My Last Day on the Plantation. 

::THE pain in the ass::

Well folks, I am released from Purgatory.    Jan 22nd was my last day at my job.    They moved the project to Fredericksburg VA, where TSA is based.  This was due to some internal bullshyt, but is ok with me. 

This job was miserable and depressin’.    This was a call center that took calls for TSA for the TWIC card.    This is a card that someone between TSA and Dept of Homeland Security, (and implemented by Lockheed Martin) sat up one day and decided to mandate that all “transportation workers” (and that list is growing on the daily!) are required to have this ‘credential’ basically  as a condition of their employment. 

At cost of $132.50.  

TSA urged these people to apply for this card with a deadline of April 15, 2009.  ( The mandate was prototyped in 2007)    Of course that day has come and gone, and people are still applying and waitin’ for cards to date.    Some of the enrollment centers required folks to drive across state lines to apply, and you had to return there to pick up the card, since they will not mail them out… 

They told these people who once they applied they would have their cards within 6-8 weeks.    If they had to file a ‘appeal or waiver’, which means that they have found something in their background questionable,  that would be decided within 25 days (that statement has since been taken off the TSA site, since it surely is untrue).    Well the person (Trusted Worker, they are called) can expect to wait on, the average I’ve seen, 8-9 months;  there are people who  applied for this card in 2007, and still do not have a card.    What this means is that these people cannot go to work and feed their families during this time.  

This card was also made mandatory for Merchant Mariners.   This means they had to apply for another card to carry to work,  or not work at all.   Since they and HME have a ‘comparable background check’ they were charged $105.25 and MIGHT get their cards sooner.    Not always the case. 

Thats where it got depressing.   We took the calls from people who had not heard anything about their card status in over a year, and having lost their jobs, are now losin’ their cars, homes, and in one guy’s case, his whole family because he could not support them.    His wife left him and took the kids….all over this dayumm card.    If in their frustration they wanted to speak with a supervisor, we were to tell them that the supervisor will give the same infor to  try to deter them from asking for the sup.  If they persisted we took down “call back” info;  they rarely (never) got that call back… 

TSA is makin’ mistakes as well.    The Agents in the enrollment centers (from temp agencies with little/no  training) are losing information, misspelling TW’s names, and mis-filing applications.    The fingerprint thingy failed in alot of centers, and that caused delays.    All this costs the TW eons of time,  because they either have to wait for them to ‘locate the enrollment’ or re-apply all together.     Another 6 months waiting and out of work…  

We ‘escalate’ the tickets and TSA does not even touch them for 3-4 months.   The card status online (when the site is not 404!) has not been updated almost since the day the TW applied.     There was one while that someone from TSA (not sayin their name) was closing the tickets and saying they were duplicates and to search for them by Application ID.   Well since you closed the ticket why not include the actual ticket number instead of adding more drama to the rep by asking them to search for something that could have been included on a system that doesn’t work?    This all before she re-opened them days/weeks later, with a note, apologizing that this was done in error.     These workers don’t have time for errors.  

I took a call one day from a guy in Idaho, who’d never been anywhere in his life but there, yet TSA told him he needed to explain his birth in Algiers!    This means he had to file the fatal “appeal and waiver”, which had taken at the time of the call, already 10 months with no answer.    All because someone made a mistake. 

The Appeal & Waiver process is deeply flawed.    Not only do they take inordinate amounts of time to ‘depose’ these requests, they are wrongly assessin’ folks; people are getting the Initial Determination letter, and are not aliens and do not have criminal records.    If you don’t answer the letter in 60 days (but they can take a year!) they will close your case “without action”-which means you have to WRITE A LETTER to TSA and ‘request they re-open your case!   WTF?    They are also closing cases before the TW even gets the letter,  before the 60 days have passed, and by mistake since some of the people HAVE NOT RECEIVED a letter in the first place! 

NELP (National Employment Law Project) released a study last June, that 10,000+ workers had lost their job by the time that study was created…all due to this dayumm card and the missteps of TSA and Lockheed Martin.    And these people are impactin’ the UI numbers as well but for a different reason.   Not because there IS no work and they’re not able and ready, but because they CAN’T  take the job…because of this card.    These numbers are blamed on Obama too, tho its the fault of the aforementioned entities.. 

They  have no recourse, since they are being told they cannot bring any action against The Government. 

Meanwhile we are locked down to a 4.50 min handle time, while we searched for the ticket number (90% of the callers didn’t have it!) stated and spelled back everything on the ticket, searched for the App ID (that 90% didn’t have!)  BEFORE we handled the callers issue,  and raked over the coals for misspelled words or grammar , (yet Lockheed Martin couldn’t spell a lick, and thats all the way up to the top guy!), or missin’ that impossible handle time workin on an application that spent more time hangin’ on the screen frozen or with CGI errors than anything else…    They have no idea how to run a call center.  At all. 

I would have to come home and ‘de-program’ and get my head together.  I’ve been in Customer Service for a long time.    This was not Customer Service as I knew it;  a manager there told me once that we ARE NOT customer service; we are the ‘Help Desk’-all we are to do is tell them the (flawed and incorrect) information we see on then screen and get them off the phone.   I’m guessin’ that was due to  Lockheed  payin them by ticket we produced on each call.    Help my ass;  I’m not used to that.   

I hated even goin’ there every day, my attitude and energy  sank the closer I got to the building every mornin’ .     I was losin’ sleep and havin’ frequent headaches.    I took a 30-day leave back in August, just due to the stress…

They offered us positions in other departments.    I turned that down and took the attractive severance pkg, and my investments in the company.  We will also get UI since we are statused as ‘laid off.’    I’m runnin off to Cali for some down time.   I will spend some time just ‘breathing’ and gettin’ my emotions in order.     It’s hard to listen to these stories these people had without emotin’ with them.     

You had to be made of stone… 

I just hope  someone gets this shyt together.

BAIR MUST RESIGN: Conflict Of Interest

Ann McKinley NMLS#200305, Network Funding

HUD has temporarily waived the rule on FHA loans that prohibits insuring mortgages on homes which the seller has owned less than 90 days.  Previously this requirement has both prevented the quick turn around of foreclosed property and limited buyer’s loan options when seeking affordable homes.  The current plan is for the waiver to be in effect for one year, however FHA may withdraw or extend at any time.  It does come with the following restrictions:

*Transactions must be arms-length.  No identity of interest between the buyer and seller.
*If the sales price is 20% or more above the seller’s acquistion cost, the lender must meet specific conditions for the waiver to apply.
*Waiver is limited to forward mortgages and cannot be used under the Home Equity Conversion Mortgage purchase program.

Read More: full text of waiver on HUD.gov

Blackwell v. United Drywall Supply

Plaintiffs were employed by Defendants.  In September 2007, they sued Defendants pursuant to the Fair Labor Standards Act (FLSA).  Plaintiffs alleged that, from 2002 forward, Defendants intentionally violated the Act by failing to pay them properly for overtime.  Plaintiffs further alleged that, in 2007, “as a result of an investigation by the United States Department of Labor involving allegations of the improper payment of overtime compensation to its laborer employees, [United Drywall] made payments to various employees for past due overtime compensation.”  Plaintiffs alleged that Defendants retaliated against Williams for his complaints to the Department of Labor regarding overtime violations.  And, Plaintiffs alleged that the payments made as part of the Department of Labor supervised settlement were “far lower than what the employees were legally due.”  They sought allegedly unpaid overtime compensation for three years before the filing of the complaint and attorney’s fees and expenses pursuant to § 216 of the Act.  The Court below granted Defendants’ Motion for Summary Judgment holding that Plaintiffs’ signing of the DOL WH-58 form and cashing of settlement checks was a valid waiver of their FLSA rights.  On appeal, the Eleventh Circuit affirmed.

Framing the issue before it, the Court explained, “Defendants moved for summary judgment, arguing, among other things: (1) that Plaintiffs had waived their right to sue under the Act when they cashed checks from United Drywall pursuant to the 2007 settlement between the parties supervised by the Department of Labor, and (2) that Plaintiffs are exempt employees under the Motor Carrier Exemption in the Act (“the Exemption”) and therefore are not entitled to back pay pursuant to the Act. Plaintiffs opposed the motion, arguing that there were genuine issues of fact regarding whether they had knowingly waived their rights to sue and whether the Exemption applied.  After considering arguments and evidence from both sides, the district court granted Defendants’ motion for summary judgment. The court held that, because Plaintiffs had received Department of Labor form WH-58 (which contained a statement that if Plaintiffs accepted the back wages provided in conjunction with the form, they would give up their rights to bring suit under the Act) and because Plaintiffs had cashed the checks provided in conjunction with the WH-58 forms, Plaintiffs had waived their rights to sue Defendants for the payments they sought under the Act.  The court entered judgment for Defendants.  Plaintiffs appeal the judgment.”

Addressing and denying Plaintiffs’ appeal, the Court reasoned, “Plaintiffs argue that the district court erred in finding waiver because Plaintiffs did not knowingly and intentionally waive their rights to sue. They argue that the WH-58 form provided to them by the Department of Labor is ambiguous and did not put them on notice that, by cashing the checks, they would waive their rights to sue for additional back pay. Defendants argue that the district court correctly found waiver and that the judgment can be supported on the additional ground that the Exemption applies to bar Plaintiffs’ claims. In their reply brief, Plaintiffs respond that affirmance of the judgment based on the Exemption would not be proper because the Exemption is not applicable to Defendants’ business as a matter of law or, in the alternative, there are genuine issues of material fact regarding the application of the Exemption.

We affirm the judgment. We find no error in the district court’s holding “that receipt of a WH-58 form and cashing of the employer’s check is sufficient to effect a waiver of the right to sue under the FLSA.”  There is no dispute that Plaintiffs received WH-58 forms in connection with the checks written by United Drywall and given to Plaintiffs by the Department of Labor as part of the supervised settlement between United Drywall and its employees. Those forms are receipts for payment of “unpaid wages, employment benefits, or other compensation due … for the period up to and including 05/20/2007 … under … The Fair Labor Standards Act….” They contain this language:

NOTICE TO EMPLOYEE UNDER THE FAIR LABOR STANDARDS ACT-Your acceptance of back wages due under the Fair Labor Standards Act means that you have given up any right you may have to bring suit for back wages under Section 16(b) of that Act.     ( Id.)

The WH-58 forms then proceed to describe the types of recovery and statutes of limitations under § 16(b) of the Act. We agree with the district court that these forms unambiguously informed Plaintiffs that, if they cashed the checks provided with the forms, they would be waiving their rights to sue for back pay. And, there is no dispute that Plaintiffs cashed the checks. Therefore, the district court correctly determined that ‘both Plaintiffs have waived their right to sue.  Affirming the judgment on waiver grounds, we do not address the parties’ arguments regarding application of the Exemption.’ “

We affirm the judgment. We find no error in the district court’s holding “that receipt of a WH-58 form and cashing of the employer’s check is sufficient to effect a waiver of the right to sue under the FLSA.”  There is no dispute that Plaintiffs received WH-58 forms in connection with the checks written by United Drywall and given to Plaintiffs by the Department of Labor as part of the supervised settlement between United Drywall and its employees. Those forms are receipts for payment of “unpaid wages, employment benefits, or other compensation due … for the period up to and including 05/20/2007 … under … The Fair Labor Standards Act….” They contain this language:

On January 15, 2010, FHA took action to make the growing number of recently foreclosed properties available to a much larger audience of potential home buyers by waiving the current 90-day seller seasoning requirement to execute a purchase contract as a condition for FHA loan approvals. The following is an excerpt from HUD’s website:

“In today’s market, FHA research finds that acquiring, rehabilitating and the reselling these properties to prospective homeowners often takes less than 90 days. Prohibiting the use of FHA mortgage insurance for a subsequent resale within 90 days of acquisition adversely impacts the willingness of sellers to allow contracts from potential FHA buyers because they must consider holding costs and the risk of vandalism associated with allowing a property to sit vacant over a 90-day period of time.

The policy change will permit buyers to use FHA-insured financing to purchase HUD-owned properties, bank-owned properties, or properties resold through private sales. This will allow homes to resell as quickly as possible, helping to stabilize real estate prices and to revitalize neighborhoods and communities.

“FHA borrowers, because of the restrictions we are now lifting, have often been shut out from buying affordable properties,” said FHA Commissioner David H. Stevens. “This action will enable our borrowers, especially first-time buyers, to take advantage of this opportunity.”

The waiver will take effect on February 1, 2010 and is effective for one year, unless otherwise extended or withdrawn by the FHA Commissioner. To protect FHA borrowers against predatory practices of “flipping” where properties are quickly resold at inflated prices to unsuspecting borrowers, this waiver is limited to those sales meeting the following general conditions:

• All transactions must be arms-length, with no identity of interest between the buyer and seller or other parties participating in the sales transaction.
• In cases in which the sales price of the property is 20 percent or more above the seller’s acquisition cost, the waiver will only apply if the lender meets specific conditions.
• The waiver is limited to forward mortgages, and does not apply to the Home Equity Conversion Mortgage (HECM) for purchase program.

Specific conditions and other details of this new temporary policy are in the text of the waiver, available on HUD’s website.”

So what does this mean to potential homebuyers and real estate investors?

Prior to this waiver, investors have held back from marketing their properties to the FHA approved buyer audience.Now, to the potential homebuyer this waiver opens up a quickly expanding inventory of recently foreclosed properties allowing buyers to select from a larger number of listings and theoretically purchase the properties at a better discount than today’s market allows. In the case that the property needs repairs, buyers can purchase the properties by taking advantage of 203k loans to complete the necessary repairs.

For the average investor, the typical foreclosed property requires less than 90 days worth of repairs and marketing to complete a sale to an end buyer. FHA’s previous 90-day requirement held the investor to an average of at least 4 months of carrying costs (3 months seasoning and at least 1 month of loan processing to close the typical loan). FHA buyers represented a 39% share of buyers according to the November 2009 REALTORS Confidence Index survey. With the waiver in effect, investors can now market to this large pool of buyers just waiting to purchase the recently foreclosed homes. This means more buyers and a greater margin earned on sales.

This waiver is a much needed boost to today’s real estate market. My recommendation to all potential homebuyers is to contact your trusted mortgage professional and get approved for an FHA loan today. Then keep checking our blog for your next home!

by Ruben D. Acosta

REAL Enterprises, LLC, the Premier NJ Real Estate Investment Consulting Firm

Beginning February 1, 2010 and continuing for one year, properties owned by a seller less than 90 days will now be eligible for purchase by FHA borrowers.  This means that FHA buyers may now buy HUD-owned-, bank-owned- or privately owned-properties that the seller, perhaps a bank or a rehabber, has owned for less than 90 days. The waiver is temporary, with strict conditions and guidelines to discourage predatory practices.

The Department of Housing and Urban Development (HUD) announced the change on January 15, explaining that it is being made to help stabilize home values and preserve neighborhoods by allowing quick resale of foreclosed properties. Without the waiver, sellers are less willing to accept offers from FHA bidders because this means holding the property the required 90 days. HUD acknowledges that bank-owned properties are usually sold “as is” to people who fix them up and resell them and that the regulations were hindering the very people who are keeping neighborhoods from deteriorating.  The temporary waiver will allow homes to resell as quickly as possible, helping to stabilize real estate prices and revitalize neighborhoods and communities.  It will also help buyers, especially first-time buyers, to buy homes.

To protect against flipping, the waiver imposes the following conditions:

• Transactions must be arms-length (no identity of interest between the parties in the sales transaction, the property was marketed openly, no recent pattern of flipping with the property, etc.)
• If the sales price is 20% or more above the seller’s acquisition cost, the lender meets specific conditions (show proof of extensive rehab work, current appraisal, etc.).
• The waiver does not apply to the Home Equity Conversion Mortgage (HECM) for purchase program.

For more details about this temporary waiver, go to the HUD website or email me at pat@patflynnrealtor.com.

Effective February 1, 2010, the Federal Housing Administration (FHA) will place a one-year moratorium on its 90-day anti-flipping rule under waiver of  requirements of 24 CFR 203.37a(b)(2). , unless otherwise extended or withdrawn by the Commissioner. This will allow buyers with FHA-backed loans to buy homes that have been held for less than 90 days.

“FHA borrowers, because of the restrictions we are now lifting, have often been shut out from buying affordable properties, ” said FHA Commissioner David H. Stevens. “This action will enable our borrowers, especially first-time buyers, to take advantage of this opportunity.”

The waiver is limited to those sales meeting the following conditions:

1. All transactions must be arms-length, with no interest between the seller and the buyer or any other parties involved in the sales transaction.
2. The seller holds title to the property.
3. LLCs, corporations, or trusts that are serving as sellers were established and operated in accordance with state and Federal laws.
4. No pattern of previous flipping exists for the property, as shown by multiple title transfers within the last 12 months.
5. The property was marketed openly and fairly.
6. Assignment of a contract for sale will trigger a red flag.

In cases where the sales price is 20% or more over and above the seller’s acquisition cost, the waiver will only apply if the lender:

1. Justifies the increase in value by retaining supporting documentation and/or a second appraisal which verifies the seller has completed legitimate renovation, repair, and rehabilitation to substantiate  the increase in value, or in cases where no work is performed, the appraiser provides sufficient explanation of the increase in value.
2. Orders a property inspection and provides the inspection report to the purchaser before closing. The lender may charge the borrower for this inspection. The use of FHA-approved inspectors is not required.
3. At a minimum, the inspection must include: the property structure, including: the foundation, floor, ceiling, walls and roof. The exterior, including: the siding, doors, windows, decks, balconies, walkways, and driveways. All interiors and all insulation and ventilation systems, fireplaces, and fuel-burning appliances.
4. The waiver is limited to forward mortgages and does not apply to Home Equity Conversion Mortgage (HECM) for Purchase program.

Findings

FHA finds that eliminating the 90-day resale restriction for buyers will permit buyers to use FHA-insured funding to purchase other bank-owned properties, or properties sold through private resale, which will allow homes to resell as quickly as possible.

Alfred Lomas, a former member of the Florencia 13 gang in Los Angeles, has organized a tour of L.A’s  notorius gang turf. 

Passengers (sitting’ ducks?) pay $65 a head and sign waivers acknowledgin’ they could be crime vics and put their fate in the hands of tattooed ex-gang members (who say they have negotiated a cease-fire amongst rivals in The Most Violent Gangland in America.)

This is supposed to give a glimpse into gang life while also tryin’  to convince people that gang-plagued communities are not as hopeless as movies depict.

Most Gangstas are depicted as heartless, drug-sellin’, killin’ machines.   But some of these people are in situations that just ‘came about’.    Some of these people have dreams; they want to be something other than  a social outlaw.  Some them have amazin’ talents, bogged down and out-shined by life at hand…

On an abbreviated advance tour Lomas provided for the news media, his unmarked chartered coach wound its way through downtown, the Central Jail (home to many a thug and thugette), past Skid Row’s squalor and masses of homeless and drug addicted, and in to South Central,(renamed South Los Angeles in 2003 by the city, in an attempt to change its deep association with ‘urban strife’), the breeding ground for some of L.A’s deadliest gangs.   They also visit the notorious Florence-Firestone neighborhood, close to the birthplace of the Crips and current home to Florencia 13, a Latino gang that was accused by federal prosecutors of racist attacks against black residents.

Lomas, 45 years old and just left gang life 5 years ago, is now a respected activist workin’ with faith-based L.A. Dream Center.    His non-profit company,  LA GANG TOURS, is also workin’ to bring jobs to communities along the tour,  and to re-invest money thru micro-loans and scholarships.   He also wants to start a gallery and ‘gang museum’.    He’s  not sure how all this will come about, but he has a dream. 

He says the tour will create 10 part-time jobs, mainly for ex-gang members working as guides, and talkin’ about their own struggles and efforts to reduce violence.

The tour is initially scheduled to run once a month.  The first was just this Saturday (Jan. 16th), and went off without any issues…

Go here for more info on the organization…

As Haiti reels in the aftermath of the earthquake, radio mobilizes across the U.S. to help out. With Port-Au-Prince in ruins, stations across the U.S. are marshaling their resources to help provide aid. It’s disturbingly familiar to me; all the footage and audio remind me of what we went through in New Orleans five years ago. Of course, this disaster made our levee failure look like a walk in the park.

RadioInk has a great  roundup of the efforts made by radio stations around the U.S., such as Emmis-owned Urban AC WRKS (98.7 Kiss FM, NY) where they’ve  put  a call for donations to Yele (the aid organization founded by Haitian musician Wyclef Jean) plastered across the top of their website’s front page. They go on to detail many more efforts our industry is putting forth across the nation. Go take a look, and please give if you can.

Next,  an important note for Non-Commercial Educational (NCE) radio stations: the FCC has granted a waiver so that you can raise money for Haitian relief. (Normally college, community, or public radio stations can only raise money for their own operating expenses.) Here are the instructions on how to use it:

Please see the below released by the Media Bureau 1-13-10.

PROCEDURES FOR OBTAINING COMMISSION APPROVAL FOR NCE
STATION FUNDRAISING EFFORTS TO AID HAITI RELIEF EFFORTS

The Commission generally prohibits noncommercial educational stations from engaging in on-air fundraising activities on behalf of any entity other than the station itself. See 47 C.F.R. § 73.503(d). See also Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations, 90 FCC 2d 895, 907 (1982). The Commission, however, has granted rule waivers for fundraising appeals to support relief efforts following disasters of particular uniqueness or magnitude, such as Hurricanes Andrew and Katrina, the September 11, 2001 terrorist attacks in New York City, and the January 2005 tsunami in Southeast Asia. These waivers have been issued for a specific fundraising program or programs, or for sustained station appeals for periods which generally do not exceed several days.

Should a licensee wish to solicit contributions from viewers or listeners for the Haiti relief efforts, it may file an informal request for a Section 73.503(d) waiver as follows:

1) The licensee may submit an electronic mail request to Barbara Kreisman(barbara.kresiman@fcc.gov), if the request involves a television station, or to Michael Wagner (michael.wagner@fcc.gov), if the request involves a radio station.
2) The request should provide basic details of the fundraising activity:
a. the nature of the fundraising effort;
b. the proposed duration of the fundraising effort;
c. the organization(s) to which funds will be donated; and
d. whether the fundraiser will be part of the licensee’s regularly scheduledpledge drive or fundraising effort.

For additional information, please contact the television or radio contact provided above.

Please spread this around to our colleagues at other stations that would qualify.

One last note to those who want to help. There are a LOT of scams propagating already. Be wary and make use of the Charity Navigator to make sure that your money is actually going to Haiti and not into someone’s pocket. Give, but please give wisely. If the money does not make it there, it helps no one.

As many of us resolve to drop holiday weight, one of my favorite reality shows, The Biggest Loser, begins. As a long time fan of the show, I can say that over the years the challenges have gotten more difficult and the contestants have become more overweight. Being somewhat of a fitness fanatic myself, I watch in awe every week as the contestants drop upwards of 10 and 20 pounds from week to week. According to the Mayo Clinic, realistically most people should expect to lose only 1 to 2 pounds a week. This begs the question: Are the contestants on The Biggest Loser reaching their weight loss goals in a healthy way?

A recent article in the NY Times asks this very question. According to the article, the show’s contestants exercise up to six hours a day and restrict their caloric intake. Despite the fact that viewers of the show have witnessed contestants get hospitalized and suffer from stress fractures, people still come to their doctors seeking clearance to engage in similar routines. Doctors quoted in the Times article say that they advise their patients against such strenuous exercise regimes, warning that such rapid weight loss can cause “many medical problems, including a weakening of the heart muscle, irregular heartbeat and dangerous reductions in potassium and electrolytes.” Dr. Burant, a medical school professor at the University of Michigan went on to say, “I’m waiting on the first person to have a heart attack.” Former contestants have also admitted to engaging in dangerous activities like starvation and dehydration prior to weigh-ins. The winner of season one of The Biggest Loser admitted that “he dropped some of the weight by fasting and dehydrating himself to the point that he was urinating blood.”

The legally inclined may then ask, “who will be the first to sue The Biggest Loser?” Prior to taping, contestants are required–of course–to sign a lengthy release that states: “no warranty, representation or guarantee has been made as to the qualifications or credentials of the medical professionals who examine me or perform any procedures on me in connection with my participation in the series, or their ability to diagnose medical conditions that may affect my fitness to participate in the series.” Additionally, the release asks contestants to certify that they believe themselves to be “in excellent physical, emotional, psychological and mental health” even though they may weigh more than 400 pounds. Contestants who wish to sue may try to argue that the release is unenforceable. Additionally, according to a lawyer-blogger, “potential plaintiffs may have a claim if they can show gross negligence. Normally, this is a high bar, but if the medical community is so concerned about The Biggest Loser, there could be more than a fat chance of a future lawsuit.”

– Megan Bibb

Image Source

Would you sign a waiver before eating a Christmas pudding? Hmm, seems the patrons of the High Timber restaurant were willing to. See the problem in the Nanny State is, if you happen to eat a traditional pudding and choke or chip a tooth on one of the silver charms inside it, you could sue their damn asses off. Now wouldn’t that be nice? So waiver it is.

Careful of that Xmas Pud !!!

It is traditional to throw a handful of small coins/trinkets in the mix when making these fruit puddings – it being considered good luck to find one in your serving.

Unless of course you swallow one unawares or chip/break a tooth biting on one.

And therein lies the problem. In this more litigious age, some ungrateful b*stard may very likely sue the maker of the Xmas Pud for physical/emotional/psychological damage/stress (may even claim their sex life has been destroyed) should they bite or swallow one of these ‘favours’.

Hence, diners at one London Bistro wishing to order a xmas pud with their dinner will have to sign a waiver first –

‘I absolve entirely High Timber from all blame or liability should I come to any harm including, but not limited to, a chipped tooth, or any injury as a result of swallowing it’

Source . . .

According to Jon Gosselin’s lawyer in this article, it has been asserted that Jon and Kate Gosselin will not be divorced by year’s end.

That’s what I said a few weeks ago in this post. However, my post was premised on the information that I had at that time, which was that neither Jon nor Kate had filed their respective 3301(c) Affidavits of Consent. They each filed their Affidavits on December 15th. In addition they filed waivers on that same day.

The normal process for the entry of the divorce decree in Pennsylvania requires a Notice to be sent to the other side telling them that 20 days later, the final documents are going to be sent to the Court seeking the entry of a final divorce decree. Once those documents have been filed with the Court, the Court will hold them for 10 more days before sending the fie to a judge for final review and entry of a divorce decree. That last 10 day period is the last chance a person has to object to the entry of a divorce decree. It is possible, as has happened in this case, that the parties can waive those time periods to allow for the faster entry of a divorce decree.

For Jon and Kate, since the economic issues have not yet been resolved because the arbitrator is still finalizing his decision.

Trust me, when the Gosselin divorce is over, it will be in the media.

Hello everyone! It’s Hump Day and we’re all another day closer to TGIF. As promised, I’m back with another question for you to ponder on. Enjoy! As we wind down the year and think of all that has gone on in the country, one of the most discussed subjects in the media and our homes is healthcare. This subject was one of the major platforms that were included in President Obama’s campaign. This issue is a serious and dire issue due to the fact that there are some 30-40 million adult Americans with little coverage or none at all. This is the only industrialized and advanced nation with such a huge problem.  Canada, our neighbors across the border, solved this issue for themselves a long time ago. So, why is it that the greatest nation on Earth has a problem with it? Well, that depends on who you ask.  The insurance industry says rising costs and a recessive economy. The Republicans blame the Democrats and vice versa. At this rate our population surely will dwindle in abundance due to this gross negligence. People are getting sick and dying everyday because of this issue that hasn’t been dealt with properly. A lot of people try to take care of their health issues at home with OTC medications and treatments instead of going to the emergency room. The motivation behind this pattern of action or rather lack of proper action is often due to a lack of funds to afford the enormous hospital bill that is often sent shortly after one of these ER visits. The average worker in a low-income household barely has enough money to cover their necessities let alone afford some of these ridiculous premiums that these rich insurance companies charge. I myself have been a witness to such. At my last place of employment when I and others in my company became eligible for the health benefit offered by my company, my boss brought out only one application for 4 of us and brought out 4 waiver sheets. He did such knowing at the salary we were getting paid that we would not be able to afford those benefits and  the sadder part of the equation was that we worked closely with the clients that offered the benefit and still couldn’t catch a break! Just the other day, I read a story about a man who had a infection in his leg and didn’t go to the ER because he couldn’t afford it, his friends begged him to go and he wouldn’t, don’t you know, he was found laying in his bed dead the next day by his friends. This has to stop! Point blank period! There is too much at stake for the victims (people who need insurance) to continue this trend of suffering. I know this issue amongst others weighs heavily on the president’s mind, but he’s not the only one with a hand in this. There are senators, congressmen,governors, and many, many more whom also have their say in this issue. At one point and time, there was even a larger amount of idiots(yes, I said idiots!) who were shooting down the idea of helping others at the cost of saving money for the future that isn’t even promised to them! They created a bunch of lies, and tales of deceit, often twisting the truth of the proposed policies that were on the table.  My thing is this, if you are opposed to what is being proposed, then what do you have as an alternative?  I think marching and calling names and creating chaos, doesn’t quite solve the issue at hand. It just slows down the process and people continually suffer. There is an old saying for this, “If you don’t having nothing nice to say then don’t say anything at all”.  My version of this statement is a bit more tactful and a lot more explicit but, I will not say such out of respect for the integrity I’d like this post to maintain. Meanwhile the insurance companies sit back, relax ,rest easy and get bailed out by the same people whom they are oppressing. There was even one major former vice presidential candidate, whose name I will not mention out of respect but also I’m not willing to give any more attention to, who had the biggest hand in twisting one of the options that would have come out of the healthcare reform. She riled up a bunch of people whom either have insurance and are therefore in a more privileged situation or just plain ol’ crazy! Once again, I say this must stop! We must stop this hemorrhaging of our moral fabric and goodwill towards our fellow man. In the end we may all differ in opinion on exactly what must be done, but it will be better is something is done than to have nothing done at all! So, back to my question, In your opinion, do you think that healthcare reform with a public option will be worked out and ready to go within the next 12 months? As always comments are deeply appreciated.

If you have had a minor incident at the American border, involving the possession of narcotics, you will need a U.S. Entry Waiver the next time you attempt to cross.

A waiver is granted by the U.S. Customs and Border Protection Agency.

To receive a waiver, you need to present the Agency with a detailed package of documents that support your bid.

Building this case takes time and legal expertise.

To avoid disappointment and needless stress, visit Express Pardons and let us assemble a compelling case to get you back on American soil.

All it takes is five minutes to fill out the necessary forms and Express Pardons will begin working on your file immediately.

Let us figure out a strategy for your re-entry, while you worry about procuring tickets to the Seahawks game.

If you have had a minor incident at the American border, involving the possession of narcotics, you will need a U.S. Entry Waiver the next time you attempt to cross.
A waiver is granted by the U.S. Customs and Border Protection Agency.
To receive a waiver, you need to present the Agency with a detailed package of documents that support your bid.
Building this case takes time and legal expertise.
To avoid disappointment and needless stress, visit Express Pardons and let us assemble a compelling case to get you back on American soil.
All it takes is five minutes to fill out the necessary forms and Express Pardons will begin working on your file immediately.
Let us figure out a strategy for your re-entry, while you worry about procuring tickets to the Seahawks game.

Earlier this year, Taser International announced that they were offering a semi-automatic version of their popular party toy–the stun gun. This new version is capable of shooting up to three people without reloading the $30/shot taser cartridges. As this news was released in June, let me put some context around why this is relevant today.

Let’s say you’re in the airport awaiting a return to a state you have a love/hate relationship with (love the weather, abhor being unemployed). You receive a phone call from a friend/relative/stranger who will remain unidentified. After appropriate formalities, she (yes, my hypothetical girl is a girl) dovetails into the inevitable topic– legal advice.

“Um, I need you to draft a waiver for me.” She says, not as tentatively enough as she should have given the direction that this conversation continues.

“Okay….”

She launches into a story of a trip to the store with her boss the day before. A trip that culminated in the purchase of a taser and hundreds of dollars of accessories. Given the slight build of this hypothetical girl and her propensity to run in the dark in her hypothetical not-so-safe neighborhood, this seems like a relevant, although somewhat extreme, purchase. Oh no, my dear viewing public, this purchase was not for security and safety. This attempt at stimulating the economy was social experiment-cum-personal entertainment.

The waiver that she spoke of was to limit her liability for when she tases people. For fun. Whose fun, she was a bit more vague about. Once they had run out of “friends” willing to be tased for $50, they were going to move onto the larger pool of sadists and unemployeds who reside on Craigslist. She was giddy at the prospect of seeing how much money it would take for people to come and be tased, her newest barometer of economic stability and growth in the economy. Have to give her props for thinking outside of the box in terms of economic modeling, but also have to tell her emphatically to find another attorney. Which I did. Which she was not thrilled with, and is probably tasing people right now. But not as my client, she isn’t!

Which brings me to the moral of today’s story. In the days of economic upheavel and job uncertainty, it is important to remember that ethics and character are in short supply and high demand. Maintain your dignity, and don’t make money off of the loss of dignity of others. And spell check. Sermon over, now get back to job searching.

And when in doubt, go save turtles.

Money is wasted on the rich. ~ Hypothetical consultant I discussed this article with, quoting anonymous

There’s a waiver for 10% weight difference.  For my height its going to be 219 lbs.  This information is vital because its going to save me 20 lbs to lose just to get in.  I weighed myself at the halfway mark this Wednesday morning.  I’ve gone back down to 249 lbs.  I’ve been eating more too.  If you feel starved that’s a bad sign as your body will start to make fat out of the food you eat.  So I think I was way under on my caloric intake for a few weeks and my body began storing some food.  Eating small portions and snacks are gonna help.  I made the mistake of eating soups, and dairy products which were more of a liquid consistency, and I think I just needed to eat some food.  So, I ate healthy stuff.  A lot of healthy stuff, and even had some soda.  So don’t think this is the end of a diet, I’m just getting some food and rest in while my muscles recover.

I’m training with a former special forces friend of mine from middle school.  This guy is no joke.  2% body fat training a guy that is technically obese.  Now I’m trying to keep up with him and there’s no way.  This guy full on running/sprint speed for 30 minutes, does 200 maybe 300 sit ups and push ups as fast as he can, and he just wants to maintain his size.

I run about 2 hours of cardio a day.  I added 50 push ups and 100 sit ups.  I do 50 sit ups in the morning just to get my heart going.  Try to do it as quickly as possible and you should be crying out in pain.  People in other rooms will hear you.  Then I go on my hour walk/jog/run.  I walk for a few minutes, then I jog for a few minutes, then walk to slow down, and run/sprint as fast as i can for a few minutes and alternate that routine for an hour.  Make sure you stretch before this.  I’m about to go run now, and I’ll probably stretch and warmup for at least 30 minutes before I actually go.  so watch television or something and do your stretches.

Trust me, at the end of the day I’m tired, restless, and in pain.  Ibuprofen is going to help with pain and it inhibits some muscle growth.  I’m still doing my weight training.  Yesterday I had to soak in a bath tub with hot water to loosen up the muscles.  Do what you have to do to heal up quickly.  At this point, adding push ups and sit ups are critical to losing weight.  You want your core muscles to be strong because this makes your muscles from head to toe burn fat instead of just working your leg muscles.  You need to be focusing on all areas.

If you are going through this, you will absolutely be in pain the next day after adding 50 push ups and 50 sit ups to your workout.  You should do 10 of each alternating so it is a little bit easier.  Don’t try to do 50 in a row or you will definitely be too sore to sit up.

This is what the REAL mainstream of America is thinking and feeling.

+