Saturday, October 31, 2015

The Handbook of Law Firm Mismanagement by Arnold B. Kanter (1990, Paperback)

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Most popular Hire A Lawyer auctions

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Law & Order Trial By Jury The Complete Series DVD NEW Sealed

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Friday, October 30, 2015

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Passing The Bar Legal-Lawyer-Court Art Print

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Macy's Will Open Stores On Thanksgiving Day Again This Year

The march of Black Friday into Thanksgiving continues.

AP / Mark Lennihan

Macy's said it will open on Thanksgiving Day for the third year in a row, just days after outdoor retailer REI drew widespread praise for closing on Black Friday and urging customers to spent the day outside instead.

"Our principal goal is to serve our customer when and how she wants to shop, and our extended hours are always in the interest of courtesy and convenience for customers," a Macy's spokesperson said in an emailed statement. "We understand and respect the impact on our associates, and we began our staffing planning early to allow associates to review available shifts throughout the holiday season, including on Thanksgiving weekend, and to volunteer for those shifts they prefer."

Big retailers seem to be digging their heels in on Thanksgiving openings, a relatively new phenomenon, even as criticism builds around putting employees to work on a national holiday.

In recent years, evidence has showed that pulling Black Friday shopping bonanzas into Thanksgiving simply spreads the weekend's sales out over an extra day, rather than drumming up extra revenue.

At the same time, it's easier than ever to offer similar deals online — Amazon successfully conjured its own version of Black Friday this July called "Prime Day," suggesting consumers will show up whenever and wherever deals are offered.

Macy's said most of its shifts on Thanksgiving day will be worked "by associates who volunteer to work those hours, and they are compensated with additional pay when doing so. Employees often tell us they prefer to work on Thanksgiving evening so they can have Friday off to spend shopping or with friends and family." Macy's staff working on Thanksgiving will be paid time-and-a-half.

Macy's, which beat retailers like Walmart and Target to the punch in announcing plans for the weekend, will open at 6p.m. on Thanksgiving, for the second year in a row. The company first opened on Thanksgiving in 2013 at 8 p.m. When it announced its plans in 2013, it specified in a statement that the opening would take place "after families across the country have finished their holiday meals and celebrations."

The Macy's spokesperson said that the 6 p.m. opening time is still after "many families" have finished their holiday meals and celebrations. Prior to 2013, Macy's opening at midnight on Black Friday in 2012 and at 4 a.m. on Friday in 2011.

Earlier this week, REI made headlines for closing on Black Friday — bypassing the Thanksgiving Day opening conversation altogether — and paying employees to go outside instead. While more than 700,000 people have used the private company's #OptOutside hashtag on social media so far, the company's chief creative officer noted he didn't expect Black Friday closures to be a trend.

"It would have been a heck of a lot harder if we were a public company," Ben Steele, the CCO, told BuzzFeed News. Macy's, in particular, has reported disappointing results this year.

Still, a number of chains have decided to close their doors on Thanksgiving Day, including GameStop, Ikea and Staples. TJX, the owner of T.J. Maxx, Marshalls and HomeGoods, which recently surpassed Macy's in annual revenue, has also typically closed in recent years.

LINK: Black Friday Was A Bust, So Why Keep Opening Stores On Thanksgiving?

LINK: Amazon Can Declare A Shopping Holiday Any Time It Wants. So Can We Have Thanksgiving Back?


View Entire List ›


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Hershey's Kisses Just Totally Copied Ferrero Rocher

Venessa Wong / BuzzFeed News

Hershey is launching a new spin on its classic Kisses starting November. Called Kisses Deluxe, the oversized, teardrop-shaped chocolates are filled with hazelnuts and come wrapped in gold foil. Hershey is calling it "the largest innovation in 25 years from America’s most iconic chocolate brand." Yet, to those familiar with grocery store chocolates, they probably look a lot like Ferrero Rocher.

Ferrero Rocher —the Italian chocolate that describes itself as "a tempting combination of smooth chocolaty cream surrounding a whole hazelnut; within a delicate, crisp wafer...all enveloped in milk chocolate and finely chopped hazelnuts" — occupies a very special place in many people's chocolate memories.

The candy, launched by Ferrero — the same company that makes the Nutella as well as Tic Tacs — in 1982, lives at the highest end of low-brow chocolates. You could find the gold-wrapped treats in gas stations, supermarkets and drug stores alongside cheaper, more everyday confectionaries, yet its glittering foil and creamy hazelnut filling put Ferrero Rocher in its own league. It was, after all, European. And it came in packaging that made it nice enough to bring to a dinner party.

It's just so fancy.

It's just so fancy.

fourthandfifteen / Via Flickr: chelmsfordblue

In the U.S., retail sales of Ferrero Rocher grew to roughly $244 million in 2014, and the candy jumped from being the 31st most popular chocolate brand in America in 2006 to 20th last year. Hershey's Kisses, meanwhile, came in 16th, show 2014 data from market researcher Euromonitor International.

The picture looks very different globally, however. Euomonitor ranks Ferrero Rocher 7th among chocolate brands, with retail sales of about $2.2 billion. Hershey's Kisses, meanwhile, has slid over the years to rank 21st globally.

Rocher's global popularity suggests fancy golden-foiled chocolates are a growth opportunity for Hershey both in the U.S. and abroad. The company only recently launched Hershey's Spreads in 2014, in chocolate, chocolate-almond, and chocolate- hazelnut flavors — presumably, as a Nutella alternative.

Ferrero declined to comment.

Hershey first introduced Kisses Deluxe in China in 2013, making it the company's first international chocolate launch, and tested them further with U.S. consumers. The limited-time Kisses Deluxe will be sold at U.S. retailers including Walmart, Sam’s Club, Kroger, Walgreens and CVS from Nov. 1 through Valentine's Day.

Hershey said in a statement to BuzzFeed News that Kisses are already the No. 1 chocolate brand sold during the holidays, and it "was inspired by our own fans who were looking for a unique, premium gifting option."


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Flywheel Isn't Just Competing With Uber Anymore

Flywheel

Flywheel wants to be known as the "non a-hole alternative" to Uber, as an email pitch the company recently sent to BuzzFeed News read. But with the launch of its latest product, TaxiOS, it won't just be Uber and its ilk that Flywheel is competing with — it'll be the companies that manufacture the meters that have dominated the taxi industry for so long.

Starting today, Flywheel — which started simply as yellow cab-hailing app and later came to include a digital payment service for cashless taxi transactions — is rolling out its newest product: an all-in-one taxi operating system. According to Flywheel CFO Oneal Bhambani, the idea is that TaxiOS, a driver-facing app, will effectively replace — and, ideally, improve upon — all the hardware in taxis. That includes the payment, navigation, and dispatch systems, in addition to the taxi meters, which determine fares by counting the number of times a taxi's tires revolves during the ride. The TaxiOS app will use GPS to determine the fare, which makes it more accurate than the existing and "antiquated" taxi meters, according to Bhambani; it will also allows riders to hail taxis, then pay for the rides on their phones or swipe their card through a Square-like credit card reader.

As of right now, Flywheel's TaxiOS is operating completely independently of taxi hardware in 70 San Francisco cabs as part of a pilot program with the city's Metro Transportation Authority; the company hopes to fully implement the system in all of the Flywheel-enabled fleets in San Francisco, Los Angeles, Seattle, San Diego, Sacramento, and Portland pending regulatory authority. In New York City, Flywheel is applying to be just one of the few companies participating in a Taxi and Limousine Commission program seeking to implement new and innovative payment and taxi systems. In the meantime, Flywheel has distributed TaxiOS to approximately 1,200 taxis, and according to Bhambani, there have been more than 1 million test rides of the product and the meter to ensure it works without a hitch. (Because the company has yet to receive regulatory approval, the app works in parallel with existing meters and hardware.)

Flywheel

"We don’t think anyone else has this technology," Bhambani said of the in-app GPS-enabled meter. "We are the only one to have to have a single device solution. The old meter was essentially invented in 1891 — it counts the revolution of the tire to determine the fare. That is a really big technological barrier to entry, that’s why we believe we’re pretty well positioned to be one of the first participants in the [TLC] pilot."

While a press release Flywheel circulated to announce the launch of TaxiOS goes as far as to call existing technology "dated" and "disparate," Jason Gross, the global head of product and marketing at Verifone — one of the first companies to offer credit card payment services in taxis — patently disagrees. In fact, Gross says, Flywheel is only just getting around to doing something Verifone has been working on for a while.

"We've actually already been developing and have a virtual meter ourselves," Gross told BuzzFeed News. "We've known about the TLC pilot and have our solution ready. We have 100,000 cars around the world, we have the same exact solution as they do. This is not disruption. This is not what Uber did to taxis."

And according to Gross, Verifone is no stranger to facing off (and ultimately winning out) against newer tech companies looking to get a piece of the yellow cab industry and several years ago that was Square.

"The TLC routinely tries out new technologies and give companies the opportunity to pilot and then they see what happens in the pilot," he said. "[The TLC accepts] any vendor that can meet the rules and qualify." In 2012, Verifone and Square both participated in a TLC pilot that aimed to test out new payment systems, but when the TLC drew up rules that Gross said became too "cumbersome" for Square, Square dropped out. Verifone ended up becoming an approved vendor, ultimately signing up more than half the taxis and 80 percent of the green cabs in New York.

While offering a single-device solution like TaxiOS may seem more convenient, having a credit card reader attached to a driver's phone has proven to be a problem, Gross said. "In the past, the drivers typically ask you to pass them your
card, but the TLC has said 'no, the reader in this case is going to have to be passed
to the passenger,'" he said. "In these new Nissans there’s not even a way to pass anything, so we see a lot of reason to have a credit card reader in the backseat of a cab ... A virtual meter makes perfect sense, and we're willing to try out any new technology but we still think a device in the backseat of the cab is important."

Bhambani, however, contends that existing taxi technology has a high failure rate, forcing many drivers to get them fixed frequently — in some cases as often as once a month, he said. TaxiOS would help drivers avoid that issue, in addition to enabling drivers to accept e-hails, which ideally would increase the volume of rides. Eventually, taxi drivers will also be able to use the TaxiOS platform to provide a delivery service for businesses, not unlike UberRush. But Verifone is doing that too. With its acquisition of e-hail company Curb earlier this month, and its plan to combine it with the company's proprietary taxi-hailing app Way2Ride, Verifone may prove to be as formidable a competitor to Flywheel as Uber has been.

Flywheel's technology may prove to bring more business to taxi drivers in New York City, and improve upon both the driver and rider experiences in taxis in the west coast. But with TaxiOS Flywheel certainly has a lot more than just Uber and Lyft to worry about.


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Contract Workers Are Suing Amazon

Amazon doesn’t want to be known as a bad employer. But with factory workers striking, corporate employees allegedly crying at their desks, and now, contract employees suing, that’s an increasingly hard case to make.

Via youtube.com

To get packages on your doorstep in less than two hours and make almost any item you can think of available for purchase online, Amazon relies on a massive, diffuse labor network. Some of these workers are contracted by other companies; some of them contract with Amazon; still others are employees. Some are robots. But all around the organizational chart, their dissatisfaction is causing problems for the company. Workers on Mechanical Turk have long complained that they are underpaid and undercut by the company. In Los Angeles, some workers in a factory that Amazon contracts with are currently on strike, BuzzFeed News reported last month. The Huffington Post just ran an excruciating story about a Virginia contract factory worker who died on the job in 2013.

Even at the top, things may not be much better. A New York Times article that portrayed Amazon as a grueling place to work was revived in the public eye last week when Amazon's Jay Carney publicly contested the trustworthiness of some of the sources in the story. (After the story was published, the ACLU paid for a full-page ad in the Seattle Times asking disgruntled Amazon employees to contact them with potential lawsuits; BuzzFeed News has not gotten a response to an inquiry asking whether any employees had responded.) While the story of a PR executive routing around the press by publishing his concerns directly to Medium dominated the conversation of late, it didn't totally drown out the central question: Is Amazon, a company that has in many ways revolutionized labor, a good place to work?

After this week, it seems we can add another four people to the roster of those who have come out and said it's not.

Four Amazon contractors — drivers who worked for Prime Now, Amazon's two-hour local delivery service, and were hired through a third-party contracting company — have proposed a lawsuit against the company, accusing Amazon of misclassifying them as contractors.

The drivers, their lawyer Beth Ross argues, should be classified as employees for a number of reasons, including that they work shifts rather than on a gig basis, have to wear shirts and hats with company branding, and are told by the company where to be and when. In addition, the workers are concerned that the cost of gas, tolls, and other incidental expenditures makes their total income below the legal minimum wage in California. (Amazon advertises that the drivers will make around $20 an hour; the minimum wage in California, where these workers live, is $9.)

Ross, who has been working a similar case against FedEx for a number of years, says her case is much firmer than other misclassification cases against tech companies, such as the high-profile legal battle over contract labor of the moment, the one Shannon Liss-Riordan is fighting over Uber. "Once they pick their schedule, they're on the schedule," Ross told BuzzFeed News of her clients and their fellow Prime Now contractors. "They work eight hours, they get paid by the hour, and then they go home. It's as different from Uber as it could be."

Incidentally, Amazon recently launched a program for on-demand local delivery that is actually a lot like Uber. Flex allows drivers to pick up and deliver packages using an app, the same way Uber drivers deliver people. A rep for Amazon said the company is always experimenting with new ways to get packages to doorsteps faster, relying on a combo of FedEx, USPS, UPS, DHL, and more to do so.


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Thursday, October 29, 2015

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National Review Magazine - August 23, 2004 - Lynne Stewart - Trial Lawyers

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The Golden Era Of Starbucks Is Going Strong

Afp / AFP / Getty Images

The reign of Starbucks continues.

As other global chains like McDonald's, Subway, and KFC struggle to regain stability, Starbucks ended its fiscal 2015 year in September with global comparable-store sales growth of 7%. This was the sixth consecutive year of comparable sales growth for Starbucks globally.

The Seattle-based chain's business remained robust in the U.S. too, where it grew sales at cafes open 13 months or longer by 9% last quarter.

BuzzFeed News

Starbucks — ranked the most popular restaurant among teens in a recent Piper Jaffray survey — has been growing sales through successful new food and drink offerings and its very successful loyalty program.

The company also recently rolled out mobile ordering and has increased worker pay and benefits in the U.S. "Our comp results are strongest where we are having our greatest success in reducing turnover," Starbucks CEO Howard Schultz told investors. "There is no doubt that our partner investments link directly back to our ability to post record profits."

Improvements in pay and benefits are also planned for the company's international restaurants, it said.

The current growth spree looks like it will continue through next year: Starbucks predicted global comparable store sales growth "somewhat above mid-single digit" percentages in fiscal 2016, and plans to open another 1,800 new stores, of which about 700 will be in the Americas region.

Already, Starbucks has 23,043 stores in 68 countries. Schultz is relying on the "universal appeal of the Starbucks experience" to make the chain even more ubiquitous.


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Court Ruling Could Push Debt Forgiveness For Cheated Students

Photograph by Molly Hensley-Clancy for BuzzFeed News

Despite a judge's $530 million ruling Tuesday against the operator of the disgraced Everest University chain of for-profit colleges, tens of thousands defrauded students are unlikely to ever see a dime from the bankrupt company, whose meager assets were handed over to lenders long ago.

But the ruling against Corinthian Colleges may still have important implications for former Everest students: advocates say it should provide a basis for the Department of Education to forgive Corinthian students' federal loans. The lawsuit against Corinthian was filed by the Consumer Financial Protection Bureau last year.

The judgement is the first of its kind. Throughout its storied collapse, the giant for-profit college maintained it had "never been given due process to refute the unsubstantiated allegations" of fraud against students. That was essentially true: Corinthian faced an onslaught of investigations and lawsuits by state attorneys general, a probe by the SEC, and a finding of fraud by the Education Department earlier this year. One was settled without an admission of guilt; others are ongoing.

But until Tuesday, after the bankrupt Corinthian ceased to defend itself in the CFPB's lawsuit, there had never been a ruling in a court of law against the for-profit college.

"This is the first ironclad, definitive judicial finding that this operation was formally engaged in fraud," said Barmak Nassirian, a policy analyst American Association of State Colleges and Universities and a longtime critic of the for-profit college industry.

The judgement could help those trying to make the case that Corinthian's students were misled into taking out loans, and are therefore eligible to have the debt forgiven. Former Corinthian students and activists are using a previously unknown student loan protection clause, called "defense to repayment," to argue that the federal government is obligated to forgive the loans of former Corinthian students. According to that clause, students "may assert, as a defense against collection of your loans, that the school did something wrong.”

The Education Department has mostly remained vague about how it plans to determine whether Corinthian "did something wrong," enabling the government to forgive loans. But officials told reporters this summer that one of two conditions would provide sufficient evidence of misconduct: the department's own findings against a school, or a "final judgment" against a college in a court of law.

“The Department of Education should use this ruling to provide comprehensive debt relief to Corinthian students," said Maura Dundon, senior policy council for the Center for Responsible Lending. "It is now beyond clear that they were deceived into taking out their loans and deserve a fresh start.”

Denise Horn, an Education Department spokesperson, said: “The Department’s Special Master is reviewing all borrower defense claims and will consider this ruling in that process.”

The department used its own findings from an investigation against Heald Colleges, a smaller school owned by Corinthian, as a basis to offer blanket forgiveness to all former students of that chain. But the federal government has not had any findings against Everest Colleges and Universities, which was by far the company's largest chain.

Tuesday's ruling "should signal the eligibility for loan forgiveness of every one of the students who borrowed," said Nassirian.

Debt forgiveness based on Tuesday's ruling is complicated by the fact that the Consumer Financial Protection Bureau's lawsuit technically pertains only to a relatively small portion of private student loans issued by Corinthian — the only loans over which the CFPB holds jurisdiction.

The judge found that Corinthian had deceived students into taking out those private loans using misleading information and falsified job-placement rates. The CFPB says that more than 60% of Corinthian students defaulted on those private loans within three years.

The rulings do not pertain to the billions of dollars in federally-backed loans that make up the bulk of the debt owed by former Corinthian students — the loans that former students and advocates are fighting to have forgiven.

Advocates said that when it comes to the Education Department's rulings, the distinction between fraud relating to private and federal loans should be meaningless. "If they were lying to people about private loans," Nassirian said, "they were lying about federal loans."


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The New York Times Is Considering "Technical Solutions" To Ad Blockers

NYTimes.com


"Let me make it clear that we oppose ad blocking," New York Times chief executive Mark Thompson said on an earnings call Thursday. "The creation of quality news content is expensive and digital advertising is an important way in which we and other high-quality news providers fund operations."

The company seems set to test a number of responses to ad blocking software, in a manner similar to the Washington Post. As BuzzFeed News reported in September, the Post has experimented with pop-up windows asking users to turn off ad blockers, and others directing those who want an ad-free experience to become paying subscribers.

Thompson said the Times was "exploring a number of options, including, but not limited to, technical solutions, to mitigate the blockers should the threat increase."

Like most print media companies transitioning to digital, the Times is banking its future on a combination of paid online subscriptions and digital advertising. While the former category has outperformed expectations, the latter is struggling amid an industrywide glut of ad inventory and the rapid shift by readers mobile devices.

In the third quarter, the Times pulled in $48.6 million in revenue from its more than 1 million digital subscribers. Revenue from digital advertising shrunk 5% to $36.5 million and made up just over a quarter of its total advertising revenue of $136 million. In total, the company made a $22 million operating profit on revenues of $365 million.

While other publications have taken direct action in response to the rise of ad blockers, the Times has not. Along with the Washington Post, GQ sometimes asks readers to turn off their ad blocker or pay $.49 for an article, while the Guardian asks readers who use ad blockers to make a donation.

Meredith Kopit Levien, the Times' chief revenue officer, told analysts "I think the Times is at industry average in terms of the rate of adoption of blockers on the web." And the company, she said, is working to address the basic dislike of online ads that has driven the rise of blocking software in the first place.

"We're hard at work at making better digital advertising and creating more relevant experiences for our users that kind of match the surrounding New York Times product and editorial experience," Levien said.

While revenue from classified and display advertising both declined from a year ago, the "other" advertising category, which includes branded content, jumped 42% to $5 million.

Thompson told analysts "you can certainly expect to see us experimenting" and that the company was "exploring reactions and working out what works best."

On Thursday, the popular AdBlock tool reported spotting 17 blockable ads on NYTimes.com.


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The Human Cost Of America’s Favorite Meat

Oxfam America

The average American poultry plant today is found at the edge of a highway, near a company town, lights blazing and chimneys smoking at all hours. Outside, the ground is all concrete and feathers, and the air smells of fried chicken and bird feces. Inside, the plant is humid, loud, and cold — kept at low temperatures to better preserve the chicken. Sharp knives fly alongside powerful machinery, and everywhere are chemicals, like ammonia and chlorine, used for cleaning, processing, and cooking. Floors are slick with blood, grease, and water to periodically clear away viscera and offal.

This is the workplace in which America's favorite meat is produced. Over the past half century, Americans have tripled their poultry consumption, and the $50 billion industry today employs a quarter of a million workers. This workforce is anything but stable: By some estimates, employee turnover in the sector has been higher than 100% in recent years.

The churn is due in part to grueling labor conditions in the plants, where low-wage workers repeat the same hanging, twisting, slicing, and hacking motions thousands of times a day to process fowl at ever-increasing speeds, as described in a new report from Oxfam America. The work leads to high rates of musculoskeletal disorders — five times that of other industries, according to the most recent numbers from the federal Occupational Safety and Health Administration (OSHA) — as line workers’ hands swell and warp from the stress, leaving them unable to hold spoons, glasses, or their children.

While workplace injuries are reported and tracked by OSHA, critics of the industry say such numbers are unreliable estimates of the true scale of harm being done to worker health. Injured staff who should be at home healing may instead be asked to come in and sit in an office so they don’t appear on lost time logs, Celeste Monforton, a former OSHA legislative analyst now teaching at George Washington University, told BuzzFeed News.

In other instances, Monforton said, workers will be given painkillers at a nurses' station and sent directly back to work on the line. Oxfam also describes how employees who can no longer work due to their swollen hands are simply fired and replaced, which keeps lost-time injury rates low.

The report implicates the nation’s four top chicken producers — Tyson, Perdue, Pilgrim’s, and Sanderson Farms — in perpetuating these harrowing, unsafe labor practices. A 2013 Southern Poverty Law Center report, a 2005 study from Human Rights Watch, and a Pulitzer Prize–winning Wall Street Journal investigation from 1994 all describe similar conditions, remarkably unchanged over the decades.

Of the four, Perdue and Tyson responded to requests for comment from BuzzFeed News, disputing the report’s accounts. Perdue said its company-wide lost-time rate due to injuries was significantly below the national average for all industries and that its rate of injuries reportable to the OSHA was half the average of the poultry industry. "We recognize our responsibility to provide a safe, productive and rewarding workplace," the company said.

Tyson said: "While we appreciate Oxfam America’s efforts, we don’t agree with everything in its report, which includes comments from former workers as well as union advocates and other interest groups known for their criticism of our industry. We believe we’re doing the right thing by our Team Members, however, we always push to do better."

The full statements from both companies are included below.

Tom Super, a spokesperson for the National Chicken Council and the U.S. Poultry and Egg Association, said in a statement, “Our employees are our most important asset and their safety is of paramount importance,” and called the industry’s record of improvement in health and safety “outstanding” over the past three decades. Oxfam vigorously disputes this.

Vasily Fedosenko / Reuters

As late as 1980, most chicken was sold whole, but by 2000, nearly 90% was processed into parts. Despite increased automation, for a live chicken to be turned into nuggets, tenders, Perdue Fun Shapes, or Pilgrim’s Honey-Dipt Strips, human hands must still slice, pull, debone, skin, coat, freeze, and package the products. Most of this kind of work has shifted from the home to the plant.

In 1994, Wall Street Journal reporter Tony Horwitz went undercover to work in poultry processing in the nation's "broiler belt" and described firsthand the dangerous line speeds and debilitating repetitive motions required to process each bird. Horwitz found workers caught in “a Dickensian time warp, laboring not just for meager wages but also under dehumanized and often dangerous conditions."

“Automation, which has liberated thousands from backbreaking drudgery, has created for others a new and insidious toil,” he wrote. “Work that is faster than ever before … and reduced to limited tasks that are numbingly repetitive, potentially crippling and stripped of any meaningful skills or the chance to develop them.”

In interviews with Oxfam America and BuzzFeed News, workers said little has improved since then. Instead, line speeds have increased, while the real value of wages has fallen 40% since the 1980s.

Sergei Karpukhin / Reuters

At the time of Horwitz’s writing, the upper limit of birds processed per minute was 91, up from the high 50s 15 years earlier. Today, the maximum permissible rate is 140 birds per minute, and the industry recently pushed for a higher limit of 170. Workers and advocates defeated the measure, and Oxfam's participation in that effort helped lead to the new report, according to Oliver Gottfried, Oxfam America senior advocacy and collaborations advisor.

Line speeds are set by the Department of Agriculture with an eye to food safety, rather than worker well-being. The rate refers to the speed at which machines eviscerate each carcass, and that number naturally determines human production speed down the line. More than 75% of poultry workers in line jobs reported cumulative trauma disorders in their hands and wrists, according to a 2013 survey by the Southern Poverty Law Center.

The National Chicken Council and the U.S. Poultry and Egg Association, the voices of the industry, say occupational injuries in the poultry sector's slaughter and processing workforce have fallen by 80% since 1994, according to Bureau of Labor Statistics data. Oxfam maintains that this statistic is the result of changes to reporting methodology and consistent underreporting of injuries.

In 2002, Oxfam notes, OSHA introduced a new form for reporting workplace injuries that eliminated the column requiring reports of musculokeletal-disorder-type injuries. After the form’s introduction, the apparent incident rate fell “abruptly and dramatically."

In fact, the Bureau of Labor Statistics itself notes in a highlighted box on the front of its report that "[d]ue to the revised recordkeeping rule, the estimates from the 2002 survey are not comparable with those from previous years."

Luc Gnago / Reuters

And increased risk of musculoskeletal injuries is far from the only danger in the life of a poultry plant worker.

In April, local Alabama media reported on the high rates of poultry plant injuries, beyond disabilities caused by repetitive motions. Federal inspectors fined the state's chicken processing plants more than $359,000 for labor violations over the past five years.

Among the more gruesome OSHA violations cited in Alabama was the following: In June 2011, Perdue Farms was fined $13,417 in part because “the firm did not properly disinfect a scissor lift that was coated with another employee's blood before telling other employees to use it.” Perdue Farms issued a statement at the time that said the plant was sold to Wayne Farms in December 2012 and cited issues were addressed.

This September, after a teenager lost a leg at an Ohio plant, the supplier faced a rare fine of $1.4 million for safety violations.

Oxfam America

In a particularly dispiriting aspect of the job, poultry plant line workers are regularly denied breaks to relieve themselves, Oxfam found. As a result, workers report developing prostate pain and urinary tract infections from waiting until the end of their shifts to go — some urinate or defecate on themselves on the line. Nearly 80% of workers surveyed by the Southern Poverty Law Center in 2015 reported not being able to take bathroom breaks during the day when needed. The Wall Street Journal reported similar conditions in the '90s.

One worker in Springdale, Arkansas, said she wore Pampers so she wouldn’t have to leave her post to use the bathroom. Her overseer told her not to eat and drink so much water and food. “Myself and many, many others had to wear Pampers,” she told Oxfam. “It made me feel ashamed.”

Tyson spokesperson Gary Mickelson said in a statement that restroom breaks at the company’s plants are not restricted to scheduled work breaks and supervisors are instructed to "allow Team Members to leave the production line if they need to use the restroom.”

Andrew Renneisen / Getty Images

The grim conditions at processing facilities contrast with the booming market for their end product, with American consumers showing a voracious appetite for all things processed and avian. In the fast food industry, fried chicken sandwiches are a white hot category.

At Chick-fil-A’s recent opening of its flagship store in New York, customers braved the possibility of a Category 4 storm for a chance at a year's worth of free fried chicken sandwiches. The chain averaged $3 million in profits for each of its more than 1,800 locations in 2014, more than McDonald’s, or any of the competition for that matter.

To stay in the chicken game, the Golden Arches recently introduced a Buttermilk Crispy Chicken Sandwich this summer and credited it with driving sales in a quarter when the company returned to growth for the first time in years. KFC and Popeyes have been waging a “$5 chicken meal war” over the best value combo of legs, thighs, tenders, and bone-in pieces. Customers have rewarded the chains with increased sales.

While more fast food companies have recently promised cage-free hens and the elimination of antibiotics in their supply chains, they have not yet shown similar commitment to worker well-being. Chick-fil-A and Popeyes did not respond to requests for comment on the report. KFC declined to comment.

As the Fight for 15 movement to improve fast food labor conditions gains traction and the Department of Labor improves protections for farmworkers, Gottfried said he thinks the moment is right to bring the public's attention to conditions inside poultry plants. On Tuesday, House Democrats sent a letter to OSHA asking them to address hazards in the industry, stating that "enforcement from your agency is critical to protecting these workers."

In the short term, line worker turned organizer Bacilio Castro said he’s focused on gaining permission for workers to take more frequent restroom breaks in the plants and raising consumer awareness about conditions.

“We’re not asking you to stop eating chicken,” said Castro. “We’re simply asking to be treated as human beings and not as animals.”


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Digital, Fancy And More Expensive: Panera Is The Future Of Fast Food

Venessa Wong / BuzzFeed News

For a glance at what American fast food could look like in the future, take a look at what's going on at Panera.

"Panera 2.0," the name the St. Louis soup and sandwich chain gave to a plan it launched in 2014, is in large part about turning restaurants into eateries for the 21st century. Stores are illuminated by twinkling tablets that allow customers to punch in orders themselves, and have taken the place of some cashiers. Orders pour in from Panera's smartphone app, too. Menus are now more customizable, promote more paid add-ons, and are getting — ever so gradually — pricier.

Meanwhile, the chain has been touting its exhaustive list of artificial ingredients banned from its kitchens, in the name of more natural eating.

Consumers seem to have embraced the changes at Panera: Digital orders in remodeled restaurants now account for 22% of sales, the chain said Wednesday, and transaction counts are growing.

"Indeed, to our knowledge, this is the highest digital utilization percentage of any public restaurant company in the industry, exclusive of the pizza [chains]," Panera CEO Ron Shaich told investors Wednesday.

Similar changes have been trickling through fast food, from McDonald's (which is installing ordering kiosks) to Taco Bell (which has a mobile app).

Venessa Wong / BuzzFeed News

The emergence of self-service ordering in fast food must be understood, to some extent, in relation to rising wages and healthcare costs.

A number of cities recently passed $15 minimum wages, including Seattle, San Francisco, Los Angeles, and a fast food-specific hike in New York, and more are expected to approve similar increases. "We believe the structural pressure on labor costs will likely continue for the foreseeable future," said Shaich.

As far as labor is concerned, one of the benefits of Panera's 2.0 system is that self-service ordering facilitates "more efficient" use of workers in stores, Shaich said. As labor costs rise, it frees up workers from cashier duties to help move more orders through the kitchen faster. This, of course, assumes the technology is bringing in more orders.

Sales in the remodeled stores are in fact growing faster than in the old stores. Still, Panera has had to increase menu prices to offset rising expenses, despite efficiency gains from self-service ordering. The chain increased menu prices 1% in September 2014, then 1.3% in early 2015, and then 2.1% last quarter.

Panera's customers don't seem to mind the new prices — not yet anyhow — as reflected by continued traffic growth. The average order in Panera is already more than $10, according to data from restaurant consultancy Technomic.

BuzzFeed News

More price hikes are on the way.

Shaich told investors the recent price increase was still "not quite enough" to cover rising wage and healthcare costs and food inflation in the third quarter "but going forward, our plan is to do just that. We believe we can effectively take price to cover inflation, particularly when competitors are doing the same thing, which is what we're seeing when we see minimum wage increases."

In other words, he sees menu prices increasing at Panera and its competitors. Already, Starbucks and Chipotle increased prices this year after workers got raises.

Labor expenses at Panera have increased to 32.6% of sales, up from 29.4% in 2012, as a result of wage increases and the labor needs in the 2.0 restaurants. Its operating profit margin last quarter was down 1.2% from a year ago "primarily the result of structural wage increases and costs related to the startup and transition expenses associated with our strategic initiatives," according to the company.

Similar trends may very well emerge at other fast food chains. Taco Bell also launched an ordering app last year and recently added ordering capabilities to its website. Starbucks began rolling out mobile ordering in 2015. McDonald's is installing in-store kiosks and will start testing mobile ordering in 2016. Chipotle this month said it is looking to improve its mobile ordering system.

Fast food is getting more digital as it raises pay for workers and offers them more benefits. It also seems to be tightening historically lax food quality standards, with initiatives to remove artificial ingredients and buy meat raised without antibiotics. Many consumers have demanded these changes from restaurants, and now, it appears, it's time for them to pay for it.


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Russell Simmons Announces Fund For RushCard Customers

Kevin Winter / Getty Images

Russell Simmons announced Thursday that he's creating a multi-million dollar fund to compensate customers of RushCard, a pre-paid debit card that he founded, the AP reported.

Customers were left in a lurch earlier this month for as many as 10 days when they lost access to the funds saved in their RushCard accounts. The fund will be used to reimburse customers who had incurred late fees to overdue bills or for any other financial hardships they may have faced at the time.

The hiphop mogul spoke to the AP Thursday and said he was devastated and wants to do right by his customers.

The company told the New York Times that "hundreds of thousands" of customers were affected and that it was discussing a reimbursement fund with regulators and was waiting for their approval to start compensating customers.

Richard Cordary, the head of the Consumer Financial Protection Bureau said in a statement last week that the regulator "is prepared to use all appropriate tools at our disposal to help ensure that consumers obtain the relief that they deserve."

The problem started for RushCard users on October 12th after scheduled maintenance took longer than expected. By October 13th, some customers were no longer receiving direct deposits and seeing zeroed-out accounts.

RushCard, along with other prepaid debit cards, targets the millions of low-income Americans who struggle to be served by the traditional banking industry.

LINK: Government Says RushCard Will Be Held Accountable For Failure

LINK: Eight Days OF Chaos For Users Of Russell Simmons' Debit Cards

LINK: This Baltimore Mom Had To Walk To Work On RushCard's 9th Day Out



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