An Open Letter to President Obama

Dear President Obama:

You find yourself in quite a spot. Republican lawmakers are attempting to repeal your monumental health care reform legislation. Republican control of the House of Representatives means that repeal legislation will advance and move to the Senate. Lucky for you, Democrats control the upper chamber and Harry Reid can prevent a vote on the matter. Even if he allowed a vote and the bill passed, you could confidently veto the measure, knowing that insufficient Republican Senate numbers prevent an override.

The latter option is risky. Most polls show the country evenly divided on the issue, though some state repeal is more favored, albeit marginally. If you exercise your presidential power, conservative pundits will suggest you are violating “the will of the people.” Republicans will contend the veto widens the divide between political parties, thereby contravening your stated goals of facilitating discussion and fostering bipartisan cooperation to advance America’s interests.

To prevent over 30 million people from becoming uninsured, you need to get Republicans on board, and here is how they will be satiated: a tax break. You’ve done it before and you can do it again.

This won’t be a boring, run-of-the-mill tax break. No greenbacks for green energy appliances, or cash for clunkers. This tax break will be next level:

PUPPY TAX BREAK

That’s right. Every puppy owner in America gets a tax break – a substantial one.

Utilizing this option is not without consequence. Opposition within your party is certain. Democrats will find this unfair; singling out one group for special treatment. They may have a point. But guess what, they’re wrong. Do you want to know why?

BECAUSE EVERYONE IS GETTING A PUPPY!

You heard me, everyone – war heroes, hobos, heathens. From east coast to west coast, from the industrial north to the dirty south, no one will want for the love and affection puppies provide.

It is time to embrace your inner Oprah. People love free stuff, and they love puppies. Combine the two and 2012 will be void of challengers.

Sincerely,

M.I.P.

On Writing

Adulthood is the life phase when one realises that the better paid are not better people; more specifically, not better writers.  I possess the job title “writer,” though my job is more fact finding than fact stating. I wish the opposite was true, if only to preserve my sanity. Having others’ words thrust upon me, with little editing oversight, makes me cringe, particularly when their grasp of language, and especially style, leaves one more thirsting than a desert wanderer. To them the task is menial, and thus given no thought; no effort exerted, no remorse espoused for opportunities missed. They undervalue the privilege and discard duty like the infirm abandon pride. If sanity dictated salary, they’d be paid a fool’s wage.

DOL Set to Launch “Operation Blueberry”

Kids & Blueberries: But it is legal?

The New Jersey and North Carolina field offices of the U.S. Department of Labor announced they will be undertaking enforcement actions during the upcoming blueberry season (which apparently only lasts from the end of June through mid-July; Note to self: become a blueberry farmer). If employers don’t want to be left “blue in the face,” they’ll ensure they’re in compliance with federal laws such as the Fair Labor Standards Act, the Occupational Safety and Health Act, the Migrant Seasonal Worker Protection Act, and labor-related provisions of the Immigration and Nationality Act.

The offices conducted similar investigations in 2009. The New Jersey office recovered around $60,000 in back wages and civil penalties. Over $70,000 in back wages and civil penalties were collected by the North Carolina office.

In shouldn’t seem coincidental that the operations will commence around the time new child labor regulations go into effect (July 19, 2010) and penalties increase.  Given that the blueberry harvesting season ends a few days after the new provisions take effect, employers would be well-advised to ensure compliance. Although the maximum penalty for repeatedly or willfully violating the Fair Labor Standard Act’s minimum wage and maximum hours provisions, relating to wages, only increased from $1,000 to $1,100 per violation, a new $50,000 ($100,000 for repeated or willful violations) penalty for violations causing death or serious injury to an employee under the age of 18.

Image credit: Raeky

Department of Labor Goes Vegetarian (Sort of)

The Nuge Doesn't Deal with Half or Quarter Carcasses

When you hear the term “DOL,” don’t be surprised if you overhear someone mistakenly refer to it as the “Department of Legumes.”1 As discussed previously, DOL ( U.S. Department of Labor) unveiled its new child labor regulations. Included is an expansion on the types of dead carcasses with which minors cannot work. Prior to the new regulations, effective July 19, 2010, minors aged 16 and 17 were prohibited from “handlifting or handcarrying any carcass or half carcass of beef, pork or horse, or any quarter carcass of beef or horse.” Add deer (half carcass) and buffalo (half carcass / quarter carcass) to the list. 29 C.F.R. § 570.61(a)(7).

Apparently the unions were in favour of the move. According to the summary “The AFL–CIO, YWN, and CLC supported the proposal…” Leave it to the unions to want to hoard all the good dead carcass handling jobs.


1 The french term “legumes” meaning vegetables, not legume as in peanuts.

The Amish Exception

In the United States, religious exceptions to laws are quite common. Section 6 of the Volstead Act (which brought about the 18th Amendment and prohibition) stated that “Nothing [in the law] shall be held to apply to the manufacture, sale transportation, importation, possession, or distribution of wine for sacramental purposes, or like religious rites.” Section 702(a) of Title VII, 42 U.S.C. § 2000e-1(a) [The Civil Rights Act of 1964], provides: “This subchapter shall not apply to . . . a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.” In publishing final child labor regulations for non-agricultural work (For all you 4-H enthusiasts, don’t worry; DOL is now reviewing agricultural work regulations), the U.S. Department of Labor has introduced a new one: “The Amish Exception.” Read more

Gators

Florida Statutes section 450.061 lists “hazardous occupations” that minors are prohibited from performing. Generally, prohibitions vary little from state-to-state as most have simply reworded the federal standards (e.g., prohibitions against: working in saw mills; operating power-driven machinery; manufacturing and transporting explosives). Certain states may tailor their laws to correspond with the predominant industry therein. Other more proactive states – from a legislative standpoint – may go beyond the federal mandate and add to the tally. Florida, however, takes the cake. I don’t know if Sunshine State legislators listen to a lot of Whitney Houston, but one has to assume their big fans given their commitment to protecting “our future.”

In Florida, minors 15 years old and younger cannot be employed, or permitted or suffered to work in: Alligator wrestling. I know what you’re thinking, “Okay, I get alligator wrestling; that seems sensible. I’m just thankful they didn’t legislate out the possibility of working in a snake pit.” Wrong – snake pits are out too; that and “similar hazardous activities,” whatever those are. Essentially, minors can’t work with reptiles in confined spaces.

You might question the need to actually have this on the books; it’s a no-brainer and the equivalent of codifying common sense. Today’s society isn’t that of which Dickens wrote. Florida is not full of Fagans. Having only been to Florida as a baby, I can’t speak on the working conditions of minors in the state, or how rampant orphan pick-pocketing gangs are, but I do know that normally laws come about for a reason.

It’s not as though as a global society we’ve moved beyond endangering children, e.g., child soldiers, sweatshops, “Little Miss…” beauty pageants. Just this week it was reported that in China a three-year-old had to walk a tightrope over a tiger exhibit. Dumb people do dumb things – that’s why they’re dumb. If we don’t legislate bonehead behaviour, they’ll have kids that will eventually grow into full-fledged thickos and the cycle will never be broken. Legislative inactivity is good news for the Darwin Awards, bad news for Darwin.

Saint Theodore of Amasea atop the "Renaissance Gator"

Years ago I was in Venice, Italy, standing on the balcony at the Basilica San Marco. I looked towards the water and at its edge stood a huge column, and atop it a statue of a man standing victoriously over a slain dragon. It was peaceful, standing there in silence, taking in the view. Then, the South rose again. A family from somewhere east of the Mississippi stood behind me. One of their kids, having spotted the statue, said, “Ma, look, it’s a gator.” His mother, ever so conscious of the role she had in influencing and developing this young and fertile mind, replied, “must be one of them Renaissance gators.”

None of us are old enough to remember, but history books refuse to let us forget the chaos that was Renaissance Venice. Alligators were everywhere.  The canals we know today, full of tourists taking romantic gondola rides, were aquatic feeding pits for one of nature’s oldest creatures. As DaVinci painted The Last Supper, Venetians were supper.  It only got worse after they figured out how to get ashore. There’d be a knock at the door. You’d think it was Giancarlo with the vino, or Giuseppe with the antipasta, but no, it wasn’t; it was a fucking alligator, and he didn’t bring a thing, not even a story. Gators – no sense of hospitaliano.

Plain Old Vanilla

Last week a letter arrived from the U.S. Department of Commerce informing me that in one week’s time a 2010 Census form would arrive in the mail. A few days later I received a postcard containing a number I could call should I require assistance completing the form. Fast-forward another few days and another letter, this time much bigger, arrived from, guess who? Yes, that’s right, my stalker – the U.S. Department of Commerce.  On the front, in bold letters, it stated:

YOUR RESPONSE IS REQUIRED BY LAW Read more

Vintage Post: Who Is Driving This Bus? (January 2006)

Ball-dropping, champagne, kissing strangers, or kissing someone who you know but think it’s a stranger because you’ve had too much to drink. This is what New Year’s Eve is all about. That, and a chance for Dick Clark to continue his mind control – thankfully this year I did not fall victim to his unholy glare.

There are always a few good stories regarding New Year’s, whether you hear about them or are the subject. This year was no exception. Read more

Key Quest

The Key Master

I arrived at my apartment to discover a 24-hour notice from our landlord. Apparently there was a water leak coming from our apartment and he required entry. Who this “water leak’” could bother was beyond me because we live on the ground floor – It must be those mole people below us.

In order to effectuate entry I would need to supply our landlord with a key. We had recently replaced the locks because our last set ate our key. Accordingly, the key quest began. Read more

Misclassification is All the Rage

I shouldn’t be surprised that the media has labeled Joseph Stack as a criminal – and not a terrorist – given that misclassification has become the standard, not the exception. Thankfully, however, I’m not alone in opining that this man’s action deserve such attribution. To classify his actions otherwise is not only folly, but nonsensical, hypocritical, and, it would follow,  prejudicial. Read more

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