Lunch No Longer Required for CA employees

SAN FRANCISCO (AP) — The California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take legally mandated lunch breaks in a case that affects thousands of businesses and millions of workers.
The unanimous opinion came after workers' attorneys argued that abuses are routine and widespread when companies aren't required to issue direct orders to take the breaks. They claimed employers take advantage of workers who don't want to leave colleagues during busy times.

The case was initially filed nine years ago against Dallas-based Brinker International, the parent company of Chili's and other eateries, by restaurant workers complaining of missed breaks in violation of California labor law.

But the high court sided with businesses when it ruled that requiring companies to order breaks is unmanageable and that those decisions should be left to workers. The decision provided clarity that businesses had sought regarding the law.

The opinion written by Associate Justice Kathryn Werdegar explained that state law does not compel an employer to ensure employees cease all work during meal periods. It stated that while employers are required to free workers of job duties for a 30-minute meal break, the employee is at liberty to use the time as they choose even if it's to work, she wrote.

"The employer is not obligated to police meal breaks and ensure no work thereafter is performed," Werdegar wrote.

Tracee Lorens, lead attorney for the plaintiffs, said she believed the court's decision still allowed some wiggle room for the case to get class-action certification on the meal break claims. Lorens said she was pleased the court did allow a separate claim regarding the plaintiffs' receiving proper rest breaks to proceed as a class-action.

Class-action lawsuits are brought by one or more plaintiffs on behalf of themselves and others facing the same circumstances, and can
include thousands of people in some cases.

Adam Hohnbaum, a former Chili's bartender and server in Encinitas, Calif., who worked for the chain for about six years, said he was pleased with the court's decision allowing at least the rest break aspect of the suit to move forward.

"Most of the time you didn't get a break or a rest period at all, it just wasn't a part of the daily operation," Hohnbaum said.

Hohnbaum hoped the attention paid to the issue would improve working conditions for current employees.

It was unclear whether the opinion would reduce or increase future class-action lawsuits on the issue because the court did not dismiss the meal break violation claim by workers but instead sent it back to be reargued in trial courts.

Lorens said she will argue to the lower court that Brinker's company meal break policies still violate state wage-and-hour laws, even though the court said employers do not have to police when those breaks are taken.

Roger Thomson, executive vice president and general counsel of Brinker, applauded the court's decision on what he thought was the key issue: whether employers must ensure workers take their breaks.

"That was the biggest issue to us," Thomson said. "It has been allowed for our team members to work through lunch if they want or take the time off instead, and this ruling allows our team members that flexibility," he said.

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Oh Zee's Words of Wisdom: Quote of the Day

Oh Zee's Words of Wisdom: Quote of the Day: "Some days we need to get out on the towns, and release the Hounds!" - Vern Scott 2010

Post Debate Statements From Ron Paul

ALAN WATTS: We Are Nothing

You Think You Know, But No!

I am getting burned out on these idiots that pretend they know everything, especially when they haven't graduated High School, or even Grade School. I am not trying to be boastful, however I have yet to meet anybody that was more well-rounded with more information on more topics than most could acquire in their lifetime. Just to inform you, I am 26 years old, and I have no prestigious award, nor a Bachelor's Degree, but I am a hobbyist reader. Not that reading is a better hobby than most have picked up along the way, but it does allow the reader to focus on the facts, dates, and major points that are within the piece of writing.

The calmness of the public is astounding, since it now seems as if nobody in Stockton knows what the hell is going on anymore or maybe they just don't care. For most it's both, and if you're one of the people that "doesn't care," then you are gonna have fun explaining that to your significant other.

We need to start realizing the harm we are doing all over the world. Our country should make it a law to not give the option of having a wrong opinion. So tell me why we should continue to let Americans have beliefs based on their opinion? Why not tell them they are wrong, and support the truth by giving them the facts. Because facts cannot be questioned.

Where Are we Headed? Do We Know??

In today's fast paced world, how many actually see the damage they cause to themselves, their loved ones, and of course, their environment. Even Politicians are more often than not to try to "stay the course," which is nearly impossible for most people. The Average U.S. citizen has a good chance of changing their mind on key issues more than once. I bet you have even switched sides on something once you were better educated on the topic. What that particular subject was, is completely irrelevant.

This is the first time in my lifetime, I am seeing the GOP trying to block their strongest presidential candidate, none other than Ron Paul. I too was skeptical of the guy from my first chance to participate in a general election in the year 2000. Even then people were bad mouthing Ron Paul, saying things similar to what is still being said today. How Ron Paul doesn't seem electable? Nothing is further from the truth, in fact I believe it's the exact opposite. Dr. Paul is the most electable, out of all the candidates in this race, including Obama, who received my vote in '08.

Survival of the Richest!

       Seeming that almost everyday I wake up, and want to know what we can do to survive as the Human race.  Because we are destroying this beautiful planet of ours, PEOPLE PLEASE!! DO NOT IGNORE SCIENCE!! We should all be doing our part to protect our home.  I would like to explore the possibility that the Earth's Expiration date is December 21st 2012, and how unprepared most people will be. 

I have always been very keen towards Math and Science, they were my two favorite subjects as an adolescent.  The main things that attracted me to these subjects are the answers are so concrete, math has been set in stone, for Thousands of years, yet each question/problem has only one answer/solution.  You are either right or wrong, close doen't count.  These same rules apply to spelling, grammar, pre-nunciation, and even History to an extent.

I believe American Students are deterred from Math & Sceince related Careers, because of the undeniable distractions the children of today deal with; TVs, Computers, Video Games, Chores, Homework, After-School Sports, Part-time Jobs, Cell Phones, BOY/GIRL problems, kids, and even Friends.  Some kids have more than those few I listed.  I am a strong believer, that we need to get our children to have limits on their workload. 

I know first hand how all of these actvities are a privilige, but I had parents that could afford all of these,  all the tasks daily demanded my focus, in order to juggle it along with my senior year of High School.  I decided not to take a Senior Math Class, nor Sceince, because the R.O.P. (Regional Occupation Program) class I chose was good for credit in these subjects. 

For some these two subjects aren't as interesting as others, because they are too difficult to understand.  Or even if you understand it, you still might not solve them problem correctly, and during any steps you take, one mistake will lead you to the wrong solution. 

I think if we take a bulk of the distractions away from children, they would be able to find more time to learn these subjects.  These are the two most important fields to venture into, yet they are now America's two least competitive field against other countries.  Let's find a way to get back on the TOP!