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Wage and Hour Laws
A decision by the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Louisiana, Mississippi, and Texas) illustrates and exacerbates the utter and unwarranted morass into which the calculation of overtime pay has descended in so-called "failed exemption" cases under the federal Fair Labor Standards Act. The proper application of the law is ill-served by perpetuating or acquiescing in the topic's equivalent of urban myths.
In Black v. SettlePou, the issue arose in the context of a ruling that a law firm's employee had been unlawfully treated as exempt from the FLSA's overtime requirement. The court did not distinguish itself in reversing an erroneous ruling justifiably but via a flawed and unnecessary rationale. Understanding why this is so requires a little background.
Fundamental Concepts
As have numerous others, the SettlePou court first addressed the "fluctuating-workweek" method of complying with the FLSA's overtime requirement (discussed by the U.S. Labor Department at 29 C.F.R. § 778.114). We have summarized fluctuating-workweek principles elsewhere.
Many courts have applied Section 778.114 in these situations, whereas for varying reasons some have not. But no matter how many courts have engaged in that analysis, and to whatever result they have done so, it remains the case that Section 778.114 has nothing whatsoever to do with the computation of overtime damages in these disputes. As the Seventh Circuit correctly observed in Urnikis-Negro v. American Family Property Services, Section 778.114 is "forward looking" and consequently "says nothing about how a court is to calculate damages where . . . an employer has breached its obligation to pay the employee an overtime premium."
The task requires nothing more than correctly determining the overtime "regular rate" of pay under basic FLSA principles. This involves the uncomplicated arithmetic of dividing the employee's total straight-time compensation for a workweek by the total number of hours worked for which that compensation was paid.
When a salary is paid to compensate all hours worked, the salary itself is the "one" of "one and one-half". FLSA overtime premium is therefore figured at one-half of the rate obtained by dividing the weekly salary by all of the workweek's hours worked. The U.S. Supreme Court embraced this approach for salaried employees in those circumstances more than 70 years ago in Overnight Motor Transportation Co. v. Missel, before Section 778.114 even existed.
When a salary is instead paid to compensate only 40 hours in a workweek, the regular rate is figured by dividing the weekly salary by 40. This scenario necessarily means that the individual has received neither overtime premium nor straight-time pay (i.e., neither "one" nor "one-half") for hours worked over 40 in a workweek. The employee is therefore due FLSA wages for those hours at 1.5 times the regular rate.
There are other variations on this theme. For example, a salary might also be paid to compensate some but not all hours worked over 40 in a workweek. In this situation, the correct multiplier is one-half of the regular rate for the compensated hours and 1.5 times that rate for the ones that the salary does not compensate.
Needless Complication
Against this backdrop, the SettlePou concurrence's final paragraph reveals that the court's back-pay discussion consists almost entirely of dictum (including some that is incorrect). We learn there of the parties' stipulation at trial "that the weekly wage [said to be $1,153.77] was paid for only 40 hours." This fact standing alone completely resolved the back-pay question, rendering superfluous most of the eight-plus pages devoted to the matter.
The stipulation meant that Black's regular rate for an overtime workweek was a non-fluctuating ($1,153.77 ÷ 40 hrs.) = $28.85 (although inexplicably the parties also stipulated that the rate produced was $28.89). Black was therefore due 1.5 times this rate for her over-40 hours. Issue closed.
But the court nevertheless went on to:
♦ Misconstrue the question as being whether the lower court erred in supposedly applying "the 'Fluctuating-Workweek' (FWW) method by . . . multiplying . . . overtime hours . . . by one-half of [Black's] regular rate of pay."
What the court referred to as "FWW" is a way to compute the regular rate itself, from which the required overtime multiplier logically follows. "FWW" is not some talismanic dispensation to pay half-time premium rather than what the court characterized as a "standard" time-and-one-half calculation. For one thing, "FWW" does result in "standard" overtime pay at a rate of not less than 1.5 times the regular rate. More to the point, the lower court's having computed overtime damages at one-half of the stipulated 40-hour-derived rate represented neither "FWW" nor the proper application of the FLSA regular-rate principles in any other form;
♦ Engage in a confused and confusing discussion disavowing Section 778.114 as being remedial but thereafter continuing to speak of "FWW" in ways that are already contributing to continued misapprehension on this score;
♦ Explore whether Black had explicitly "agreed" to "FWW", saying that Missel purportedly requires this.
With all respect to the court, it is simply not so that Missel "direct[s]" that "the FWW method may only be applied to calculate overtime premiums when there is a contractual agreement between the employer and the employee that the employee will be paid a fixed weekly wage for hours that fluctuate from week to week."
First, it is highly doubtful that any such supposedly-necessary "contractual agreement" was present even in Missel itself, notwithstanding that terms like "contract" and "employment contract" appeared in the three opinions. Moreover, while a "contractual agreement" to that effect would call for the Missel approach, nothing in Missel says or even implies that only a "contractual agreement" does so. This is unsurprising in light of Missel's citation to USDOL's 1940 Interpretative Bulletin No. 4 (link to reproduction below), which said not a word about a "contractual agreement", "contract", "agreement", "understanding", "clear mutual understanding", or any other such thing in this regard.
The Bottom-Line
Getting drawn down the rabbit-hole of "FWW", the inapplicable Section 778.114, and sophistries about Missel will only prolong the current chaos, as will failing to refute the erroneous premises of a number of court rulings to date. Advocates can dispel the murk surrounding these matters only by clearly, carefully, consistently, confidently, and rigorously articulating and advancing the straightforward FLSA principles.
Excerpt From Interpretative Bulletin No. 4 (November 1940).pdf (337.91 kb)
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Litigation | Overtime Compensation | Remedies
We reported in April and May about the fast-tracked "Working Families Flexibility Act of 2013" passed in the U.S. House of Representatives. This measure proposes to amend the federal Fair Labor Standards Act to permit private-sector employers to offer compensatory time off in lieu of monetary overtime compensation.
In recent days, an analogous proposal was introduced in the Senate by Minority Leader Mitch McConnell (R-Ky.). As of this writing, Senate Bill 1626 has not been printed by the Government Printing Office. However, early accounts indicate that it mirrors the House's version, with a significant difference.
Senator McConnell's bill is said also to permit private employers to implement a flexible credit-hour program. Under such a "flex plan", an employee who works beyond his or her scheduled hours apparently could accrue time off to be taken later. This provision is reportedly included to provide a way for employees who do not work more than 40 hours in a workweek to accumulate paid-time-off nonetheless.
Our surmise still is that proponents of such measures are putting them on the table in anticipation of a looming attempt to raise the FLSA's minimum wage. This latest development could mean that efforts to enact such an increase are about to heat-up.
Exemptions And Exceptions | Legislation | Overtime | Overtime Compensation
Employers sometimes pay workers more than the federal Fair Labor Standards Act requires. Of course, some do so as a matter of choice.
However, in other situations, this happens because management misunderstands what its legal obligations are. Among the potentially expensive misconceptions about the FLSA's principles are:
♦ "Paid Time Off Must Be Counted As Hours Worked."
The FLSA does not compel employers to treat paid time off as worktime (provided that the employee is in fact not performing any work, including not being "engaged to wait"). For instance, assume that Barb works 36 hours on Monday through Thursday of her Monday-through-Sunday workweek. She performs no work of any kind on Friday, because it is a holiday. Under ABC Corporation's holiday policy, she receives pay for that holiday equal to eight hours times her normal hourly rate. She does no other work in the workweek.
ABC Corporation is not required to treat Barb's eight holiday hours as FLSA worktime, so under that law she has worked only 36 hours – not (36 + 8) = 44 hours. In other words, even though she is paid for 44 hours (36 hours worked, plus 8 unworked holiday hours), none of those hours has to be paid for at FLSA overtime rates.
♦ "Employees Must Be Allowed To Work Their Full Schedules."
Nothing in the FLSA prevents an employer from reducing the hours worked in a workday or workweek, or from sending employees home before they have worked their usual schedules. This is lawful under the FLSA, even if it is done in the interests of reducing the amount of work performed so as to avoid paying any overtime wages.
As an illustration, suppose that ABC Corporation's non-exempt employees have already worked 36 hours each on Monday through Thursday of their Monday-through-Sunday workweek. If they work a full eight-hour schedule on Friday for a total of 44 hours worked in the workweek, the FLSA overtime pay due for the four overtime hours will be more than the budget can stand. Management sends each employee home after he or she has worked no more than four additional hours on Friday, and the employees perform no other work in the workweek, such that no employee has worked more than 40 hours in the workweek. This is perfectly acceptable under the FLSA.
♦ "An Employee Must Be Paid The Same Rate For Each Kind Of Work."
This is not so; the FLSA permits employers to assign different hourly rates (of not less than its minimum wage) to different kinds of work. Naturally, this may not be done in a way that has the purpose or effect of unlawfully evading the FLSA's overtime requirements. See, e.g., 29 C.F.R. Part 778, Subpart F.
Consider this example: Each Sunday afternoon, Construction Company's equipment operators are required to drive themselves and their tools and heavy equipment to the location at which they will perform their work beginning on Monday morning. Management knows that this Sunday activity counts as compensable worktime under the FLSA, but it does not want to pay the operators their same high hourly rates for this work. The FLSA permits Construction Company to pay a lower hourly rate of not less than the minimum wage for the Sunday work.
The Bottom Line
It is wise to take a fresh look periodically to ensure that compensation practices are not unintentionally pushing wage costs higher than is legally necessary under the FLSA. Of course, employers must also consider whether other, non-FLSA limitations restrict their alternatives, such as the requirements of another applicable law or of a union contract.
Compensation Generally | Compliance | Hours Worked | Overtime Compensation | Paid Leave | Pay Plans
A recent $4 million settlement between the U.S. Labor Department and a Texas healthcare employer highlights a recurring overtime issue under the federal Fair Labor Standards Act. USDOL reported that Harris Health System has agreed to rectify alleged violations arising largely from failing to compute overtime wages on various kinds of incentive compensation paid to non-exempt employees. USDOL's press release provided no details with respect to the kinds of additional pay involved. The Basic Principles Overtime compensation for employees subject to the FLSA's overtime provisions must be based upon the "regular rate" of pay. The regular rate is normally determined by dividing the total wages paid for a workweek by the total hours worked in that workweek for which those wages are paid. This calculation must include "all remuneration for employment" paid to or on behalf of a non-exempt employee, subject only to limited exceptions. Overtime premium must therefore be computed and paid on most commissions, bonuses, shift-differentials, retroactive pay increases, good-attendance or longevity payments, and many other sorts of compensation far too numerous to list. If the employer does not take all includable compensation into account in figuring overtime pay, then the worker has received less than the FLSA-required wages. An Illustration The Big Corporation pays a $500 bonus to each non-exempt employee who achieves an average Customer Satisfaction Rating of at least 95% for an Evaluation Period consisting of four complete workweeks. Annie does this for an Evaluation Period in which she worked 42 hours in one of the workweeks, 50 hours in another one, and 40 hours in the others. Annie is paid on an hourly basis, and she has already received her proper overtime wages due at her hourly rate for the two overtime workweeks. Paying Annie only the $500 would not comply with the FLSA; she is also due overtime premium pay on the bonus. Her total bonus-related payment comes to: ($500 Bonus ÷ 4 Workweeks) = $125 Workweek-Equivalent Bonus
[($125 ÷ 42 hrs.) × ½ × 2 OT hrs.] = $2.98 OT Premium Pay
[($125 ÷ 50 hrs.) × ½ × 10 OT hrs.] = $12.50 OT Premium Pay
($500 + $2.98 + $12.50) = $515.48. Annie's FLSA overtime premium is figured at one-half of her regular rate, because the underlying bonus represents the "one" of "one and one-half". Note that, contrary to what is often said of such situations, it is not necessary to go back and "recalculate" anything in order to do as the FLSA requires. Instead, because Annie has already been paid the proper overtime compensation on her hourly-based wages, her employer need only figure the overtime premium due on the bonus itself.
The Bottom Line Employers should ensure that all compensation for work either is properly included in computing FLSA overtime for non-exempt employees or may lawfully be excluded from that calculation.
Overtime Compensation | Pay Plans
Last month's "Fuzzy Thinking" post mentioned Sisson v. RadioShack Corp., in which a lower federal court in Ohio deferred to the U.S. Labor Department's 2011 allegation that paying performance bonuses is purportedly "incompatible" with a fluctuating-workweek compensation plan under the federal Fair Labor Standards Act. Finding that the issue is a novel one, the court has now granted RadioShack's request to put the case on hold and to allow an immediate review by the Sixth Circuit U.S. Court of Appeals (copy of ruling linked below).
In so doing, the court referred to its own "struggles" with both the underlying issue and the matter of what deference is due USDOL's commentary (which the court again mischaracterized as a "Final Rule"). The court saw the resolution of the incompatibility notion as being determinative, in part because accepting USDOL's comments supposedly means that the plaintiffs "would be entitled to additional overtime pay."
For reasons we discussed last month and in prior posts, applying FLSA first-principles to specific facts and computations will quickly reveal that USDOL's statements are incorrect. Instead of considering real calculations, the lower court had continued to approach the matter as a legal abstraction. Perhaps arguments before the Sixth Circuit will include actual, illustrative calculations to demonstrate once and for all that paying performance bonuses to fluctuating-workweek employees does not mean that they become "entitled to additional overtime pay" on their salaries.
But the Sixth Circuit is not required to hear any appeal before the case has been concluded in the lower court. The procedure that RadioShack has invoked leaves this to the Circuit's discretion.
Sisson v. RadioShack Order.pdf (26.68 kb)
Compliance | Government Enforcement | Overtime Compensation | Pay Plans
In 2011, the U.S. Labor Department did its best to discourage the use of fluctuating-workweek pay plans under the federal Fair Labor Standards Act. It undertook this in a grab-bag release collectively titled "Final Rule", which also dealt with numerous FLSA matters unrelated to fluctuating-workweek plans. In accompanying remarks in the preamble to this document, USDOL said that these plans are supposedly "incompatible" with the payment of bonuses or comparable sums.
We wrote at the time about the fluctuating-workweek concept and the "Final Rule"; we will not repeat that content here. We continue to believe USDOL's statements to be legally unfounded, non-binding, and unworthy of deference by any judge. Even so, our expectation that its views would be urged upon the courts by private litigants has come to pass.
This means that it is more important than ever to be clear-headed and articulate in opposing the proliferation of USDOL's muddled misconception, and it is imperative not to exacerbate the situation. Some recurrent commentary by employer advocates is cause for concern on both fronts.
USDOL's View Is Not A "Rule"
Some authors' recent references to USDOL's remarks as a "rule" perpetuate a perilous misconception. The agency's views merely appeared in its explanation of why it declined to clarify the relevant interpretation in the way that the Bush administration had earlier put forward. The interpretation itself was not revised to include USDOL's 2011 remarks in this regard, and it does not contain them to this day. That USDOL's sentiments appeared between the covers of a document bearing the words "Final Rule" fails to grant them a status they do not otherwise possess.
Moreover, recall what actually occurred: In 2008, the Bush USDOL proposed the very clarification that the Obama USDOL said in 2011 that it opposed. This one-administration-to-the-next flip-flop by USDOL is further reason to reject any characterization of the 2011 statements as a "rule" and any contention that they are due any weight whatsoever. "Gyrations" of this kind have not fared well. See, e.g., Sandifer v. United States Steel Corp., 678 F.3d 590, 598-599 (7th Cir. 2012), cert. granted (February 19, 2013)(giving no weight to USDOL's back-and-forth views on an FLSA provision where the positions seemed mainly to reflect which political party occupied the White House).
The situation is further objectionable given that USDOL had divined no bonus-"incompatibility" concept in the 72 years preceding its remarks, as an investigator of nearly four decades confirms. Even now, official USDOL material of recent vintage contradicts this purported "incompatibility". USDOL's attempt to promote its unprecedented view in an area of longstanding interpretation without advance warning or prior discussion is reason enough to reject it. See Mortgage Bankers Association v. Harris, No. 12-5246 (D.C. Cir., July 2, 2013)(significant change in definitive interpretation requires prior notice and comment).
Earlier this year, an Ohio federal judge characterized and deferred to USDOL's statements as a "Final Rule" (and inexplicably as a "Final Ruling") in Sisson v. RadioShack. The court's decision is unfortunate, but it is also misguided and mistaken (in this way and in others), and some other judges have seen things differently. See, e.g., Switzer v. Wachovia Corp., 2012 BL 215684 (S.D. Tex. 2012)(not discussed in, or even cited in, Sisson). In any event, Sisson is not cause for employer advocates to accept or refer to the bonus-incompatibility proposition as somehow having been established.
Why 1.5 Times A 40-Hour Rate?
And even if fluctuating-workweek plans were supposedly "destroyed" by bonus payments, what would this really mean? Interestingly, USDOL's 2011 commentary did not specifically address the computational ramifications of bonus-payment "invalidation" at all (neither did Sisson, for that matter). Nonetheless, some have written that an employee's overtime pay must then be figured at 1.5 times the rate obtained by dividing 40 into the weekly salary. But why is that necessarily the answer?
One illustrative recent article posed an example of an employee whose fluctuating-workweek salary is $500 a week who works 50 hours in a workweek. Under the plan, this employee would be due:
($500 ÷ 50 Hrs.) = $10 Per Hr. Regular Rate($10 × ½) = $5 Per Hr. OT Premium Rate($5 Per Hr. × 10 OT Hrs.) = $50 OT Premium Pay($500 + $50) = $550 Total ST and OT Pay.
However, the author said, if the fluctuating-workweek plan has been "invalidated" by a bonus, then the inevitable "penalty" would be "paying" this:
($500 ÷ 40 Hrs.) = $12.50 Per Hr. Regular Rate($12.50 × 1.5) = $18.75 Per Hr. OT Rate($18.75 Per Hr. × 10 OT Hrs.) = $187.50 OT Pay($500 + $187.50) = $687.50 Total ST and OT Pay.
Leaving aside for now other questions raised by the writer's proposition, a fundamental FLSA overtime principle is that the "regular rate" is determined by dividing the employee's total straight-time compensation for a workweek by the total number of hours worked for which that compensation was paid. See, e.g., Overnight Transportation Co. v. Missel, 316 U.S. 572 (1942); 29 C.F.R. § 778.109. If a weekly salary includes straight-time compensation for some or all of the employee's hours worked over 40, then the required FLSA overtime premium for those hours is computed at one-half of the rate obtained by dividing all of the compensated hours, including those over 40, into the salary.
Therefore, even if a fluctuating-workweek plan was somehow "destroyed" by bonuses, FLSA overtime pay would still depend upon (i) how many hours worked the salary compensated; and (ii) the regular rate to which this leads. No facts in the writer's hypothetical pointed to 40 hours as being the appropriate divisor, and there is no such generalized either/or, automatic, default-to-40/time-and-one-half principle as the article implied. Indeed, the circumstances surrounding a fluctuating-workweek plan are likely to provide ample evidence that the salary represented straight-time compensation for all of the employee's hours worked – not just 40 or any other particular number.
Of course, what this actually reveals is that the "invalidation" notion is fallacious in the first place. The governing FLSA overtime principles do not change simply because bonuses or analogous amounts are paid in addition to a fluctuating-workweek salary.
Eye On The Ball, Please
We realize that the current state of affairs might cause an employer to capitulate to USDOL's present stance in the interests of caution. However, any suggestion that the agency's bonus-"incompatibility" remarks are now FLSA imperatives is unsupported. It is also important to resist mistaken views about the supposed consequences of those remarks.
Our belief is that a court consensus rejecting USDOL's proposition will evolve over time. How quickly this will occur depends upon how clearly, consistently, and rigorously the FLSA's well-settled principles are advanced in refutation of what the agency has said.
Our recent "Famous Last Words" post cautioned that having an employee enter into an agreement that is contrary to the federal Fair Labor Standards Act's requirements does not trump those requirements. Coincidentally, the U.S. Labor Department now reports that yet-another employer has learned the hard way that "We're all consenting adults here" is not a fundamental FLSA principle.
Unlawful Agreements Are, Well, Unlawful
A Michigan business operating franchised restaurants has been hit with an assessment of nearly $52,000 in back-wages and liquidated damages growing out of its having paid only straight-time hourly rates for FLSA overtime hours. A USDOL press release says that employees working at eight locations owned by Farha Group #4 had signed letters in which they agreed to receive straight-time pay for all hours worked, including those over 40 in a workweek.
A U.S. Wage and Hour Division official aptly summed things up this way: "An employer cannot avoid its overtime obligations by asking workers to sign agreements to be paid straight time rates for all hours worked. Employees cannot agree to waive their rights under the law." This is certainly accurate, and it is also the case with respect to every other FLSA requirement.
The employer reportedly also failed to add-together employees' hours worked at different restaurants during a workweek to see whether the totals exceeded 40. Presumably, this was an outgrowth of management's erroneous belief that it did not matter whether the employees had worked any FLSA overtime. In any event, as we have said previously, FLSA overtime requirements are not limited to by-the-location measurement; all of an employee's hours worked for the employer at every location must be combined to determine whether the employee has worked more than 40 hours in a single workweek.
Expensive Misconceptions
The exposure in this particular investigation averaged about $1,000 per employee. The figures can rise exponentially in tandem with increases in the number of affected employees, overtime hours worked, regular rates of pay, and so on. Moreover, the FLSA authorizes other potential liabilities and costs of both monetary and non-monetary kinds.
Wise employers will ensure that none of their pay practices is based upon an incorrect understanding of either the FLSA or the analogous laws of another jurisdiction. What might seem like common sense is not necessary lawful.
Compensation Generally | Compliance | Overtime Compensation | Pay Plans
Our Quick Quiz Answer discussing day-rate plans led one reader to observe that the federal Fair Labor Standards Act does not always bar employers from paying non-exempt employees a fixed sum that "builds in" some FLSA overtime compensation. While this is true, the permitted arrangement is strictly limited, and it does not allow a day-rate approach.
The Fundamental Concepts
Of course, the FLSA does not require that non-exempt employees be paid on an hourly basis. But a general FLSA principle is that overtime compensation must ultimately be based upon a rate-per-hour, that is, the "regular rate". As a result, FLSA overtime pay must vary as the number of overtime hours worked varies, with a single exception.
The only way to pay a fixed amount for varying overtime hours is under a so-called "Belo" contract. This term comes from the 1942 U.S. Supreme Court decision in Walling v. A.H. Belo Corporation, which approved an overtime-including wage guarantee. However, Congress later amended the FLSA to restrict the conditions under which these may be used.
The FLSA's Section 7(f) authorizes paying a constant sum for varying amounts of overtime work if:
(1) The employee's duties "necessitate irregular hours of work";
(2) The employee is employed under an individual or union contract specifying a regular hourly rate (of at least the FLSA's minimum wage) for hours worked up to 40 in a workweek, plus 1.5 times that specified rate for hours worked over 40; and
(3) The contract provides for a weekly guarantee of straight-time and overtime pay based upon the specified rate for not more than 60 hours.
Obviously, the employee must receive additional time-and-one-half overtime compensation for FLSA overtime hours worked beyond the number on which the guarantee is based.
It's Harder Than It Might Seem
A recurring hurdle employers face in considering Belo plans is that many employees' duties do not "necessitate irregular hours of work." The requirement is generally said to be that a worker's hours:
♦ Must vary appreciably below 40 as well as above this threshold and must do so in a significant number of workweeks; and
♦ Must vary because of work requirements, rather than things like vacations, holidays, sickness, personal reasons, or scheduled time off.
Furthermore, Section 7(f) itself calls for a weekly guarantee. A daily guarantee will not do. See 29 C.F.R. § 778.410(a)("Obviously[,] guarantees for periods less than a workweek do not qualify.").
These are not the only requirements for, or potential pitfalls of, a Belo plan. For the moment, suffice it to say that employers should move slowly and carefully in evaluating whether such a compensation method will pass muster under their particular circumstances.
It could also be that the applicable overtime requirements of another law will not permit these plans, even in situations in which the FLSA will.
Exemptions And Exceptions | Overtime Compensation | Pay Plans
The best answer to our May 8, 2013 Quick Quiz is, "$110.00". In declining percentage order, the responses were:
"None": (80.4%)
"$110.00": (15.7%)
"$137.50": (3.9%)
"$412.50": (0.0%)
Does The FLSA Allow Day-Rate Plans?
The federal Fair Labor Standards Act does permit employers to pay non-exempt workers on a day-rate basis. See 29 C.F.R. § 778.112. Under this approach, employees receive a fixed amount of daily pay for each workday on which they perform any work, regardless of the number of hours worked in the workday. The day-rate payments represent straight-time compensation for all work done in the workweek, both those hours worked up to 40 and those worked over 40.
But the point we intended to illustrate is that a day-rate payment cannot "include" or "build in" any FLSA overtime premium pay, no matter how the day-rate sum was set. Cf. 29 C.F.R. §§ 778.310, 778.500. When a day-rate employee works more than 40 hours in a workweek, he or she must receive FLSA overtime premium pay in addition to the total day-rate wages for the workweek. Figuring the overtime amount due begins with the proper computation of the FLSA regular hourly rate of pay.
Because the employee's total day-rate pay is remuneration for all hours worked in the workweek, the regular rate is determined by dividing the person's total day-rate compensation for the workweek by his or her total hours worked in that workweek. Of course, this regular rate can never be less than the FLSA minimum wage (or any higher required rate). This also assumes that the employee has received no other compensation that must be included in the regular rate.
The total day-rate pay is compensation for both straight-time and overtime hours (in other words, it is the "one" of "one and one-half"). Therefore, the employee is due an additional 50% of the regular rate times the FLSA overtime hours worked.
How Is Technician Tom's Total Pay Determined?
For these reasons, Technician Tom is due additional FLSA overtime premium pay for his ten overtime hours worked, despite how his day-rate payment was established. The overtime amount is calculated this way:
($1,100 Day-Rate Pay) ÷ (50 Hrs.) = $22.00 Per Hr. Regular Rate
($22.00 Per Hr. × 50%) = $11.00 Per Hr. OT Premium Rate
($11.00 Per Hr.) × (10 OT Hrs.) = $110.00 OT Premium Due.
Technician Tom's total pay for the workweek is therefore ($1,100.00 + $110.00) = $1,210.00. If he had instead worked 45 hours in the workweek, then his total pay would have been:
($1,100 Day-Rate Pay) ÷ (45 Hrs.) = $24.44 Per Hr. Regular Rate
($24.44 Per Hr. × 50%) = $12.22 Per Hr. OT Premium Rate
($12.22 Per Hr.) × (5 OT Hrs.) = $61.10 OT Premium Due.
($1,100 + $61.10) = $1,161.10.
As always, employers must also take into account the relevant requirements of different laws and the laws of other jurisdictions. It is important to ensure that whatever overtime computation the employer uses complies with all of the applicable overtime provisions.
Overtime | Overtime Compensation | Pay Plans | Quick Quiz
The Big Corporation decides that it will start paying its Field Service Technicians on a day-rate basis, instead of on an hourly basis. Under the day-rate plan, a Technician will now receive a fixed amount of money for each workday in which he or she performs any work, regardless of the number of hours the Technician works in the workday. The day-rate payments represent compensation for all hours worked in a workday and in a workweek.
A Technician's schedule is to work ten hours a day, five days a week. Management therefore sets each Technician's day-rate payment based upon (i) eight hours times the Technician's hourly rate at the time of the change, plus (ii) 1.5 times that hourly rate times two hours. For example, Technician Tom's day-rate sum is set at [($20 × 8 hrs.) + ($20 × 2 hrs. × 1.5) = $220.
During the first workweek under the new plan, Technician Tom performs work on five workdays and works exactly 50 hours, for total day-rate pay of (5 days × $220) = $1,100. How much more must The Big Corporation pay Tom in order to comply with the federal Fair Labor Standards Act?
Please use the poll buttons to the right to register your answer.
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text:
Nov 15 2011
Editor's Note: A cool, 30-something creative designer who found his perfect pair of Levi's® jeans, "Super Loose Tapered" with braces, recently reached out to us. We couldn't wait to share this edited version of Julian Harriman-Dickinson's London flagship store experience.
Over the years I've sported numerous iterations of the twisted jean, a popular style where the inseam rotates to the exterior at the bottom of the pant. More recently, I've been looking for something else, but didn't quite know what I was looking for, vaguely hoping that I would just know it when I saw it. There was invariably always something not quite right with the jeans I've tried on: the fit, colour, denim, wash or a combination of these.
To make matters worse, I'm a creative director and a Virgo, making me very hard to please. I've always had large calfs and thighs due to lots of sport, which limits my choice of jeans -- skinny-fit jeans were definitely a no-go. Working in Shoreditch, a stylish district of London, I was finding that getting the right pair of jeans was really starting to become an issue.
Disillusioned with denim, but requiring a new pair of strides, I found myself wandering into Levi's® flagship store on Regent Street. I found myself downstairs browsing the vintage denim.
A rather cool but laid-back chappy with nail varnish just on his thumbnails came to my assistance. He duly answered all of my questions on vintage, offering up good advice, then also recommended non-vintage alternatives that would best fit my challenging legs.
After numerous tryings-on of different styles and sizes, I eventually chose a pair of "Super Loose Tapered" jeans, but the braces that came with them were far too long.
The guy with the nail-varnished thumbs turned out to be the resident tailor. He looked at the braces and offered to unpick and shorten them for me at no extra cost. He led me to the till to pin them and informed me they would be ready to collect in two days.
I purchased my "Super Loose Tapered" jeans a very happy customer.
I had planned to buy vintage, but left with a pair I was really happy with. The service was second to none, the staff was knowledgeable and the tailor with the nail-varnished thumbs went above and beyond the call of duty to help. Top, top service.
In the future, there is only one place I will be buying my denim.
Well done, Levi's®.
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subset: commoncrawl


text:
Topic: Warrap State
All Content
Satellite photos show Sudanese war crimes, watchdog claims
Despite the group's claims, however, it remains unclear whether a May 21 assault by northern Sudanese forces on the contested border zone of Abyei actually reached the level of crimes against humanity.
05/31/2011 01:19 pm -
Africa Monitor On South Sudan's nation-building list: Curb horrendous maternal mortality rates
The United Nations humanitarian office in South Sudan's capital, Juba, says that 1 in 7 women who become pregnant 'will probably die from pregnancy-related causes.'
02/10/2011 02:22 pm -
Africa Monitor For South Sudan, independence only the beginning
South Sudan lacks much of the infrastructure and the civil society needed for a successful state. If it gains independence, the country will need more people like Veronica Ajok Angok.
09/30/2010 12:27 pm


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Principal Investigator
Andrew is currently Professor of Biochemical Engineering in the Department of Chemistry and Applied Biosciences at ETH Zurich. Prior to his arrival in Zurich he was Professor of Chemical Nanosciences and Head of the Nanostructured Materials and Devices Section in the Chemistry Department at Imperial College London.
He obtained a 1st Class Degree in Chemistry and PhD in Molecular Photophysics from Imperial College London in 1995 and subsequently held a Postdoctoral Fellowship in the Department of Chemistry at the University of California, Berkeley working with professor Richard Mathies.
His research interests cover a broad range of activities in the general area of microfluidics and nanoscale science. Primary specializations include the development of microfluidic devices for high-throughput biological and chemical analysis, ultra-sensitive optical detection techniques, nanofluidic reaction systems for chemical synthesis, novel methods for nanoparticle synthesis, the exploitation of semiconducting materials in diagnostic applications, the development of intelligent microfluidics and the processing of living organisms.
Andrew has given approximately 250 invited lectures at conferences and universities in North America, Europe, Africa and Asia (including 50 plenary or keynote lectures), has published 170 papers in refereed journals, and co-authored two books. He currently sits on the Editorial Boards of Chemistry World, The Journal of Flow Chemistry, Biomicrofluidics, BioChip journal and Imperial College Press. He is also co-founder of Molecular Vision Ltd, an Imperial College spin-out company developing low-cost diagnostic devices for use in the doctor's surgery and in the home.
Science originating from the deMello group has been recognized through the award of the 2002 SAC Silver Medal (Royal Society of Chemistry), the 2009 Clifford Paterson Medal from The Royal Society, the 2009 Corday Morgan Medal (Royal Society of Chemistry) and the 2007 Clark Memorial Lectureship (California State University).
Over the past two decades, the application of microengineered systems in the chemical and biological sciences has transformed the way in which high-throughput experimentation is performed. The ability to fabricate complex microfluidic architectures has allowed scientists to create new experimental formats for processing ultra-small analytical volumes in short periods and with high efficiency. The development of such microfluidic systems has been driven by a range of fundamental features that accompany miniaturization. These include the ability to handle small sample volumes, ultra-low fabrication costs, reduced analysis times, enhanced operational flexibility, facile automation, and the ability to integrate functional components within complex analytical schemes. Herein we discuss the impact of microfluidics in the area of high-throughput screening and drug discovery and highlight some of the most pertinent studies in the recent literature.
The past two decades have seen far-reaching progress in the development of microfluidic systems for use in the chemical and biological sciences. Here we assess the utility of microfluidic reactor technology as a tool in chemical synthesis in both academic research and industrial applications. We highlight the successes and failures of past research in the field and provide a catalogue of chemistries performed in a microfluidic reactor. We then assess the current roadblocks hindering the widespread use of microfluidic reactors from the perspectives of both synthetic chemistry and industrial application. Finally, we set out seven challenges that we hope will inspire future research in this field.
Both capillary and chip-based electrophoresis are powerful separation methods widely used for the separation of complex analytical mixtures in the fields of genomics, proteomics, metabolomics, and cellular analysis. However their utility as basic tools in high-throughput analysis and multidimensional separations has been hampered by inefficient or biased sample injection methods. Herein, we address this problem through the development of a simple separation platform that incorporates droplet-based microfluidic module for the encapsulation of analytes prior to the analytical separation. This method allows for the precise and reproducible injection of pL to nL volume isolated plugs into an electrophoretic separation channel. The developed platform is free from inter sample contamination, allows for small sample size, high-throughput analysis, and can provide quantitative analytical information.
We present a fully integrated droplet-based microfluidic platform for the high-throughput assessment of photodynamic therapy photosensitizer (PDT) efficacy on Escherichia coli. The described platform is able to controllably encapsulate cells and photosensitizer within pL-volume droplets, incubate the droplets over the course of several days, add predetermined concentrations of viability assay agents, expose droplets to varying doses of electromagnetic radiation, and detect both live and dead cells online to score cell viability. The viability of cells after encapsulation and incubation is assessed in a direct fashion, and the viability scoring method is compared to model live/dead systems for calibration. Final results are validated against conventional colony forming unit assays. In addition, we show that the platform can be used to perform concurrent measurements of light and dark toxicity of the PDT agents and that the platform allows simultaneous measurement of experimental parameters that include dark toxicity, photosensitizer concentration, light dose, and oxygenation levels for the development and testing of PDT agents.
The integration of matrix-assisted laser desorption ionization (MALDI) mass spectrometry with an upstream analytical separations (such as liquid chromatography and electrophoresis) has opened up new opportunities for the automated investigation of complex protein and peptide mixtures. The ability to efficiently analyze complex proteomic mixtures in this manner is primarily determined by the ability to preserve spatial discrimination of sample components as they leave the separation column. Current interfacing methods are problematic in this respect since minimum fraction volumes are limited to several microliters. Herein we show for the first time an LC-MALDI interface based on the formation, processing and destruction of a segmented flow. The interface consists of a droplet-generator to fractionate LC effluent into nL-volume droplets and a deposition probe that transfers the sample (and MALDI matrix) onto a conventional MALDI-MS target. The efficacy of the method is demonstrated through the analysis of Trypsin digests of both BSA and Cytochrome C, with a 50% enhancement in analytical performance when compared to conventional interface technology.
The ability to miniaturize biochemical assays in water-in-oil emulsion droplets allows a massive scale-down of reaction volumes, so that high-throughput experimentation can be performed more economically and more efficiently. Generating such droplets in compartment-on-demand (COD) platforms is the basis for rapid, automated screening of chemical and biological libraries with minimal volume consumption. Herein, we describe the implementation of such a COD platform to perform high precision nanoliter assays. The coupling of a COD platform to a droplet absorbance detection system results in a fully automated analytical platform. Michaelis-Menten parameters of 4-nitrophenyl glucopyranoside hydrolysis by sweet almond β-glucosidase can be generated based on 24 time courses taken at different substrate concentrations with a total volume consumption of only 1.4 µL. Importantly, kinetic parameters can be derived in a fully unsupervised manner within 20 minutes; droplet production (5 minutes), initial reading of the droplet sequence (5 minutes), droplet fusion to initiate the reaction and read-out over time (10 minutes). Similarly the inhibition of the enzymatic reaction by conduritol B epoxide and 1-deoxynojirimycin was measured and Ki values were determined. In both cases the kinetic parameters obtained in droplets were identical within error to values obtained in titer plates, despite by >104-fold volume reduction, from micro- to nanoliters.
Liposome structures have a wide range of applications in biology, biochemistry, and biophysics. As a result, several methods for forming liposomes have been developed. This review provides a critical comparison of existing microfluidic technologies for forming liposomes and, when applicable, a comparison with their analogous macroscale counterparts. The properties of the generated liposomes, including size, size distribution, lamellarity, membrane composition, and encapsulation efficiency, form the basis for comparison. We hope that this critique will allow the reader to make an informed decision as to which method should be used for a given biological application.
Singlet oxygen, a reactive oxygen species, has been a basic synthetic tool in the laboratory for many years. It can be generated either through a chemical process or most commonly via a photochemical process mediated by a sensitizing dye. The relative paucity of singlet oxygen employment in fine chemical industrial settings can be attributed to many factors, not least the requirement for excessive quantities of oxygenated organic solvents and the dangers that these represent. Microcapillary films (MCFs) are comprised of multiple parallel channels embedded in a plastic film. In this study, MCFs are employed as flow reactor systems for the singlet oxygen mediated synthesis of ascaridole. No gaseous oxygen is supplied directly to the reaction, rather mass transport occurs exclusively through the reactor walls. The rate of production of ascaridole was found to be strongly dependent on the partial pressure of oxygen present within the reaction system. This methodology significantly simplifies reactor design, allows for increased safety of operation, and provides for space–time yields over 20 times larger than the corresponding bulk synthesis.
We report the fabrication of non-emissive short- and long-pass filters on plastic for high sensitivity fluorescence detection. The filters were prepared by overnight immersion of titania-coated polyethylene terephthalate (PET) in an appropriate dye solution – xylene cyanol for short-pass filtering and fluorescein disodium salt for long-pass filtering – followed by repeated washing to remove excess dye. The interface between the titania and the dye molecule induces efficient quenching of photo-generated excitons in the dye molecule, reducing auto-fluorescence to negligible values and so overcoming the principal weakness of conventional colour filters. Using the filters in conjunction with a 505 nm cyan light-emitting diode and a Si photodiode, dose-response measurements were made for T8661 Transfluosphere beads in the concentration range 1 × 10^9 to 1 × 10^5 beads μL−1, yielding a limit of detection of 3 × 10^4 beads μL−1. The LED/short-pass filter/T8661/long-pass filter/Si-photodiode combination reported here offers an attractive solution for sensitive, low cost fluorescence detection that is readily applicable to a wide range of bead-based immunodiagnostic assays.
We present a top down separation platform for yeast ribosomal proteins using affinity chromatography and capillary electro- phoresis which is designed to allow deposition of proteins onto a substrate. FLAG tagged ribosomes were affinity purified, and rRNA acid precipitation was performed on the ribosomes fol- lowed by capillary electrophoresis to separate the ribosomal proteins. Over 26 peaks were detected with excellent reprodu- cibility (<0.5% RSD migration time). This is the first reported separation of eukaryotic ribosomal proteins using capillary electrophoresis. The two stages in this workflow, affinity chro- matography and capillary electrophoresis, share the advantages that they are fast, flexible and have small sample requirements in comparison to more commonly used techniques. This meth- od is a remarkably quick route from cell to separation that has the potential to be coupled to high throughput readout plat- forms for studies of the ribosomal proteome.
Calcium carbonate (CaCO3) is one of the most abundant minerals and of high importance in many areas of science including global CO2 exchange, industrial water treatment energy storage, and the formation of shells and skeletons. Industrially, calcium carbonate is also used in the production of cement, glasses, paints, plastics, rubbers, ceramics, and steel, as well as being a key material in oil refining and iron ore purification. CaCO3 displays a complex polymorphic behaviour which, despite numerous experiments, remains poorly characterised. In this paper, we report the use of a segmented-flow microfluidic reactor for the controlled precipitation of calcium carbonate and compare the resulting crystal properties with those obtained using both continuous flow microfluidic reactors and conventional bulk methods. Through combination of equal volumes of equimolar aqueous solutions of calcium chloride and sodium carbonate on the picoliter scale, it was possible to achieve excellent definition of both crystal size and size distribution. Furthermore, highly reproducible control over crystal polymorph could be realised, such that pure calcite, pure vaterite, or a mixture of calcite and vaterite could be precipitated depending on the reaction conditions and droplet-volumes employed. In contrast, the crystals precipitated in the continuous flow and bulk systems comprised of a mixture of calcite and vaterite and exhibited a broad distribution of sizes for all reaction conditions investigated.
We report an in-depth study of the long-term reproducibility and reliability of droplet dispensing in digital microfluidic devices (DMF). This involved dispensing droplets from a reservoir, measuring the volume of both the droplet and the reservoir droplet and then returning the daughter droplet to the original reservoir. The repetition of this process over the course of several hundred iterations offers, for the first time, a long-term view of droplet dispensing in DMF devices. Results indicate that the ratio between the spacer thickness and the electrode size influences the reliability of droplet dispensing. In addition, when the separation between the plates is large, the volume of the reservoir greatly affects the reproducibility in the volume of the dispensed droplets, creating "reliability regimes." We conclude that droplet dispensing exhibits superior reliability as inter-plate device spacing is decreased, and the daughter droplet volume is most consistent when the reservoir volume matches that of the reservoir electrode.
Droplet-based microfluidic systems have emerged as a powerful platform for performing high-throughput biological experimentation. In addition, fluorescence polarization has been shown to be effective in reporting a diversity of bimolecular events such as protein–protein, DNA–protein, DNA–DNA, receptor–ligand, enzyme–substrate, and protein–drug interactions. Herein, we report the use of fluorescence polarization for high-throughput protein–protein interaction analysis in a droplet-based microfluidic system. To demonstrate the efficacy of the approach, we investigate the interaction between angiogenin (ANG) and antiangiogenin antibody (anti-ANG Ab) and demonstrate the efficient extraction of dissociation constants (KD = 10.4 ± 3.3 nM) within short time periods.
This account highlights some of our recent activities focused on developing microfluidic technologies for application in high-throughput and high-information content chemical and biological analysis. Specifically, we discuss the use of continuous and segmented flow microfluidics for artificial membrane formation, the analysis of single cells and organisms, nanomaterial synthesis and DNA amplification via the polymerase chain reaction. In addition, we report on recent developments in small-volume detection technology that allow access to the vast amounts of chemical and biological information afforded by microfluidic systems.
Current methods for screening libraries of compounds for biological activity are rather cumbersome, slow and imprecise. A method that breaks up a continuous flow of a compound's solution into droplets offers radical improvements.
Go with the (segmented) flow: A gas–liquid microfluidic reactor system has been developed to study Pd-catalyzed carbonylation reactions over a range of flow regimes and reaction conditions (see picture). The segmented gas–liquid flow regime, in comparison to annular flow, enables reactions to be studied over longer reaction times and without the buildup of unwanted Pd particles.
We present a novel method for the identification of live and dead T-cells, dynamically flowing within highly conductive buffers. This technique discriminates between live and dead (heat treated) cells on the basis of dielectric properties variations. The key advantage of this technique lies in its operational simplicity, since cells do not have to be resuspended in isotonic low conductivity media. Herein, we demonstrate that at 40 MHz, we are able to statistically distinguish between live and dead cell populations.
Advances in the fields of proteomics and genomics have necessitated the development of high-throughput screening methods (HTS) for the systematic transformation of large amounts of biological/ chemical data into an organized database of knowledge. Microfluidic systems are ideally suited for high-throughput biochemical experimentation since they offer high analytical throughput, consume minute quantities of expensive biological reagents, exhibit superior sensitivity and functionality compared to traditional micro-array techniques and can be integrated within complex experimental work flows. A range of basic biochemical and molecular biological operations have been transferred to chipbased microfluidic formats over the last decade, including gene sequencing, emulsion PCR, immunoassays, electrophoresis, cellbased assays, expression cloning and macromolecule blotting. In this review, we highlight some of the recent advances in the application of microfluidics to biochemistry and molecular biology.
Microfluidic devices have many applications in chemistry and biology, but practical hitches associated with their use are often overlooked. One such device that optimizes catalysts tackles these issues head-on.
We present a high throughput microfluidic device for continuous-flow polymerase chain reaction (PCR) in water-in-oil droplets of nanoliter volumes. The circular design of this device allows droplets to pass through alternating temperature zones and complete 34 cycles of PCR in only 17 min, avoiding temperature cycling of the entire device. The temperatures for the applied two-temperature PCR protocol can be adjusted according to requirements of template and primers. These temperatures were determined with fluorescence lifetime imaging (FLIM) inside the droplets, exploiting the temperature-dependent fluorescence lifetime of rhodamine B. The successful amplification of an 85 base-pair long template from four different start concentrations was demonstrated. Analysis of the product by gel-electrophoresis, sequencing, and real-time PCR showed that the amplification is specific and the amplification factors of up to 5 × 106-fold are comparable to amplification factors obtained in a benchtop PCR machine. The high efficiency allows amplification from a single molecule of DNA per droplet. This device holds promise for convenient integration with other microfluidic devices and adds a critical missing component to the laboratory-on-a-chip toolkit.
» Continuous flow PCR in droplets
We present a platform for the spatially selective sampling of the plasma membrane of single cells. Optically trapped lipid-coated oil droplets (smart droplet microtools, SDMs), typically 0.5–5 mm in size, composed of a hexadecane hydrocarbon core and fusogenic lipid outer coating (mixture of 1,2-dioleoyl-phosphatidylethanolamine and 1,2-dioleoyl-sn-glycero-3- phosphatidylcholine) were brought into controlled contact with target colon cancer cells leading to the formation of connecting membrane tethers. Material transfer from the cell to the SDM across the membrane tether was monitored by tracking membrane-localized enhanced green fluorescent protein.
A simple process is described for the facile production of microfluidic reactors with built-in metallic catalysts. This approach provides considerable reductions in cost and complexity when compared to existing catalytic chip designs. The process involves the sputtering of catalytic metals into the channels of microfluidic reactors prior to device bonding. The utility of such microreactors as environments for heterogenous catalytic hydrogenations was tested and demonstrated by applying them to the on-chip reduction of butyraldehyde to butanol and benzyl alcohol to benzaldehyde. The use of such built-in systems as microreactors for specific processes was shown to have considerable potential for both fundamental research and industrial application.


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Kristin Smith
Sometimes when I tell people I am from Cleveland, people (who I might add have probably never been here) like to tease me. I am usually a good sport about it, although I love my city (including its sports teams). Occasionally when the heckling gets a little out of hand, I will respond in kind, "At least I'm not from not Detroit."
But when I actually think about the problems my neighboring Rust-Belt city is dealing with, it is no laughing matter.
Detroit is facing serious challenges, and it is no wonder. What do you expect when a city's population goes from 1.8 million people in 1950 to a population of 713,777, according the 2010 census? Losing one million-plus residents in only 60 years makes it pretty clear why there are so many abandoned buildings and houses rotting away within the city limits.
If there is any city in need of demolition, it is Detroit. Blighted properties, which number in the tens of thousands, not only pose safety threats from a structural standpoint but also from the criminal activities that go on inside them.
Detroit Mayor Dave Bing, who announced he was stepping down at the end of his term in December, had reportedly promised at the beginning of his four-year term to demolish 10,000 buildings while in office. According to a recent article in the Detroit Free Press (DFP), 4,200 have been demolished so far under Bing's watch, with many more slated for demolition by the end of the year. But that is only the tip of the iceberg. A staggering 26,000 more have been identified as unsafe but no funding currently exists to tear them down, according to the DFP article.
With a shrunken tax base in which to generate revenue, the city is teetering on the edge of bankruptcy. Liabilities are estimated at around $17 billion, or $25,000 per resident. Detroit's Emergency Manager Kevyn Orr and his chief advisors laid out a plan in June to invest $1.25 billion in services, including $500 million allocated towards eliminating blighted properties. But the clock is ticking.
In his recent blog, "The Slow-Motion Financial Implosion of Detroit" which appeared on www.wallstreetpit.com, Anthony Alfidi of San Francisco-based Alfidi Capital referenced a plan the city of Detroit introduced three years ago which called for downsizing its infrastructure. "The city has since squandered the time and money it could have committed to that plan and is now facing imminent bankruptcy," Alfidi writes. "This disaster was a long time in the making."
Only time will tell whether Orr's new plan will even have a chance to succeed. "Detroit's detailed plan for renewal is probably going to come undone out of necessity if receivership forces it to move faster," Alfidi says in his blog. "Farms and ranches will sprout again within city limits and former unionized workers had better learn how to plant rows of corn."
I hope the future is not as bleak for Detroit as Alfidi paints it, but it will certainly require help from state and federal sources if there is any hope for recovery. Continuing to demolish old buildings will inevitably help Detroit's overall wellbeing.C&DR
#ConExpo to talk #sustainability http://ow.ly/rG72J Wednesday, December 11, 2013 03:16:09 PM
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#OSHA sites contractors in Philadelphia demolition accident http://ow.ly/ranIl Monday, November 25, 2013 01:20:16 PM
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Newest version of #LEED to launch in November @Greenbuild http://ow.ly/qbsH4 Friday, October 25, 2013 02:41:35 PM
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Register for the #Renewable #Energy from #Waste Conference by Friday and save $1... Thursday, October 17, 2013 10:29:35 AM
Our sister publication, Renewable Energy from Waste, is hosting a conference nex... Friday, October 11, 2013 02:08:51 PM
How is the government #shutdown affecting your #demolition or #recycling business? Monday, October 07, 2013 01:33:32 PM
Read about Philadelphia C&D recycling company Revolution Recovery in the Sept./O... Thursday, October 03, 2013 10:48:20 AM
Pretty awesome video of a power plant #demolition in Florida. Wednesday, October 02, 2013 11:22:31 AM
Check out the Sept./Oct. issue of Construction & Demolition Recycling http://www... Tuesday, October 01, 2013 05:03:29 PM
Do you #recycle #asphalt #shingles? Get listed in C&DR magazine. Click this link... Friday, September 13, 2013 06:20:50 PM
Register for the #Renewable #Energy from #Waste Conference #REW. Super early bir... Friday, September 06, 2013 11:15:30 AM
Happy Labor Day to all the readers of #Construction & #Demolition Recycling #CDR... Monday, September 02, 2013 08:05:47 AM
Submit your #demolition video: http://ow.ly/oobsF Friday, August 30, 2013 02:10:41 PM
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#Construction employment reaches lowest mark in four years. Read about it at htt... Thursday, August 22, 2013 11:35:24 AM
Have you read the July/Aug issue yet? http://ow.ly/o63bC Tuesday, August 20, 2013 12:21:14 PM
Read our May/June issue online: http://www.cdrecycler.com/Digital/20130506/index... Monday, June 24, 2013 09:41:24 AM
http://www.cdrecycler.com/axion-struxture-bridge-plastic-ohio.aspx Wednesday, June 19, 2013 08:42:28 PM


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Home > Press Releases > 2007 > February
Press Releases 2007 |
February |
The information on this Web site is presented "as is." Product availability, organization, and other content may differ from the time the information was originally posted. Changes may take place without notice. |
9, 2007 Issuance of Domestic Unsecured Yen Bonds |


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Hi Nathan,
For me, personally, it would work. E-mails tend to catch my attention a bit better, but an RSS feed would be better than notices every six weeks or so.
The one downside to a New Product specific RSS feed, is that it would take up a spot in my RSS feed list. I use the RSS feed functionality of the Opera web browser, and right now it is full (according to my preferences). If I add one more, I would have to remove a current feed, or turn it into a scrollable list (I really prefer to see the whole list at a glance, rather than scrolling or using folders and sub-folders).
I tend to keep a pretty tight list of RSS feeds (which is currently at 30). Aside from keeping things tidy, I have found that is the quantity of feeds that maintains a balance between me absorbing information that I can use, versus being inundated with a plethora of nonstop news.
That said, I value finding out about DavidCo products as they are released, so I would likely end up using it if it is available.
Thanks for your time!


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hello tumblr people. just a heads up that jack spade is takin' on steven alan in the epic battle of king pong this weekend. if you happen to be in the hamptons, i recommend checking it out. you can root for whoever you want, but you should probably cheer for the jack spade team.
the losing team will be put to death. not really.
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i'm sorry, jack spade vs steven alan in the hamptons? that's just too much.
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Land Pollution
Water Pollution
Air Pollution
Noise Pollution
Noise Pollution
Sound strength is calculated in units called 'decibels'.
What is noise pollution?
Normally speaking, any type of non-needed sound is noise pollution. Whether it is the holler of a jet plane overhead or the sound of a barking dog a block away. The actual volume of a sound is only one part of the effect it has on human beings. Other facts to think about are the time and place, the period, the cause of the sound, and whether the listener has any power over it.
Noise pollution can be measured and many places have machines that can in fact measure the noise in decibels that an object is emitting.
What causes noise pollution?
There are many causes of noise pollution, most of which can be assoiciated with humans and modern city development. Road (cars, trucks, motorbikes), air (planes, helicopters) and rail transport (trains); industrial noise (machinery; neighbourhood and recreational noise. A number of facts contribute to problems of high noise levels.
Noise from vehicles has become a large problem in some areas. Aircraft noise can be reduced to some extent by design of quieter jet engines, something which has been occuring over the past 40 years. Most other noise pollution comes from machinery, especially vehicles, trucks, and airplanes.
How does noise pollution affect us?
Noise pollution can affect us greatly. For some people prolonged periods of time with a particular noise can cause hearing loss. Many workers who work heavy machinery are exposed to noises that are at least 3 decibels above normal range. If ear plugs aren't worn when working this machinery hearing loss can occur.
For some people noise pollution can affect their personality. Some people find it very hard to concentrate or function when they are exposed to continual or constant loud noises.
Noise pollution from vehicles has become a large problem in some areas and can affect the sleep habits of people living in that particular area.


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A unique pediatric program in Chicago's western suburbs
Nursing caries, or tooth decay, can be caused by children sleeping with bottles. This is also called baby bottle tooth decay. It is caused when a child goes to bed with a bottle filled with milk or juice - anything except water. It usually affects children between the ages of 1 and 2 years. Breastfed infants who fall asleep while breastfeeding are also at risk.
The following are the most common symptoms of nursing caries. However, each child may experience symptoms differently. Symptoms may include:
The following are suggestions to help prevent nursing caries:
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Aug. 13, 2010
SOLNA, Sweden -
Every Spider scored in what was a dominant one-sided effort as Richmond rolled past the Solna Vikings, 71-42 Friday evening in Stockholm, Sweden.
What the Spiders lacked in size they more than made up for in quickness. Despite the overwhelming size advantage of the Vikings, Richmond frustrated Solna early and often with its stingy defense and unrelenting pressure.
Richmond led 14-9 after the first quarter and turned up the volume with the first possession of the second frame. The Spiders were unstoppable, completing a 22-10 run to put the once close game out of reach.
The Spiders only continued the dominance with a 22-5 point strike in the third quarter. Twelve Spiders scored, with three of those players reaching double figures. Rachael Bilney led Richmond with 11 points.
Kristina Puthoff-King added 10 apiece.
Up Next: The Spiders board a train for Norway early tomorrow morning and will tour Oslo upon arrival. Richmond returns to action Sunday at 6:30 a.m. ET against Ullren Basket.


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Search for any place in the USA:
Overview, People, Health, Economy, Housing, Rankings, Climate Crime, Comments, Transportation, Cost of Living, Religion, Voting
As of 2012, McAlester's population is 18,383 people. Since 2000, it has had a population growth of 5.22 percent.
The median home cost in McAlester is $76,200. Home appreciation the last year has been 2.79 percent.
Compared to the rest of the country, McAlester's cost of living is 17.30% Lower than the U.S. average.
McAlester public schools spend $3,779 per student. The average school expenditure in the U.S. is $5,691. There are about 16.1 students per teacher in McAlester.
The unemployment rate in McAlester is 5.70 percent(U.S. avg. is 8.60%). Recent job growth is Positive. McAlester jobs have Increased by 1.13 percent.
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Average Commute time is 17 minutes. The National Average is 28 minutes.
McAlester's Real Estate Market (click to see properties) • Newly Listed Homes • Most Expensive Listing • Million Dollar Houses • Homes from $750,001 to $1,000,000 • Homes from $500,001 to $750,000 • Homes from $250,000 to $500,000 • Homes under $250,000 • Median Priced Homes
Living in McAlester: My family moved here last year when my husband got a job with an oil technology firm. The housing market is great here. You can find a nice house for an affordable... (read more)Cost of Living & Populastion: Having lived in McAlester in the early 50's, I find it interesting that the population of the City of McAlester is about the same as it was suring the 50's and the... (read more)Have an opinion about McAlester? Leave a commentTo See All SperlingViews for McAlester Click Here


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I know this is old as hell but I got this game awhile back and was sitting here playing it again and was wondering what everyone thought of it? I dont care if you liked it or hated it (most probably hate it from what I have heard) I am just wondering.
Shocking Images-Lucio Fulci Tribute Website ___ R.I.P. Lucio Fulci 1927-1996Mario Kart DS: 472505 894051 Name: HylianKWG
Animal Crossing: 3909-0273-0342 Name: Link Town: Hyrule
On this Day of Redemption I've decided to forgive myself, All this pain will soon be gone
I open myself and let my blood dye the floor, Death arrives with a smile
I got it for 12 bucks, and I think its pretty good for the price.
I heard it was shit.....but that's just what i heard from 1 person.
It's supposed to be the best of the 3 next-gen Batman games, or so I recall.
All the nex gen Batman games suck but thats a good deal. Not as good as Madden 2002 for 5 bucks though...
Those types of games do not seem to be that great because they never seem to be that realistic. You know?
Proud 1993 JDM WRX owner!
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Hartnell Down!
For those that don't know what James Duthie was sheepishly "rapping" during the second intermission of the Pens/Flyers game on Sunday, or what the announcers are referring to every time Scott Hartnell lands on the seat of his pants, allow me to shed some light.
Love him or hate him, Scotty Hartnell brings charisma to the ice. Whether it's his reddish-brown flowing locks, his tough gritty play, or his comical sense of humour, he definitely is a player that stands out from the crowd. Or sits down in Scott's case. He is a likeable guy that gets that type of cult following by fans that love to cheer for the hard-working underdog. Kind of like Tie Domi did in Toronto. Well it was one of those "cult fans" that noticed something peculiar about Scott Hartnell while he's on the ice. Apparently, he loses his balance a lot. So for fun, that Hartnell fan (Seth Hastings) decided it would be funny to start a site that counts how many times Scott Hartnell falls down. Well just like Hartnell's career this year, the site took off.
Scott has always had a good sense of humour, and when he first heard about Hartnell down, not only did he think it was funny, but he wanted to get involved. He proceeded to get a hold of the creator through twitter, and with his help, launched phase 2 of Hartnell Down. For "phase 2" Scott signed off on a website, and clothing line, designed to raise money for his favorite charities in which he donates regularly. His charities mainly involve helping underprivileged kids play hockey, and growing hockey in smaller communities. Here is the link to his website. You can also get there from the above address by simply clicking "enter #hartnelldown".
The site has received a lot of publicity since it's creation this year, but has really caught fire lately with all of the buzz surrounding the Flyers and this year's playoffs. So now is a perfect time to stop by the site, check out the Hartnell Down playoff meter, the campaign to get a Flyer on the cover of NHL 13, purchase some swag for charity (my favorite is the Hart Trick shirt), or just check out news or tweets from Hartsy himself. There is also a rap that was created about Hartnell Down, which I'm sure is now set to go viral. (It is also available on iTunes)
Here at Last Word On Sports, we support Scotty's cause, and embrace the Hartnell Down phenomenon!
…and that is the last word.


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Credit users 'reluctant' to clear debt
- Published: 25 Sep 2013 at 17.03
- Online news: Finance
Half of Bangkokians who use credit and personal loan cards repay only the minimum amount due each month, prompting fears they could be at higher risk of racking up unsustainable debts, according to a survey by Abac Poll.
A shopping mall and several financial institutions offer special discounts to shoppers using credit and personal loan cards. Bangkokians who use the cards are prone to paying only the minimum amount due, according to a survey by Abac Poll. (File photo)
Pabhada Chinwong, a business analysis manager at Assumption University, said the personal financial management survey questioned 1,205 people aged 25 to 60-years in Greater Bangkok, of whom 23.3% said they use some form of plastic cash.
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- November 9, 2012
- 8:20 a.m.
- Suggest removal
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Averageamerican writes:
It's amazing to me how the left is so excited about the next four years yet Obama hasn't said a peep about what he has planned.
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Sugar reduces testosterone levels
We've told you about how sugar makes you fat. There's new research that shows that besides promoting fat storage in your body, it further adversely affects your body. Read on to find out..
According to a new study, sugar reduces testosterone levels. Testosterone is the male hormone- its what promotes muscle growth (and fat loss), gives you facial and body hair and keeps your sex life crackling! So, a reduction of testosterone means that you could potentially have less muscle, a not so good sexual life, and overall being less manly.
So, is sugar really worth the side effects? We don't think so. We're not saying live without sugar, but find good replacements. A natural sugar replacement is honey. Honey has many health benefits. If you want to go sugar free, use the healthiest sugar substitute.
Indians are genetically prone to diabetes, so manage your sugar intake. It'll keep you healthy!
Author Information Hope you enjoyed reading, Sugar reduces testosterone levels. Show us your love with 'like', Tweet, or tell us in the comments. Lose up to 4 kg in 4 weeks, with the Fitho weight loss diet.


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Spectacular 3 level contemporary fairway home with unencumbered views of the Trump National Golf Club and Potomac River. Home has been displayed in national magazines. Features 31 glass water walls that runs through all the 3 levels. Countless amenities; designer kitchen w sub zero/wolf/miele appliances, large deck with sunk-in hot tub, 3 fireplaces, new hvac, state of art a/v, steam room ++  LO8214514  Listing Broker: XRealty.NET LLC |
Absolutely STUNNING Lowes Island home on premium CUL-DE-SAC lot that backs to trees. Immaculate home. Beautifully decorated. Gourmet kitchen with custom center island. Hardwood floors throughout entire main level and upper level. Wall of windows across kitchen and family room with beautiful view of trees. Custom finished, Walkout lower level with Wet Bar.  LO8207137  Listing Broker: RE/MAX Premier |
Amazing value in beautiful Cascades nr Trump Natl Golf CC. .28 ac in cul de sac. Extraordinary space, open floor plan. Graciously host lrg party of 50+. Ctr-isle Kitchen, Fr door to charming VERANDA. Brk patio. Light-filled FamRm. Brk walkway, Mahogany door, Hardwd Flrs. Library/built-ins. Upper: 4BR/3Full Ba. Lower: 4th Full Ba; potential in-law ste, Rear Entry.  LO8190913  Listing Broker: Long Foster Real Estate, Inc. |
Beautiful 4 BR/4 BA home backing to woods! Almost 5200 sq. ft. of finished living space on 2 levels! Light filled open floor plan! Vaulted ceilings! Kitchen w/breakfast area! Huge family room w/gas FPL! Large office/library! Huge 1st floor master BR w/sitting area, walk-in closet bath! 2 additional BR 2 full BA on main level! Enormous finished walk-out lower level w/rec room, 4th BR full BA!  LO8180878  Listing Broker: Weichert, REALTORS |
Bright and updated Gorgeous Brick Colonial **Designer touches Brazillian Cherry Hardwood Floors**New Granite counters, steel appliances,new carpet and paint** FR with stone Fireplace W/ Skylights and Soaring ceilings**Huge Deck with Sunroom **Upgraded Master Bath with Jacuzzi and skylights** Master bedroom W/ Sitting Room**Basement with Roomden bath and unfinished area**Sought after Cascades  LO8206884  Listing Broker: Keller Williams Realty |
House at Trump national. River Views in the fall and winter months. Open floor plan with wooded lot. Zero maintenance, HWD floors entire main level, maple cabinets, granite counters, stone hearth fireplace,huge deck and patio,massive master bedroom, upgraded berber carpet, walk out level, neutral decor. .. 2 HOUR NOTICE--SMALL CHILD  LO8020170  Listing Broker: Century 21 Redwood Realty |
Stunning and exquisite 4 lvl townhome boasting open floor plan, gleaming hardwoods,gourmet kitchen with all Viking stainless appliances. Home boasts up grades a plenty with built in bookcases, custom closets throughout, palladium shutters on all windows, full finished lower level with bar and walk out to lovely patio. Close to Trump Country club, parkway,eateries and shopping  LO8106165  Listing Broker: Long Foster Real Estate, Inc. |
Beautiful Lowes Island! Quiet cul-de-sac! Close to Trump Natl Golf Club! HOME WARRANTY!! *Beautiful Well maintained Brick Colonial *2 car garage *Open floor plan *HWD floors entire main level *Granite Countertop stainless steel Appliances *Master suite w/ his her walk-in closets private bath w/ soaking tub *Built-in Bed in 2nd Bedrm.*Beautiful Built-in Book Shelves Cabinets in Family Rm.  LO8187048  Listing Broker: National Realty LLC |
Inviting Colonial In The Cascades. 5 Bedrooms, 3.5 Bathrooms with hardwoods throughout main floor. New carpet and paint. Large kitchen with new stainless steel appliances and granite counter tops. Lovely 2 story living room and crown molding throughout house. Master Bedroom with sitting room and tray ceilings. 3 level deck and walk out basement for entertaining. A must see!  LO8211692  Listing Broker: Keller Williams Capital Properties |
Gorgeous LOWES ISLAND brick colonial loaded w/upgrades: 2 story FR w/GasFpl, Kit w/Brkfst Bar/isl/granite/SS appliances. SUNRM w/Ceramic Tile. Lrg custom TrexDeck width of home! Stone patio backs to common area. MBR W/Vaulted ceilings WI Closet. MBA w/whrlpl tub. LL w/Frnch Dr WlkUp/Fireplace/Blt-in shlvs. NEW CARPET REFINISHED HW FLRS! HVAC/H2O 2012 MORE! Schools/parks/golf/shop! MUST SEE  LO8229090  Listing Broker: Keller Williams Realty |
Short-Sale subject to 3rd party approval, only 1 Trust. House sold "as-is/where-is". All inspections performed by purchaser and are for informational purposes. Email offers or questions to listing agent. Spacious 3 level colonial home. Great Master Bedroom w/ Large Master Bath.  LO8206453  Listing Broker: Champions Realty, Inc. |
Price slashed by $50k since 10/1!!!Gorgeously updated! Brand new kitchen with custom cabinets, granite counters, stainless steel appliances and ceramic tile floor. Renovated master bath with new tile throughout and 7 foot vanity with granite top. HUGE finished basement and fabulous patio are great for entertaining.  LO8182056  Listing Broker: Keller Williams Realty |


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- May 7, 2012
- 8:22 a.m.
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inthegrove72#700117 writes:
Here.....hold my beer and watch this!!!
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Ron Alice – Head Coach, USC Track & Field
"What you do for these kids and for the sport is so important. People really don't appreciate how necessary your services are in track and field. It is the only sport that requires you to push your body to the limit each and every single time you get on that line. In other sports you can rely on teammates and excel while playing injured. You can't play injured in track. It is the purest sport. In the olympics it is not called track and field, its called "athletics". You do a great service for the kids in our community and this program. You deserve to be saluted."


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It is a bit odd for someone who really appreciates a cocktail, but we have zero shot glasses around here. Well, that's not strictly true, we have one that my husband received as a gift and that I use to measure out a shot of green juice every night to throw back with my vitamins. A health cocktail if you will. But for the most part I find shot glasses to be a bit ugly and much too reminiscent of frat parties.
That is until I stumbled upon these MollaSpace works of art. Aren't they gorgeous? Each little animal is made to balance on his nose and ears or antlers when in use, and they can even be used as candle holders. Totally sold. One of each please, and maybe two of the super cute moose for holiday toasts. The only question is black or white?