The beat goes in in California

[Savoir Faire-Demogague in NJ]

mjperry.blogspot.com/2011/06/another-reason-for-companies-to-leave.html
Another Reason For Companies to Leave California
Last week I posted about the record number of companies leaving California (5.4 per week this year), and here's an AP news story "Wave of Lawsuits Over Seats Hit Retail Stores," about a recent development that might give companies in the Golden State even more incentive to leave (or not move there in the first place, or not expand operations there):

"Enterprising trial attorneys by the dozen are using an obscure California labor law requiring retailers such as Wal-Mart, Home Depot and Target to have enough seats on hand for their workers. Superficially, the allegations appear to be little more than a nuisance.

But armed with two recent appellate decisions that allow workers and their lawyers to use California's novel "private attorney general" provision, the retailers are facing millions of dollars in damages. A first violation calls for as much as $100 per employee per pay period and double that for subsequent violations."

seattletimes.nwsource.com/html/nationworld/2015357603_apussuitableseating.html
Wave of lawsuits over seats hit retail stores
Retail store operators may want to sit down for this one - if they can find a chair.
By PAUL ELIAS
Associated Press
SAN FRANCISCO —
Retail store operators may want to sit down for this one - if they can find a chair.
Nearly every national chain is under legal attack in California for failing to provide "suitable seating" for cashiers and other employees who are expected to spend most of their work day on their feet.
Enterprising trial attorneys by the dozen are using an obscure California labor law requiring retailers such as such as Wal-Mart, Home Depot and Target to have enough seats on hand for their workers.
Superficially, the allegations appear to be little more than a nuisance.
But armed with two recent appellate decisions that allow workers and their lawyers to use California's novel "private attorney general" provision, the retailers are facing millions of dollars in damages. A first violation calls for as much as $100 per employee per pay period and double that for subsequent violations.
Lawyers say those penalties add up for big-box retailers that employ hundreds of thousands of Californians.
"We are really in unchartered waters," said Eric Steinert, an attorney who represents several of the retailers. "But there's no doubt there's a wave of lawsuits being filed. You are seeing some attorneys moving into this area who previously didn't pay attention to workplace issues."
Steinert said some of the first lawsuits were filed in 2009 and are based on an obscure provision of the labor code referring to an order issued by the Industrial Welfare Commission.
"All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats," the provision states. "When employees are not engaged in the duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and the employees shall be permitted to use such seats when it does not interfere with the performance of their duties."
The first of the two key appellate decisions turning that phrase into law was issued in November. The stampede to the courthouse began shortly afterward. Lawyers predict that more than 100 such lawsuits have been filed throughout the state.
The first appellate ruling overturned a lower court's decision tossing out Eugenia Bright's lawsuit against 99 Cents Only Stores.
The company's lawyers argued that the phrase wasn't a law because it doesn't expressly prohibited retailers from failing to provide "suitable seating." It read the passage as a suggestion rather than binding law. A trial court judge in Los Angeles agreed and tossed out Bright's lawsuit.
The appeals court based in Los Angeles disagreed and a unanimous three-judge panel said interpreting the provision as merely a suggestion "would be contrary to common sense."
The California Supreme Court refused to review the decision and it is now the law. Bright said her lawsuit could encompass more than 1,000 current and former company workers.
A second appellate court decision in a lawsuit filed by a Home Depot clerk met a similar fate in December. The court tossed out Home Depot's argument that the provision was a mere recommendation and relied heavily on the Bright decision to reaffirm the suitable seating law.
"The argument's central flaw is that it demotes mandatory labor conditions in wage orders to simple recommendations or advice when the conditions are stated in affirmative terms," Justice Nora Manella wrote for the unanimous three-judge panel.
Angela Church, a Gamestop Inc. clerk in San Bernardino County, was among the first to sue after the appellate court's rulings, filing a lawsuit in December alleging it required her to "work without being provided adequate seating during work hours."
Church and her attorney Kenneth Gaines of Woodland Hills didn't return phone calls.
Lawyers for retailers now say the next battle is over defining "suitable seats" and determining appropriate damages when stores fail to meet the standard.
The provision calls for a seat "placed in reasonable proximity," but leaves it to the employers discretion. Lawyers are advising clients to place one chair at each cash register.
Labor advocates said the provision was placed on the books to protect low-paid employees and was part of a package setting minimum wages, maximum hours and standard conditions of employment.
Tort reformers, though, complain the legal trend fosters the perception that California is a tough state to conduct business.
The California Supreme Court in February, for instance, launched yet another class action blizzard when it ruled it illegal for clerks to ask customers for ZIP codes when making credit card purchases.
"Why can't we just give the employee a chair rather than filing a lawsuit," said Tom Scott, California Citizens Against Lawsuit Abuse. "Battling bad lawsuits loses good jobs."

[privateinvestor]

Not to worrt SF The Tea Party influence among California Repubs and Conservative Dems is beginning to turn the tide with the anti-incumbent mood among repubs voters....Repubs in the Golden State plan to mount a huge challenge to Senator Feinstein and President Obama over the next few months and the Tea Party is leading the charge...and they hope to see both Repub and Dem money coming into CA for the congressional races with newly redrawn districts.

So I guess what I am trying to say ....there are changes coming to CA Democratic Poltics...stay tuned

[Deleted]

Seats?? Chairs?? WOW!!! Not only on breaks, apparently, they want them at cashiers stations?? Well, good grief. When you take a job as a cashier one of the requirements is that you be able to stand up. Not only will this run away businesses, good luck to that overweight person or older person trying to get a job. Employer will look at you and think-- they will demand a seat at the register.. Can't believe someone made a lawsuit out of this.. I always think poor Ca can't get any dumber, but it always does. I say poor CA because there are good people TRYING to live there amid all the insanity.

[djAdvocate]

Jun 21, 2011 12:29:45 GMT -5 @privateinvestor said:

Not to worrt SF The Tea Party influence among California Repubs and Conservative Dems is beginning to turn the tide with the anti-incumbent mood among repubs voters....Repubs in the Golden State plan to mount a huge challenge to Senator Feinstein and President Obama over the next few months and the Tea Party is leading the charge...and they hope to see both Repub and Dem money coming into CA for the congressional races with newly redrawn districts.

So I guess what I am trying to say ....there are changes coming to CA Democratic Poltics...stay tuned

horsefeathers. the Democrats had net gains in CA last year, including all of the major races.

[ed1066]

Jun 21, 2011 12:52:51 GMT -5 djAdvocate said:

Jun 21, 2011 12:29:45 GMT -5 @privateinvestor said:

Not to worrt SF The Tea Party influence among California Repubs and Conservative Dems is beginning to turn the tide with the anti-incumbent mood among repubs voters....Repubs in the Golden State plan to mount a huge challenge to Senator Feinstein and President Obama over the next few months and the Tea Party is leading the charge...and they hope to see both Repub and Dem money coming into CA for the congressional races with newly redrawn districts.

So I guess what I am trying to say ....there are changes coming to CA Democratic Poltics...stay tuned

horsefeathers. the Democrats had net gains in CA last year, including all of the major races.

Oh lord, what are you doing here?

[djAdvocate]

Jun 21, 2011 12:58:10 GMT -5 @ed1066 said:

Jun 21, 2011 12:52:51 GMT -5 djAdvocate said:

horsefeathers. the Democrats had net gains in CA last year, including all of the major races.

Oh lord, what are you doing here?

taking over. step aside.

[ed1066]

Jun 21, 2011 13:08:56 GMT -5 djAdvocate said:

Jun 21, 2011 12:58:10 GMT -5 @ed1066 said:

Oh lord, what are you doing here?

taking over. step aside.

[Deleted]

ED-- PM.. thx.

[djAdvocate]

Jun 21, 2011 13:10:07 GMT -5 @ed1066 said:

Jun 21, 2011 13:08:56 GMT -5 djAdvocate said:

taking over. step aside.

you appear to be dying from lungrot, there.

[txbo]

Like Wal-Mart an other frivolous lawsuit that will not go anywhere.

[Deleted]

horsefeathers. the Democrats had net gains in CA last year, including all of the major races.

I'm assuming they gained because the Republicans got smart & are leaving the state. I wonder if they stopped by the San Andreas fault on the way out & poured in some Slick 50?

[djAdvocate]

Jun 21, 2011 13:24:11 GMT -5 @oldtex said:

horsefeathers. the Democrats had net gains in CA last year, including all of the major races.

I'm assuming they gained because the Republicans got smart & are leaving the state. I wonder if they stopped by the San Andreas fault on the way out & poured in some Slick 50?

not sure there is any evidence of that. but i am sure that demographics changes have something to do with it. they usually do.

[floridayankee]

Jun 21, 2011 12:48:13 GMT -5 @krickitt said:

I say poor CA because there are good people TRYING to live there amid all the insanity.

I say poor CA conservatives, not poor CA. CA has the exact government they deserve.

[swamp]

Jun 21, 2011 13:29:52 GMT -5 @lonewolf said:

It will be interesting to see how well the Democrats fare once all the businesses leave the state.

Probably pretty well since the business owners tend to vote republican............

[Deleted]

I'm just not sure the illegals can run CA alone.....

[swamp]

Jun 21, 2011 13:43:27 GMT -5 @krickitt said:

I'm just not sure the illegals can run CA alone.....

Since they can't vote, they probably need some help...........

[Deleted]

Well, once all the jobs are gone, they had better not try coming to AZ. We refuse to be a sanctuary state.. just saying...not a fun place to be illegal.. we might even CARD them!!!! All the states east of the border states-- get your laws drawn up-- they're coming your way..

[swamp]

Jun 21, 2011 13:49:28 GMT -5 @krickitt said:

Well, once all the jobs are gone, they had better not try coming to AZ. We refuse to be a sanctuary state.. just saying...not a fun place to be illegal.. we might even CARD them!!!! All the states east of the border states-- get your laws drawn up-- they're coming your way..

Pfft. It's too cold in NY for them.

[floridayankee]

Jun 21, 2011 13:49:28 GMT -5 @krickitt said:

All the states east of the border states-- get your laws drawn up-- they're coming your way..

Coming? Don't look now, Krickitt............

[swamp]

Jun 21, 2011 13:52:37 GMT -5 @lonewolf said:

Jun 21, 2011 13:40:01 GMT -5 swamp said:

Probably pretty well since the business owners tend to vote republican............

And just where will these "pretty well" Democrates be working?

Government jobs.

[privateinvestor]

horsefeathers. the Democrats had net gains in CA last year, including all of the major races. [/quote][/color]

You missed this article today in the SF Chronicle:

Dianne Feinstein's support dives in Field Poll

Carolyn Lochhead, Chronicle Washington Bureau

Tuesday, June 21, 2011






Washington -- California Sen. Dianne Feinstein's popularity has plunged by double digits from her previous re-election ratings, according to a new Field Poll survey, demonstrating the toll that the anemic economy is taking on incumbent Democrats, including President Obama, heading into next year's elections.

Campaigning for a fourth full term, Feinstein enjoys a four-point edge, 43 to 39 percent, among registered California voters asked if they would vote for her - even as a strong majority, 46 to 31 percent, approves of the job she is doing. Eighteen percent of voters have no opinion on whether they'd vote for her, leaving a wide opening among swing voters for a potential challenger.

Stunning result, twice

The result stunned poll director Mark DiCamillo, who said he initially dismissed as an aberration a similar outcome in a March poll that had one of the state's most-popular politicians falling so far from favor. The nonpartisan Field Poll is considered one of the most reliable surveys in the state.

DiCamillo cited economic woes and the Tea Party's influence on the state GOP as reasons for Feinstein's weakened grip on the electorate. California's 11.7 percent unemployment rate is second-highest in the nation after Nevada, and its housing market remains deeply depressed.

"With Feinstein, we've never seen these kinds of numbers before, where it's so close," DiCamillo said. "I was more surprised in March, but to see it replicated - this was a large sample - I just think it's a very different economic and political backdrop we're going to have in 2012 than we've seen in any previous election year for Feinstein."

But so formidable is Feinstein's incumbency in a solidly Democratic state - where her more liberal colleague, Sen. Barbara Boxer, last year blitzed GOP challenger Carly Fiorina by nine points - that no potential Republican challenger has publicly discussed challenging her, much less begun raising millions of dollars for a competitive race.

Boxer spent $25 million to win re-election in 2010. Feinstein hopes to raise $5 million by the end of this quarter.

"Obviously, I'm not a lone ranger" in predicting a Feinstein victory, said Feinstein campaign strategist Bill Carrick, "because I can't even give you any good rumors about who's running against her."

Political icon

Still, the percentage of voters who favored Feinstein at similar points in her re-election races in 1994, 2000 and 2006 ranged from 29 to 19 points higher than the percentage opposed to her. Feinstein was first elected to the Senate in 1992, in a special election to fill the seat vacated by Republican Pete Wilson, who beat Feinstein, a former San Francisco mayor, for the governorship in 1990.

Since then, Feinstein, who turns 78 this week, has become a political icon, seemingly invulnerable as the state turned solidly Democratic. She has positioned herself as a center-left moderate with a strong legislative record, often diving into complex and divisive state issues, from the electricity crisis of the 1990s to the current water crisis, on which she has been more sympathetic to Central Valley farmers than most Democrats.

Tea Party influence among California Republican voters may account for the strong anti-Feinstein mood among Republican voters, 70 percent of whom said they would not vote to re-elect her, DiCamillo said. A third of GOP voters say they have some affinity with the Tea Party movement and may view Feinstein as too pro-government.

Carrick said he thinks Feinstein "is still holding up pretty well," adding that her numbers are several points "less negative than the president's."

"Obviously we look at a campaign as an opportunity to communicate with the voters throughout the state and tell them what she's done in Washington, where she is on important issues, and we think when we do that she'll do better as voters get more engaged," Carrick said.

GOP strategy

Republicans might not be keen to mount a challenge to Feinstein that would draw more Democratic Party money into California, possibly hurting down-ticket Republican congressional campaigns that may be struggling because of newly redrawn districts.

DiCamillo speculated that a moderate Republican candidate might do better against Feinstein following the failed bids of the more conservative Fiorina against Boxer and Meg Whitman against Gov. Jerry Brown last year. That was compounded by what DiCamillo said was disappointment in former Republican Gov. Arnold Schwarzenegger's governorship that left voters disillusioned with GOP newcomers.

The survey of 950 California voters was conducted June 3-13 and has a margin of error of plus or minus 3.3 percentage points.

E-mail Carolyn Lochhead at [e-mail].

sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/06/21/MNOB1K09BP.DTL

[swamp]

Jun 21, 2011 13:59:45 GMT -5 @lonewolf said:

Jun 21, 2011 13:56:05 GMT -5 swamp said:

Government jobs.

Government jobs supported by who, the taxes that the illegal's pay after cutting your lawns?

You're taking me entirely too seriously. It's sarcasm.

[ed1066]

Jun 21, 2011 13:40:01 GMT -5 swamp said:

Jun 21, 2011 13:29:52 GMT -5 @lonewolf said:

It will be interesting to see how well the Democrats fare once all the businesses leave the state.

Probably pretty well since the business owners tend to vote republican............

Now why would that be? Aren't the Democrats the party of hope, change and the working man? Do you think business owners don't work hard enough?

[Frappuccino]

Jun 21, 2011 13:45:47 GMT -5 swamp said:

Jun 21, 2011 13:43:27 GMT -5 @krickitt said:

I'm just not sure the illegals can run CA alone.....

Since they can't vote, they probably need some help...........

There are rumors that illegal immigrants do vote since IDs are not required to register to vote or at the polling places.

[privateinvestor]

There are rumors that illegal immigrants do vote since IDs are not required to register to vote or at the polling places.[/quote][/color]

It is not just rumors but based on facts our here in Santa Clara County where Illegals have phoney California Drivers licenses and have registered to vote, receive medicaid, and unemployment benefits...but what is not known is how serious this activity is out here....it is another dirty little secret the Liberal Media doesn't want to talk to, and the reporters who have i.e Michelle Malkin were lambasted by the Liberal Elite..

[Deleted]

LOL, Yank!! I amend my statement to include YOUR part of the country, too. Heck you guys have more types of illegals than we do!! People can register to vote in CA with no ID?? That is crazy..... No wonder you guys are a disaster.

[djAdvocate]

Jun 21, 2011 13:29:52 GMT -5 @lonewolf said:

It will be interesting to see how well the Democrats fare once all the businesses leave the state.

i own three businesses and have no plans on leaving. i was looking at it for a few years, but it doesn't really make any sense for me.

i am sure that i am not alone.

but thanks for your concern.

[swamp]

Jun 21, 2011 14:08:19 GMT -5 @ed1066 said:

Jun 21, 2011 13:40:01 GMT -5 swamp said:

Probably pretty well since the business owners tend to vote republican............

Now why would that be? Aren't the Democrats the party of hope, change and the working man? Do you think business owners don't work hard enough?

Yes, since I'm a business owner, I fully agree with that.

[swamp]

Jun 21, 2011 14:18:48 GMT -5 @krickitt said:

LOL, Yank!! I amend my statement to include YOUR part of the country, too. Heck you guys have more types of illegals than we do!! People can register to vote in CA with no ID?? That is crazy..... No wonder you guys are a disaster.

You can register to vote in NY without an ID too................

[djAdvocate]

Jun 21, 2011 13:59:20 GMT -5 @privateinvestor said:

horsefeathers. the Democrats had net gains in CA last year, including all of the major races.

[/color]

You missed this article today in the SF Chronicle:

Dianne Feinstein's support dives in Field Poll

Carolyn Lochhead, Chronicle Washington Bureau

Tuesday, June 21, 2011






Washington -- California Sen. Dianne Feinstein's popularity has plunged by double digits from her previous re-election ratings, according to a new Field Poll survey, demonstrating the toll that the anemic economy is taking on incumbent Democrats, including President Obama, heading into next year's elections.

Campaigning for a fourth full term, Feinstein enjoys a four-point edge, 43 to 39 percent, among registered California voters asked if they would vote for her - even as a strong majority, 46 to 31 percent, approves of the job she is doing. Eighteen percent of voters have no opinion on whether they'd vote for her, leaving a wide opening among swing voters for a potential challenger.

Stunning result, twice

The result stunned poll director Mark DiCamillo, who said he initially dismissed as an aberration a similar outcome in a March poll that had one of the state's most-popular politicians falling so far from favor. The nonpartisan Field Poll is considered one of the most reliable surveys in the state.

DiCamillo cited economic woes and the Tea Party's influence on the state GOP as reasons for Feinstein's weakened grip on the electorate. California's 11.7 percent unemployment rate is second-highest in the nation after Nevada, and its housing market remains deeply depressed.

"With Feinstein, we've never seen these kinds of numbers before, where it's so close," DiCamillo said. "I was more surprised in March, but to see it replicated - this was a large sample - I just think it's a very different economic and political backdrop we're going to have in 2012 than we've seen in any previous election year for Feinstein."

But so formidable is Feinstein's incumbency in a solidly Democratic state - where her more liberal colleague, Sen. Barbara Boxer, last year blitzed GOP challenger Carly Fiorina by nine points - that no potential Republican challenger has publicly discussed challenging her, much less begun raising millions of dollars for a competitive race.

Boxer spent $25 million to win re-election in 2010. Feinstein hopes to raise $5 million by the end of this quarter.

"Obviously, I'm not a lone ranger" in predicting a Feinstein victory, said Feinstein campaign strategist Bill Carrick, "because I can't even give you any good rumors about who's running against her."

Political icon

Still, the percentage of voters who favored Feinstein at similar points in her re-election races in 1994, 2000 and 2006 ranged from 29 to 19 points higher than the percentage opposed to her. Feinstein was first elected to the Senate in 1992, in a special election to fill the seat vacated by Republican Pete Wilson, who beat Feinstein, a former San Francisco mayor, for the governorship in 1990.

Since then, Feinstein, who turns 78 this week, has become a political icon, seemingly invulnerable as the state turned solidly Democratic. She has positioned herself as a center-left moderate with a strong legislative record, often diving into complex and divisive state issues, from the electricity crisis of the 1990s to the current water crisis, on which she has been more sympathetic to Central Valley farmers than most Democrats.

Tea Party influence among California Republican voters may account for the strong anti-Feinstein mood among Republican voters, 70 percent of whom said they would not vote to re-elect her, DiCamillo said. A third of GOP voters say they have some affinity with the Tea Party movement and may view Feinstein as too pro-government.

Carrick said he thinks Feinstein "is still holding up pretty well," adding that her numbers are several points "less negative than the president's."

"Obviously we look at a campaign as an opportunity to communicate with the voters throughout the state and tell them what she's done in Washington, where she is on important issues, and we think when we do that she'll do better as voters get more engaged," Carrick said.

GOP strategy

Republicans might not be keen to mount a challenge to Feinstein that would draw more Democratic Party money into California, possibly hurting down-ticket Republican congressional campaigns that may be struggling because of newly redrawn districts.

DiCamillo speculated that a moderate Republican candidate might do better against Feinstein following the failed bids of the more conservative Fiorina against Boxer and Meg Whitman against Gov. Jerry Brown last year. That was compounded by what DiCamillo said was disappointment in former Republican Gov. Arnold Schwarzenegger's governorship that left voters disillusioned with GOP newcomers.

The survey of 950 California voters was conducted June 3-13 and has a margin of error of plus or minus 3.3 percentage points.

E-mail Carolyn Lochhead at [e-mail].

sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/06/21/MNOB1K09BP.DTL
[/quote]

i was talking about the last election. i thought that was the item we were discussing. but if you want to prognosticate, be my guest.

btw- i could not care less about FrankenFeinstein. have not liked her since she was a city politican in SF.