Sunday, April 7, 2013

For pay statements, does 'total hours worked' include vacation and ...

Q. We realize that California requires pay statements to show ?total hours worked,? but we?re confused about what exactly this means. Does this include vacation or paid time off that employees have earned?

A. Section 226(a)(2) of the California Labor Code requires all pay statements to show the total hours worked. Many employer pay statements include on that line ?unworked? hours such as vacation time, available sick leave and holidays.

While there has never been any question that the section specifically requires that only the hours ?worked? must be shown, several cases have indicated that if the employee can add up the hours worked shown on other portions of the statements to arrive at this figure, the failure to print that total separately on the pay statement is not a violation.

In at least two cases, courts have found that the section 226(a)(2) requirements were not met because the required total could not be easily added up from the information provided on the statement.

A recent development has called all of these cases into question. Senate Bill No. 1255, which amended Labor Code section 226(e), went into effect on Jan. 1, 2013. It was enacted to codify injury that could result from inaccurate or incomplete pay statement information. Because Labor Code section 226(e) provides for significant damages that can be recovered directly by employees as ?statutory? penalties and additional ?civil? penalties under the Private Attorney General Act of 2004, this new amendment makes it risky for employers to do anything other than simply making certain that the ?Total Hours Worked? are printed separately on all employee pay statements.

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Louisville beats Wichita State 72-68 in Final Four

ATLANTA (AP) ? Russ Smith looked at the scoreboard, then at the clock, then over at the bench.

Louisville needed a run, but he had no idea where it was going to come from. The starters were struggling, the fouls were piling up and the only lift injured Kevin Ware could give the top-seeded Cardinals was an emotional one.

"It was like, 'Man,'" Smith said. "I was actually waiting for our run. And it happened. Luke exploded. That was actually what I was waiting for. Then Chane exploded. Then Peyton made a big layup. Then Tim Henderson. It just kept going and going."

And Louisville rode it all the way to the title game.

Luke Hancock scored 20 points off the bench, Henderson sparked a second-half rally with a pair of monster 3s and Louisville reminded everyone it can grind it out, too, advancing to the NCAA title game Saturday night after escaping with a 72-68 victory over Wichita State.

Louisville will play the winner of Syracuse-Michigan for the national title Monday night. The Cardinals (34-5) have had this game in their sights since losing to Kentucky in last year's Final Four, and they got added motivation after Ware's tibia snapped during last weekend's Midwest Regional final, the bone poking through the skin.

Ware was on his feet when the final buzzer sounded, grinning and throwing his arms into the air.

"We've got to bring our best game," Ware said. "It's the last game of the season. If we lose, everything we've worked for just goes down the drain. That's the last thing we want right now."

Especially after such a close call against the ninth-seeded Shockers (30-9), who nearly pulled off their biggest upset of all.

Wichita State had knocked off No. 1 seed Gonzaga and Ohio State on its way to its first Final Four since 1965, and the Shockers had a 12-point lead on Louisville with 13:35 to play. It was the largest deficit all tournament for the Cardinals, who seemed lost after the emotional week following Ware's gruesome injury.

But Louisville had come back to win five games after trailing by nine points or more already this year, including rallying from a 16-point deficit in the title game at the Big East tournament. Even coach Rick Pitino's horse, Goldencents, had to rally to win the Santa Anita Derby, and a spot in the Kentucky Derby, on Saturday.

This rally trumped them all.

"We just played super hard," said Smith, who led the Cardinals with 21 points. "Nobody wanted to go home."

Henderson, the walk-on who was forced into increased playing time because of Ware's injury, made those back-to-back 3s to spark a 21-8 run. While Hancock and Behanan were knocking down shots, Smith and Peyton Siva were turning up the heat on the Shockers, forcing them into seven turnovers in the final seven minutes after they'd gone more than 26 minutes without one.

The first came when Siva darted in to strip the ball away from Carl Hall. Siva fed Hancock, who drilled a 3 that gave Louisville a 56-55 lead, its first since the end of the first half.

"Down the stretch, we were just loose with the ball, we just didn't take care of it, pretty much," said Wichita State's Malcolm Armstead, who had just 2 points on 1-of-10 shooting. "I can't give you an explanation ? it just happened."

Cleanthony Early would give the Shockers one more lead, converting a three-point play. But Siva scored and then Smith stole the ball and took it in for an easy layup that gave Louisville a 60-58 lead with 4:47 left. Louisville fans erupted, and even Ware was on his feet, throwing up his arms and clapping. The Cardinals extended the lead to 65-60 on a tip-in of a Smith miss and another 3 by Hancock.

Wichita State had one last chance, pulling within 68-66 on Early's tip in with 22 seconds left. But the Shockers were forced to foul, and Smith and Hancock made their free throws to seal the victory.

As the final buzzer sounded, Chane Behanan tossed the ball high into the air and Henderson and Hancock did a flying shoulder bump at midcourt.

"It's just a mix of emotions, of feelings. It hurts to have to lose and be the end of the season," said Early, who led the Shockers with 24 points. "But these guys fought to the end, and we had a great season and keep our heads high and know the grind doesn't stop."

The Cardinals were the overall No. 1 seed in the tournament, and they steamrolled their way through their first four games, winning by an average of almost 22 points. They limited opponents to 59 points and 42 percent shooting while harassing them into almost 18 turnovers a game, setting an NCAA tourney record with 20 steals against North Carolina A&T.

The presence of Ware was supposed to provide even more motivation for Louisville. He urged his teammates to "just go win the game" before being wheeled off the court on a stretcher last weekend. Three days later, he joined the Cardinals as they made the trip to the Final Four in Atlanta, Ware's hometown.

The Cardinals have modified their warm-up T-shirts in Ware's honor ? they now read "Ri5e to the Occasion," with Ware's No. 5 on the back. He had a seat at the end of the bench, his right leg propped up on towels, and every one of the starters went to shake his hand after being introduced.

But whether it was the roller-coaster of the last week, the expectations or just Wichita State, the Cardinals seemed out of sorts much of the night. Wayne Blackshear and Gorgui Dieng went scoreless, and Siva was just 1-of-9.

"There's a reason our starters played poorly, because Wichita State is that good," Pitino said

Wichita State may not have the names or pedigree of a Louisville, Syracuse or Michigan. But what the Shockers lacked in star power they more than made up for in hustle and heart. This, after all, was a team with one player (Carl Hall) who salvaged his career after working in a light bulb factory and two more (Armstead and Ron Baker) who paid their own ways in their first years.

The Shockers barely seemed to notice that vaunted Louisville press until the final minutes of the game. They didn't rush shots, working it around until they got a look they liked ? Louisville was called for more than one foul late in the shot clock, including one on Smith with only a second left ? and they were relentless on the backboards.

And that "play angry" defense? Now the Cardinals have an idea of how their opponents have felt. Wichita State bottled Louisville up inside, never letting Gorgui Dieng be a factor, and the Cardinals were continually forced to put up awkward and bad shots from outside.

"We were kind of waiting to make our run," Hancock said. "Obviously you're a little concerned when you're down by 12 in the second half. We just had to turn up our intensity, maybe gamble a little more."

Louisville was struggling so badly that Ware actually got out of his seat at one point, hobbling over to the Louisville huddle.

"He just wanted to tell us that we needed to pick it up," Siva said. "We know how much it would mean for him to be out there. He just tried to give us whatever we needed, the extra motivation, the extra boost to get over the hump. That's what he did."

The Shockers have had trouble hanging onto leads, and this game was no different. After Henderson's 3s, the Cardinals were off and running, all the way to the last game of the season.

"Coach Pitino kept telling us to go out there and have fun and keep playing and we were going to win. Stop hanging our heads," Siva said.

"That's what we did."

Source: http://news.yahoo.com/louisville-beats-wichita-state-72-68-final-four-004352865--spt.html

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Thursday, April 4, 2013

Choosing less a form of protection, says new study on decision-making

Apr. 3, 2013 ? Imagine you have a choice to make. In one scenario, you'd get $8 and somebody else -- a stranger -- would get $8 too. In the other, you'd get $10; the stranger would get $12.

Economists typically assume you'd go for the $10/$12 option because of the belief that people try to maximize their own gains. Choosing the other scenario would just be irrational.

But new research conducted in collaboration with a professor at the University of Toronto's Rotman School of Management shows that if a person is feeling threatened, or concerned with their status, they are more likely to choose the option that gives them less. And although this choice might seem irrational from an economic perspective, this choice satisfies an important psychological need.

People who do this, "have a reason for their behaviour, and that reason is to protect themselves from low status," described as a low position or rank in relation to others, says Prof. Geoffrey Leonardelli, who co-wrote the paper with Vanessa Bohns from the University of Waterloo and Jun Gu from Australia's Monash University.

Through a series of experiments, the researchers found that people who showed a systematic preference for "relative outcomes" (economic payoffs which gave them the same as or more than others) had a focus on security and sought to protect themselves from being assigned to a lower position or rank. But those who looked for "absolute" outcomes (overall value) had a "growth" focus, one that goes after maximum positive results.

Jun Gu, the lead author of the research, noted that "People with a security focus also tend to walk away from economic deals that suggest they have low status, even if walking away means earning less money than they could have."

In one experiment, participants were offered $1 but were also told that the party making the offer would get $9. Even though they would have pocketed an additional $1, some 48% of those with a security focus rejected the offer, whereas only 17% of those with a growth focus turned the offer down.

Previous research by Prof. Leonardelli and his collaborators has shown that, in negotiations, those with a growth focus tend to set higher goals, are more aggressive in their negotiating, and ultimately attain better gains for all those involved.

"People with a growth focus appear to more easily move back and forth between cooperation and competition," because they have no special fears or concerns about their own security, says Prof. Leonardelli.

If governments want to pursue economic policies that promote growth, the study's findings suggest people first need to feel secure enough to support and participate in those policies, says Prof. Leonardelli.

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Story Source:

The above story is reprinted from materials provided by University of Toronto, Rotman School of Management.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. Jun Gu, Vanessa K. Bohns, Geoffrey J. Leonardelli. Regulatory focus and interdependent economic decision-making. Journal of Experimental Social Psychology, 2012; DOI: 10.1016/j.jesp.2012.11.008

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/living_well/~3/DAJilWoVV0c/130403112744.htm

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Tensions Mount Over Gun Control Push

gty carolyn maloney tk 130403 wblog Tensions Mount Over Gun Control PushPHOTO: Rep. Carolyn Maloney, D-N.Y., at a news conference, October 2009, on the passage of House legislation for??

President Obama took his fight for tougher gun control laws to Colorado today as the debate over gun control has gotten increasingly heated, even menacing at times.

White House spokesman Jay Carney denied suggestions that the president's gun legislation was dead, telling reporters on Air Force One on the flight to Colorado that "negotiations are ongoing on a variety of pieces of this proposal in an effort to try to find the votes necessary."

Rep. Carolyn Maloney, D-N.Y., canceled a public appearance Tuesday because of death threats she received.

"Yesterday, several death threats were phoned into my New York office in response to news reports about a bill I authored requiring gun owners to have insurance. The calls were fielded by young interns, who were understandably shaken by this experience," Maloney said in a statement emailed to ABC News today.

"Given all the acts of gun violence we have seen in the past two years, the shootings in Aurora and Newtown, the attack on my friend and colleague Gabby Gifford, I take the threat of more gun violence very seriously," Maloney said.

Brian Malte of the Brady Campaign to Prevent Gun Violence called the threats against Maloney "outrageous."

"We deplore any sort of threats like that. We need to have a national conversation and a very civil discourse about what is needed in this country," Malte told ABC News.

Other gun control advocates have received similar threats since the debate over gun laws reignited in the past year.

Colorado State Rep. Rhonda Fields received threatening emails and a voicemail attempting to pressure her to drop gun reform legislation she backs in her state. Her office released excerpts from the emails, including one from Feb. 15, full of misspellings, crude and racially-charged insults, and a reference to the shooting of Rep. Giffords.

Dudley Brown, head of Rocky Mountain Gun Owners, used an ominous double entendre when discussing his opposition to more gun laws.

"I liken it to the proverbial hunting season," Brown told NPR. "We tell gun owners, 'There's a time to hunt deer. And the next election is the time to hunt Democrats.' "

While the federal government wrestles with the gun debate, states are moving ahead on their own, often in contradictory ways. Colorado state lawmakers have already passed a law requiring background checks for all gun transfers and banning high-capacity ammunition magazines. They go into effect in July.

These laws have provoked a backlash from gun ownership advocates. At least two groups have already canceled shooting competitions in the state, citing the new laws.

New York, where Mayor Bloomberg's Mayors Against Illegal Gun Violence campaign is based, passed restrictions even more quickly than Colorado. In January, the state legislature approved the SAFE Act, making it the state with the strictest gun laws in the country.

The law includes limits on ammunition capacity, assault weapons and sales of guns and ammunition.

Connecticut lawmakers, motivated by the shooting spree that took the lives of 26 children and adults at Sandyhook Elementary School, are set to impose even stricter gun laws in a state that already had some of the strictest in the country. Other states have gone in the other direction, seeking to preserve or expand protections for gun owners.

Alaskan lawmakers introduced a bill this January that would forbid enforcing federal bans on assault rifles and high-capacity magazines, according to Alaska Public Media. Arkansas lawmakers voted to allow guns in churches. In one town in Georgia, residents who don't own a gun will be in violation of the law nine days from now.

Also Read

Source: http://news.yahoo.com/tensions-mount-over-gun-control-push-220415571--abc-news-politics.html

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Watch: Hillary Clinton Appearance Sparks Presidential Rumors (ABC News)

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How $700 million in Katrina relief money vanished

Power Players

Where did all the money go?

?Your guess is as good as mine,? David Montoya, the inspector general of the Department of Housing and Urban Development, says of $700 million in missing taxpayer money that Louisiana homeowners were given in the wake of Hurricane Katrina to elevate and protect their homes from future storms.

A new report released from the inspector general?s office shows that more than 24,000 homeowners who received grants of up to $30,000 to elevate their homes either misspent or pocketed the money.

?The fact of the matter is that the money they received was for a specific purpose and the specific purpose was to elevate these homes to avoid future catastrophes,? Montoya tells Power Players.

He rates the home elevation program as little more than a complete failure.

?Considering there was just under $1 billion earmarked for this particular program and there's $700 million that wasn't used for that, I?d give it a very low D,? he says.

But the lessons learned from the failed home elevation project provides a useful roadmap as Congress moves to offer recovery funds to victims of Hurricane Sandy.

?Clearly, to give money out on the front end right after a disaster, when many of these people lost everything, with a promise to do something down the road, I think is counterproductive to what the program was designed to do,? says Montoya.

Montoya says his office will recommend that, for future disaster relief programs, funds are disbursed to individuals only after the project has been completed.

To hear more of the interview with the inspector general, including his explanation of why the government likely will never get the money back, check out this episode of Power Players.

ABC's Eric Wray, Alexandra Dukakis, Hank Disselkamp, and John Knott contributed to this episode.

Source: http://news.yahoo.com/blogs/power-players-abc-news/where-did-money-700-million-katrina-relief-money-112137424.html

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Scientists develop monkey model to study novel coronavirus infection

Apr. 3, 2013 ? National Institutes of Health (NIH) researchers have developed a model of infection in rhesus macaques that will help scientists around the world better understand how an emerging coronavirus, first identified in September 2012, affects people.

The virus has so far infected at least 17 people in the Middle East and Europe, killing 11 of them. The NIH team established the nonhuman primate model in December 2012 and is using it to study how the virus causes disease and to evaluate potential vaccines and antiviral treatments.

The model shows that clinical signs of coronavirus disease appear within 24 hours of infection. These signs include reduced appetite, elevated temperature, increased respiratory rate, cough, goose bumps and hunched posture. In monkeys and humans, the infection causes disease deep in the lungs, leading to pneumonia. Scientists are exploring whether the virus' foothold in the lower respiratory tract impedes its ability to spread efficiently.

Researchers at NIH's National Institute of Allergy and Infectious Diseases (NIAID) developed the model after obtaining coronavirus samples from collaborators at Erasmus Medical Center in The Netherlands.

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Story Source:

The above story is reprinted from materials provided by NIH/National Institute of Allergy and Infectious Diseases.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. Munster et al. Novel Human Coronavirus Causes Pneumonia in a Macaque Model Resembling Human Disease. New England Journal of Medicine, 2013; DOI: 10.1056/NEJMc1215691

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/most_popular/~3/R9N7TBUrLZ4/130403200258.htm

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