that the employer complied with the minimum wage requirements so long as a worker was paid no less than the sum the worker would have been paid during the pay period had the employer paid the minimum wage multiplied by total hours worked, including waiting and travel time. (Armenta, supra, 135 Cal.App.4th at p. 322.) The court in Armenta found federal authorities such as Medrano to be of little assistance in construing California laws and regulations that differed substantially in both language and intent from federal minimum wage laws. (Armenta, at p. 323.) The Armenta court then undertook a comprehensive analysis of Wage Order No. 4 and concluded that [t]he averaging method utilized by the federal courts for assessing a violation of the federal minimum wage law does not apply here. (Ibid.) The Armenta court focused first on the language of the wage order, noting that it differ[ed] significantly from the Federal Labor Standards Act. (Armenta, supra, 135 Cal.App.4th at p. 323.) For example, subdivision 4(B) of Wage Order No. 4 requires payment of the minimum wage for all hours worked whereas the federal statute requires payment of minimum wage to employees who in any work week are engaged in commerce. (Armenta, at p. 323, italics added.) The federal language referring to payment in any work week, the Armenta court reasoned, allows an employer to average an employee s total pay over an entire work week. In contrast, the California wage order s emphasis on hours worked reflected the intent to ensure that employees be compensated at the minimum wage for each hour worked. (Ibid., italics added.) 10 After parsing through the regulatory language, the Armenta court next considered the wage order in the context of the statutory framework as a whole. The court noted that Labor Code sections 221, 222, and 223 require an employer to pay all employee hours at either the statutory or agreed rate and prohibit an employer from using any part of that rate as a credit against its minimum wage obligation.5 (Armenta, supra, 135 Cal.app.4th at p. 323.) The court concluded that allowing the employer to average its employees compensation over their total hours worked contravenes these code sections by effectively reducing the employees contractual rate of compensation. (Ibid.) The court then compared California s minimum wage rate with the federal rate and found California law to be more protective of minimum wage employees. On that basis, the court found a clear legislative intent to protect the minimum wage rights of California employees to a greater extent than federally. (Armenta, supra, 135 Cal.App.4th at p. 324.) Finally, the court in Armenta considered the policies underlying California s minimum wage law and regulations which reflect a strong public policy in favor of full payment of wages for all hours worked. (Armenta, supra, 135 Cal.App.4th at p. 324.) Given that public policy, the court concluded that a method of averaging all hours worked in any work week to compute an employer s minimum wage obligation under California law is inappropriate. (Ibid.) The court in Armenta held that use of such an averaging method to determine an employer s minimum wage obligation violates Labor Code section 221 provides: It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee. Labor Code section 222 provides: It shall be unlawful, in case of any wage agreement arrived at through collective bargaining, either willfully or unlawfully or with intent to defraud an employee, a competitor, or any other person, to withhold from said employee any part of the wage agreed upon. And Labor Code section 223 provides: Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract. 5 11 California law and that [t]he minimum wage standard applies to each hour worked by [the employees] for which they were not paid. (Ibid.) V. Armenta s Applicability to the Instant Case A. The plain language of Wage Order No. 4 covers piece-rate compensation The court in Armenta construed Wage Order No. 4 to preclude an employer from averaging an employee s compensation over the total number of hours worked to determine compliance with minimum wage obligations. The principal argument advanced by DTLA and its amici is that Armenta concerned only hourly employees and the Armenta court s construction of Wage Order No. 4 should not be applied to workers who are compensated on a piece-rate basis. But this argument requires a construction that is contrary to the plain language of the wage order. By its terms, Wage Order No. 4 does not allow any variance in its application based on the manner of compensation. Subdivision 1 of the wage order states that subject to exceptions that are not applicable here: This order shall apply to all persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis. (Cal. Code Regs., tit. 8, § 11040, subd. 1, italics added.) Subdivision 4(B) similarly requires uniform application of the minimum wage requirements regardless of how an employee is paid: Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece, commission, or otherwise. (Cal. Code Regs., tit. 8, § 11040, subd. (4)(B), italics added.) That DTLA compensated its technicians on a piece-rate basis is not a valid ground for varying either the application or interpretation of the wage order. B. Federal courts have applied Armenta to piece-rate workers DTLA s attempt to limit Armenta to hourly workers has been rejected by federal district courts applying California s minimum wage law. (See, e.g., Cardenas v. McLane Foodservices, Inc. (C.D.Cal. 2011) 796 F.Supp.2d 1246 (Cardenas); Carillo v. Schneider Logistics, Inc. (C.D.Cal. 2011) 823 F.Supp.2d 1040.) Of these federal cases, Cardenas is 12 instructive as it involved truck drivers who were paid on a piece-rate basis and who claimed their employer failed to compensate them for time spent each day waiting for customers and performing pre- and post-shift duties such as conducting vehicle inspections and safety checks and picking up keys and manifests. (Cardenas, supra, 796 F.Supp.2d at p. 1249.) The employer argued that it paid the truck drivers substantially more than the minimum wage for all their working hours and that Armenta should not apply because that case did not involve a piece-rate compensation system. The Cardenas court rejected this distinction, stating: Though Armenta did not involve a piece-rate formula, and involved an employer who violated an explicit agreement, those distinctions do not detract from the decision s holding that [t]he averaging method used by the federal courts for assessing a violation of minimum wage law does not apply to California law-based claims. (Cardenas, supra, at p. 1252.) The Cardenas court then held that a piece-rate formula that does not compensate directly for all time worked does not comply with California Labor Codes, even if, averaged out, it would pay at least minimum wage for all hours worked. (Ibid.) Like the court in Cardenas, we find the court s reasoning in Armenta to be equally applicable to employees compensated on a piece-rate basis. C. Aleman does not compel a different result DTLA contends that our decision in Aleman supports its position that an employer may satisfy its minimum wage obligations by ensuring that an employee s overall wages reach a certain threshold amount. Aleman is inapposite. That case concerned split shift workers and the subdivision of Wage Order No. 4 applicable to such workers (subdivision 4(C), rather than 4(B), the subdivision applicable here). Our decision in Aleman did not address the Armenta court s interpretation of subdivision 4(B) of the wage order, nor did it validate the interpretation advanced by DTLA. D. The absence of a collective bargaining agreement is not a valid basis for distinguishing Armenta DTLA argues that the Armenta court s interpretation of Wage Order No. 4 should not apply here because the court s reasoning was premised in part on Labor Code 13 sections 221, 222, and 223, which are inapposite to the instant facts. Those statutory provisions do not apply, DTLA maintains, because it did not collect or receive any previously paid wages from its employees, it does not have a collective bargaining agreement or any other agreement setting a wage rate higher than the minimum hourly wage, and it did not secretly pay a lower amount than promised to its technicians. Labor Code sections 221, 222, and 223 govern an employer s obligation to pay wages, a term that is defined to include piece-rate compensation as well as hourly pay.6 Averaging piece-rate wages over total hours worked results in underpayment of employee wages required by contract under Labor Code section 223, as well as an improper collection of wages paid to an employee under Labor Code section 221, as illustrated by the following example: a technician who works four piece-rate hours in a day at a rate of $20 per hour and who leaves the job site when that work is finished has earned $80 for four hours of work. A second technician who works the same piece-rate hours at the same rate but who remains at the job site for an additional four hours waiting for customers also earns $80 for the day; however, averaging his piece-rate wages over the eight-hour work day results in an average pay rate of $10 per hour, a 50 percent discount from his promised $20 per hour piece-rate. The second technician forfeits to the employer the pay promised by statute under Labor section 223 because if his piece-rate pay is allocated only to piece-rate hours, he is not paid at all for his nonproductive hours. The DLSE applied this same analysis in the January 29, 2002 opinion letter that the court in Armenta found persuasive: [A]ll hours for which the employees are entitled to an amount equal or greater than the minimum wage pursuant to the provisions of the CBA [collective bargaining agreement] or other contract must be compensated precisely in accordance with the provisions of the CBA or contract; and all other hours (or parts of hours) which the CBA or contract explicitly states Labor Code section 200 provides in part: As used in this article: [¶] (a) Wages includes all 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. 6 14 will be paid at less than the minimum age, but which constituted hours worked under state law, must be compensated at the minimum wage. Averaging of all wages paid under a CBA or other contract, within a particular pay period, in order to determine whether the employer complied with its minimum wage obligations is not permitted under these circumstances, for to do so would result in the employer paying the employees less than the contract rate for those activities which the CBA or contract requires payment of a specified amount equal to or greater than the minimum wage, in violation of Labor Code [sections] 221-223. (Cal. Div. of Labor Standards, Hours of Work for Public Transit Employees Required to Start and End Their Shifts at Different Locations (Jan. 29, 2002), p. 11.)7 The foregoing analysis is not limited to collective bargaining agreements, as DTLA suggests. It applies whenever an employer and employee have agreed that certain work will be compensated at a rate that exceeds the minimum wage and other work time will be compensated at a lower rate. (Ibid.) E. The Armenta court s interpretation is not inconsistent with California s method for calculating overtime for piece-rate employees DTLA s amici argue that the Armenta court s prohibition against averaging should not be applied to piece-rate workers because doing so would conflict with statutorily authorized methods for calculating overtime for such workers. They cite Labor Code section 510 and section 18.104.22.168 of the DLSE Enforcement Policies and Interpretations Manual (Revised) (DLSE Manual), as support for the position that piece-rate pay alone fully compensates employees for all hours worked and as authorization for averaging an 7 NADA cites pre-2002 DLSE interpretive bulletins that allowed averaging piecerate pay over total hours worked to determine compliance with minimum wage obligations as historical guidance on the issue and as support for such averaging now. Interpretive policies contained in earlier DLSE manuals have no persuasive value and are entitled to no deference (Tidewater, supra, 14 Cal.4th at p. 572; Cash, supra, 205 Cal.App.4th at p. 1302), especially if they conflict with a subsequently issued DLSE opinion letter that reasonably interprets a wage order. (See Cash, at p. 1302.) Equally unpersuasive is DTLA s reliance on IWC proceedings in 1951 concerning proposed amendments to a different wage order applicable to piece-rate agricultural workers. 15 employee s piece-rate compensation over total hours worked when assessing compliance with minimum wage requirements. Neither Labor Code section 510 nor section 188.8.131.52 of the DLSE Manual validates the type of averaging DTLA and its amici advocate. Labor Code section 510 requires employees to be paid not less than one and one-half times their regular rate of pay for all hours worked in excess of eight in a day or 40 in a work week. The regular rate of pay in a piece-rate system is calculated by dividing the employee s total earnings for the week, or in the alternative, to pay one and one-half times the employee s piece-rate for all overtime hours. (DLSE Manual, § 126.96.36.199.)8 Neither Labor Code section 510 nor the DLSE Manual limits total earnings to piece-rate compensation only. Rather, section 188.8.131.52 of the DLSE Manual, which specifies what must be included in calculating the regular rate of pay, states that [a]ny sum paid for hours worked must, of course, be included in the calculation. That calculation accordingly may include both piece-rate pay and waiting time pay. Paying plaintiffs for their waiting time, as the trial court required here, is not inconsistent with the method specified in the DLSE Manual for calculating overtime. The DLSE method for calculating overtime for piece-rate workers does not determine whether the piece-rate alone lawfully compensates an employee for all hours worked. That method does not specify what amounts must be included in an employee s total earnings. The trial court in this case concluded that such earnings, for purposes of Section 188.8.131.52 of the DLSE Manual provides in relevant part: Either of the following two methods can be used to determine the regular rate for purposes of computing overtime compensation: [¶] 1. Compute the regular rate by dividing the total earnings for the week, including earnings during overtime hours, by the total hours worked during the week, including the overtime hours. For each overtime hour worked, the employee is entitled to an additional one-half the regular rate for hours requiring time and one-half and to an additional full rate for hours requiring double time. This is the most commonly used method of calculation. [¶] 2. Using the piece or commission rate as the regular rate and paying one and one-half times this rate for production during overtime hours. This method is rarely used. 8 16 determining compliance with minimum wage requirements, should include not less than the minimum wage for waiting time hours not compensated by the piece-rate. F. DLSE enforcement policies do not support DTLA s position DTLA and its amici next claim that the DLSE s enforcement policies state that a piece-rate employer need not pay an employee for non-productive time unless the employer affirmatively directs the employee to perform non-piece-rate work. They argue that because plaintiffs were not idle as a result of DTLA s direction, DTLA was not required to compensate plaintiffs for the time they spent waiting for vehicles to repair. They cite the following sections of the DLSE Manual as support for this position: 47.7 All Hours Must Be Compensated Regardless of Method Used in Computation. DLSE has opined that employees must be paid at least the minimum wage for all hours they are employed. Consequently, if, as a result of the directions of the employer, the compensation received by piece rate or commissioned workers is reduced because they are precluded, by such directions of the employer, from earning either commissions or piece rate compensation during a period of time, the employee must be paid at least the minimum wage (or contract hourly rate if one exists) for the period of time the employee s opportunity to earn commissions or piece rate. 47.7.1 As an example, if piece rate workers are required to attend a meeting during which, of course, they would not be able to earn compensation at the piece rate, the employer would be required to pay those workers at least the minimum wage (or the contract hourly wage, if one exists) during such period. (For discussion of the legal rationale underlying this enforcement policy, see [Opinion Letter] 2002.01.29). The record shows that the time plaintiffs spent during their work shifts performing non-piece-rate tasks were at DTLA s direction. Plaintiffs were not allowed to leave DTLA s premises while waiting for vehicles to repair but were expected to perform various non-repair tasks such as cleaning their work areas, obtaining parts, participating in on-line training, and reviewing service bulletins. All of these tasks were at the direction of the employer. Time spent waiting for vehicles to repair was also at the direction of the employer because DTLA required plaintiffs to remain at work even if there were no vehicles to repair. 17 G. DTLA s remaining arguments do not compel a reversal of the judgment DTLA s amici argue that the prohibition against averaging compensation across all work hours should not apply to piece-rate compensation systems because piece-rate employees can increase their regular rate of pay by working longer hours. The presumption that plaintiffs in this case could maximize their income by performing piecerate work throughout the day is belied by the record, which shows that plaintiffs spent a significant amount of time doing other work or waiting for customers. The trial court credited evidence that plaintiffs spent, on average, four-tenths of an hour each day waiting for cars to repair during the period from April 2002 to July 2008 and nearly two hours per day waiting for cars to repair in later time periods. DTLA and its amici argue that affirming the judgment in this case will require piece-rate employers to pay additional hourly wages for every mandatory rest break, will have far-reaching negative consequences on all incentive compensation systems in California, including commission payment plans, and will open the floodgates to litigation challenging incentive-based compensation systems. The instant case concerns minimum wage obligations for time spent by a piece-rate employee waiting for vehicles to repair and performing non-piece-rate tasks directed by the employer. The trial court did not address, and we do not consider, any obligation with respect to mandatory rest breaks. The instant case concerns only automotive service technicians compensated on a piece-rate basis. We do not address or consider employees who are compensated under commission payment plans or any other incentive-based compensation systems. Affirming the judgment in the instant case will not, as DTLA claims, undermine its technicians ability and incentive to earn more than the minimum wage. Under DTLA s flag hour system, technicians earn significantly more by working on cars than waiting for vehicles to repair. They will still have the financial incentive to accrue flag hours in order to increase their earnings. VI. Penalties Under Labor Code Section 203 Penalties under Labor Code section 203 are properly awarded when an employer willfully fails to pay an employee all wages owed at the times specified in Labor Code 18 section 201, for discharged employees, and in Labor Code section 202, for employees who quit. (Lab. Code, § 203, subd. (a).) [T]o be at fault within the meaning of [section 203], the employer s refusal to pay need not be based on a deliberate evil purpose to defraud workmen of wages which the employer knows to be due. As used in section 203, willful merely means that the employer intentionally failed or refused to perform an act which was required to be done. [Citation.] A good faith belief in a legal defense will preclude a finding of willfulness. [Citation.] (Armenta, supra, 135 Cal.App.4th at p. 325.) A trial court s finding of willfulness under Labor Code section 203 is reviewed for substantial evidence. (Amaral v. Cintas Corp. No. 2 (2008) 163 Cal.App.4th 1157, 1201.) DTLA challenges the $237,840 in waiting time penalties awarded under Labor Code section 203 as improper because the award conflicted with the trial court s finding, made in connection with its denial of plaintiffs claim for liquidated damages, that DTLA s actions were taken in good faith and with a reasonable basis for believing the actions were not in violation of the law. DTLA did not object to the portion of the trial court s statement of decision regarding penalties under Labor Code section 203. Absent such an objection, we make all implied findings necessary to support the trial court s penalty award. (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133.) There is substantial evidence in the record to support an implied finding of willfulness. Although DTLA stated that its policy was to supplement its technicians pay when flag hour compensation fell below the minimum wage floor, there was evidence that DTLA did not always follow this policy. DTLA s expert witness testified that he reviewed technicians pay records and found instances when DTLA failed to cover shortfalls between piece-rate wages and the minimum wage floor. DTLA s failure to do so was a sufficient basis for the imposition of penalties under Labor Code section 203. The trial court accordingly did not err by awarding such penalties. 19 DISPOSITION The judgment is affirmed. Plaintiffs are awarded their costs on appeal. _____________________________, J. CHAVEZ We concur: _____________________________, P. J. BOREN _____________________________, J. ASHMANN-GERST 20 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO OSCAR GONZALEZ et al., B235292 Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. BC350769) v. ORDER FOR PUBLICATION DOWNTOWN LA MOTORS, LP et al., Defendants and Appellants. THE COURT:* The opinion in the above entitled matter filed on March 6, 2013, was not certified for publication. For good cause it now appears that the opinion should be published in the Official Reports and it is so ordered. *BOREN, P. J., ASHMANN-GERST, J., CHAVEZ, J. 21


text:
Mr. Coolidge's Week
¶ The President wrote to President Herbert Hoover of the American Child Hygiene Association: "I am confident that the people will be glad to make May Day the occasion of rededicating themselves to the happy task of safeguarding our most precious assetour 35,000,000 children."
¶ A Coolidge cat, scratched by an embattled squirrel on the White House lawn, was a patient at the Walter Reed Hospital. Rob Roy, Mrs. Coolidge's white collie, was sent to the same hospital for skin treatment.
¶ Upon Thomas W. Woodlock, of Manhattan,...
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The Cleveland FBI office is stepping up efforts in its search for the former Taupa Lithuanian Credit Union CEO Alex Spirikaitis, releasing a new photo of him without his goatee.
It has an endless supply of funding: your credit union's money.
Feds step up efforts to find CEO charged with embezzling in the failure of Taupa Lithuanian Credit Union in Cleveland.
As of July 18, former Taupa Lithuanian Credit Union CEO Alex Spirikaitis was still at large after a police came up empty after standoff at his suburban Cleveland home. Authorities turned to the public, asking for assistance in his capture.
It's official. Richard Cordray is the director of the CFPB.
Alex Spirikaitis, former CEO of the liquidated Taupa Lithuanian Credit Union in Cleveland, is still a fugitive, but FBI promises his capture.
The CFPB could be a great danger to credit unions, which it has already demonstrated with a number of regulations, including new mortgage rules.
FBI says Taupa Lithuanian Credit Union case may involve more than one suspect, details charges.
CLEVELAND — An armed security guard stood behind a glass door of the credit union office in a non-descript brick building on Cleveland's east side.
Authorities now uncertain CEO of failed Taupa Lithuanian CU was home when they attempted to arrest him on fraud charges.