(source, source)

First, why is this a human rights issue? Well, there’s article 23 of the Universal Declaration:

Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

And there’s generally the issue of the absence of poverty as a human right. A minimum wage is obviously intended to protect people from poverty. Economists disagree on the effectiveness of a minimum wage: some believe it helps to combat poverty, others say that it increases poverty because minimum wage level regulation creates job losses: the price of labor will be higher than the price that would be fixed by unhindered supply and demand of labor (read here why this is supposed to be the case). However, the evidence for this is mixed, to say the least. See here for a study that shows no adverse employment effects of a minimum wage.

In the U.S., when state and federal regulations differ, the higher of the two rates applies. Currently (2009), the “minimum minimum wage” is $7.25 per hour. A minority of states has minimum wages higher than the federal minimum.

How can I get my baby into the best position for birth?

As we come close to our ‘due date’ we become quite conscious of the position of our baby inutero. Is there an ‘Optimal position’ for the baby to be in?  Yes there is. Preferably we want the baby’s head to be down and bottom up (known as ‘cephalic’). Labour is generally quicker and easier too if the back of the baby’s head is towards the front of your belly.  We also look for the head to become ‘fully engaged’ by the time you are in labour (meaning, it has dropped right down into the pelvis). When the baby is in the optimal position, labour generally progresses quite well.

If your baby is not in the optimal position, there are several things you can do to move it to a better position.  These can include:

• Leaning forward or on all fours as often as possible to move it around to the front.
• Belly dancing can be a terrific way to help the baby move into the right position or to help it move through the pelvis with ease.
• Communicating with your baby and ‘asking’ it to move
• Gentle regular massage to the belly in the direction that you want bub to turn
• Reflexology, shiatsu, acupuncture, acupressure, homeopathics etc. There are many different types of natural therapies that can be used, depending on your preferences.  Always seek the advice of a professional practitioner though when using any of these modalities during pregnancy

There are many other things you can try.  I suggest  doing a google search.  A fantastic website to visit for this is:

www.spinningbabies.com

Also a great book to read on this topic, if you can find a copy, is ‘Understanding and Teaching Optimal Foetal Positioning’ by Jean Sutton and Pauline Scott.

In keeping with the theme of my life, creating chaos and destruction wherever I go, my pregnancy and labor was no less of an adventure.  I have said a million times that I do not intentionally get everything stirred up and cause trouble!  Certain that no one believes me anymore; trouble, it just seems to follow me every where I go.  When you make a decision to live your life to the fullest and continually put yourself out there in multiple arenas, people are bound to take notice.  I confess to having hundreds of friends and I 100 % believe still, that only 3 people really know me…two being family members.  I am sharing some of my personal life experiences with ya’ll in an effort to allow you to get to know me better and in return, it is my express desire to get to know you all better too.  Please keep sharing your comments, I cherish your input.    

I did not plan my pregnancy, but being Catholic, it happened.  I remember being devastated.  My hubby was so thrilled, he was on top of the world; in contrast I was already moping around mourning the loss of my college plans, my future freedom.  At the time, I didn’t realize how much Baby #2 would be a natural extension of myself and add nothing but joy and excitement to my little universe.  In typical fashion, my hubby bailed when I hit 5 months pregnant to live overseas for the next 8 months.  I was 18 years old, living in a big house and on my own to do the whole show.  Hubby had stayed around long enough to watch me actually lose weight from yacking and my continual re-enactment of the scene from the Exorcism where my head spun around a few times. 

Jokes aside, I had to be hospitalized 9 times for severe vomiting.  I concluded the last 4 months of my pregnancy on 4 nausea meds a day to be able to keep down food.  I had this deal called hyperemesis.  They don’t know what causes it but most women who survive it statistically only have 1 child.  Next, I have a rare blood type which attacked and tried to kill my son’s blood which it considered an enemy.  My Sciatic Nerve gave out the last 2 months, effectively making walking impossible, and lastly I had these intense rashes all over my face which prevented my wearing make-up.  Lovely.  Plus, we had already inherited Baby # 1, so I spent the whole 9 months struggling to carry her weight around on my other hip everywhere I went. 

My ma’ and I went to these classes at the Naval Hospital where they teach you how “to breathe” during labor.  We were nearly expelled for making fun of the ‘70s videos they showed the class and devouring all of the hostess cookies while the teacher spoke.  Given my serious personality, I could not “exhale” on the mat without rolling into fits of laughter at how ridiculous I found the whole thought of ‘breathing’ curing pain.   The teacher instructed, “at this point in the labor your partner might lose her modesty.”  My mother shouts out, “no worries, my daughter was never modest to begin with!!!”  We were formally excused. 

Two days before the blessed scheduled event, I am sitting in Taco Bell in Laguna Niguel devouring a bean burrito.  Sharp side pain.  Ouch.  More pain.  Now remember in all of these books/ classes, you are instructed that you are going to have a ‘break’ in between contractions.  This will tell you how far apart these are.  Ouch, no break, just a whole lot of pain starting.  “Mom, I think I am in labor.”  “Really, okay, well lets just run to Ace Hardware really fast to grab a few things I need, then we’ll do labor.”  I smiled, okay.  We go to her house and watch television, call the Doctor.  I am instructed to present myself in the maternity ward.  We go.  Nurses hook me up to a machine and state that I am not in labor, just weird pain.  Go home.

Few hours later, Nurse calls, “uh mistake…you are in labor, and your contractions are 5 minutes apart.”  Apparently they had an expert read the monitor and discovered I was in the start of “back labor.”  The worst kind of labor, there is no break between contractions, just pain.  Labor started at 1pm, by 8pm at my parent’s home and I am bleeding.  We rush back to the hospital.  Your contractions are still a few minutes apart and you are only 2 cm, take these two sleeping pills…strange…and come back later.  My mom asks, “she is in full blown labor now, how do I know when to bring her back?”  Nurse replies, “bring her back when the pain is so bad she cannot speak.”  Again, strange, but we go home.

By 1 am, I have been tripping over furniture for hours due to the sleeping pills, (no sleep,) and I am in so much pain from 12 hours of labor, I had stopped speaking.  We return to the hospital except this time my father is coming unglued about the situation.  He is catching big air in his Jeep Cherokee on the way to the hospital this time, sure I am going to deliver in his back seat.  We enter through the ER.  My dad nudges the Senior Volunteer out of the way to push my wheel chair.  The Nurses hook me back up to the monitors.  “She is still in labor, we don’t have a bed, take her home and bring her back in a few hours.”  My father lost it.  He screamed at the Nurses that I “was going to give birth in the bleep bleep bleep bleep hallway before he put me through that car ride once more in active labor.”  Point taken.  13 hours into my labor the chaos begins…and I am not even halfway there…17 hours to go!  But I am still completly conscious at this point and aware of what is going on around me….

Dear All,

If you didn’t already know the United States Social Forum will be in Detroit on June 22-26, 2010.  If you do not already know this, we have to talk soon!  Just to give you a little bit more information about the USSF, it is an open space where social movements come together to converge, share ideas, ideologies and strategies.  It is open to anyone and everyone.  It is about constructing a physical and theoretical space where the people HAVE a VOICE!  The USSF is not a conference, it is NOT a five-day event, rather its an opportunity to analyze, mobilize and strategize. For more information, talk to me, or check out our multiple websites. 

http://ussf2010.org/
http://organize.ussf2010.org/
http://wiki.ussf2010.org/wiki/USSF_Planning_Wiki

This is an exciting time to be in Detroit!  It is a the time to build and strengthen our movements and give voice to our communities.  However before or rather while we figure out where we want to go, we must first know where we have been!  It is so important for us to know our history–it helps to understand how the social and economic conditions we face today were created and developed.  I once heard at a meeting that Detroit is not the way it is today by coincidence!  Come and find out more!

We are inviting you to a unique opportunity to come and learn first hand about Detroit’s history!  Every Monday General Baker, Marian Krammer and other members of the Black League of Revolutionary Workers will hold a history course at the Midwest Labor Institute from 6pm-8. 

I cannot emphasize the uniqueness of this opportunity as well as the privilege to be at the table with some of our Detroit Revolutionary Jewels!

If you can stop by tonight, we will be watching a documentary on the first workers strike at Ford.  if you are unable to come tonight please feel free to spread the word!  While this space is open and welcoming to everyone, we are also intentional about getting Detroiters and historically oppressed communities to the table. 

What:  History beyond college courses, beyond textbooks with first hand sources
When:  TONIGHT!  6-8
Where: Central United Methodist Church, on the 3rd Floor (23 E. Adams * Detroit, Michigan)
Why:  Because it’s time!

For more information about these series you can e-mail (rocio@emeac.org) or call me at 313-587-0217.

pregnancy homeopathy

Many women feel that accustomed accouchement is beneath alarming for the babyish and gives them added ascendancy over the birth. Start alertness for this aboriginal in abundance by demography approved affable exercise such as pond and walking which tones the anatomy and improves all-embracing fitness. Eat a alive diet and booty supplements or folic acerbic in recommended amounts. Draw up a bearing plan which sets out how you appetite the bearing to be managed. If it is your aboriginal baby accompany a accustomed accouchement chic to apprentice breath techniques.

Relaxation and Breath Concentrating on breath can accept a abatement aftereffect and advice you relax.

Water Bearing Immersion in a basin abounding with balmy baptize helps abate the affliction of contractions and some women go on to accord bearing in the water. Find out if your hospital provides a bearing pool or if you can appoint one. Herbal Medicine Raspberry blade tea bashed over the aftermost three months of abundance helps accent the womb.

Aromatherapy Rosemary oil lavender and camomile rubbed on your wrists forehead and neck relieves affliction during labor. Massage Affable bottomward acclamation can affluence pain abnormally in the lower back.

Consult a able practitioner/therapist for

Acupuncture Permission from the hospital breadth you are giving bearing will be bare if you intend to use this anatomy of affliction relief.

Tens Transcutaneous Electrical Nerve Stimulation This is a adaptation of acupuncture. It works by sending electrical impulses to the brain. These block the affliction letters and activate the absolution of endorphines the body’s accustomed painkillers.

Hypnosis To advice affluence astriction it is important to convenance the all-important techniques from aboriginal on in pregnancy. Permission from the hospital breadth you are giving bearing will be bare if you appetite a astrologer to appear you at the delivery.

Torn Perineum

The perineum is the bark amid the vagina and the anus. It is continued during accouchement and may sometimes tear. In some cases stitches will be bare to adjustment the damage.

Prevention

Massage the breadth consistently afore your estimated date of commitment so that it becomes added pregnancy homeopathy supple. Aromatherapy Rub bisected a teaspoonful of jojoba oil into the breadth circadian for eight weeks afore your accepted commitment date.

Treatment

If you had stitches afterwards delivery administer a algid abbreviate to the Pregnancy Homeopathy breadth try a bag of arctic peas captivated in a face cloth again dry the breadth thoroughly. The balmy air from a hairdryer works well. Aromatherapy Add two drops of lavender and two drops of cypress oil to a balmy ablution and absorb the breadth for to minutes.

Stretch Marks

These are blush or brownish streaks on the bark which eventually achromatize to silver. They are acquired by over stretching the skin.

Treatment/Prevention

Massage Essential oils of frankincense lavender or rosewood should be rubbed into the belly and high legs during pregnancy.

Homeopathy Biochemic tissue salts Calc. fluor.

Diet and Nutrition Increase assimilation of pregnancy homeopathy vitamin E or alternatively rub vitamin E oil into the skin.

As the 2009 Holiday Season moves into full swing, your company may want to take some common sense precautions to minimize the risk of waking up with a post-Holiday Season business liability hangover. The music, food, game playing, toasting with alcohol and other aspects of the celebratory atmosphere at holiday parties and in the workplace during the Holiday Season heightens the risk that certain employees or other business associates will engage in, or be subject to, risky or other inappropriate behavior that can create liability exposures or other business concerns for your business.

Discrimination & Sexual Harassment

Whether or not company-sponsored, holiday parties and other celebrations where employees celebrate with other employees or clients tend to fuel bad behavior by inviting fraternization, lowering inhibitions and obscuring the line between appropriate and inappropriate social and business behavior.

The relaxation of the environment heightens the risk that certain employees or clients will make unwelcome sexual advances, make sexually suggestive or other inappropriate statements, or engage in other actions that expose the business to sexual harassment or other employment discrimination liability. To minimize these exposures, businesses should take steps to communicate and reinforce company policies and expectations about sexual harassment, discrimination, fraternization and other conduct viewed as inappropriate by the company.  The company should caution employees that the company continues to expect employees and business partners to adhere to company rules against sexual harassment and other inappropriate discrimination at company sponsored and other gatherings involving other employees or business associates.  To enhance the effectiveness of these reminders, a company should consider providing specific guidance about specific holiday-associated activities that create heightened risks.  For instance, a business that anticipates its employees will participate in white elephant or other gift exchanges involving other employees or business associates may wish to specifically include a reminder to exercise care to avoid selecting a gift that may be sexually suggestive or otherwise offensive.  Businesses also may want to remind employees that the company does not expect or require that employees submit to unwelcome sexual or other inappropriate harassment when participating in parties or other social engagements with customers or other business partners. 

Businesses also should use care to manage other discrimination exposures in the planning of holiday festivities, gift exchanges, and other activities.  Exercise care to ensure that business connected holiday parties, communications, gifts and other December festivities reflect appropriate sensitivity to religious diversity.  Businesses also should be vigilant in watching for signs of inappropriate patterns of discrimination in the selection of employees invited to participate in company-connected social events as well as off-duty holiday gatherings sponsored by managers and supervisors.

Alcohol Consumption

The prevalence of alcohol consumption during the Holiday Season also can create a range of business concerns.  Most businesses recognize that accidents caused by alcohol intoxication at work or work-related functions create substantial liability exposures both to workers and any third parties injured by a drunken employee.  Businesses also may face “dram shop” claims from family members or other guests attending company sponsored functions injured or injure others after being allowed to over-imbibe.  To minimize these risks at company-sponsored events, many companies elect not to serve or limit the alcohol served to guests at company sponsored events.  To support the effectiveness of these efforts, many businesses also choose to prohibit or restrict the consumption of guest provided alcohol at company events.

Businesses concerned with these liability exposures should take steps to manage the potential risks that commonly arise when employees or clients consume alcohol at company sponsored events or while attending other business associated festivities. Businesses that elect to serve alcohol at company functions or anticipate that employees will attend other business functions where alcohol will be served need to consider the potential liability risks that may result if the alcohol impaired judgment of an employee or other guest causes him to injure himself or someone else.  Any company that expects that an employee might consume alcohol at a company sponsored or other business associated event should communicate clearly its expectation that employees not over-imbibe and abstain from driving under the influence.  Many businesses also find it beneficiary to redistribute information about employee assistance programs (EAPs) along with this information.  You can find other tips for planning workplace parties to minimize alcohol related risks on the U.S. Department of Labor’s website here.

When addressing business related alcohol consumption, many businesses will want to consider not only alcohol consumption at business related events as well as potential costs that may arise from off-duty excess alcohol consumption. Whether resulting from on or off duty consumption, businesses are likely to incur significant health and disability related benefit costs if an employee is injured in an alcohol-related accident.  Furthermore, even when no injury results, productivity losses attributable to excess alcohol consumption, whether on or off duty, can prove expensive to business.  Accordingly, virtually all businesses can benefit from encouraging employees to be responsible when consuming alcohol in both business and non-business functions.

Businesses also may want to review their existing health and other benefit programs, liability insurance coverage and employment policies to determine to ensure that they adequately protect and promote the company’s risk management objectives.  Many health and disability plans incorporate special provisions affecting injuries arising from inappropriate alcohol use as well as mental health and alcohol and drug treatment programs.  Similarly, many businesses increasingly qualify for special discounts on automobile and general liability policies based upon representations that the business has in effect certain alcohol and drug use policies.  Businesses can experience unfortunate surprises if they don’t anticipate the implications of these provisions on their health benefit programs or liability insurance coverage. Reviewing these policies now to become familiar with any of these requirements and conditions also can be invaluable in helping a business to respond effectively if an employee or guest is injured in an alcohol-related accident during the Holiday Season.

Concerned employers may want to listen in on the “Plan Safe Office Parties this Holiday Season” seminar that the National Safety  Council plans to host on December 9, 2009 from 10:30 a.m. -11:30 a.m. Central Time. For more information or to register call (800) 621-7619 or see here.

Gift Giving & Gratuities

The exchange of gifts during the Holiday Season also can raise various concerns. As a starting point, businesses generally need to confirm that any applicable tax implications arising from the giving or receiving of gifts are appropriately characterized and reported in accordance with applicable tax and other laws.  Government contractors, health industry organizations, government officials and other entities also frequently may be required to comply with specific statutory, regulatory, contractual or ethical requirements affecting the giving or receiving of gifts or other preferences.  In addition to these externally imposed legal mandates, many businesses also voluntarily have established conflict of interest, gift giving or other policies to minimize the risk that employee loyalty or judgment will be comprised by gifts offered or received from business partners or other outsiders.   Businesses concerned about these and other issues may want to review the adequacy of current business policies affecting gifting and adopt and communicate any necessary refinements to these policies.  To promote compliance, businesses also should consider communicating reminders about these policies to employees and business associates during the Holiday Season. Even a simple e-mail reminder to employees that the company expects them to be familiar with and comply with these policies can help promote compliance and provide helpful evidence in the event that an employee engages in an unauthorized violation of these rules.

Performance, Attendance & Time Off

Businesses also commonly face a range of attendance and productivity concerns during December.  The winter cold and flu season and other post-celebration illnesses, vacations, and winter weather inevitably combine to fuel a rise in absenteeism in December. Managing staffing needs around the legitimate requests for excused time off by employees presents real challenges for many businesses.  Further complications can arise when dealing with employees suspected of mischaracterizing the reason for their absence or otherwise gaming the company’s time off policies.  Meanwhile, performance and productivity concerns also become more prevalent as workers allow holiday shopping, personal holiday preparations, and other personal distractions to distract their performance.  Businesses concerned with these challenges ideally will have in place well-designed policies concerning attendance, time off and productivity that comply with the Fair Labor Standards Act and other laws. Businesses should exercise care when addressing productivity and attendance concerns to investigate and document adequately their investigation before imposing discipline. Businesses also should ensure that their policies are appropriately and even-handedly administered.  They also should exercise care to follow company policies, to maintain time records for non-exempt workers, to avoid inappropriately docking exempt worker pay, and to provide all required notifications and other legally mandated rights to employees taking medical, military or other legally protected leaves. In the event it becomes necessary to terminate an employee during December, careful documentation can help the business to defend this decision.  Furthermore, businesses should be careful to ensure that all required COBRA notifications, certificates of creditable coverage, pension and profit-sharing notice and distribution forms, and other required employment and employee benefit processes are timely fulfilled.

Timely Investigation & Notification

Businesses faced with allegations of discrimination, sexual harassment or other misconduct also should act promptly to investigate any concerns and if necessary, take appropriate corrective action.  Delay in investigation or redress of discrimination or other improprieties can increase the liability exposure of a business presented with a valid complaint and complicate the ability to defend charges that may arise against the business.  Additionally, delay also increases the likelihood that a complaining party will seek the assistance of governmental officials, plaintiff’s lawyers or others outside the corporation in the redress of his concern.

If a report of an accident, act of discrimination or sexual harassment or other liability related event arises, remember to consider as part of your response whether you need to report the event to any insurers or agencies.  Injuries occurring at company related functions often qualify as occupational injuries subject to worker’s compensation and occupational safety laws.  Likewise, automobile, employment practices liability, and general liability policies often require covered parties to notify the carrier promptly upon receipt of notice of an event or claim that may give rise to coverage, even though the carrier at that time may not be obligated to tender a defense or coverage at that time.

If your organization needs assistance with assessing, managing or defending these or other labor and employment, compensation or benefit practices, please contact the author of this article, Curran Tomko Tarski LLP Labor & Employment Practice Group Chair Cynthia Marcotte Stamer or another Curran Tomko Tarski LLP attorney of your choice.  Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization and Chair of the American Bar Association RPTE Employee Benefits & Other Compensation Group and a nationally recognized author and speaker, Ms. Stamer is experienced with advising and assisting employers with these and other labor and employment, employee benefit, compensation, risk management  and internal controls matters. Ms. Stamer is experienced with assisting employers and others about compliance with federal and state equal employment opportunity, compensation, health and other employee benefit, workplace safety, and other labor and employment laws, as well as advising and defending employers and others against tax, employment discrimination and other labor and employment, and other related audits, investigations and litigation, charges, audits, claims and investigations by the IRS, Department of Labor and other federal and state regulators. She has counseled and represented employers on these and other workforce matters for more than 22 years. Ms. Stamer also speaks and writes extensively on these and other related matters. For additional information about Ms. Stamer and her experience or to access other publications by Ms. Stamer see here or contact Ms. Stamer directly.   For additional information about the experience and services of Ms. Stamer and other members of the Curran Tomko Tarksi LLP team, see here.

Other Information & Resources

We hope that this information is useful to you. If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile here or e-mailing this information here or registering to participate in the distribution of our Solutions Law Press HR & Benefits Update distributions here.  Examples of other recent updates you may have missed include:

• New GINA Genetic Information Based Employment Discrimination & Confidentiality Mandates Take Effect
• SHRM Urges American’s To Oppose HR 3962, The Affordable Health Care For America Act
• Businesses Cautioned To Strengthen Investigation & Employment Practices To Minimize Potential Exposure To Retaliation Claims In Light Of Recent Supreme Court Retaliation Decision
• OFCCP To Apply Special Procedures, Heightened Scrutiny To Equal Employment Practices of Government Contractors, Subcontractors On ARRA Funded Projects
• US and UK Agree to Share Information & Cooperate On Pension Security As US Defined Benefit Plan Sponsors Face Tough New Defined Benefit Plan Funding Requirements
• Congress Considering Extending & Expanding Group Health Plan COBRA Subsidy Mandates On Heels of Enactment of Expanded Military Leave-Related Family Leave Mandates
• EEOC Prepares To Broaden “Disability” Definition Under ADA Regulations
• Tighten Employment, Ethics & Internal Controls Policies & Practices To Minimize DOJ & Other Antitrust Exposures
• IRS Proposes To Update Regulations On Exclusion of Damages Received on Account of Personal Physical Injuries or Physical Sickness To Eliminate Tort Test
• OSHA Final Rule Updates OSHA Personal Protective Equipment Standards
• DOL Proposes Changes To H-2A Temporary & Seasonal Agricultural Nonimmigrant Worker Certification Procedures & Related Rules
• “Disability” Definition Not Retroactive, Employer Action Needed To Manage Post 1/1/2009 Risks
• Employer & Other Health Plans & Other HIPAA-Covered Entities & Their Business Associates Must Comply With New HHS Health Information Data Breach Rules By September 23
• Speak Up America: Where & How To Read & Share Your Feedback About The Health Care Reform Legislation

For important information concerning this communication click here.   If you do not wish to receive these updates in the future, send an e-mail with the word “Remove” in the Subject here.

©2009 Cynthia Marcotte Stamer. All rights reserved.

As most everyone knows by now, organized labor bet the ranch on getting President Obama elected. They did this by contributing $450M of the $740M the Obama campaign used to win the election. What was the payoff you ask? Well, the National Labor Relations Board, the Department of Labor and the Federal Mediation and Conciliation Service are now essentially controlled by former long term, high level union officials and attorneys.

Let’s take a quick look at what’s happened at the NLRB just since January. Wilma Liebman, former counsel for the Teamsters and the Bricklayers unions, was recently appointed chairman. Craig Becker, former Associate General Counsel for the SEIU has been nominated to one of five seats on the board. It is well documented that Becker has very radical views on what labor reform should look like. A second nominee, Mark Pearce, has been representing organized labor for over thirty years. Liebman, Becker and Pearce represent a radical pro-union majority on the board which is bad news for business. While efforts to pass the Employee Free Choice Act (EFCA) have raised great concern in the management community, these nominees will have at least as profound an impact upon labor relations. They have the power and no doubt the will to make sweeping changes without any new legislation being passed.

Go beyond the textbook, students!

More than just as tribute to the victims, more than just a disaster story, the Triangle Shirtwaist Co. fire, and the following events including the trial of the company owners, lay out issues you can see clearly.  I think the event is extremely well documented and adapted for projects.  Theses events lay a foundation for understanding the great issues of the time.

A couple of good websites crossed my browser recently, and you should go investigate.

• From Cornell University’s Institute for Labor Relations, a site the features writings of some of the victims, headlines of the times, and several other documents suitable for classroom use or in building a Documents-based Question for an AP class.  Read accounts from survivors of the fire, and stories from some of the victims.  This is a good place to get a feeling for what people thought, then.
• From the University of Missouri-Kansas City, the home of the Douglas Linder’s “Famous Trials” page, the story of the trial of the owners of the company (they were acquitted).  This site is rich in information and images, a real gold mine for in-class slide presentations and student projects.  Just browse it, and it will make you smarter. Spend some serious time looking at, studying and analyzing, the photographs and drawings.

Events around the fire illuminate so much of American history, and of government (which Texas students take in their senior year):

• Labor issues are obvious to us; the incident provides a dramatic backdrop for the explanation of what unions sought, why workers joined unions, and a sterling example of a company’s clumsy and destructive resistance to resolving the workers’ issues.
• How many Progressive Era principles were advanced as a result of the aftermath of the fire, and the trial?
• Effective municipal government, responsive to voters and public opinion, can be discerned in the actions of the City of New York in new fire codes, and action of other governments is clear in the changes to labor laws that resulted.
• The case provides a dramatic introduction to the workings and, sometimes, misfirings of the justice system.
• With the writings from the Cornell site, students can climb into the events and put themselves on the site, in the courtroom, and in the minds of the people involved.
• Newspaper clippings from the period demonstrate the lurid nature of stories, used to sell newspapers — a working example of yellow journalism.
• Newspapers also provide a glimpse into the workings of the Muckrakers, in the editorial calls for reform.
• Overall, the stories, the photos, the cartoons, demonstrate the workings of the mass culture mechanisms of the time.

Use the sites in good education, and good health.

This post is adapted with permission from Millard Fillmore’s Bathtub.

As the Centers for Disease Control (CDC) continues cautioning Americans to expect a resurgence of the H1N1 virus, employers should continue to take prudent steps to defend their organization and their workers against a widespread H1N1 outbreak and the attendant lost time, health and disability costs, OSHA and other liability exposures and other personal and financial consequences likely to result from an outbreak. 

Employers wishing to deter the spread of the disease in their workplace should educate workers about these recommendations and consider taking steps to encourage workers to comply with these recommendations. When planning or taking steps to protect their workplaces from the H1N1 virus pandemic or other outbreaks of communicable diseases, however, employers must use care to avoid violating the Americans With Disabilities Act or other employment laws.

Preventing, Recognizing & Mitigating Risks of H1N1

Although the number of reported cases of H1N1 virus cases has declined in many states in recent weeks, CDC officials are warning American’s that the crisis is not over yet.  CDC officials last week warned Americans to expect H1N1 infection to rise as the holiday approaches and the winter progresses. With flu activity already higher than what is seen during the peak of many regular flu seasons and the H1NA virus accounting for almost all of the flu viruses identified so for this season,  Accordingly,  the CDC continues to encourage Americans to be alert for symptoms of H1N1 or other flu and to take other precautions including to get vaccinated.

Employers should continue to encourage workers and their families to take precautions to avoid catching the virus, to be on the watch for H1N1 virus or other flu infection and to respond appropriately if they, members of their families or others in the workplace exhibit these symptoms.   To help promote health habits within their workforce, many businesses may want to download and circulate to employees and families the free resources published by the CDC here.  Businesses and other concerned parties also can track governmental reports about the swine flu and other pandemic concerns at here.   

For those not already suffering from the virus and particularly for those at higher risk, the CDC continues to recommend vaccination. People recommended by the CDC to receive the vaccine as soon possible include:  health care workers; pregnant women; people ages 25 through 64 with chronic medical conditions, such as asthma, heart disease, or diabetes; anyone from 6 months through 24 years of age; and people living with or caring for infants under 6 months old.  As the vaccine becomes available, many employers are encouraging workers and their families to get vaccinated by offering vaccination clinics at or near their worksites, arranging for health plan coverage for vaccinations with reduced or no co-payments or deductibles, and/or sharing information about government sponsored or other vaccination clinics. 

While the CDC says getting employees and their families to get a flu shot remains the best defense against a flu outbreak, it also says getting employees and family members to consistently practice good health habits like covering a cough and washing hands also is another important key to prevent the spread of germs and prevent the spread of respiratory illnesses like the flu.  Employers should encourage employees and their families to take the following steps: 

• Avoid close contact with people who are sick. When you are sick, keep your distance from others to protect them from getting sick too;
• Stay home when you are sick to help prevent others from catching your illness;
•  Cover your mouth and nose;
• Cover your mouth and nose with a tissue when coughing or sneezing. It may prevent those around you from getting sick;
• Clean your hands to protect yourself from germs;
• Avoid touching your eyes, nose or mouth;
• Germs are often spread when a person touches something that is contaminated with germs and then touches his or her eyes, nose, or mouth; and
• Practice other good health habits.  Get plenty of sleep, be physically active, manage your stress, drink plenty of fluids, and eat nutritious food.

Employers also should encourage workers and their families to be alert to possible signs of H1N1 or other flu symptoms and to respond appropriately to possible infection.  According to the CDC, all types of flu including H1NA typically include many common symptoms, including:

• Fever
• Coughing and/or sore throat
• Runny or stuffy nose
• Headaches and/or body aches
• Chills
• Fatigue

Patients suffering from H1N1 flu usually report these same symptoms, but the symptoms often are more severe. In addition to the above symptoms, a number of H1N1 flu cases reported vomiting and diarrhea.

CDC recommends individuals diagnosed with H1N1 flu should:

• Stay home and avoid contact with others for at least 24 hours after a fever (100°F or 37.8°C) is gone without the use of fever reducing medicine except to get medical care or for other things that must be done that no one else can do;
• Avoid close contact with others, especially those who might easily get the flu, such as people age 65 years and older, people of any age with chronic medical conditions (such as asthma, diabetes, or heart disease), pregnant women, young children, and infants;
• Clean hands with soap and water or an alcohol-based hand rub often, especially after using tissues or coughing/sneezing into your hands;
• Cover coughs and sneezes;
• Wear a facemask when sharing common spaces with other household members to help prevent spreading the virus to others. This is especially important if other household members are at high risk for complications from influenza;
• Drink clear fluids such as water, broth, sports drinks, or electrolyte beverages made for infants to prevent becoming dehydrated;
• Get plenty of rest;
• Follow doctor’s orders; and
• Watch for signs for a need for immediate medical attention. Suffers should get medical attention right away if the sufferer has difficulty breathing or chest pain,  purple or blue discoloration of the lips, is vomiting and unable to keep liquids down, or shows signs of dehydration, such as feeling dizzy when standing or being unable to urinate.

In seeking to contain the spread of the virus within their workplace, employers also should be sensitive to workplace policies or practices that may pressure employees with a contagious disease to report to work despite an illness and consider whether the employer should adjust these policies temporarily or permanently in light of the ongoing pandemic.  For instance, financial pressures and the design and enforcement of policies regarding working from home and/or qualifying for paid or unpaid time off significantly impact the decisions employees make about whether to come to work when first experiencing symptoms of illness.  Employers of workers who travel extensively – may wish to delay or restrict travel for some period. 

Employers Must Employment Discrimination & Other Legal Compliance Risks

Many employers may want to evaluate and appropriately revise existing policies with an eye to better defending their workforce against a major outbreak.  Whether or not the disease afflicts any of its workers, businesses can anticipate the swine flu outbreak will impact their operations – either as a result of occurrences affecting their own or other businesses or from workflow disruptions resulting from safeguards that the business or other businesses implement to minimize swine flu risks for its workforce or its customers.  Many businesses also will want to prepare backup staffing and production strategies to prepare for disruptions likely to result if a significant outbreak occurs. 

Employers planning for or dealing with an H1N1 or other epidemic in their workplace should exercise care to avoid violating the nondiscrimination and medical records confidentiality provisions of the Americans with Disabilities Act (ADA) and/or the Genetic Information Nondiscrimination Act (GINA), the Family & Medical Leave Act of 1990 (FMLA), the Fair Labor Standards Act (FLSA) and applicable state wage and hour laws, and other employment and privacy laws.

Improperly designed or administered medical inquiries, testing, vaccination mandates and other policies or practices intended to prevent the spread of disease may expose an employer to disability discrimination liability under the ADA or GINA.  For instance, the ADA generally prohibits an employer from making disability-related inquiries and requiring medical examinations of employees, except under limited circumstances permitted by the ADA. Likewise, improperly designed or communicated employer inquiries into family medical status which could be construed as inquiring about family medical history also may raise exposures under genetic information nondiscrimination and privacy mandates of GINA that took effect November 21, 2009.

During employment, the ADA prohibits employee disability-related inquiries or medical examinations unless they are job-related and consistent with business necessity. Generally, a disability-related inquiry or medical examination of an employee is job-related and consistent with business necessity when an employer has a reasonable belief, based on objective evidence, that:

• An employee’s ability to perform essential job functions will be impaired by a medical condition; or
• An employee will pose a direct threat due to a medical condition.

This reasonable belief “must be based on objective evidence obtained, or reasonably available to the employer, prior to making a disability-related inquiry or requiring a medical examination.”

Additionally, the ADA prohibits employers from making disability-related inquiries and conducting medical examinations of applicants before a conditional offer of employment is made.  It permits employers to make disability-related inquiries and conduct medical examinations if all entering employees in the same job category are subject to the same inquiries and examinations.   All information about applicants or employees obtained through disability-related inquiries or medical examinations must be kept confidential. Information regarding the medical condition or history of an employee must be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record.  The EEOC Pandemic Preparedness In The Workplace and The Americans With Disabilities Act Guidance makes clear that employer inquiries and other H1N GINA’s inclusion of information about the “manifestation of a disease or disorder in family members” is likely to present a liability trap door for many unsuspecting employers H1N1 and other epidemic planning and response activities should be carefully crafted to avoid violating these proscriptions.

GINA’s inclusion of information about the “manifestation of a disease or disorder in family members” also could present a liability trap door for some employers designing pandemic or other workplace wellness, disease management or other programs.  GINA defines “genetic information” broadly as including not only information about genetic tests about an individual or his family member as well as information about the “manifestation of a disease or disorder in family members of such individual, GINA also specifies that any reference to genetic information concerning an individual or family member includes genetic information of a fetus carried by a pregnant woman and an embryo legally held by an individual or family member utilizing an assisted reproductive technology.  For more information about the new GINA genetic information employment discrimination rules, see here.

As part of their pandemic planning, employers also generally should review their existing wage and hour and leave of absence practices.  Employers should ensure that their existing or planned practices for providing paid or unpaid leave are designed to comply with the FLSA and other wage and hour and federal and state leave of absence laws. Employers also should review and update family and medical leave act and other sick leave policies, group health plan medical coverage continuation rules and notices and other associated policies and plans for compliance with existing regulatory requirements, which have been subject to a range of statutory and regulatory amendments in recent years.  If considering allowing or requiring employees to work from home, employers also need to implement appropriate safeguards to monitor and manage employee performance, to protect the employer’s ability to comply with applicable wage and hour, worker’s compensation, OSHA and other safety, privacy and other legal and operational requirements. 

Businesses, health care providers, schools, government agencies and others concerned about preparing to cope with pandemic or other infectious disease challenges also may want to review the publication “Planning for the Pandemic” authored by Curran Tomko Tarski LLP partner Cynthia Marcotte Stamer available at here.  FLU.gov is a one-stop resource with the latest updates on the H1N1 flu. An additional resource is CDC INFO, 1-800-CDC-INFO (1-800-232-4636), which offers services in English and Spanish, 24 hours a day, 7 days a week.  Schools, health care organizations, restaurants and other businesses whose operations involve significant interaction with the public also may need to take special precautions.  These and other businesses may want to consult the special resources posted  here. 

Cynthia Marcotte Stamer and other members of Curran Tomko and Tarski LLP are experienced with advising and assisting employers with these and other labor and employment, employee benefit, compensation, and internal controls matters. If your organization needs assistance with assessing, managing or defending these or other labor and employment, compensation or benefit practices, please contact the author of this article, Curran Tomko Tarski LLP Labor & Employment Practice Group Chair Cynthia Marcotte Stamer.  Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization and Chair of the American Bar Association RPTE Employee Benefits & Other Compensation Group and a nationally recognized author and speaker, Ms. Stamer is experienced with assisting employers and others about compliance with federal and state equal employment opportunity, compensation, health and other employee benefit, workplace safety, and other labor and employment laws, as well as advising and defending employers and others against tax, employment discrimination and other labor and employment, and other related audits, investigations and litigation, charges, audits, claims and investigations by the IRS, Department of Labor and other federal and state regulators. Ms. Stamer has advised and represented employers on these and other labor and employment, compensation, health and other employee benefit and other personnel and staffing matters for more than 22 years. Ms. Stamer also speaks and writes extensively on these and other related matters. For additional information about Ms. Stamer and her experience or to access other publications by Ms. Stamer see here or contact Ms. Stamer directly.   For additional information about the experience and services of Ms. Stamer and other members of the Curran Tomko Tarksi LLP team, see here.

Other Information & Resources

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• New GINA Genetic Information Based Employment Discrimination & Confidentiality Mandates Take Effect
• SHRM Urges American’s To Oppose HR 3962, The Affordable Health Care For America Act
• Businesses Cautioned To Strengthen Investigation & Employment Practices To Minimize Potential Exposure To Retaliation Claims In Light Of Recent Supreme Court Retaliation Decision
• OFCCP To Apply Special Procedures, Heightened Scrutiny To Equal Employment Practices of Government Contractors, Subcontractors On ARRA Funded Projects
• US and UK Agree to Share Information & Cooperate On Pension Security As US Defined Benefit Plan Sponsors Face Tough New Defined Benefit Plan Funding Requirements
• Congress Considering Extending & Expanding Group Health Plan COBRA Subsidy Mandates On Heels of Enactment of Expanded Military Leave-Related Family Leave Mandates
• EEOC Prepares To Broaden “Disability” Definition Under ADA Regulations
• Tighten Employment, Ethics & Internal Controls Policies & Practices To Minimize DOJ & Other Antitrust Exposures
• IRS Proposes To Update Regulations On Exclusion of Damages Received on Account of Personal Physical Injuries or Physical Sickness To Eliminate Tort Test
• OSHA Final Rule Updates OSHA Personal Protective Equipment Standards
• DOL Proposes Changes To H-2A Temporary & Seasonal Agricultural Nonimmigrant Worker Certification Procedures & Related Rules
• “Disability” Definition Not Retroactive, Employer Action Needed To Manage Post 1/1/2009 Risks
• Employer & Other Health Plans & Other HIPAA-Covered Entities & Their Business Associates Must Comply With New HHS Health Information Data Breach Rules By September 23
• Speak Up America: Where & How To Read & Share Your Feedback About The Health Care Reform Legislation

For important information concerning this communication click here.   If you do not wish to receive these updates in the future, send an e-mail with the word “Remove” in the Subject here.

©2009 Cynthia Marcotte Stamer. All rights reserved. 

Bei einem der letzten Einkäufe hatte ich, von einem Deckblatt der gefühlten Tausend Kochmagazine, eine spontane Inspiration.

Ein Dessert in From einer Winterlandschaft!

Das heißt, irgend etwas rundum das Thema Tannenbäume, Schnee und Schneemann. Da ich ein Lieblings(sommer)dessert habe , kam mir die Idee, dieses in die Winterzeit zu transportieren.

Zuerst muss ich jedoch das Thema Tannenbaum so hinbekommen wie ich mir das gedacht habe.

Weihnachtsbaum

Dazu habe aus Backpapier einen Kreis ausgeschnitten und diesen zu einem Kegel gedreht (hierzu ist ein Schnitt bis zur Mitte hin notwendig). Das ganze mit einer Büroklammer fixieren, mangels Büroklammer habe ich das ganze kurzerhand zusammen getackert, hat wunderbar funktioniert!

Diesen Kegel habe ich mit Teig für einen Bananenkuchen gefüllt und in eine schlanke hohe Café-Tasse gestellt (zufälligerweise haben wir eine entsprechende Tasse die nach oben auch noch konisch ausläuft) und nach Vorgabe im Backofen gebacken.

Nach dem auskühlen und dem “entformen” wurde das ganze zu einem Weihnachsbaum dekoriert.

Die nächsten Schritte sehen jetzt so aus:
Den Zuckerguss mit grüner Lebensmittelfarbe einfärben.
Schneemann aus Vanilleeis (???) und Schokolade
Schnee – Quark-Mascarpone-Vanille Masse

There is often a cruel and stark contrast between the lives of children in the developing world and the lives of children in America. Indian children as young as six work 12-hour days to make colorful latex balloons for just pennies a day. The terrible irony that party balloons for Western children’s celebrations are being made by kids the same age under abusive and exploitative working conditions is the stuff of Hollywood plot lines. But such child labor in factories is too real for children across India and around the world.

I urge you to check out the great photo essay on this subject here. In vivid and disturbing pictures, we follow the story of Czoton, a 7-year-old boy who works all day, every day, in a balloon factory in rural India. He and 19 other children work 12-hour days, 7 days a week, for about $2.14 per week. Conditions in the factory are harsh. The children work outside in the sweltering heat, unprotected from the elements. They inhale the dust and chemicals which can cause serious damage to their health. Because they work in the factory, they aren’t able to go to school.

It’s an unpleasant and unavoidable reality that Czoton and his fellow child laborers are making these balloons for us. Balloons from factories which exploit children’s labor are shipped to the U.S. and sold cheaply, to make other children happy. Children who grow up in privileged homes and those who grow up in unprivileged homes have unequal opportunities in a number of ways. The difference between laboring all day to make the trappings of a birthday party and being the recipient of a birthday party is just one of those ways.

If you’re a parent looking to start a conversation with your child about how other children around the world are less fortunate, sometimes child labor is a good place to start. Age-appropriate information about how some children are not allowed to go to school and instead much work long days can help kids better understand global inequality. It might even make school sound more appealing. One middle school in Texas even set up a simulated sweatshop to show children how the experience of toiling in menial labor compared to going to school and being free. Learning about how other children live can help kids become less narcissistic and more selfless.

Balloons are just one of many, many consumer goods that use exploited or enslaved children somewhere in the supply chain. If you want to start researching where the products you buy come from and whether or not they’ve been made by child labor or forced labor, check out the Department of Labor’s list of slave-made goods.

source: http://humantrafficking.change.org/blog/view/indian_kids_labor_to_make_balloons_for_american_kids_parties

We Are All One People

The Stitched in Time and Place and the Landquilt series express the lived experience of class as expressed in fiber art and craft in a global economy of abundant availability of commercially produced consumer goods.  In some ways the denim “paintings” refer to/remind one of traditional landscapes like “We Are All One People” to the right, or “Border Line” at the bottom of this page.

These paintings use denim both as a pigment and as a canvas.

Stitched to the Earth #8: Migrant Labor

Stitched to the Earth #9: Grandmother's Garden

Stitched to the Earth #10: Day labor

Landquilt Series: The Plains Before Invasion

Landquilt Series: Yellow Horizon Line #2 (The Gold Rush of 1849)

Stitched to the Earth #2: In Memory of the Family Farm Lost to Foreclosure

Stitched to the Earth #1: In Joy and Sorrow

Stitched to the Earth #11: (Sharecropper) 26"H x 18"w x 1" D 2008

Stitched To the Earth 12: 20"H x 16"W x 1"D 2008

Landquilt Series: Black Horizon Line, Denim, Fabric, Oil, 28"W x 24"H'04 Pieced denim, painted & raw canvas 26"W x 22"H

Stitched To the Earth# 4: We Leave Traces of Our Lives 36"H x 48"W x 2"D, 2005

Stitched To the Earth # 7 : Miner's Blues 16"H x 18"W x 1"D 2006 (In the collection of Barry & Joan Cotter)

Stitched To the Earth #6: Crossroads, 30"H x 24"W x 1"D 2006

Stitched To the Earth #5: Migrations 2005 (Donation to the Roger Park Health Center 2/08)

Stitched to the Earth #3: Sky, Earth. Water (alternate subtitle: Laundry Hung out to Dry) 40"W x 32"H x 2"D, 2005

Artist Statement

Miner’s Blues and Migrant Labor are constructed from fragments of blue jeans which have been thrown away.  Often I have rescued them from dumpsters.  Sometime they are give to me by friends who know my work. These used jeans have a beautiful patina in the heavily worn and torn sections.

Miners Blues  is a landscape.  At the top is a blackened sky, dark with clouds and harsh weather or polluted air.  Below the horfizon line we see a cross-section of the scarred and excavated seams of minerals below the earth’s surface. It is mined by men whose work is dangerous, unhealthy and difficult, but necessary to them and their families’ survival.  “Blues” has a double meaning, referring both to the jeans they wear and to the hardships endured to earn their daily bread.

Migrant Labor is about the roads travelled in search of work.  These fragments are from the bottom of the pant leg, literally where the foot

Landquilt Series: Yellow Horizon Line (Fabric, Denim and Oil)

leaves and re-connects to the ground.  The opened hems of pant legs have faded to beautiful patterns suggestive of aerial views of railroad ties, roadways, and crop furrows. The impact of the migrant’s footsteps leave behind an imprint of use as a tactile x-ray of the workers’ labor and migrations.

Border LIne

[The \"Great\" Game] has been afoot for a long time. As we view the horrendous images of soldiers AND children losing their lives on the streets of [Kabul],Afghanistan we Americans have NO inkling, ( due to political manipulatings of “EDUCATION”.), of just how long and intense the GREED of this world has continuously reformulated their need to have, even when they DON’T OWN the sought items.

Since, (approximately.), the 1850’s the term MIDDLE EAST has been used to describe an area that has such great influence over the peoples of the world that the three most practiced religions , Judaism, Christianity, and Islam, bloomed from that region’s thoughts. The area has also given the world some of its most enduring modes of accomplishing progress, (Algebra was known to the Babylonians over 4000 years ago. “Enhanced” by Charles Boole [Computer\'s algorithm= Artificial Intellience]. Used to get Neil Armstrong on the Moon.), throughout history.

As we have arrived at this moment in history, and “progression”, the influences of the game’s players have, again begun a new [renting/ rending] of the ancient rights and privileges of this influential region of peoples. As we Americans view our digitally dis -informed idiot cubes we should,( FINALLY), begin to learn about this WORLD, and our FELLOW HUMAN BEINGS. And let those who’d deliver FALSE INFORMATION be driven from their position of delivery. It actually takes LESS than a MILE to understand a LESSON, when the lesson learned has so many shards STILL IN THE SHOE.

The “GAME” has been set before us in many forms, but the most important form is the one that we’ve blindly, willingly been ‘PLAYED’ throughout our, our ancsestors’, and progeny’s LIVES. The game… we should have been told the correct set of rules, and have that set be for ALL “PLAYING”.

Have you EVER felt that those we’ve “ELECTED” are constantly SHAVING POINTS !?!

On September 5, 1882, the Knights of Labor organized the first parade honoring New York’s workers. Two years later, they voted to make it an annual event. Over the next ten years some thirty states across the US followed New York’s lead and declared a day to honor laborers with parades, fairs, barbecues and picnics. In 1894, an act of Congress finally declared the first Monday of September to be a federal holiday — Labor Day — dedicated to America’s work force. Halfway between the Fourth of July and Thanksgiving, Labor Day signals an end to summer and the beginning of the new school year. In 1907, labor leader and UAW chief Walter Reuther was born. Happy Labor Day!

Advocates for the poor had better get their heads out of the clouds.  More and more we see people not caring about what really works to get people out of poverty but only going with what perpetuates the need for their idiotic wasteful  bureaucracy.

The stupid pinheads at Hunger Action Network wants to see an almost $3 increase in the minimum wage.

HT CS9

That would put so many employers out of business and impact more directly the people they’re trying to help than if they just leave the minimum wage where it is.

So few people work at the bottom level anyway.  When the economy is going well there’s a labor shortage which automatically increases wages better and faster than any shortsighted law.

IMHO they should lower the minimum wage and watch how many jobs that creates.  But that just makes too much sense to do something that might really work to get people out of poverty.

But these Hunger Action people only know one mantra that repeats the same cycle of defeat.  Raise the minimum wage and make unemployment and poverty go up.

Job and life skill training is what people need.  More skills raises the demand for what they offer making their wages go up due to higher productivity.

Tell The Hunger Action Network to take a big drink of “Get The Heck Outta The Way” and let advocacy groups that really work people out of poverty do their job.

This is just another redistribution of wealth scenario to make us more like North Korea every day!