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mesrianilawgroup · 1 year

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How Does the Fair Labor Standards Act Protect Employees?

In 1938, the Fair Labor Standards Act was passed which protects employees’ rights to fair wages. Also known as the FLSA, this law protects employees by placing regulations on interstate commerce employment. It oversees things like child labor, minimum wage, and overtime pay; and has standards for both salaried employees and those paid by the hour.

What is the Fair Labor Standards Act?

The FLSA is a federal law that oversees wage regulations for both full and part time employees whether they are employed by a private company or government employer. It regulates things such as the minimum wage, child labor, recordkeeping, and overtime. Federal minimum wage was increased to $7.25 in 2009 and has not been raised since. Generally, if employees work more than forty hours per workweek, they should be paid ‘time and a half’ which is 1.5 times their regular rate of pay.

Who is Protected By the FLSA?

The Fair Labor Standards Act protects employees of public agencies, interstate commerce, production of commercial goods, domestic service, hospitals, schools, and other education facilities. Independent contractors and volunteers are not legally considered employees, and as such, are not protected by the standards and regulations of the FLSA. Employees who are eligible for overtime compensation are required to complete a record of their attendance and times worked.

Primary Areas of Coverage in FLSA

Minimum Wage – The FLSA maintains the federal minimum wage. As of 2009, the minimum wage has been $7.25 per hour. While states are free to set their own minimum wage rates, the only states with a minimum wage lower than the federal rate are Georgia and Wyoming. Both states pay a minimum wage of $5.15 per hour, although employers who are subject to FLSA regulations are required to pay no less than the federal minimum.

Overtime – If an employee is sixteen or older, they may work as many hours as their employer allows. However, if an employee works more than forty hours in a workweek, they may be entitled to overtime pay. Overtime pay must be at least one and a half times the normal hourly rate of pay for the employee.

Hours Worked – The FLSA oversees all time that an employee is doing their job either on site, on duty, or at a designated location.

Recordkeeping – The FLSA requires that employers keep accurate records of employee timecards and payroll. They must also have an official poster of FLSA requirements displayed for employees.

Child Labor – The FLSA maintains regulations that ensure that work does not interfere with a child’s education or best interests. It also limits the types of jobs that children can work and the conditions they can work under.

FLSA Minimum Wage Protections

Though the FLSA maintains a federal minimum wage of $7.25 per hour, many states have instituted their own laws that set their own minimum wage. The FLSA does not govern state law outside of provisions that are in line with preexisting FLSA requirements.

California Minimum Wage

As of January 2023, the state imposed minimum wage in California is $15.50 per hour for all employers. In the past, employers with 26 or more employees were required to pay slightly more than employers with fewer employees. California minimum wage has been rising steadily for years now:

Minimum Wage by Year

FLSA Overtime Protections

The FLSA maintains that an employer must pay covered non-exempt employees time and a half for any time worked over forty hours in a given work week. This does not include paid time off. A work week might not line up with what is considered a calendar week but is a fixed increment of 168 hours. While the work week may vary for different employees, employers are prohibited from averaging hours beyond the confines of a given work week. Furthermore, overtime pay must generally be paid out on the pay period in which it was earned.

Classifying Employees Under FLSA

It is important to know whether a worker is an employee or an independent contractor. Not only are there differences in the rights and benefits, but employers may face fines and legal action if they are caught misclassifying their workers. There are many questions that can be asked to help determine if a worker is an employee or an independent contractor:

Does the employer or the worker determine when and how the work is done?

Does the employer or the worker determine what the worker’s responsibilities are?

Does the employer or the worker provide the supplies and equipment needed?

Does the employer or the worker pay the payroll taxes?

Does the employer or the worker set the rate of pay?

Who is Exempt from Minimum Wage & Overtime Wages?

If an employee is considered nonexempt, then their employer is required to pay them overtime. If an employee is considered exempt, then their employer is not required to pay them overtime. While there are some jobs that are considered exempt in of themselves, there are three conditions that must be met to determine if an employee is considered exempt, such as:

The amount the employee is paid – Generally $35,568 or more a year

The way they are paid – Generally salary

The type of work performed – As defined by FLSA regulations

Freelance workers and independent contractors are not covered by the FLSA. Employers with less than $500,000 a year in sales as well as small farms that do not engage in interstate commerce are also exempt. Other exempt workers also include:

Executives who manage at least two people and authorize job status of others

Administrators who directly work for management and control their own work duties

Outside salespeople who work primarily offsite and on commission

Computer workers paid at least $684 weekly by salary or fee basis

Workers employed by seasonal recreation establishments

Employees of small local newspapers including delivery workers

Sailors on foreign vessels

Personal caregivers such as homecare aides and babysitters

Employees working under an apprenticeship

Record Keeping That Meets FLSA Standards

When an employer is covered by the FLSA, they must keep detailed records for their non-exempt employees. While there is no uniform standard for how these records are kept, there are specific pieces of information that need to be recorded with complete accuracy for each employee:

Full Name

Social Security Number

Date of Birth (employees under 19)

Sex

Occupation

Start of Workweek Day and Time

Daily Hours Worked

Workweek Hours Worked

How wages are paid

Pay Rate by Hour

Total Straight-time Earnings

Workweek Overtime Earnings

Wage Deductions and Additions

Wages per Pay Period

Dates of Pay Period

Date of Payment

Different types of records must be kept on file for different lengths of time. Payroll, collective bargaining agreements, and sales or purchase records must be kept for at least three years. Things like timecards, work schedules, and other methods for computing wages must be kept for at least two years. These records should be kept on site or at a central record keeping office. Employers are required to make these records open and available for Division inspection.

How FLSA Defines and Regulates Hours Worked

The law defines the word ‘employ’ as “to suffer or permit to work”. The time that an employee spends on site or on duty is considered part of their workweek. The workday begins when the employee first starts working and ends when the employee completes their work. The workday often includes more than just hours worked. There are many different classifications of hours under the FLSA and variables that determine if they are considered working hours.

Waiting – There are two different kinds of waiting time. Being engaged to wait is considered work time such as short periods of down time between tasks. Waiting to be engaged is not considered work time such as free time between jobs.

On Call – An employee is considered working while on call if they are required to stay on site. Generally, if an employee is free to go about their day, they are not considered working while on call. The extent of that freedom may change whether or not the employee is considered working.

Breaks – Short breaks, often five to twenty minutes, are generally considered to be part of hours worked and are paid time. Employers may implement their own consequences for employees taking extended breaks and may be permitted to not count the extra time as time worked. Meal breaks, often thirty to sixty minutes, are usually not considered to be part of hours worked and are unpaid so long as the employee is completely free of their work responsibilities while on break.

Sleep – If an employee is on duty for shifts of twenty-four hours or longer, they may negotiate unpaid sleeping breaks with their employer. These breaks must be more than five and less than eight hours and the employer must provide a proper sleeping area. For shifts shorter than twenty-four hours, authorized sleeping breaks are considered time worked.

Training & Meetings – There are four factors that must apply in order for a meeting or training program to be unpaid: Outside of working hours, attendance is voluntary, unrelated to the employee’s job, and no work is required to be done.

Daily Commute – Regular travel time from home to work and back is not considered hours worked.

One Time Extended Commute – If an employee routinely works at one location and is required to go to another location in another city for a day, the additional commute time may be considered time worked. Employers are permitted to exclude the employee’s normal commute time from those hours.

Daily Travel – Some jobs may require travel as part of the employee’s duties such as deliveries or traveling between job sites. This travel time is considered hours worked.

Trips – If an employee is required to travel for work and is kept away overnight, this is considered travel away from home and is hours worked. Not only is working time counted, but also work hours on days off while away.

FLSA Regulations on Child Labor

There are many restrictions on the type of work that employees under eighteen years old may be permitted to perform as well as the conditions under which they are permitted to work. The FLSA does not allow minors to work jobs that they consider hazardous to the minor’s wellbeing or education. There are also restrictions governing the hours a minor is allowed to work and the breaks they must be provided. Each state also has their own laws regulating child labor that employers should be aware of.

Recent FLSA Updates

The 2018 amendments to FLSA regarding tipped employees were updated in 2020 and 2021. The new regulations forbid employers from taking any part of the employee’s tips and also updated the restrictions on when an employer can alter an employee’s pay based on earned tips.

The Joint Employer Rule was rescinded in July of 2021.

The United States Department of Labor recently began proposal of a new rule to update the regulations and guidelines for determining if a worker is an independent contractor or an employee in accordance with the FLSA. This rule was proposed in October of 2022, replacing the January 2021 rule with a more accurate and precise method for classification. The rule is considered mutually beneficial for both workers and employers, reducing the risk of employee misclassification, and increasing employer confidence and peace of mind when hiring independent contractors.

Common Violations of FLSA

Unfortunately, there are many ways in which employers can and do violate the Fair Labor Standards Act:

Misclassification – Employers may sometimes classify an employee as exempt based on their job title or type of pay rate even though the job duties and amount of pay indicate that the employee is nonexempt. It is important for employers to be mindful of all the variables of a situation and for employees to be well informed of their rights.

Not compensating off the clock work – When an employee works beyond their scheduled time, even if they are clocked out, that is still considered hours worked and the employee should be compensated. Even if the employer did not request or permit the off the clock work, they are still responsible for paying the employee.

Not compensating working breaks – When an employee is expected to be on call through their breaks, or works through their lunch, that time is considered hours worked and the employee must be compensated. In order for a break to be unpaid, the employee must not be performing any job-related duties such as cleaning, replying to emails, or interacting with clients.

Overtime waivers – If an employer has an employee sign a document waiving their right to overtime pay, that document is invalid and unenforceable.

Averaging workweeks – Sometimes, an employer may average out the number of hours an employee has worked over two or more weeks to avoid paying overtime. If an employee takes a day off one week and then works an extra eight hours the next week, the employer may average those hours out to say the employee worked forty hours each week. This may seem mathematically logical, but it is actually legally prohibited.

What to Do If Your Employer Violates the FLSA

Because there are employers who will violate FLSA, employees must be aware of the options available to them and the steps to take if they find themselves in such a situation. Complaints regarding FLSA violations can and should be filed with the Department of Labor’s Wage and Hour Division.

The WHD investigates violation claims by having a representative conduct interviews with the employer and various employees, research payroll and timecard documents, and gather any other information that may indicate if a violation has been committed.

The person who files the complaint does not need to be the person against whom the violation was committed. Anyone who witnesses their employer violating the FLSA may report that violation.

It is prohibited for an employer to retaliate against an employee who has filed a complaint or participated in an investigation against them.

How to File FLSA Complaint

When filing a complaint with the WHD, there are several details you will need to provide:

Your name

Your address

Your phone number

The company’s name, address, and number

Owner/employer/manager name

Your job duties

Your pay rate and method

It is good to be as detailed as possible when providing information. Your complaint is the starting point of their investigation. When filing a complaint as a third party, you may not have all of the information needed, but it is important to share as much as possible.

Contact Mesriani Law Group if You Have Experienced a FLSA Violation

The Fair Labor Standards Act exists to protect workers and their right to fair wages. All too often, employers try to circumvent the law and get away with cheating their employees out of the money they’ve earned. When these violations occur, employees have the right to file complaints against their employers. If you are facing retaliation for filing a claim with the Department of Labor or participating in an investigation against your employer, call Mesriani Law Group today for a free consultation.

Fair Labor Standards Act FAQs

What are the four main elements of the FLSA?

There are four primary areas established and enforced by the Fair Labor Standards Act. Establishing and enforcing minimum wage, overtime pay, regulations for recordkeeping, and regulations for child labor. While some jobs and employees may not be covered by the FLSA or exempt from overtime, the act generally applies to part time as well as full time workers of both private and government employers.

What are some common mistakes made under FLSA?

Whether intentional or accidental, there are employers who do not adhere to the regulations set forth by the FLSA. One of the most common mistakes employers make is misclassifying their employees. Not paying overtime properly and allowing employees to work off the clock or during their breaks without compensation are also violations that occur far too often. It is important for everyone on both sides of an employment relationship to be familiar with the law and how it applies to them.

What is not regulated under the Fair Labor Standards Act?

There are several aspects of employment that the Fair Labor Standards Act does not oversee. This includes but it not limited to things like the payment of wages in excess of FLSA requirements, lunch and rest breaks, termination letters, and final payments for terminated employees. The FLSA also does not regulate paid time off. It is important to also be aware of state laws and regulations pertaining to all employment matters.

#California Employment Law #Fair Labor Standards Act #FLSA #Employment Law #Employment Lawyers #California Attorneys

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osha-workplace-safety-training · 2 years

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mittensmorgul · 3 years

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Do people in the USA ever catch a break? It seems to me as though you have to fight for or against something almost every single day just to achieve humane living/working/education/... standards/conditions. No wonder 90% need therapy. Am I wrong?

when a significant portion of the population legitimately seems to have no idea the scope of the issues we're facing, and instead has been completely polarized from like... actual reality... yeah, it makes it practically impossible to actually make positive change.

it's fucking exhausting, honestly.

under a cut because i needed to vent for a minute >.>

there's been a lot of push for positive change, too, don't get me wrong. the current push to unionize labor, for example, is slowly pushing back against a lot of those issues.

but the puritan far right wing white supremacist pseudo-christian nazi nonsense is insidious. these people have such warped ideas about what it means to live in a society, and many of them are absolutely convinced that they are on the side of "good." despite resembling-- to every single person who knows history and doesn't have their head crammed up their ass-- a textbook reenactment of 1920's and 30's germany with everything from book banning to the beer hall putsch.

part of the problem is that the U.S. is basically 50 countries in a trenchcoat and the trenchcoat is full of holes. and only one side of the political equation is operating in good faith and even remotely attempting to obey the law. look at the supreme court decision on redistricting from yesterday... the supreme court basically said "oh, too bad, it's just impractical to uphold the constitution in this case, and it's easier to just... not do that." and disenfranchised MILLIONS of people in the process. so even when our highest ruling bodies apparently are choosing to just make up their own rules, it's dangerous to just sit back and do nothing.

one of my high school history teachers had a poster on the wall that i think about constantly. it said QUESTION AUTHORITY. it's not only our RIGHT but our DUTY as citizens to stand up and do something in situations like this. the constitution not only delineates our right to freedom, etc., but also our RESPONSIBILITIES as citizens in a society. And right now, only one political party cares about that second part...

it makes it really difficult to make any sort of positive change.

education is a state (and usually also individual counties within each state) issue. School boards are county-level elected entities, and most people don't bother voting for those positions. It means a lot of school boards are comprised of people who have zero business dictating what education should look like, and that's part of the problem there.

unfettered capitalism, deregulation, and the constant messaging that despite stagnant wages, predatory financial institutions, and for-profit healthcare (and that one is probably the most infuriating thing to me of all of this-- NOBODY should be profiting from essentially betting on whether people live or die...), among other things, is the "best system in the world!" we have "freedom and choice!" in all of this! and if the government stepped in to rein in any of this it would mean you'd lose that "freedom to choose!" what's best for you and your family! Like... there are a LOT of people in this country who completely believe the big insurance companies are giving them "choices" and provide the best care they can hope to get, despite even insured people not being able to afford to go to the doctor, or being told their insurance won't cover the procedures or meds they need to live because of cost, despite making millions and often billions for their investors. It's all a scam, and americans are so addicted to their own sense of exceptionalism that they refuse to confront the fact that hey, maybe we aren't the best, and maybe this system really kinda sucks...

heck i've wandered off topic again, haven't i...

ugh, sorry, but thanks for the chance to vent a little bit. i am only one smol mitten trying to live a life here, and i'm just exhausted by all of this.

#us politics #i'm so sorry my country is a trash fire literally all the time >.>

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penguinkinggames · 4 years

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“Cerebos: The Crystal City” Actual Play Part I: Introductions

This is the first in a series of posts recounting a session of actual play from Cerebos: the Crystal City, currently crowdfunding on Kickstarter. If you’ve been wondering what on Earth players actually do in a game of Cerebos, read on!

This session was conducted on March 20th, 2021, with Matthew Dorbin as GM, and Amelia Gorman, Ashley Flanagan, Will Mendoza, and Kevin Snow playing. The events of play were recorded by Zach Welhouse.

Preamble

For this session of Cerebos, the GM volunteered to run a session with the Adventure! Conductor. The conductor’s Atlas Obscura power invites the players and GM to work collaboratively to create a Stops table unique to their journey. They exchanged a few ideas over e-mail, which the GM codified. He added this new Stops table, which was heavy on the hells, to five other Stop tables to create an Atlas. Then he selected six Event tables to create an Almanac.

Everybody met in Discord and talked about unrelated matters for a bit. Then it was time to introduce characters. Each character clings to three touchstones: objects that represented their past in the City by the Sea. Each touchstone has a single Trait.

Dramatis Personae

Tinderling. A woman who looks like a burnt match.

Iron rail spike (Odd Jobs)

A single match (Burns at Both Ends)

Bird bone sewing needle (Piercing Insight)

The Unqualified Robot. A mechanical figure with a light projection screen for a head. It indicates expression by placing a large slide with the image of an emotion on the screen.

Expression slides (Toxic Positivity)

Backpack of unsold gadgets (Abandoned Junk)

Flask of motor oil (Guzzlin’)

The Lady in Blue. A woman who is as regal as she is soot-stained: exceedingly.

Gun with a single bullet (Single-Minded)

Feathered hat (Life of Luxury)

Burned handbag (Lost Sister)

The Lonesome Seafarer. A sea captain far from shore.

Patchwork coat (Coat of Theseus) (“I like it because it’s vague and we’ll find out what it means during play.”)

Blue tricorner hat (Air of Authority)

Spyglass with broken lens (Grizzled Survivor)

Some players came to the table with their whole starting concept, while others were less certain about their starting Traits. Everyone helped brainstorm starting Traits for the players who were less certain. This early riffing was the first sign of the collaboration to come.

One player noticed they gravitated toward useless items or objects of purely sentimental value. The travelers themselves were quite worn, so we were already establishing a contemplative mood. These were travelers who had been beaten down by the world, but hadn’t given up yet. Their stories would be ones of struggle and inspirational determination or grim warnings about challenging forces larger than themselves.

Goals

Based on these introductions, each player determined why another traveler was headed to Cerebos. They shared the goals with the GM over DMs, so no one knew why their traveler was on the road. The truth revealed itself over time through flashbacks

Tinderling: Her newly unionized shop got shut down by union busters. She’s looking for a place with less draconian labor laws.

The Unqualified Robot: Cerebos is home to a famous scientist who specializes in reprogramming obsolete robots for new jobs.

The Lady in Blue: The Lady in Blue's sister, the Lady in Red is a criminal ringleader in Cerebos. The Lady in Blue aims to kill her and take over her crime empire.

The Lonesome Seafarer: The Lonesome Seafarer is looking for someone lost at sea, and old rival/loved one who was believed to have perished but was seen alive in the City by someone the Seafarer trusts. They have something they want to ask them.

Based on their answers to the GM’s initial questions, the players were interested in telling a story about labor, power, and human connections.

For example, the GM asked the players if they intended to pay for passage on the train. One player suggested they might have company scrip from Tinderling's employers. The GM asked if the company had a name, at which point Inferno Heavy Industries was born. It had just opened its newest station for business, to (according to the fresh posters) was "bringing luxury to a land with so little of value".

The Journey Begins

When the travelers arrive, workmen are still unloading plants and doing their best to landscape the surrounding wasteland. The local ecosystem will probably recover. Tinderling notices a panhandler passing among the large crowds, who she recognizes as a scab from the City by the Sea.

The train still has that new train smell. It has fancy cushions and a conductor who’s knowledgeable and friendly, but not pushy. Only the best for the engine’s maiden voyage!

The Lonesome Seafarer follows the automated snack cart from car to car, loading up on the bounty of the rails. The Unqualified Robot, never having been on a train before (presumably), keeps getting in the way until Tinderling recognizes a proletariat in need and guides it to a seat. The Unqualified Robot slides a winking face into its project slot, gladdened by the kindness.

The train sets off and the GM rolls for an Event in the Almanac. The train plows through the desert, passing through a region of low hills and hexagonal pits that seep gas into the air. Plague doctors patrol the perimeter, keeping pit owls from approaching the train.

This terrain is a Danger 3 Event. If the Danger level (that is, the total Danger of all active Events) is 4 or greater by the time the train reaches a Stop, the Stop will be especially dangerous. If the Event’s individual Danger is reduced to 0, one of the travelers will receive a keepsake of the encounter.

At this point, everybody takes an action with comments, suggestions, and general role-playing filling the space in between.

First Round of Train Actions

Tinderling is familiar with gas from mines and factories. It may be dangerous! She suggests people put on wet masks. She takes the Engage Event action and rolls a Success to lower the danger to 2. Several passengers see the wisdom of this advice and mask up.

The Lady in Blue shares a story with whoever’s sitting next to her (it doesn’t matter, really) about the importance of staying calm and composed during times of danger. Take it easy, eat a little food. It will all work out. She uses the conductor’s Easy Confidence Train Action to understand Tinderling. Just a little. She gains a bonus to the next time they work together.

The Lonesome Seafarer believes the unruly owls to be a problem. She shouts out the window and waves her hat at them: “Hey! Owls! Listen to those plague doctors! They have good medical advice!” Another Success. The Event’s danger lowers to 1.

The Unqualified Robot, shocked by all the action, takes the Lady in Blue’s advice. It tries creating a meal from the snack cart, mashing snacks against its face until it’s a custardy mess. The Lady in Blue offers a napkin and they talk through the comedy of manners. Next, the Robot tries its flask. Empty. The Lady in Blue suggests whiskey for the both of them. They both Share a Meal and earn a keepsake: a tasty beverage that provides a one-time reroll of a 1 or 2.

The first round of Train Actions has ended. The train speeds on into the evening. A few owls follow, hovering just out of reach.

Second Round of Train Actions

Tinderling asks the Lonesome Seafarer about her spyglass. The Seafarer has a flashback to a terrible sea battle against a kraken. She orders her crew to battle stations! Second mate Scurvy doubts her, shouting, “Are you mad, captain? We can’t fight this!” The captain disagrees, jumping into action and fighting back the kraken almost single-handedly, saving the topsman from a tentacle that may very well be an arm. After the battle, Scurvy is nowhere to be found. During this flashback, Tinderling set up most of the action, while the Lonesome Seafarer filled in with her actions. Everyone else offered suggestions, commentary, jokes, and bit parts like sailors screaming in terror. Everybody spitballs ideas about what this scene reveals about the Lonesome Seafarer and agrees: the spyglass gains two ranks of the Tunnel Vision trait.

The Unqualified Robot sees passengers all around it talking, and emulates them by asking the Lady in Blue a nice, innocent question about the gun she’s carrying. It seems like a safe conversation opener, but draws her into a flashback! The Lady in Blue is playing cards in a seedy tavern. One hand is on her gun, which she’s holding under the table and pointing at her opponent. It’s a game of chance, but the Lady in Blue is exuberantly talking about her masterful strategy. Her opponent throws his hands in the air in disgust, knocking over several drinks. He goes to pick his mug off the ground, narrowly missing as the Lady in Blue passes her gun off to an accomplice who walks past. Her name isn’t Margaret and the Lady in Blue’s name isn’t Angela, but that’s how they refer to one another. The Lady in Blue’s player had no idea how this game would turn out while it was happening. The accomplice was probably the lost sister alluded to in her Lost Sister trait, but only future flashbacks would tell. Everyone talks about what they learned about the Lady in Blue, and her gun gains two ranks of the Nick of Time trait.

At this point in the journey, two flashbacks have flashed back. The GM rolls on the Almanac for an Event, prompting an announcement from the conductor: “Hello passengers. It’s rare for a train to get lost, but we have.”

Inferno Heavy Industries hired several competing rail gangs for its line, leading to a labyrinthine snarl of tracks. Worse, the turbulence woke a swarm of chandler beetles that had been roosting in the overhead bins. Their waxy secretions have a way of ruining any train ride or picnic, most immediately threatening the Lady in Blue’s sippin’ whiskey. This is a Danger 3 event, which raises the Danger level on the train to 4.

The second round of train actions then continues:

The Lonesome Seafarer continues her conversation with Tinderling, ignoring the beetles for the time being, prompting a flashback. Encouraged by the Lonesome Seafarer’s tale of adversity, Tinderling recalls a time she had to stitch up a friend in the mines with her bird bone sewing needle. Inferno Heavy Industries at fault. That’s when she got the idea to blow up the mine and let those hateful ghouls know their workers had dignity. Everyone decides the bird bone sewing needle gains two ranks of A Rough Patch.

The Lady in Blue decides needs must. She sacrifices her hat to scoop up the chandler beetles that are threatening her drink. It’s a snap decision that she instantly regrets. That hat was a link to who she used to be, and possibly who she would like to continue being. It was an exclusive. A very nice hat. The Lady in Blue rolls an 8 on her roll to release a touchstone. It’s an Ugly Break, so one of her other touchstones gains one Momentum. Even though her luxurious hat has been tainted by insects, she still has her fancy bag. On the bright side, she gains one Contemplation for taking a step away from her all-controlling past. She doesn’t know much about who she is or who she wants to be, but her hat and the memories connected to it certainly aren’t going to hold her back.

The second round of train actions has now concluded! The Danger level is still 4.

Third Round of Train Actions

Tinderling finishes her conversation with the Lonesome Seafarer and looks across the car to the Unqualified Robot. It’s sipping whiskey from its refilled flask, watching the Lady in Blue go after the beetles with her hat. Tinderling notices the flask looks like an oil can. The Unqualified Robot notices it’s being watched and becomes self-conscious. It thinks back to when it liberated the oil can from an Inferno Heavy Industries factory. It was scrounging for oil, always finding just enough to keep it going. Even though the factory was out of commission, automated guards were still protecting its assets. The guards were large and dystopian, while the Unqualified Robot was small and scrappy. It scraped oil off the silent factory machinery with a tiny spoon. It listened to messages on the foreman’s answering machine. The electricity bill is due in three days. The Robot dutifully writes down the messages from the answering machine and takes a sip of oil. Everyone agrees the Unqualified Robot’s story is going to go some dark places. The oil can flask gains two ranks of Drowning Sorrows.

Two more flashbacks have occurred, so the GM rolls for another Event. The players recognize the Danger is adding up, but are cavalier about it. “How bad can it be?” That’s how they get ants. Ants that are crossing the tracks in a line that stretches to the horizon. They’re carrying the components to build a death ray. Components that look suspiciously similar to the inner workings of a robot. The Event’s Danger is 1; the train’s overall Danger is 5.

The third round of train actions continues:

The Unqualified Robot Engages the Event. The ants know Morse code, as does the Robot so communication is not a problem. Understanding is more difficult. The Robot slides a diplomatic slide onto its projector screen and solemnly taps out, “Please don’t build a death ray with the components of robots. They are living creatures, demanding of dignity.” It rolls a 1 and a 2. A Setback. The Robot takes a long pull from its whiskey, using the meal keepsake to reroll the 1. Its new results are a 2 and a 2, which is still a Setback. Worse, it’s rolled doubles. If the Robot chooses not to reroll at this point, it’ll gain a point of Momentum in addition to the penalty from the Setback. However, it still has several Traits it could use. The Unqualified Robot decides a Setback makes more sense. It receives one Damage and gains a point of Momentum to its face plates. Everyone shares a good-natured laugh at how unlucky the robot is and how it will receive a Bad End at this rate.

The Lady in Blue feels a looming sense of dread and takes a Stop the Train Action. The conductor cheerfully reminds everyone that due to paperwork they signed when purchasing their tickets, the train will be making a brief, unscheduled stop to investigate several findings of industrial importance. Naturally, the NDA also applies.

Ordinarily, after calling for a Stop, any travelers who have yet to take their train action for the round would receive the opportunity to do so before the train pulls into the station; however, in the group’s eagerness to get away from the assorted owls and insects, the Lonesome Seafarer’s turn was accidentally skipped!

The First Stop

Inferno Heavy Industries scientists unload delicate instruments and set up camp. This is a burial ground, but the skeletons interred in the sands have beards and wigs made of precious metals. If they could determine how to extract metal from living bone, profits would be sure to follow.

In normal circumstances, this wouldn’t be an especially dangerous Stop. However, the travelers let the Event Danger pile up. The last remaining owls have lost interest and the conductor deals with the chandler beetles, but bad karma and the ants remain -- and they’ve decided to complement their death ray with silver and gold, both fine conductors..

In fact, the silver and gold threads are so conducive that several of the skeletons spring to unlife, animated by the scientist’s tools. They give of sparks and judder through the sands, inconveniencing scientists, passengers, and ants alike. Passengers watch the train in shifts, keeping the electric dead at bay with long poles.

The Stop has Danger 5. Since it’s so high, the travelers are unable to rest and take in the sights. Moreover, they’ll need to be very lucky if they want to leave with a fond keepsake or without suffering Damage. The train will remain for one round of Stop Actions. Tune in next time to find out how the travelers fare!

#gaming #tabletop roleplaying #tabletop rpgs #cerebos #kickstarter #violence mention #death mention #food mention #alcohol mention

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theculturedmarxist · 4 years

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This report was written by Andrew Perez, Julia Rock and David Sirota

Draft legislation circulating in the U.S. Senate would shield employers and health care industry executives from legal consequences when their business decisions injure or kill workers, customers and patients during the COVID-19 outbreak.

The unprecedented proposal to gut legal protections — which is being depicted as moderate compromise legislation and potentially attached to badly-needed state and local aid — follows a Harvard study showing a surge in worker COVID deaths following their requests for government regulators’ help.

The Huffington Post reported on Monday that Democratic Sen. Joe Manchin is joining GOP senators in backing corporate immunity legislation. A draft of the legislative language obtained by The Daily Poster includes provisions that would:

Shield companies from all coronavirus-related actions retroactively — for at least one year, or until the pandemic is over — except in cases of “gross negligence.” Most coronavirus-related lawsuits would be forced into federal courts, which are considered more friendly to business interests.

Restrict the enforcement of longstanding laws such as the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970 and the Civil Rights Act of 1964 when companies say they are attempting to comply with governments’ coronavirus guidance.

Empower the United States Attorney General to deem coronavirus-related lawsuits from workers, customers and attorneys “meritless” and then file civil actions against them as retribution. In order to “vindicate the public interest,” courts would be allowed to fine respondents up to $50,000.

Shield health care executives from lawsuits through language copied word-for-word from a statute passed in New York by Democratic Gov. Andrew Cuomo amid a spate of COVID deaths in that state’s nursing homes.

“Substantially Immunizing Businesses From Risky Conduct”

The legislation defines gross negligence as “a conscious, voluntary act or omission in reckless disregard of (A) a legal duty; (B) the consequences to another party; and (C) applicable government standards and guidance.”

“We are wiping out the laws of negligence,” said Michael Duff, a former National Labor Relations Board official who is now a professor at the University of Wyoming College of Law. “As a practical matter, we are substantially immunizing businesses from risky conduct.”

“What they want to do in this bill is throw every lawsuit out before it conceivably gets to a jury,” he said. “It means that a judge has the authority to dismiss a case right upfront. Because there’s no way that plaintiffs are going to be able to meet this standard — gross negligence.”

He added that the provision empowering the Attorney General to punish plaintiffs “is a bald-faced threat of reprisal for having the temerity to pursue rights.”

“That Is Not A Negotiation — That Is A Collapse”

Lawmakers released a separate $748 billion COVID-related proposal that includes expanded unemployment benefits, an extension of the Paycheck Protection Program, and funding for COVID-19 testing and vaccine distribution. It would also reauthorize a CARES Act provision allowing the government to funnel money to out-of-work defense contractors.

The latter package did not include a new round of $1,200 stimulus checks sought by Vermont Independent Sen. Bernie Sanders and Sen. Josh Hawley, R-Mo. Only $188 billion of the proposal is new stimulus money — the other $560 billion is repurposed from the CARES Act, passed this spring.

Sanders criticized Democrats for their handling of coronavirus relief talks. “What kind of negotiation is it when you go from $3.4 trillion to $188 billion in new money?” he said. That is not a negotiation. That is a collapse.”

According to Politico, Reps. Josh Gottheimer, D-N.J., and Tom Reed, R-N.Y., the co-chairs of the House Problem Solvers Caucus, are pushing to combine the two bills into one $908 billion proposal.

#senate #covid19 #fuck covid #bernie sanders #capitalist hell #capitalism #anti capitalism #covid legislation #class war #class warfare #OSHA #law #covid law #covid cases #burn down the senate #burn down washington

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antoine-roquentin · 4 years

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In the August case, the issue before Barrett -- which she could ultimately end up adjudicating at the Supreme Court -- revolved around Grubhub delivery drivers’ allegations that the company had violated federal law by not paying them overtime. It also involved the company’s effort to deny workers an impartial forum to adjudicate the dispute through mandatory arbitration agreements.

Drivers were required to sign agreements with Grubhub barring them from suing in court for “any and all claims” arising out of their work. When workers filed a suit against the company for not paying overtime, Grubhub sought to enforce the provision order.

The drivers countered by arguing that the provisions are unenforceable under an exemption in the century-old Federal Arbitration Act (FAA) for transportation workers “engaged in interstate commerce.”

“Certainly when Congress enacted the FAA, it never foresaw that it would be used to stop drivers for a major national delivery company from challenging their employer’s systematic violation of wage laws,” the drivers’ attorneys argued.

Unbound by a smattering of appellate and lower court rulings on the matter, Barrett had a decision to make that would govern the use of mandatory arbitration agreements -- which are perhaps the single greatest obstacle to gig workers attempting to enforce their employment rights, as they prohibit class action lawsuits.

With only one Supreme Court decision from 2001 holding the FAA exemption applied to “transportation workers” as binding precedent, Barrett could have come down on the side of the workers -- but in Wallace v. Grubhub Holdings, Inc., she instead forcefully sided with Grubhub. Barrett held that the drivers were not “a class of workers” who typically engage in interstate commerce and therefore are not protected by the exemption for transportation workers.

“The plaintiffs in today's case… completely ignore the governing framework,” she wrote. “Rather than focusing on whether they belong to a class of workers actively engaged in the movement of goods across interstate lines, the plaintiffs stress that they carry goods that have moved across state and even national lines.”

University of Wyoming law professor Michael Duff told The Daily Poster that Barrett’s decision was “long on ‘textualism’ but short on consideration of the implications of applying text mindlessly.”

“Mandatory arbitration under the Federal Arbitration Act is the ‘informal forum’ where the legal claims of ordinary workers and consumers all too often go to die,” said Duff, a former investigator at the National Labor Relations Board. “Barrett’s opinion reflects little policy interest in the fact that by 2024 more than 80 percent of private-sector, nonunion workers may be covered by forced arbitration clauses.”

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jewellansing · 3 years

Text

How to Negotiate With an OSHA Compliance Officer

The US Department of Labor can give one of their inspectors with proper credentials a task to conduct an OSHA compliance test at your local office. Most of the small shop and business owners feel confused and overwhelmed when one of the OSHA officers arrive at their place. However, there is always a reason for a compliance officer to visit and do an inspection of the site. They may come to inspect one of the operations like heating and cooling measures. Usually, employers have the right to ask for a warrant before permitting them entry at their business area or jobsite. Employment Compliance Attorneys can help in finding more about violations and inspections.

Initial Talks with the Compliance Officer

In initial conference, you may ask for the nature of the visit and the extent of the inspection. If the inspection is because of an employee’s compliant, you can ask for its copy. Officers can edit this copy to conceal that particular employee’s identity. One of the employer’s representatives mostly accompanies these officers during inspections. This allows employers in knowing the problem closely and avoiding such future examinations.

Negotiating the scope of the inspection

A workplace, company, shop, store, or factory can be both very large and normal sized. It’s better to know if the complaint is about a specific area within the premises and whether it will remain confined to that area only. Mostly, inspections concentrate on particular areas and certain hazards. However, companies are suggested to be prepared for full inspections especially in case they don’t possess a safety program. Hiring employment compliance attorneys help in keeping the workplace in compliance with necessary labor and OSHA laws. You can also Contact- Tremiti LLC for professional help.

What Does a Compliance Officer Do at the Worksite?

Companies that work with ten or more employees are required to keep an OSHA log (OSHA form 300) which consists of injuries and illnesses recorded at the site. Frequently, OSHA compliance offers review and verifies these logs. They will probably ask for your hazard control and management program, check list of any hazardous materials you’re working with, and look for noticeable OSHA poster. Companies are also required to have an accident prevention program. When employers or companies fail to produce proper records and documents, they are charged heavily in fines. To avoid making a poor impression and bad outcome of the inspection, employers can work with law firms such as Tremiti LLC for professional assistance and legal help.

It would be beneficial to inform employees at the training stage about potential inspections and that they are all working in a safe workplace. During the training period, employers should give assurance of no retaliation to their employees for anything they say in front of officers or when they are interviewed about workplace conditions. Many employees feel intimidated and naturally, they say what compliance officers want to hear. To avoid that situation, employers can hire employment compliance attorneys who will help them training the employees properly and drafting clear guidelines.

#law #lawyers #bestemploymentlawyerswallstreetny #employmentlaw #bestlawyersinny #employmentcomplianceattorneyny

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roman-catholic-mass-readings · 4 years

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16th November >> Mass Readings (USA)

Monday, Thirty Third Week in Ordinary Time

Saint Margaret of Scotland

Saint Gertrude, Virgin.

Monday, Thirty Third Week in Ordinary Time

(Liturgical Colour: Green)

First Reading

Revelation 1:1-4; 2:1-5

Realize how far you have fallen and repent.

The revelation of Jesus Christ, which God gave to him, to show his servants what must happen soon. He made it known by sending his angel to his servant John, who gives witness to the word of God and to the testimony of Jesus Christ by reporting what he saw. Blessed is the one who reads aloud and blessed are those who listen to this prophetic message and heed what is written in it, for the appointed time is near.

John, to the seven churches in Asia: grace to you and peace from him who is and who was and who is to come, and from the seven spirits before his throne.

I heard the Lord saying to me: “To the angel of the Church in Ephesus, write this:

“‘The one who holds the seven stars in his right hand and walks in the midst of the seven gold lampstands says this: “I know your works, your labor, and your endurance, and that you cannot tolerate the wicked; you have tested those who call themselves Apostles but are not, and discovered that they are impostors. Moreover, you have endurance and have suffered for my name, and you have not grown weary. Yet I hold this against you: you have lost the love you had at first. Realize how far you have fallen. Repent, and do the works you did at first. Otherwise, I will come to you and remove your lampstand from its place, unless you repent.”’”

The Word of the Lord

R/ Thanks be to God.

Responsorial Psalm

Psalm 1:1-2, 3, 4 and 6

R/ Those who are victorious I will feed from the tree of life.

Blessed the man who follows not

the counsel of the wicked

Nor walks in the way of sinners,

nor sits in the company of the insolent,

But delights in the law of the Lord

and meditates on his law day and night.

R/ Those who are victorious I will feed from the tree of life.

He is like a tree

planted near running water,

That yields its fruit in due season,

and whose leaves never fade.

Whatever he does, prospers.

R/ Those who are victorious I will feed from the tree of life.

Not so the wicked, not so;

they are like chaff which the wind drives away.

For the Lord watches over the way of the just,

but the way of the wicked vanishes.

R/Those who are victorious I will feed from the tree of life.

Gospel Acclamation

John 8:12

Alleluia, alleluia.

I am the light of the world, says the Lord;

whoever follows me will have the light of life.

Alleluia, alleluia.

Gospel

Luke 18:35-43

What do you want me to do for you? Lord, please let me see.

As Jesus approached Jericho a blind man was sitting by the roadside begging, and hearing a crowd going by, he inquired what was happening. They told him, “Jesus of Nazareth is passing by.” He shouted, “Jesus, Son of David, have pity on me!” The people walking in front rebuked him, telling him to be silent, but he kept calling out all the more, “Son of David, have pity on me!” Then Jesus stopped and ordered that he be brought to him; and when he came near, Jesus asked him, “What do you want me to do for you?” He replied, “Lord, please let me see.” Jesus told him, “Have sight; your faith has saved you.” He immediately received his sight and followed him, giving glory to God. When they saw this, all the people gave praise to God.

The Gospel of the Lord

R/ Praise to you, Lord Jesus Christ.

—————————

Saint Margaret of Scotland

(Liturgical Colour: White)

(Readings for the memorial)

(There is a choice today between the readings for the ferial day (Monday) and those for the memorial. The ferial readings are recommended unless pastoral reasons suggest otherwise)

First Reading

Isaiah 58:6-11

Sharing your bread with the hungry.

Thus says the Lord:

This is the fasting that I wish:

releasing those bound unjustly,

untying the thongs of the yoke;

Setting free the oppressed,

breaking every yoke;

Sharing your bread with the hungry,

sheltering the oppressed and the homeless;

Clothing the naked when you see them,

and not turning your back on your own.

Then your light shall break forth like the dawn,

and your wound shall quickly be healed;

Your vindication shall go before you,

and the glory of the Lord shall be your rear guard.

Then you shall call, and the Lord will answer,

you shall cry for help, and he will say: Here I am!

If you remove from your midst oppression,

false accusation and malicious speech;

If you bestow your bread on the hungry

and satisfy the afflicted;

Then light shall rise for you in darkness,

and the gloom shall become for you like midday;

Then the Lord will guide you always

and give you plenty even on the parched land.

He will renew your strength,

and you shall be like a watered garden,

like a spring whose water never fails.

The Word of the Lord

R/ Thanks be to God.

Responsorial Psalm

Psalm 112:1-2, 3-4, 5-6, 7-8, 9