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CAL. BPC. CODE § 17200 : California Code - Section 17200

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As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.

how does FAKE organic sit under this?

teaching my bosses about business ethics at anonymous biologique euro-chain

(what's really funny is that i advise he hire a lawyer to re-explain what i am telling him for free. march 07)


> i know this is heavy stuff.
> anyone who i've brought it up with before has been
> either blase, complacent about the status quo,
> afraid to cause a ruckus, or they remind me that
> this is standard for the restaurant industry.
>
> however, it seems the statute of limitations for
> filing a wage claim or pursuing the issue is three
> years.  i don't know where the budget would come
> from to satisfy what is tantamount to a debt going
> back for three years to any employee who has been
> un-breaked.
> any day all mandated breaks are not given, an hour
> of pay should be tacked on to the check. one 10 min
> per 4 hours (or a substantial portion thereof eg 3.5
> hours), plus lunch for shifts over 6 hrs.  it is my
> understanding that anyone sytematically denied
> breaks is eligible for an hour's pay per day (250
> days x 7.5-10$ X 3 years . . .)
> so this could be very expensive if workers decided
> to pursue the matter and an immediate remedy is
> necessary.
> is payroll centralized or store by store? bc whoever
> calls it in ought to be looking at the confirmation
> checklist (or make sure it happens across the board)
> to know who did or did not receive all of their
> breaks, and be adding that bonus/penalty hour
> accordingly.
> adequate record keeping could prevent indemnifying
> circumstances.
>
> the dept of enforcement points out that the payroll
> penalty was put in place to encourage the adherance
> to the labor code.  companies that operate outside
> this code have an unfair business advantage.  the
> investigations theoretically can be rigorous, and
> whistleblowers are encouraged and protected and wage
> claim forms/complaints taken seriously.
>
> employment lawyers will offer briefings to assist
> businesses in understanding their obligations.
> we could also order pamphlets or print pdf files and
> have a training seminar to educate the shift leaders
> on the importance of enforcement.
>
> i received a letter today in the mail regarding a
> class action affecting all persons employed by a
> former employer in california.  pretty wild stuff.
>
> jack, thanks so much for getting it!  i didn't plan
> to get so in depth today.  i had actually silenced
> my nagging conscience fo a while.  training new
> people helped to bring the issues back up, bc it is
> a strange position to be in to have to explain  . .
> . . . .
> so in my ideal world, there would be enough staff to
> even break the waiters.
> when i was a waiter in west hollywood in 2004 i
> remember one or two sips of water sufficing for a
> day  . . .
> and a 15 min dinner as a barista, but i was so naive
> and in love with le XXXX and didn't even imagine the
> extent of the law
> in other places i've worked there has been a bit
> more protective cameraderie ala i'll watch your
> tables for you . . .
> anyway looking on the bright side, i think le YYYY
> is such a lovely concept and we have such an amusing
> clientele and staff.
>
> this is another subject entirely for another day . .
> .
> but what is the progress on our green restaurant
> certification? . . . i know we lag behind some of
> the new york stores  . . .i would love to step up
> the recycling efforts . . .
> also perhaps someone could solicit charitable orgs
> to pick up food donations . . .i know weho donates
> to a group that comes buy a few times a week
>
> i know its all more easily said than done, but thank
> you so much for listening.  i know it is an
> especially busy time.
> see you soon
> mary
> thank you again so much!
>
> http://www.losangeleslivingwagestudy.org/
>
> in researching the living wage idea, it is funny the
> mayor of chicago recently vetoed a living wage
> measure . . .
> some cities have programs that apply to only workers
> whose employers are hired or subsidized by the city
> govt (LA)
> some cities have more far reaching programs which
> affect all persons working within the city (san
> fran)
>
> http://www.dir.ca.gov/dlse/DLSE-FAQs.htm

sample letter for labor law enforcement at the fair trade organic euro-chain restaurant

(to HR, 2007 relevant california labor law)


i was personally feeling unclear , so i called the
labor hotline back to  be sure about whether lunches
are included in time calculation, or what exactly is
meant by  "four hours or a significant portion
thereof."
it means 3.5 hrs worked, not including lunch.
so each shift will have very clear requirement, and if
someone is working late, then that might affect the
breaking.
for a 7.5 hr or greater shift, not including time at
lunch
2-10's
if you worked 7 hrs and 29 minutes, not including
lunch time, then only one ten . . .
maybe you already know this.
i think some companies that follow the break rules end
up shortening the shifts to reduce the breaks
required.
oh well!
i hope there is no need to involve payroll for
unbreaked waiters etc. , but the penalty demanded for
un/partially breaked shifts really must be adhered to,
don't you think?
i guess i feel impatient and can't wait to feel good
about everything.
also-- will the shift leaders be informed of the
precise standards?
bc i don't want to be perceived like i am pulling this
out of thin air.
say today,
temo only took one of his tens, oscar, only a lunch.
i think it would be better accepted with a little
force of authority, which i don't have.

hey we used to have the occasional store employee
meeting.  i think it would be nice, so we could go
over things re: harassment, no working off the clock,
other concerns.
it could be a morale booster too.
there is nothing worse than feeling voiceless, and i
thank you so much for listening and helping us move
quickly on this issue.
it was so nice to talk today!
mary

for clarity, i grabbed this blogspot address to deal with people paying organic price, for fake organics.  say coventional rasberries labeled organic.  in your smoothie.

big deal you say.

but now this blog is getting more comprehensive about the lack of fair trade in the eco-gambit, labor law exploitation, emotional abuse behind the scenes etc.
i am unarchiving old letters.

if anyone is concerned their company will not benefit from these behind the scenes reports, please email me at maryeng1@gmail.com and we can see what can be done to censor the truth for the sake of your profit motive.

i don't know the price of that at this time.
and as you finally noticed my blogging skills and twitter presence might have done something good for a moment in all our heads.  but this is the converse of the digital age.  that your crimes might go public.

and for companies like new seasons who love MEAT, i have never had the pleasure of being your little slave.
maybe soon. wink.

the misery on our faces

Re: i hope everyone has a pleasant weekend

Wed Jun 25 2008 17:27:13 GMT-0700 (PDT)

From:

"mary eng" <maryeng1@yahoo.com>

To:

"Noah Bubman" <nbubman@gmail.com>

who manages payroll and what records are kept?
can we prove that everyone gets their lunch and clocks out appropriately?

tens should be scheduled (per 4 hours or significant portion thereof) and documented and computed according to the # hours in a shift in direct concurrence with the law.
if you guys want to be nice and say, clock out for thirty, paid ten could run up to 15.  that would be nice.
paid lunches, vacations, whatever, that's up to you.

but if the bare legal minimum is consistently unmet, unenforced, undocumented and irregular, great earth exposes itself to vulnerabilities legally, and the misery on our faces is not very good from an advertising angle, either.
when i mentioned clocking out to bernie once, the day that scarlet was mean to me in may, he seemed quizzical.
he said, "you have to clock out?" because i think in the benevolence of his spirit this seemed unnecessary.
that added to my lack of clarity as to which rule to follow for whom.

conversely, working through a 7 hour shift with only one ten minute which for me occurred quite a bit early in my tenure or more recently while wendy took luxurious hour long or half hour long ten minute breaks put inordinate pressure on me to do all the real work.  i didn't like that. i think she was having a rough day, but this pattern repeated and it is hard to man the counter solo as blenders run out etc.

if it were more regulated and documented all our rights could be protected and no one would feel hassled or put upon.

many mondays i worked with michael, many evenings with chris, many with wendy, with geoff, i observed this offensive slave mentality ethos "oh i don't need a break." will took long breaks.
jackie told me she worked that festival without a single break.
i remember the week of the holiday season that i worked many days with just a ten and worked very hard.

when the martyrs who don't want breaks, or who really want that extra 5-7.5 bucks/30 don't take a break, they get cranky, the incidence of workplace injuries go up, and they promote a level of unfair competition and a prevailing standard that flips the curve for everyone else.  the people who do take a break are considered lazy, which is not fair.

its like when someone is offering to work for less than minimum.
do you accept?
it drives wages down.
when people selfabnegate their legal rights away bc they are so grateful to have a job, or they want boss to like them, the cycle of violence begins.

when you hire people who are willing to forget their rights, you promote an unreasonable and illegal standard.
if that heroism of theirs' goes unrecognized and the penalty hour of pay is not tacked on by whoever does payroll services to recompense the worker for the lack of staff, support,  lunchtime, breaktime, rest, phonetime, familytime, sanity, rest-----then that legal debt still exists.
one hour's pay for every day that even so much as a little ten minute break never occurred.
so an 8-hour shift would give 2-10s, one 30 clocked out.
if any of those are missed, you owe a flat rate of one hour's pay for that day, and an apology so far as i am concerned.
this is exploitation.
look into it and think it over.
i wouldn't even waste my time with this if i didn't know that you are caring people.
sometimes, affluence handicaps a  person to the point of total  lack of comprehension of the dignity and suffering of others.
we do it all the time when we buy sweatshop, destroy the earth, eat meat, drive hummers, etc.
the voiceless need a voice.
your customers desire fair trade labor standards.
better than fair.
just for your info
Real raw live deserves this letter too.
unfair, unsafe standard, not cool
mary

to bernie bubman, of great earth, about the culture of no breaks

of course.
it's tough times right now.
hard work should be rewarded verbally or some other way.
at this point it is only for my conscience that i try to help.
won't it be great to keep those other employees, and not just keep them, but keep them happy and proud?
ahhh---all this carpel tunnel like pain in my hands.  stone bruises on my feet.  this kind of job should be well-rewarded.  the whole thing about the breaks may seem small if you're not the one with the pressure to work and perform and magically survive through it all.
the cumulative toll is what i'm talking about, as well as the integrity of the company.
in not guaranteeing and protecting and enforcing legally protected breaks for all employees, great earth . . . well
i'm sure you see my point.
in terms of labor struggles etc, all i ask for is a legal minimum, harassment free work zone and legally protected breaks for all employees.  that's very little to ask.  very doable.
and hey, at this point, i'm virtually out of your hair.
the fact remains that i care for you and your employees and know what goes on.
i want the best of course and want the connection to be clear.
it occurred to me that high turnover might be the desire of the company.  if so, no breaks, harassment, under staffing,  and no cleaning crew would be the way to chase someone like myself out.
too many days scrubbing on my hands and knees for what, scratch.  the pride of a clean work zone, sure, but the sense of positive community, free from divisiveness and negativity and respectful of each employee's dignity and humanity could have been more.
i am still full admiration and love obviously, otherwise, i wouldn't even be writing this, and waking up in the middle of the night concerned that you have misperceived my good will.
hopefully everything will be in tiptop shape for those who remain.
i love email.
isn't it beautiful that we can have this dialog?  in another era it wouldn't have been possible.
good luck.  i hope to hear good reports from my many friends, you included.
let me know if you noah or david ever get a grasp on the penalty for un-taken breaks issue.  this debt i view to be legitimate for every so used employee.  i feel honored to bring this up bc basically i can save you hassel in the future, help protect future employees, and instill some reverence for the law and its gravity.

mary
    

In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived. Labor Code Section 512. 

Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an "on duty" meal period that is counted as hours worked which must be compensated at the employee’s regular rate of pay. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the employer and employee an on-the-job paid meal period is agreed to. The written agreement must state that the employee may, in writing, revoke the agreement at any time. IWC Orders 1 –15, Section 11, Order 16, Section 10. The test of whether the nature of the work prevents an employee from being relieved of all duty is an objective one. An employer and employee may not agree to an on-duty meal period unless, based on objective criteria, any employee would be prevented from being relieved of all duty based on the necessary job duties. Some examples of jobs that fit this category are a sole worker in a coffee kiosk, a sole worker in an all-night convenience store, and a security guard stationed alone at a remote site.

If the employer requires the employee to remain at the work site or facility during the meal period, the meal period must be paid. This is true even where the employee is relieved of all work duties during the meal period. Bono Enterprises, In. v. Bradshaw (1995) 32 Cal.App.4^th 968.

If an employer fails to provide an employee a meal period in accordance with an applicable IWC Order, the employer must pay one additional hour of pay at the employee’s regular rate of pay for each workday that the meal period is not provided. IWC Orders andLabor Code Section 226.7  This additional hour is not counted as hours worked for purposes of overtime calculations.

If an employer fails to provide an employee a rest period in accordance with an applicable IWC Order, the employer shall pay the employee one additional hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided. Labor Code Section 226.7 Thus, if an employer does not provide all of the rest periods required in a workday, the employee is entitled to one additional hour of pay for that workday, not one additional hour of pay for each rest period that was not provided during that workday.

The rest period is defined as a "net" ten minutes, which means that the rest period begins when the employee reaches an area away from the work area that is appropriate for rest. Employers are required to provide suitable resting facilities that shall be available for employees during working hours in an area separate from the toilet rooms.

apologizing for attempted labor law enforcement at real raw live

this is an embarrassing letter i wrote to APOLOGIZE for attempting to get some labor law and prohibition of sexual harassment going on at Real Raw Live april 2008.  ryan hoegrefe the manager, made stripping jokes, and got paid double what the girls got paid.  for being  . . .?


my hours were trimmed to 5 hour shifts in retaliation for attempting to get breaks.  the original cast as of october 2007 were militantly anti-break slave-mentality people, but would become very unpleasant as they worked into their sixth and seventh hour with no break.  i found this appalling and immediately started advocating for breaks, which made me SATAN, so to speak.


in which case, i had to bow and scrape due to rodney's direct attempts to coerce me into quitting, so he could hire someone more submissive and anti-labor rights.


april 2008
Rodney, i am so sorry.  thank you for everything you
have done to make RRL happen.  i really feel like you
are positively affecting the neighborhood.  i respect
so much your own personal commitment.
i am sorry if my message was misunderstood.
i value this lesson about respect, honor, and
peacefulness.
i will strive to be professional in every way, and
respectful to you, your customers, and my co-workers.
thank you for listening to what i have to say.  i want
very much for RRL's success and your own personal
happiness and fulfillment.
let me know if there is anything more i can do.
again, i am so sorry. you are so kind. 
thank you for my job and for so many wonderful friends
who have taught me so much about nutrition and life.
it has been wonderful and life-changing.
i wrote to ryan and hopefully he communicated to you
my gratitude and desire for peacefulness and respect
and understanding.
thank you and i hope you have a chance to relax this
weekend.

a month at hollywood Life Food Organic 2010 new year

hollywood raw food shop---

my friend ### reported LFO still pays minimum wage and works people like slaves (his friends work there and he is a friend of jean louis, who on surface is super nice, but got really mean to me when i tried to suggest we follow the labor law and give breaks and pay overtime)

sketch report on the methadology.  annie jubb was was quite rude to me over my trying to defend the concept of breaks, overtime, and respecting the kitchen workers.

letter to investor and designer xavier llongueras who promised me 15$/hr and a managerial role:

my brother thought it would be a good idea to let you know about the shop.

i gave notice to annie on friday 1-22-10

several factors were at play---some of them personal and some related to the organization of the store.

i want you to know----and think it goes without saying bc i feel our connection is so intense---that i will always be a friend and feel very honored to know you and your family.

the situations regarding communication, management, organization could use oversight.

my attempts to help were met with disdain and chastisement and accusation.

nobody got paid for three weeks (me and jonathan)---actually closer to four given the second check coming on 1-22-09 (we started 12-28)--- and then two weeks (jose and effrain and laurel started a bit later) and then

annie wrote confusing checks saying 16.45 hours for 110$ and 25 hours for 120$

and with my best spanish i attempted to explain that we will

be paid in accordance with the law

and when i tried to help compile hours and overtime (keep in mind i have been studying labor law for years as well as business law) to be helpful

jl jumped my case and told me i'm not an accountant, there will be no overtime----

and annie blamed me for inciting anxiety---which was untrue---as everyone was worried about not getting paid and being underpaid and having hours cut off the check.

annie admitted to cutting hours off the second check for breaks we didn't take---so i think this is happening to other people as well---and i wish that she knew that this could cause severe penalties if she does not correct the figures. 

management must document and enforce all breaks.

the kitchen has been working with no breaks and working overtime.

her accountant told her to deduct for breaks.

this is effectively doctoring the books---to make it look like the company is in compliance with labor law.

this is not sufficient.

all the blogging work i did at home was obviously unappreciated as well.

i think 10/hr is not enough for me.  if you remember we discussed a more adequate wage as well as managerial role.  i think what they want is someone to do managerial things but not be paid at a managerial rate---but bc they get mad if i try to set up systems for labor law compliance, communication, proper regular payment and compliance with overtime law----this is obviously a waste of my intelligence.

if there is ever anything i can do for you let me know

and i hope your family in europe is at peace.

because you are invested in this project---my brother is right to suggest that i should let you know what is going on----

and by the way i think paying the spanish cooks 8/hr is racist.

jonathan told me they tried to pay him less than minimum wage last summer.

that's pretty scary.

i will pick up my final check tomorrow and hope annie can show my payroll documentation for where my tax withholdings have gone.

i have been paid 413$ so far on handwritten checks for 89 hours of work.

as you can imagine . . .this is not enough to live in LA or be drained of my spiritual energy.

the value of nutritional knowledge seems unnoticed as well.

sure they can get someone in for minimum wage---but will they be able to upsell large purchases of supplementation?  and navigate all the issues of allergies, veganfood, raw prep etc.

the public face of the business is very impt and that is why all workers should be treated well or the energy will be disrupted.

it is not fair trade.

if i am not properly paid for my final wages (within 72 hours of notice) i will have no problem seeking outside help and feel that it might be a great learning experience as to the particularities of CA labor law.  my knowledge is what would have made me an asset to the company, but being disrespected and having high turnover and underpaid employees speaks doom.

i almost know you would agree and feel that you might have been able to fix the many misunderstandings but i know your family needs you right now.

contact me if you ever need anything--or if you need help packing for europe---i would help you in any way i could

i offer this report in consideration of the humanity of the workers

in consideration of your investment

and to thank you for your good will

mary eng

1-24-10

morgue ambiance at great earth

from an old letter (08) to noah bubman at the original great earth in west hollywood, regarding the sale of meat:
i was very disappointed with the introduction of meat
into great earth bc it turned a very positive
workplace into a morgue and i have no desire to
perpetuate suffering of any kind, passively, tacitly,
or through indifference.
in the past, my own economic desperation has led me to
collude with barbarities which offend my conscience.
that is what exactly transpires at this time.
i feel as though a positive work environment,
overnight became negative, and i was expected to
maintain a cheerful demeanor based on falsity, and
lies.
that is why i continue to be aggrieved.
i realize we all have different perception regarding
ethics.
my past as a student of philosophy and as an activist
of many kinds is intrinsic to my development and
self-realization.
finding the proper avenue of expression is in itself
quite a conundrum.
i am not sure this is the best place to put my
energies.


and from another letter to his son:
hey noah---
what do you say you pull some clout and help get rid of the meat products in the case at Great Earth?

carcinogenic BBQ at new seasons in portland for CHAP

why would you cater carcinogenic heterocyclic amine filled beef for 

a healing arts project????????

why feed cancer producing food at a benefit for an arts foundation that helps kids with cancer????

so you can get more people sick?

dont you realize you are hurting Children's Healing Arts Project by making them look insensitive to animals, ignorant of 25 years of scientific study of carcinogenic heterocyclic amines, insensitive to exploited slaughterhouse laborers, and insensitive to humans who need positive role models of healthy nutrition?

when people without as much information see a great group like CHAP supporting the consumption of carcinogens at New Seasons, it could mislead them into thinking carcinogens can be consumed safely.

i think new seasons is criminal to poison the bodies of people this way 

and furthermore to poison their minds

and to the CHAP founder:

creatine in muscle tissue when heated to high temperatures create heterocyclic amines which are very well documented carcinogens.

so what is healing about carcinogenic "food" ?

i love the art though, i just dont think the artistic people should choose the slow suicide of carcinogenic cholesterol filled fake food

not to mention all the slaughterhouse karma and labor exploitation in the slaughterhouses

- Show quoted text -

hollywood fake-organic

i am terribly sorry to help you cut through the lies and deception.

the first time i heard of this, i was floored.

who would sell things as organic, but lie?

well.  i might wait a few days, until i am far from town, but i am just so sorry about every corporate deception.

i am also ashamed that as a low level low-pay worker, i kept a part of the conspiracy, because i needed my pay check.  but investigate.

ask to see the box.

it's not organic.

and the paychecks bounced.

the managers said creepy harassing things, and the more experienced women were kept out of management.

keep going, sure.  it's better than macdonalds.

but they violate the labor law too, just like le pain quotidien or whoever.

organic fair trade face, hides the slavery in the kitchen, the crudity, the insults, the broken laws.

realrawlive is a cute little place in hollywood.

the owner said i look like i have tourette's syndrome.  i guess that was his way of being mean.  or say the times he almost fired me for knowing the labor law, or complaining about customers who sexually harassed.

the wild voice mail berating a coworker was one of the wildest examples of self-incrimination i can imagine.  if you are going to verbally abuse someone, don't record it!

in my nihilism i can hardly find the energy to tell you: the fruit is not organic.  hasn't been for years.  i worked there for two years, and was terminated for getting the flu.

that is pretty illegal.
and pretty mean.

rick, the manager who always says gross stuff behind the counter, joked about a worker being a stripper. and ryan hogrefe made off-color comments about pole dancing, to employees, while on the clock, as "manager," while getting paid double what the normal slaves were paid.

i just thought you might want to look into it.  ask them to go organic, or stop false advertising.  its nice to try to do the eco thing, but when its fake, or involves labor abuse practices, it is pretty lame.

i worked there and loved the many wonderful customers.  but overall, it is pretty sad that a company would swing so much behind the scenes drama.

weird stuff like not paying overtime, or people who work off the clock.  or people getting fired because the office wasn't locked and the store got robbed.  punishing the lowest level for a security breach was not fair.
bounced paychecks, and hours left off paychecks week after week of underpay.

because i asked for lunch breaks i got my schedule trimmed down to four and five hour shifts.
so my income took a hit, because i dared attempt to defend my california labor law rights.  so lame.

just check it.  if you are running in for your awesome drink . . . i hope things are going better . . . . but i had to get this off my chest . . .