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Employer Pays $475,000 To Settle ADA Discrimination Lawsuit Challenging Medical Fitness Testing For EMTs, Firefighters & Other Public Safety Worker's
Employers that require employees to submit to medical examinations, question employees about physician or mental conditions or disabilities while on medical leave or for other fitness for duty assessments, or engage in other similar activities should evaluate the defensibility of those practices in light of the growing challenges to these and other employee screening practices by the Obama Administration and private plaintiff attorneys like the Justice Department disability discrimination complaint that lead to a $475,000 settlement against Baltimore County, Maryland.
Baltimore County Nailed For Health Screening of Public Safety Workers
On August 7, 2012, the Justice Department announced that Baltimore County, Maryland will pay $475,000 and change its hiring procedures to resolve a Justice Department lawsuit filed that charged the county violated the Americans with Disabilities Act (ADA) by requiring employees to submit to medical examinations and disability-related inquiries without a proper reason, and by excluding applicants from emergency medical technician (EMT) positions because of their diabetes. The prosecution is notable both for the Justice Department's challenge of health screenings of EMTs and other workers in key safety positions generally as well as the Justice Department's challenges to the employer's medical inquiries to workers on medical leave.
Title I of the ADA prohibits employers from discriminating against individuals on the basis of disability in various aspects of employment. The ADA's provisions concerning disability-related inquiries and medical examinations reflect Congress's intent to protect the rights of applicants and employees to be assessed on merit alone, while protecting the rights of employers to ensure that individuals in the workplace can efficiently perform the essential functions of their jobs. An employer generally violates the ADA if it requires its employees to undergo medical examinations or submit to disability-related inquiries that are not related to how the employee performs his or her job duties, or if it requires its employees to disclose overbroad medical history or medical records. Title I of the ADA also generally requires employers to make reasonable accommodations to employees' and applicants' disabilities as long as this does not pose an undue hardship or the employer the employer otherwise proves employing a disabled person with reasonable accommodation could not eliminate significant safety concerns. Employers generally bear the burden of proving these or other defenses. Employers are also prohibited from excluding individuals with disabilities unless they show that the exclusion is consistent with business necessity and they are prohibited from retaliating against employees for opposing practices contrary to the ADA. Violations of the ADA can expose businesses to substantial liability.
As reflected by the Baltimore County settlement, violations of the employment provisions of the ADA may be prosecuted by the EEOC or by private lawsuits and can result in significant judgments. Employees or applicants that can prove they were subjected to prohibited disability discrimination under the ADA generally can recover actual damages, attorneys' fees, and up to $300,000 of exemplary damages (depending on the size of the employer).
The U.S. Justice Department lawsuit against Baltimore County, Maryland is one in a growing series of lawsuits in which the Justice Department or Equal Employment Opportunity Commission (EEOC) is aggressively challenging medical examination and other medical screenings by private and public employers. In its lawsuit against the County, the Justice Department complaint identified 10 current and former police officers, firefighters, EMTs, civilian employees and applicants who were allegedly subjected to inappropriate and intrusive medical examinations and/or other disability-based discrimination. Justice Department officials claimed the County required some employees to undergo medical examinations or respond to medical inquiries that were unrelated to their ability to perform the functions of their jobs. The complaint also alleged the County required employees to submit to medical examinations that were improperly timed, such as requiring an employee who was on medical leave and undergoing medical treatment to submit to a medical exam even though the employee was not attempting to return to work yet.
According to the complaint, numerous affected employees – some of whom had worked for the County for decades – submitted to the improper medical exams for fear of discipline or termination if they refused. The complaint also alleges that the county retaliated against an employee who tried to caution against the unlawful medical exams and refused to hire two qualified applicants for EMT positions because they had diabetes.
In the proposed consent decree filed on August 7, 2012 and awaiting District Court approval, the County seeks to resolve the lawsuit by agreeing to:
Pay $475,000 to the complainants and provide additional work-related benefits (including retirement benefits and back pay, plus interest);
Adopt new policies and procedures regarding the administration of medical examinations and inquiries;
Refrain from using the services of the medical examiner who conducted the overbroad medical examinations in question;
End the automatic exclusion of job applicants who have insulin-dependent diabetes mellitus; and
Give ADA training to all current supervisory employees and all employees who participate in making personnel decisions.
Obama Administration Aggressively Enforcing & Interpreting Employment & Other Disability Discrimination Laws
The Baltimore County suit is reflective of the aggressive emphasis that the Obama Administration is placing on challenging employers that require employees to undergo medical screening, respond to medical inquiries or engage in other practices that the EEOC, Justice Department or other Obama Administration officials under Title I of the ADA, as well as its heavy emphasis upon enforcement of the ADA and other disability discrimination laws against U.S. businesses and state and local government agencies generally.
The Justice Department action against Baltimore County is part of the Obama Administration's sweeping effort to enforce employment and other disability discrimination laws against businesses and state and local government agencies alike. While the Administration's disability law enforcement reaches broadly, disability discrimination enforcement is particularly notable in the area of employment law. This enforcement targets both public employers like Baltimore County, and private employers. In the private employer arena, for instance, the EEOC earlier this year sued Wendy's franchisee, CTW L.L.C., (Texas Wendy's) for allegedly violating the ADA by denying employment to a hearing-impaired applicant. In its suit against Texas Wendy's, the EEOC seeks injunctive relief, including the formulation of policies to prevent and correct disability discrimination as well as an award of lost wages and compensatory damages for Harrison and punitive damages against CTW L.L.C. In the suit, the EEOC charged that the general manager of a Killeen, Texas Wendy's refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that Harrison is hearing-impaired.
According to the EEOC, Harrison, who had previously worked for a different fast-food franchise for over two years, was denied hire by the general manager. Harrison said that after successfully interviewing with the Wendy's shift manager, he attempted to complete the interview process by interviewing with Wendy's general manager via Texas Relay, a telephonic system used by people with hearing impairments. Harrison's told the EEOC that during the call he was told by the general manager that "there is really no place for someone we cannot communicate with."
As illustrated by the suits against Baltimore County, Texas Wendy's and many other public and private employers, employers must exercise care when making hiring, promotion or other employment related decisions relating to persons with hearing or other conditions that could qualify as a disability under the ADA.
Defending disability discrimination charges has become more complicated due to both the aggressive interpretation and enforcement of the ADA under the Obama Administration and amendments to the ADA that aid private plaintiffs, the EEOC, the Justice Department and others to prove their case. Provisions of the ADA Amendments Act (ADAAA) that expand the definition of "disability" under the ADA, signed into law on September 25, 2008, broadened the definition of "disability" for purposes of the disability discrimination prohibitions of the ADA to make it easier for an individual seeking protection under the ADA to establish that a person has a disability within the meaning of the ADA. The ADAAA retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, provisions of the ADAAA that took effect January 1, 2009 change the way that these statutory terms should be interpreted in several ways. Most significantly, the ADAAA:
Directs EEOC to revise that portion of its regulations defining the term "substantially limits;"
Expands the definition of "major life activities" by including two non-exhaustive lists: (1) The first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating); and (2) The second list includes major bodily functions (e.g., "functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions");
States that mitigating measures other than "ordinary eyeglasses or contact lenses" shall not be considered in assessing whether an individual has a disability;
Clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;
Changes the definition of "regarded as" so that it no longer requires a showing that the employer perceived the individual to be substantially limited in a major life activity, and instead says that an applicant or employee is "regarded as" disabled if he or she is subject to an action prohibited by the ADA (e.g., failure to hire or termination) based on an impairment that is not transitory and minor; and
Provides that individuals covered only under the "regarded as" prong are not entitled to reasonable accommodation.
The ADAAA also emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis. In adopting these changes, Congress expressly sought to overrule existing employer-friendly judicial precedent construing the current provisions of the ADA and to require the EEOC to update its existing guidance to confirm with the ADAAA Amendments. Under the leadership of the Obama Administration, the EEOC and other federal agencies have embraced this charge and have significantly stepped up enforcement of the ADA and other federal discrimination laws.
The ADAAA amendments coupled with the Obama Administration's emphasis on enforcement make it likely that businesses generally will face more disability claims from a broader range of employees and will possess fewer legal shields to defend themselves against these claims. These changes will make it easier for certain employees to qualify as disabled under the ADA. Consequently, businesses should act strategically to mitigate their ADA exposures in anticipation of these changes. Given the Obama Administration's well-documented, self-touted activism of the EEOC, Justice Department and other federal agencies in prosecuting disability discrimination and promoting a pro-disability enforcement agenda, businesses are encouraged to review and tighten their employment disability discrimination compliance procedures and documentation.
Likewise, businesses should be prepared for the EEOC and the courts to treat a broader range of disabilities, including those much more limited in severity and life activity restriction, to qualify as disabling for purposes of the Act. Businesses should assume that a greater number of employees with such conditions are likely to seek to use the ADA as a basis for challenging hiring, promotion and other employment decisions. For this reason, businesses should exercise caution to carefully document legitimate business justification for their hiring, promotion and other employment related decisions about these and other individuals who might qualify as disabled taking into account both the broadened disability definition and the aggressive interpretative stance of the Obama Administration. Businesses also generally should tighten job performance and other employment recordkeeping to promote the ability to prove nondiscriminatory business justifications for the employment decisions made by the businesses.
Businesses also should consider tightening their documentation regarding their procedures and processes governing the collection and handling records and communications that may contain information regarding an applicant's physical or mental impairment, such as medical absences, worker's compensation claims, emergency information, or other records containing health status or condition related information. The ADA generally requires that these records be maintained in separate confidential files and disclosed only to individuals with a need to know under circumstances allowed by the ADA.
As part of this process, businesses also should carefully review their employment records, group health plan, family leave, disability accommodation, and other existing policies and practices to comply with, and manage exposure under the new genetic information nondiscrimination and privacy rules enacted as part of the Genetic Information and Nondiscrimination Act (GINA) signed into law by President Bush on May 21, 2008. Effective November 21, 2009, Title VII of GINA amends the Civil Rights Act to prohibit employment discrimination based on genetic information and restricts the ability of employers and their health plans to require, collect or retain certain genetic information. Under GINA, employers, employment agencies, labor organizations and joint labor-management committees face significant liability for violating the sweeping nondiscrimination and confidentiality requirements of GINA concerning their use, maintenance and disclosure of genetic information. Employees can sue for damages and other relief like currently available under Title VII of the Civil Rights Act of 1964 and other nondiscrimination laws. For instance, GINA's employment related provisions include rules that will:
Prohibit employers and employment agencies from discriminating based on genetic information in hiring, termination or referral decisions or in other decisions regarding compensation, terms, conditions or privileges of employment;
Prohibit employers and employment agencies from limiting, segregating or classifying employees so as to deny employment opportunities to an employee based on genetic information;
Bar labor organizations from excluding, expelling or otherwise discriminating against individuals based on genetic information;
Prohibit employers, employment agencies and labor organizations from requesting, requiring or purchasing genetic information of an employee or an employee's family member except as allowed by GINA to satisfy certification requirements of family and medical leave laws, to monitor the biological effects of toxic substances in the workplace or other conditions specifically allowed by GINA;
Prohibit employers, labor organizations and joint labor-management committees from discriminating in any decisions related to admission or employment in training or retraining programs, including apprenticeships based on genetic information;
Mandate that in the narrow situations where limited cases where genetic information is obtained by a covered entity, it maintain the information on separate forms in separate medical files, treat the information as a confidential medical record, and not disclosure the genetic information except in those situations specifically allowed by GINA;
Prohibit any person from retaliating against an individual for opposing an act or practice made unlawful by GINA; and
Regulate the collection, use, access and disclosure of genetic information by employer sponsored and certain other health plans.
These employment provisions of GINA are in addition to amendments to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, the Internal Revenue Code of 1986, and Title XVIII (Medicare) of the Social Security Act that are effective for group health plan for plan years beginning after May 20, 2009. Added together, employment related disability discrimination are large and growing, meriting stepped up risk assessment and management.
Obama Administration Also Aggressively Prosecutes Disability Discrimination In Other Business Operations
Guarding against disability discrimination in employment is not the only area that businesses need to prepare to defend against. The Obama Administration also has trumpeted its commitment to the aggressive enforcement of the public accommodation provisions of the ADA and other federal disability discrimination laws. In June, 2012, for instance, President Obama himself made a point of reaffirming his administration's "commitment to fighting discrimination, and to addressing the needs and concerns of those living with disabilities."
As part of its significant commitment to disability discrimination enforcement, the Civil Rights Division at the Justice Department has aggressively enforced the public accommodation provisions of the ADA and other federal disability discrimination laws against state agencies and private businesses that it perceives to have improperly discriminated against disabled individuals. For instance, the Justice Department entered into a landmark settlement agreement with the Commonwealth of Virginia, which will shift Virginia's developmental disabilities system from one heavily reliant on large, state-run institutions to one focused on safe, individualized, and community-based services that promote integration, independence and full participation by people with disabilities in community life. The agreement expands and strengthens every aspect of the Commonwealth's system of serving people with intellectual and developmental disabilities in integrated settings, and it does so through a number of services and supports. The Justice Department has a website dedicated to disabilities law enforcement, which includes links to settlements, briefs, findings letters, and other materials. The settlement agreements are a reminder that private businesses and state and local government agencies alike should exercise special care to prepare to defend their actions against potential disability or other Civil Rights discrimination challenges. All organizations, whether public or private need to make sure both that their organizations, their policies, and people in form and in action understand and comply with current disability and other nondiscrimination laws. When reviewing these responsibilities, many state and local governments and private businesses may need to update their understanding of current requirements. Statutory, regulatory or enforcement changes have expanded the scope and applicability of disability and various other federal nondiscrimination and other laws and risks of charges of discrimination.
To help mitigate the expanded employment liability risks created by the ADAAA amendments, businesses generally should act cautiously when dealing with applicants or employees with actual, perceived, or claimed physical or mental impairments to decrease exposures under the ADA. Management should exercise caution to carefully and proper the potential legal significance of physical or mental impairments or conditions that might be less significant in severity or scope, correctable through the use of eyeglasses, hearing aids, daily medications or other adaptive devices, or that otherwise have been assumed by management to fall outside the ADA's scope. Employers should no longer assume, for instance, that a visually impaired employee won't qualify as disabled because eyeglasses can substantially correct the employee's visual impairment.
If you have any questions or need help reviewing and updating your organization's employment and/or employee practices in response to the ADAAA, GINA or other applicable laws, or if we may be of assistance with regard to any other workforce management, employee benefits or compensation matters, please do not hesitate to contact the author of this update, Cynthia Marcotte Stamer.
Management attorney and consultant Cynthia Marcotte Stamer helps businesses, governments and associations solve problems, develop and implement strategies to manage people, processes, and regulatory exposures to achieve their business and operational objectives and manage legal, operational and other risks. Board certified in labor and employment law by the Texas Board of Legal Specialization, with more than 20 years human resource and employee benefits experience, Ms. Stamer helps businesses manage their people-related risks and the performance of their internal and external workforce though appropriate human resources, employee benefit, worker's compensation, insurance, outsourcing and risk management strategies domestically and internationally. Recognized in the International Who's Who of Professionals and bearing the Martindale Hubble AV-Rating, Ms. Stamer also is a highly regarded author and speaker, who regularly conducts management and other training on a wide range of labor and employment, employee benefit, human resources, internal controls and other related risk management matters. Her writings frequently are published by the American Bar Association (ABA), Aspen Publishers, Bureau of National Affairs, the American Health Lawyers Association, SHRM, World At Work, Government Institutes, Inc., Atlantic Information Services, Employee Benefit News, and many others. For a listing of some of these publications and programs, see here. Her insights on human resources risk management matters also have been quoted in The Wall Street Journal, various publications of The Bureau of National Affairs and Aspen Publishing, the Dallas Morning News, Spencer Publications, Health Leaders, Business Insurance, the Dallas and Houston Business Journals and a host of other publications. Chair of the ABA RPTE Employee Benefit and Other Compensation Committee, a council member of the ABA Joint Committee on Employee Benefits, and the Legislative Chair of the Dallas Human Resources Management Association Government Affairs Committee, she also serves in leadership positions in many human resources, corporate compliance, and other professional and civic organizations. For more details about Ms. Stamer's experience and other credentials, contact Ms. Stamer, information about workshops and other training, selected publications and other human resources related information, see here or contact Ms. Stamer via telephone at 469.767.8872 or via e-mail to cstamer@solutionslawyer.net
Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources at www.solutionslawpress.com including:
Employers & Plan Fiduciaries Reminded To Confirm Credentials & Bonding For Internal Staff, Plan Fidiciaries & Vendors Dealing With Benefits
EBSA Updates Guidance On Fee Disclosure Requirements For 401(k) Plan Brokerage Window Arrangements
Federal Mandate That Employer Health Plans Must Cover 100% Of Contraceptive, Other Women's Health Services With No Cost Sharing Now Effective
Use NIH & Other Free Government Resources To Help Round Out Wellness Programs
96% Employers of 50+ Employees, 36% Employers of Smaller Employers Provide Health Coverage
12 Steps Every Employer With A Health Plan Should Do Now To Manage 2012-14 Health Plan Risks & Liabilities
Congress Gives Defined Benefit Plan Sponsors Welcome Funding Relief, Raises PBGC Premiums & Makes Other Reforms
New Health Plan Partnership, Data Sharing With Federal Health Care Fraud Enforcers Promises Greater Federal Oversight of Providers & Health Plans
Essential Health Benefit Definition Built On Expensive Mandated Benefit Plan Likely To Be Expensive For Employers, States & Individuals
Leprino Foods To Pay $550K To Settle OFCCP Charge Pre-Hire Screening Test Illegally Discriminated
Update Health Plans For Expanded MHPAEA & Health Care Reform Mental Health Mandates
Record $2.3 Million+ H-2A Backpay Order Plus Civil Money Penalty Reminds Businesses Employing Foreign Workers To Manage Compliance
Stamer Speaks 11/15 About Things Plan Committees Must Do Differently In 2012 At SWBA Meeting
If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile at here or e-mailing this information here.
©2012 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press. All other rights reserved.
1 Comment	| ADA, Corporate Compliance, EEOC, Employers, GINA, Human Resources, OFCCP, Retaliation	| Tagged: ADA, Corporate Compliance, Disability Discrimination, Employee Benefits, Employers, Employment, Health Insurance, Health Plans, Human Resources	| Permalink
Businesses sponsoring employee benefit plans and officers, directors, employees and others acting as fiduciaries with respect to these employee benefit plans should take steps to confirm that all of the appropriate fiduciary bonds required by the Employee Retirement Income Security Act of 1974, as amended (ERISA) are in place, that all employee benefit plans sponsored are appropriately covered, and that all individuals serving in key positions requiring bonding are covered and appropriately qualified to serve in that capacity under ERISA and the terms of the bond. Adequate attention to these concerns not only is a required component of ERISA's fiduciary compliance, it also may provide invaluable protection if a dishonesty or other fiduciary breach results in a loss or other exposure.
ERISA generally requires that every employee benefit plan fiduciary, as well as every other person who handles funds or other property of a plan (a "plan official"), be bonded if they have some discretionary control over a plan or the assets of a related trust. While some narrow exceptions are available to this bonding requirement, these exceptions are very narrow and apply only if certain narrow criteria are met. Plan sponsors and other plan fiduciaries should take steps to ensure that all of the bonding requirements applicable to their employee benefit plans are met at least annually. Monitoring these compliance obligations is important not only for the 401(k) and other retirement plans typically associated with these requirements, but also for self-insured medical and other ERISA-covered employee benefit plans. This process of credentialing persons involved with the plan and auditing bonding generally should begin with adopting a written policy requiring bonding and verification of credentials and that that appropriate bonds are in place for all internal personnel and outside service providers.
Steps should be taken to ensure that the required fiduciary bonds are secured in sufficient amounts and scope to meet ERISA's requirements. In addition to confirming the existence and amount of the fiduciary bonds, plan sponsors and fiduciaries should confirm that each employee plan for which bonding is required is listed in the bond and that the bond covers all individuals or organizations that ERISA requires to be bonded. For this purpose, the review should verify the sufficiency and adequacy of bonding in effect for both internal personnel as well as outside service providers. In the case of internal personnel, the adequacy of the bonds should be reviewed annually to ensure that bond amounts are appropriate. Unless a service provider provides a legal opinion that adequately demonstrates that an ERISA bonding exemption applies, plan sponsors and fiduciaries also should require that third party service providers provide proof of appropriate bonding as well as to contract to be bonded in accordance with ERISA and other applicable laws, to provide proof of their bonded status or documentation of their exemption, and to provide notice of events that could impact on their bonded status. When verifying the bonding requirements, it also is a good idea to conduct a criminal background check and other prudent investigation to reconfirm the credentials and suitability of individuals and organizations serving in fiduciary positions or otherwise acting in a capacity covered by ERISA's bonding requirements. ERISA generally prohibits individuals convicted of certain crimes from serving, and prohibits plan sponsors, fiduciaries or others from knowingly hiring, retaining, employing or otherwise allowing these convicted individuals during or for the 13-year period after the later of the conviction or the end of imprisonment, to serve as:
An administrator, fiduciary, officer, trustee, custodian, counsel, agent, employee, or
representative in any capacity of any employee benefit plan,
A consultant or adviser to an employee benefit plan, including but not limited to any entity whose activities are in whole or substantial part devoted to providing goods or services to any employee benefit plan, or
In any capacity that involves decision-making authority or custody or control of the moneys, funds, assets, or property of any employee benefit plan.
Because ERISA's bonding and prudent selection of fiduciaries and service provider requirements, breach of its provisions carries all the usual exposures of a fiduciary breach.
Bonding exposures can arise in audit or as part of a broader fiduciary investigation.The likelihood of discovery in an audit or investigation by the Labor Department in the course of an audit is high, as review of bonding is a standard part of audits and investigations. The Employee Benefit Security Administration (EBSA) Enforcement Manual specifies in connection with the conduct of a fiduciary investigation or audit:
… the Investigator/Auditor will ordinarily determine whether a plan is in compliance with the bonding, reporting, and disclosure provisions of ERISA by completing an ERISA Bonding Checklist … These checklists will be filled out in fiduciary cases and retained in the RO workpaper case file unless violations are uncovered, developed, and reported in the ROI.
In the best case scenario, where the bonding noncompliance comes to light in the course of an EBSA audit where no plan loss resulted, the responsible fiduciary generally runs at least a risk that EBSA will assess the 20 percent fiduciary penalty under ERISA Section 502(l). If the bonding lapse comes to light in connection with a fiduciary breach that resulted in damages to the plan by a fiduciary or other party, the bonding insufficiency may be itself a breach of fiduciary duty resulting in injury to the plan and where this breach left the plan unprotected against an act of dishonesty or fiduciary breach by an individual who should have been bonded, may spread liability for the wrongful acts of the wrongdoer to a plan sponsor, member of management or other party serving in a fiduciary role who otherwise would not be liable but for definiciences in the bonding or other credentialing responsibilities.
Under ERISA Section 409, a fiduciary generally is personally liable for injuries to the plan arising from his own breach (such as failure to properly bond) or resulting from breaches of another co-fiduciary who he knew or should have known through prudent exercise of his responsibilities.
Of course, in the most serious cases, such as embezzlement or other criminal acts by a fiduciary of ERISA, the consequences can be quite dire. Knowing or intentional violation of ERISA's fiduciary responsibilities exposes the guilty fiduciary to fines of up to $10,000, imprisonment for not more than five years, or both. Even where the violation is not knowing or willful, however, allowing disqualified persons to serve in fiduciary roles can have serious consequences such as exposure to Department of Labor penalties and personal liability for breach of fiduciary duty for damages resulting to the plan if it is established that the retention of services was an imprudent engagement of such an individual that caused the loss. When conducting such a background check, care should be taken to comply with the applicable notice and consent requirements for conducting third party conducted background checks under the Fair Credit Reporting Act (FCRA) and otherwise applicable law. As such background investigations generally would be conducted in such a manner as to qualify as a credit check for purposes of the FCRA, conducting background checks in a manner that violates the FCRA credit check requirements itself can be a source of significant liability.
©2012 Cynthia Marcotte Stamer. All rights reserved.
1 Comment	| Affordable Care Act, Claims Administration, Corporate Compliance, Employers, ERISA, Excise Tax, Fiduciary Responsibility, Health Plans, Human Resources, Income Tax, Patient Empowerment, Patient Protection and Affordable Care Act, Payroll Tax, Preemption, Privacy, Reporting & Disclosure, Tax, Wellness	| Tagged: compliance, Employee Benefits, Employer, Finance, Health Benefits, Health Care Reform, Health Care Reform. Employer, Health Plans, Management, Plan Sponosr, Risk Managment	| Permalink
You are currently browsing the blog archives for the day Monday, August 13th, 2012.


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AMC Launches AMC Artisan Films Initiative to Spotlight Character-Driven Movies
Exhibition News • Boxoffice Staff • June 28 2019
AMC Theatres announced the launch of AMC Artisan Films, a new programming and marketing initiative that will put a spotlight on "a curated set of character- and narrative-driven movies."
AMC's new programming approach will let interested moviegoers know where to look for upcoming acclaimed films, and will provide consistent showtimes.
"Because AMC is the industry's top choice for blockbuster movies, many consumers don't realize that we play more elevated and celebrated films than anyone else in North America," said Elizabeth Frank, executive VP of worldwide programming and chief content officer. "With the launch of AMC Artisan Films, we aim to expose more moviegoers to specialized films and increase their theatrical success. And we plan to increase consumer access to these special films by seeking earlier runs in platform releases and holding longer in theatre to give audiences time to learn about them from other passionate guests."
The idea for AMC Artisan Films arose when AMC CEO Adam Aron and Frank met earlier this year in Los Angeles with several key members of the Directors Guild of America. Jon Avnet, one of many prominent directors who participated in the session, suggested that it is vital for major theatre operators to embrace small and mid-size films, whether they come from major studios or from more independent sources. Aron and Frank agreed that AMC taking actions to promote and celebrate more films and more storytellers would be a healthy enhancement to the cinematic ecosystem, and AMC Artisan Films was born.
Curated by members of AMC's own film team, AMC Artisan Films can be found online at www.amctheatres.com, highlighted by the AMC Artisan Films designation. AMC will also be promoting these films through specific AMC Artisan Films social channels: facebook.com/AMCArtisanFilms and on Twitter @AMCArtisanFilms.
The AMC Artisan Films program launches with today's release of Yesterday, the fantasy about a world without The Beatles. Upcoming AMC Artisan Films titles include Midsommar, Blinded by the Light, The Peanut Butter Falcon, Downton Abbey, The Art of Self-Defense, Luce, The Kitchen, and Where'd You Go, Bernadette.
AMC Artisan Films AMC Theatres Elizabeth Frank
Studio Movie Grill Announces Major Expansion in 2020
Rebecca Pahle • Jan 17th
Following an eventful 2019, Dallas-based Studio Movie Grill (SMG) has announced their plans to open five new locations during the first three quarters of 2020. A pioneer in the dine-in cinema space—and the largest exclusively dine-in chain in North America,...
Trafalgar Releasing Teams with Sundance Film Festival for Event Cinema Simulcast Out of Park City
Boxoffice Staff • Jan 17th
Sundance Institute today announced a first-of-its-kind collaboration with Sony Pictures Classics and Trafalgar Releasing. On January 26, the Utah premiere of The Climb, screening in the Spotlight category of the 2020 Sundance Film Festival, will be simulcast to ten cinemas...
D-Box Announces Slate for First Half 2020
PRESS RELEASE D-Box Technologies Inc. is looking forward to an exciting slate of new movies that are due for release in the first half of 2020 that have been coded using D-Box's motion technology. After finishing 2019 with a bang...
Alamo Drafthouse and Fantastic Fest Announce Year-Round Programming Series to Support Indie Genre Films
PRESS RELEASE Austin-based cinema-eatery Alamo Drafthouse is giving genre films their due via a new programming series designed to bring the best in genre to cinephile audiences nationwide. Spawning directly out of Fantastic Fest, the largest genre film festival in...

redpajama_set_name: RedPajamaCommonCrawl


We've had a number of premieres for NOISIA here at Your EDM, something that I'm personally very proud of. And we would like to keep that streak going with the premiere of Noisia's "Outer Edges" remix of their own "Dead Limit" with The Upbeats, from their 2015 EP, Dead Limit.
Noisia actually uploaded a joke VIP on April Fool's, but fans can finally be satisfied with the real thing. It's been two years and an album since "Dead Limit" was first released, so the style on the remix follows more closely with their Outer Edges style than anything else. Lots of syncopated synths and off-kilter drum beats merge to create a wholly unanticipated sonic event unlike much of anything being released today.
The full 5-track Outer Edges (Noisia Remixes), not to be confused with Outer Edges (The Remixes), is out this Friday, June 9. Pre-order here. You can also catch Noisia on tour this summer, find dates and locations here.


Uruguayan best striker Luis Suarez, last season's player of the year in the English Premier League, has moved to his all-time favorite club, Barcelona. After not being able to win any titles last season, Barcelona needs Suarez to join Messi and Neymar in reclaiming their throne. There's one problem: I think you saw or heard about Luis Suarez's bite on Italian defender Giorgio Chiellini at this summer's World Cup that earned him a four-month suspension from all football-related activities.


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Black History Month speaker fires up the community
By Tila Grant | February 12, 2019 at 7:23 PM CST - Updated February 12 at 7:23 PM
WICHITA FALLS, TX (TNN) - Black History Month is in full swing as members of the community head to various community events. Tuesday night a man that goes by Mr. Enthusiasm is speaking at the Martin Luther King Center.
On the second week of black history, month community leaders in Wichita Falls welcomed a motivational speaker, a native of the Wichita Falls Eastside Robert E Criner. This workshop is just one of a series of events this group has scheduled this Black History Month.
"People within the community came together sat down and just developed a planning committee to highlight all the event going on in the community the vision was to put that in a format in a calendar so that information could get out," said Hale.
The calendar has about 12 events including art, music and family events It is also the time residents have had a complete list of event detailed on a calendar. JW Harris, who runs the East Branch YMCA says he hopes this list of event sparks changes within the community.
"We are hoping that through his motivational speaking and talk he will motivate us to start our own business and join the NAACP," said Hale.
The committee feels this is just a start and they have big plans. Much more than just a calendar, or single event or a month.
"It is not just black history month its American history. "The importance is to not forget our heritage our struggles we do not forget our ancestry the value and importance on the role they have played in building this country," said Hale.
Hale says recognizing black history is important to have a successful future.
Copyright 2019 Texoma News Network. All rights reserved.
Tila Grant
Multi Media Journalist
Man indicted in death of Texas baby left in hot day care bus
Maurice Mitchell was arrested Tuesday after being indicted last week on a charge of injury to a child by recklessly causing serious bodily injury or death.
"Animeals Program" starts Thursday for Meals on Wheels clients
Petrolia CISD announces pay increase for staff
Mason Brighton
Published July 22, 2019 at 10:18 PM


Midwest Mechanical Services, Inc. services all makes and models for heating and air conditioning equipment. With a fast response time, we can diagnose your problem and make recommendations for repairs, replacements, or upgrades. You can count on us to provide you with a system and solution that fits your family's needs.


The "January Gathering" of the European EREBB Lead Schools was held on Thursday 21st and Friday 22nd January 2016 in the Emmaus Retreat Centre, Co Dublin. This gathering was a follow-up to the conference in South Africa. There was a very good attendance from Ireland (North and South) and England.
The vision of EREBB was greatly advanced in many practical ways. There were invaluable contributions and insights to the development of EREBB, in terms of training, advocacy and justice within the European and global context.
An "April Gathering" is now organised to build on the networking that has greatly developed in Ireland, England, Geneva and Beyond. Other schools will join up as Lead Schools. The areas for discussion will include: the Pillars of EREBB; Advocacy; Homelessness; the Kolkata Conference in October.


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The Petworth is a spacious and comfortable three-bedroom family home, built in a modern style and set over two floors with an interesting architectural twist that adds additional space to the living accommodation, including an impressive hallway. The ground floor offers a superb open-plan kitchen and dining room, a study, storage and a substantial living room with French doors that lead out onto the garden. The first floor has three large bedrooms and a family bathroom, with the master bedroom featuring an en-suite shower room.


"Sky Galaxy" put us back on a winning footing, Mr Fallon sure knows how to ride a winner and with 80 this year already, he certainly is worth a £1.00 on every horse he rides.
Did you play "Stop at a Winner" yesterday?
We won on the 4th pick, which I thought was pretty good considering that it was difficult to find any good races.
A bit of a heart thumping day but as usual good fun.
If you haven't joined "Stop at a Winner" I would really like to hear your comments on why?
Do you not have time to place the bets?
Anything will help, just so I can get an idea of the dislikes we are facing.
I thought we would go back and have another few days with "Turners Winning Way's".
I have spent quite a few days with David trying to make it easier to follow and I think the finished report will be very good.
This new formula has not had a losing day since I have been testing it and you can clarify this, because you have seen the results for yourself!
Tiped by 12 tipsters, and ridden by Mr Mcoy I hope he has a good ride.


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NICE GUYS, THE
(director/writer: Shane Black; screenwriter: Anthony Bagarozzi; cinematographer: Philippe Rousselot; editor: Joel Negron; music: John Ottman/David Buckley; cast: Russell Crowe (Jackson Healy), Angourie Rice (Holly March), Ryan Gosling (Holland March), Matt Bomer (John Boy), Margaret Qualley (Amelia Kuttner), Yaya DaCosta (Tally), Keith David (Older Guy), Bean Knapp (Blueface), Lois Smith (Mrs. Glenn), Murielle Telio (Misty Mountains), Gil Gerard (Bergen Paulsen), Daisy Tahan (Jessica), Kim Basinger (Judith Kuttner), Ty Simpkins (Bobby); Runtime: 116; MPAA Rating: R; producer: Joel Silver; Warner Bros.; 2016)
"Even though a disposable film, it is entertaining as pulp fiction."
Shane Black ("Iron Man 3″/"Kiss Kiss Bang Bang") helms an irresistible but muddled buddy comedy crime caper set in 1977, in the seedy underbelly of Los Angeles. Even though a disposable film, it is entertaining as pulp fiction. The rambling screenplay is by the director and Anthony Bagarozzi. Holland March (Ryan Gosling) is an alcoholic P.I. hired to locate murdered porn-star Misty Mountains' lookalike Amelia Kutner (Margaret Qualley), a young girl who has the hired gun Jackson Healy (Russell Crowe) keep people away from her. Also in the picture is a psycho killer named John Boy (Matt Bomer). The killer wants a piece of Amelia. When the two misfits meet, they team up when they realize two heads are better than one in this confusing situation. Also, there are unknowns attacking them. The boys are helped by Holland's clever 13-year-old daughter Holly (Angourie Rice). In this caper flick, nobody is as they seem and the plot is incoherent. The leads are drawn into a web of mystery that includes entry into the porn world, the motor industry and the Department of Justice. Kim Basinger plays Amelia's mother, the chief of the California Department of Justice, and fits right into this wild film.
REVIEWED ON 7/15/2016 GRADE: B-


If, however, the underlying motivation is to become more "well-read" or increasing your comprehension exposure/criticsl thinking, then I would say re-reads don't count. On the other hand, reading a book a second time may point out concepts or themes you missed the dirst time around. Perhaps second time re-reads should still count for this… Just a few ideas to consider!!
Hey C. Thanks for reading! You make some good points!
I would like to be more well read. But mainly I'm challenging myself to read more. I think re-reads will count. Because I'm reading these books outloud to the baby, they are taking much longer for me to read than they would otherwise.
Maybe I will find I blow through my 20, then it's all the more that I will accomplish this year!
I so love reading. I have not read the Outlander series yet.
Amber, I love reading too! I'd rather read than watch a movie, but I feel like there are just not enough hours in the day!
I definitely recommend trying out the Outlander series.


It's a funny thing, fear.
Nearly one in five full-time employees in this country has a dream–and that dream is to no longer be a full-time employee.
But there's something holding back the vast majority of them.
A new survey by cloud-based accounting software firm Freshbooks concludes that 24 million U.S. workers truly want to become their own bosses–but only about two million of them actually managed to quit their jobs last year to launch their own companies.
Now, if you're a business owner or a leader yourself, you probably already understand part of the reason why. It's about fear.
It's scary to be an entrepreneur, whether the ambition is start the next $1 billion company or simply to be a solopreneur.
Freshbooks based its conclusions on interviews with 3,700 U.S. full-time employees. The numbers in parentheses above are the percentages of those who said each particular fear holds them back.
It's a funny thing, fear. We tell people to confront their fears and get past them. But frankly, most of those five fears seem pretty darn legitimate to me.
If you don't have a fully formed plan, or if you can't really afford to risk going without a paycheck (or making less money) for a bit, then going out on your own likely isn't really for you.
second, to the roughly 28 million business owners who might now be wondering which ones among their employees might be itching to leave.
To the employees, if you're serious about wanting to do this, then the answer is to break down your fears and address them practically.
Lo and behold, you're in the right place to do that. For example, check out this resource on how much capital you actually need to start many businesses.
And to the employers, maybe we're the ones who should be a bit fearful. We're the ones whose employees apparently have their eyes on the door. In fact, employees in smaller businesses are about 40 percent more eager to strike out on their own than those in companies with more than 50 employees, according to Freshbooks.
So, the takeaways are what they always are: Treat people well, and never stop recruiting.
Oh, and maybe take it as a compliment. If your employees want to start their own ventures, and as long as you're not some kind of toxic jerk as a boss, chances are it's your example that inspires them to try.


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Adi Rocha, de son nom complet Adi Rocha Sobrinho Filho, est un footballeur brésilien né le  à Riachão das Neves. Il évolue au poste d'attaquant.

Biographie

Adi Rocha joue dans de nombreux pays : au Brésil, en Autriche, en Allemagne, en Roumanie, au Japon, en Lituanie, et en Chine.

Il joue deux matchs en Ligue des champions, et 10 matchs en Ligue Europa (3 buts).

Il inscrit 12 buts dans le championnat d'Autriche, 17 dans le championnat de Roumanie, neuf en deuxième division japonaise, et enfin trois dans le championnat de Lituanie.

Palmarès
 Champion de Roumanie en 2013 avec le Steaua Bucarest
 Champion du Japon de D2 en 2013 avec le Gamba Osaka
 Champion de Lituanie en 2014 avec le Zalgiris Vilnius

Notes et références

Liens externes

Footballeur brésilien
Joueur du LASK Linz
Joueur de l'Austria Kärnten
Joueur du FC Energie Cottbus
Joueur du Steaua Bucarest
Joueur du Gamba Osaka
Joueur du Žalgiris Vilnius
Naissance en décembre 1985
Naissance au Maranhão

redpajama_set_name: RedPajamaWikipedia


text:
Yellow zones
Iran logs 289 COVID deaths in 24 hrs
Tehran (IP) – Iran's Health Ministry announced on Monday that 289 death cases due to COVID-19 had been registered during the past 24 hours, bringing the total death toll to 119,649.
Tehran (IP) – Iran's Health Ministry announced on Thursday that 453 death cases due to COVID-19 had been registered during the past 24 hours, bringing the total death toll to 116,072.
Iran COVID death toll: 292 patients succumb to death in 24 hours
Tehran (IP): Iran's Health Ministry announced on Thursday that COVID-19 had taken the lives of 292 patients during the past 24 hours, bringing the total death toll to 90,074.
Over 942K successfully defeat COVID-19 in Iran
Tehran (IP) - The spokeswoman for Iran's Ministry of Health announced on Saturday that 1,194,963 people in the country have been infected with the Coronavirus, and 942,548, of the total infected people recovered, with 108 cities in the orange zone, and 340 counties in the yellow zone.


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Puckett's Launches Co-branded Family to go packs in partnership with Nashville Predators, Vanderbilt Athletics
A. Marshall Hospitality's Puckett's restaurants are partnering with the Nashville Predators and Vanderbilt Athletics to provide watch party meals during sporting events.
A. Marshall Hospitality's Puckett's restaurants are partnering with the Nashville Predators and Vanderbilt Athletics to provide watch party meals during sporting events. With limited to no seating in arenas and stadiums, Puckett's will offer co-branded versions of their To Go Packs to add some team pride, fun and ease to home watch parties this season.
"As countless businesses navigate the impacts of the ongoing global health crisis, the Nashville Predators have proudly collaborated with restaurant partners like Puckett's to support our community in new ways," Predators Chief Revenue Officer Chris Junghans said. "While we wish our arenas, stadiums and ballparks were filled with fans, we look forward to continuing this partnership and allowing Preds supporters throughout Nashville to safely show their Preds Pride while enjoying their Puckett's To Go Packs."
In March, the Southern-staple brand pivoted to create customizable To Go Packs that would give families value-driven yet quality meal options while socially distancing in their homes. Each family meal feeds four to six people and includes two pounds of meat, two quart-sized sides and a choice of Puckett's famous Cajun corn cakes or rolls. New bundle options now include chicken tenders and ribs, along with a variety of cherry-wood smoked meats. Customers can also upgrade with add-ons such as sweet tea and the cobbler of the day.
Beginning September 26, Vanderbilt will be giving away one "homegating" To Go Pack per game. Fans can enter the giveaway by following the link here. In addition to the giveaway, fans are invited to share their most creative To Go Pack photos on social media and tag #PuckettsHomegating for a chance to win a special bundle of prizes from Vanderbilt and Puckett's each game day.
"Our new Puckett's To Go Packs have been an integral part of business during this time," said A. Marshall Hospitality founder and CEO Andy Marshall. "It has been a blessing to be able to provide quality at-home meals for our customers and fellow sports fans. As times have changed, we are changing with them."
Puckett's is a proud Tennessee Pledge partner and is committed to providing a quality dining experience while prioritizing the health and safety of all guests and employees. Current hours of operation are Sunday through Thursday from 7 a.m. to 9 p.m. and Friday through Saturday from 7 a.m. to 10 p.m. Curbside pickup or delivery orders can be placed online or by calling any Puckett's directly, and reservations can be booked by phone or through OpenTable.
About Puckett's Gro. & Restaurant
The Puckett's roots go way back to the 1950s and a little grocery store in the village of Leiper's Fork, Tenn. Today, the locally owned-and-operated brand has six locations in Franklin, Nashville, Columbia, Chattanooga, Murfreesboro and Pigeon Forge, Tenn.
When it comes down to it, Puckett's is a community kitchen, with live pickin' performances just a few feet from your table. Southern hospitality and authentic comfort food—barbecue smoked slow 'n' low over cherry wood, the home-cooked sides, even a few upscale dishes—is what Puckett's aims for you to remember.
To learn more about Puckett's and the other A. Marshall Hospitality brands, visit puckettsgro.com.
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The Mittleman Jewish Community Center is a proud beneficiary of the Jewish Federation of Higher Portland and is proud of our partnership with them in strengthening our local Jewish neighborhood and higher Portland community. Town's robust economical development has led to this hike in the actual property market costs. Naturally, I plan on following up on these issues with Superintendent Scott and the rest of the board this fall. This was true even to the extent that Chinese miners who died in Southern Oregon were solely interred right here quickly and had their remains dug up and transported again to their homeland.
In a latest edition, California Educator – a journal printed by the California Lecturers Affiliation (CTA), it showcased several Conservative Republican members. Board members' interplay with the President or with staff must acknowledge the dearth of authority in any individual Board member or group of Board members except as famous above. Her curiosity in economics and finance impressed her to found the Central Oregon Financial Forecast in 2008, which points a yearly financial forecast for the area in coordination with the Center for Economic Forecasting at California Lutheran University.
I also gave positive feedback to the Oregon State actual estate board for Kyle's professionalism. During my transient time as a realtor, I learned that the sphere of actual property was very interesting, difficult, and frustrating. Art of the American West has turn out to be an increasingly fashionable genre over the past century. Board members should represent unconflicted loyalty to the pursuits of the stakeholders and constituents.
What Do Stock Simulations Educate Kids About The Stock Market?


School years contribute greatly to the character of adults, our memories and friendships last a lifetime. Recognising the importance of place, work began on a Framework Masterplan at Dollar Academy in 2008 with Page\Park Architects. Setting principles for development aligns with the school's commitment to provide a positive and supportive environment for its pupils. The landscape forms a key part of the 200 year old school campus.
The design approach has always been to question how each project can add value to the visual appearance of the campus as well as to the education programme of the school.
New developments of play areas, synthetic pitch, refurbished main gates, car parking and new teaching building have coalesced seamlessly into the historic environment.
An appealing campus where children can feel at home is important for independent schools in a competitive market, where first impressions count.


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Q: django shell showing wrong python version ? 2.7.6 instead of 2.7.10 When I enter django shell it shows:
Python 2.7.6 (default, Jun 22 2015, 17:58:13)

But in command line:
root@test:/home/django/django_project# python2.7 -V
Python 2.7.10

I am running it behind nginx/unicorn. Any other way to update it then using virtualenv ?

A: It sounds like you need to create a new virtual env. When you create a virtual environment, you can use the -p flag to specify which Python to use. Try
virtualenv -p /path/to/python2.7 myvirtualenv

where path/to/python2.7 is the path to the version of Python you wish to use.

redpajama_set_name: RedPajamaStackExchange


The number of forward-thinking consumers continues to increase. Your company can gain major competitive advantage by communicating its Finnish origin and social values. Our marks help consumers to identify your business values.
The Association for Finnish Work awards and governs marks that give recognition to Finnish manufacture, design and contribution to social good. Read more about the marks and their benefits for business.
The Key Flag Symbol mark is awarded to products manufactured in Finland and services produced in Finland.
The Design from Finland Mark is awarded to products and services designed in Finland.
The Finnish Social Enterprise Mark is awarded to businesses whose profits for the most part are used for social good.
Member companies of the Association for Finnish Work can apply for the right to use our marks and take advantage of a wide range of membership benefits.
Businesses can use our registered collective marks to gain competitive advantage in a number of ways. The marks guide consumers' purchase decisions and communicate responsible choices. We regularly offer our members research findings to support their marketing and communications, and channels for introducing their products and services.
Our comprehensive set of business collaboration solutions allows us to reach consumers in a cost-effective way. In addition to consumer encounters, we actively promote our member companies in the media, and offer opportunities for B-to-B networking and communicating with the decision makers.
We offer our members a wide range of collaboration solutions, such as campaigns and events. Our business collaboration formats are designed in such a way that both large and small member companies will get the maximum benefit out of them.
Our shared marketing campaigns are designed to reach different target groups. By joining our cost-effective campaigns, you will achieve a strong social angle in your marketing communications. In addition to campaigning, we carry out regular event marketing with our member companies.


Solo parents by choice, single parents raising kids with or without a co-parent: come dine and play with your kids (little or big) with the museum all to yourselves. Then engage in a facilitated, parent-driven discussion while Museum and Our Family Coalition staff watch your kids.
Free dinner and child care upon request. If registering within 48 hours of the event, please call 415-981-1960 to ensure receipt of your request.
Friendly OFC staffer: Shareena. Contact shareena@ourfamily.org with any questions or comments.


"I think the President's team has been rather brilliant in putting this one together," said former DNC Chair Howard Dean, speaking about the American Jobs Act with Lawrence O'Donnell last night, sounding confident and convinced that the bill puts sufficient pressure on Republicans to get passed. "It would be hard to devise a better bill than this to put these guys on the griddle," he said. "They're in big trouble" . . .
"All they have done is obstruct for four years," he said, chiding who he calls "the do-nothing Republicans" planning to stop the bill. "People love a fighter, and they do not like what the Republicans stand for and who they stand for," he says, hoping that this might be Obama's Harry Truman moment.
In other news: Did African Politicians Finance French Elections?


Octopath Traveler is filled with all sorts of interesting stories in the main quest. You'll be traveling with eight heroes, each with their own personal stories to tell. While you'll be spending most of your time trying to recruit new allies and clear main missions, Octopath Traveler also has a lot more to offer through its many side quests.
Throughout your adventure in Octopath Traveler, you will often come across NPCs who need some help with different tasks. They're quite easy to spot since they're identified by the orange markers on your map, and you need to speak with them to activate the side quests. These missions in Octopath Traveler will vary depending on what they want, including fetching items, defeating enemies, and escorting people, among other activities. Once you've enlisted for a side quest, it's in your hands on how you plan on solving it. Octopath Traveler does not point you towards the answer, so you'll have to search for the solution during your adventures. Luckily, you can always check on any ongoing side quests in your journal in case you forget what you needed to do.
Some of the solutions involve path actions, such as alluring your target, provoking someone, or scrutinizing an NPC for information. Having very little to work with, side quests might seem like challenging tasks to complete; and while some of them are, their rewards are definitely worth your time. It's also worth noting that some side quests cannot be resolved until you find the relevant NPC or information in another town, so don't worry too much about solving everything at once. Depending on what side quests you complete in Octopath Traveler, you may be given some sturdy armor, powerful weapons, or even some money for your journey.
You won't need to finish every side quest in the game, although it wouldn't hurt spending some time on finishing a few. If you're looking for more tips and tricks on the game, make sure to check out our expanding wiki.


text:
using System;
using System.Collections.Generic;
using UnityEngine;
using UnityEngine.Audio;

namespace DerelictComputer
{
    /// <summary>
    /// Cycles through specified sounds each time the assigned pattern steps
    /// </summary>
    public class Sampler : PatternFollower
    {
        /// <summary>
        /// The collection of samples
        /// </summary>
        public List<Sample> Samples = new List<Sample>();

        /// <summary>
        /// Optionally override the AudioMixerGroup assigned in the prefab
        /// </summary>
        [SerializeField] private AudioMixerGroup _mixerGroup;

        /// <summary>
        /// The AudioSource prefab that should be used as a template for voice instances
        /// </summary>
        [SerializeField] private AudioSource _audioSourcePrefab;

        /// <summary>
        /// How many samples should play at once?
        /// If the number of requested samples exceeds this, voice stealing happens (first in, first out)
        /// </summary>
        [SerializeField] private uint _voices = 2;

        private readonly List<AudioSource> _audioSources = new List<AudioSource>();

        private int _currentSampleIndex;

        private int _currentAudioSourceIndex;

        public override void Reset()
        {
            base.Reset();

            _currentSampleIndex = 0;

            _currentAudioSourceIndex = 0;
        }

        private void Awake()
        {
            for (var i = 0; i < _voices; i++)
            {
                var audioSource = Instantiate(_audioSourcePrefab);
                audioSource.transform.parent = transform;
                audioSource.transform.localPosition = Vector3.zero;

                if (_mixerGroup != null)
                {
                    audioSource.outputAudioMixerGroup = _mixerGroup;
                }

                _audioSources.Add(audioSource);
            }
        }

        protected override void OnStepTriggered(int stepIndex, double pulseTime)
        {
            if (Samples.Count == 0)
            {
                return;
            }

            var currentSample = Samples[_currentSampleIndex];
            _currentSampleIndex = (_currentSampleIndex + 1)%Samples.Count;

            // if suspended, keep counting sample indices in order to keep in phase
            if (Suspended)
            {
                return;
            }

            var currentAudioSource = _audioSources[_currentAudioSourceIndex];
            _currentAudioSourceIndex = (_currentAudioSourceIndex + 1)%_audioSources.Count;

            var envelopeFilter = currentAudioSource.GetComponent<VolumeEnvelopeFilter>();

            if (envelopeFilter != null)
            {
                envelopeFilter.Enabled = currentSample.Envelope.Enabled;

                if (currentSample.Envelope.Enabled)
                {
                    envelopeFilter.AttackTime = currentSample.Envelope.AttackTime;
                    envelopeFilter.SustainTime = currentSample.Envelope.SustainTime;
                    envelopeFilter.ReleaseTime = currentSample.Envelope.ReleaseTime;
                    envelopeFilter.Trigger(pulseTime);
                }
            }

            currentAudioSource.clip = currentSample.Clip;
            currentAudioSource.pitch = currentSample.Pitch;
            currentAudioSource.timeSamples = currentSample.Offset;
            currentAudioSource.PlayScheduled(pulseTime);
        }
    }
}

redpajama_set_name: RedPajamaGithub


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News Updated 2021 Hyundai Santa Fe Priced From $31,399 In Canada
Updated 2021 Hyundai Santa Fe Priced From $31,399 In Canada
2021 Hyundai Santa Fe | Photo: Hyundai
The updated for 2021 Hyundai Santa Fe adds more tech, hybrid powertrains and plenty of value
This is the first time in the Santa Fe's history that a hybrid model is offered.
The hybrid is priced from $41,399.
A plug-in hybrid arrives in the second half of 2021.
The 2021 Hyundai Santa Fe carries with it a legacy of comfortable and spacious family mobility. For this model year, Hyundai ups the ante with a collection of new powertrains and a number of visual upgrades inspired by the very popular 3-row Palisade SUV.
The base Essential FWD is powered by a new 2.5-litre 4-cylinder engine and is priced from $31,399 and is well-equipped with wireless Apple CarPlay and much more. AWD adds $2,000 to the price tag and becomes a standard feature on all other trims. The $36,499 Preferred includes a power driver seat, dual-zone climate control, keyless entry and start, and more. The Preferred Trend, with sunroof, leather seats, and more adds a further $2,000 to the model.
From the Preferred Trend, the hybrid powertrain becomes available. Priced from $41,399, it features a 1.6-litre, turbocharged 4-cylinder engine paired to a 44.2 kW electric-drive motor with a combined power output of 226 horsepower and 258 lb.-ft. of torque. For $43,799, the Luxury hybrid brings even more premium features. All of the above-mentioned models include an 8-speed automatic transmission.
For 2021, the Hyundai Santa Fe gains a range-topping $47,499 Calligraphy trim. This version includes Nappa leather, full-colour head-up display, a suede headliner, and more. It is powered by a turbocharged 2.5-litre engine that produces 277 horsepower and 311 lb.-ft. of torque. This engine is mated to an 8-speed, wet dual-clutch transmission.
The hybrid versions arrive this month while the PHEV iterations lands sometime this summer.
Next-Generation C9 Chevrolet Corvette Coming in 2029
News Matt St-Pierre - January 24, 2023
The paint's barely dried on the C8 and we're already on the C9. Although still relatively rare, the C8 launched for the 2020...
Kia is still working on a mid-size pickup truck
For now, little is known about this new product. The turbodiesel drivetrain of the Mojave SUV makes it difficult for a North American...
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In most of life's venues, dressing up in solid-color Adidas jump suits, donning a pair of cheesy sunglasses and rocking out to 80s music is completely unacceptable behavior. Unless, of course, you're actually in the 80s.
You're in the 10s… or something like that.
Starfarm at their most serious.
If you're in central Michigan, however, there is one caveat to the rule. You could just be enjoying one of the region's most popular tickets, Starfarm. Decked out in fabulously hideous clothing from a period in style most would rather be forgotten, the musical group performs the hits that won't ever be. I myself have been known to hit the dance floor while screaming the chorus of many a Journey song expertly rendered by the local group.
For more than a decade, the core group of instrumentalists has built quite the following in mid-Michigan. Dana Mirate (drums), Sean Mirate (keyboards), Ryan Tarrant (bass) and "Slammin' Danny" (guitar) have been together since 2001. And though the role of lead singer has had its instabilities, the group has hit solid ground through the vibrant vocals of Whitney Spotts for the past three years.
Having been members of the Lansing community for so long – all currently live in the greater Lansing area and most have been residents for more than 10 years – Starfarm has seen many changes in the city throughout the years.
If you ask Dana Mirate about the changes in the music scene specifically, he'll quickly launch into a comparison of the past decade to the early 90s when he first arrived in East Lansing. As a music major at MSU, Dana was involved in the music scene from the word go.
Dana from Starfarm, who was gracious enough to sit and chat before a show at The Green Door.
Ryan Tarrant, though, is quick to point out that most all of Starfarm's members still work on original music on the side, writing and recording songs. They just lament the loss of many quality establishments willing to push original bands.
But if you are looking for some original acts, they suggest checking out Mac's Bar on East Michigan Avenue. They also identify The Green Door, Rick's American Café, Lou & Harry's Sports Bar, Dublin Square, Harper's and The Exchange as decent places to catch live music in the area. Both agree that none of those, however, have a good house sound system or a good sound technician that really knows the space and how to make a band sounds good.
For them, it's something that Lansing is still in need of, even though they see a lot of positive changes happening downtown.
Ryan of Starfarm fame, who was also nice enough to sit and chat before a show. And also nice enough to get me a beer.
"I like it," adds Dana.
Take, for example, the outdoor Octoberfest music festival that downtown bars banded together to put on last Fall. Starfarm was ready to rock out Washington Street in a giant block party, if only Mother Nature had cooperated. The skies would not stop pouring rain and the temperatures dropped, making it unlikely to pull off the show.
One event that they did manage to pull off this year, however, was a rocking 80s party fundraiser for REACH Art Studio Center, put on by the Capital Area Women's Lifestyle Magazine. You may remember hearing about it from our own Anika Fassia, who attended with some friends who came to town from Chicago to see what Lansing was all about.
After talking to the pair for some time, it becomes obvious that, yes, Lansing has a long way to go. It's tough to make a living as a musician in the area, getting paid little to nothing for years of tuition, practice and investments into equipment. Working a day job while being gone every single weekend performing is difficult, especially for those in the band with kids.
But there is still plenty to celebrate and use as a springboard into the future.
"There's some great stuff that you can see for free even sometimes like at the Wharton Center," agrees Ryan.
"Rodney Whitaker teaches jazz at MSU and is one of the most sought after bass players for jazz," says Dana, chiming in. "And he brings in these cats. He brings in Wynton Marsalis and Branford Marsalis. And that's here. You won't see that in Iowa. You'll see it in Chicago, but you'll pay a lot of money.
Last weekend the two of us (Khalid and Shannon) jam packed our schedules with Capital City Film Fest fun, and for anyone who says there is nothing to do in Lansing, well, I call your bluff! We took advantage of the $50 festival pass deal and were able to come in and out of various films, parties, and shows for the festival's four day entirety. There was so much to do this year that we had to carve out unique paths through the weekend festivities to make the most of all CCFF.
This is how we spent our weekend….
Downtown Lansing Inc. (DLI) asked me to take photos at the annual Taste of Downtown event this past weekend. As I scan through these images I am realizing that this was a well organized and really fun event. This summer was the second time around for the Taste of Downtown, with last summer being the inaugural event. There was something for adults and children alike. There were more than 1,000 people in attendance, and it was great to see so many people packed downtown!
"In The Orchard Of Osiris" (I.T.O.o.O.) is a 15-song compilation of some of the best independent music I've encountered over the last few years, while I was working in the mid-Michigan arts community. In an age of streaming media and compromised sound quality, I set out to create a physical artifact — an actual album that flows from song to song, and can be held in your hands – as opposed to the intangible realm of file-swapping, Google-harvested cover art and the diminishing engagement that people derive from 99-cent downloads and shuffled playlists.
Through booking concerts at various venues around town like SCENE Metrospace, Basement 414, Gone Wired and Magdalena's Teahouse (R.I.P.), I got to know a diverse group of committed indie musicians, and it surprised me that quite a few of them weren't aware of eachother. Playing musical matchmaker by designing bills with local and national acts that either shared aesthetic sensibilities or provided interesting contrasts was one of my most rewarding experiences. I was moved to bring it all together somehow, and thus the idea for this compilation germinated.
You can watch a short film about I.T.O.o.O., pre-order a copy, or support the project in other ways at the I.T.O.o.O Kickstarter Page.


The Albertus Magnus women's volleyball team concluded its 2014 season with a pair of Great Northeast Athletic Conference (GNAC) losses on Saturday at Johnson & Wales (R.I.) University. The Falcons dropped a 3-0 match to Lasell before falling to JWU 3-0.
After falling in their first match of the day, the Falcons fell to host JWU 3-0 by scores of 25-7, 25-9, 25-17.
Against the Wildcats the Falcons were led by Caitlin Prete (Milford, Conn.) with seven kills and seven digs.
Alyssa Puccilli (Milford, Conn.) led all Falcons with eight digs, while Leanna Velez (Waterbury, Conn.) tallied nine assists in the loss.
The Falcons finish the season 4-21 on the year and 0-11 in league play, while Lasell improved to 7-21 and JWU moved to 15-15.


How did the great white shark transform from the terror of the seas to admired creatures, and tourist attractions in many towns and cities? It happened mostly via education. Shark habits have not changed much in the last 400 million years. On the other hand, people have spent much more time paddling about in the ocean over the past century. The inevitable rare conflict of two unknowns meeting caused a panic in humans that was detrimental to white shark populations; but today, visitors to the coasts are more likely to be awed by this fierce fish than to be out for its blood.


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Utilized in the paint, coating, and ink industries for over 60 years. Thousands of units are actively in use today for problem batch filtration solutions. These models use a standard 22″ screen diameter with mechanical vibrations up to 2800 RPM. Highlighted are a few selected samples.


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Teen with phobia of hairdressers gets first haircut for 10 years - and the transformation is amazing
Owain Thomas, from Wales, banished his fears and went along to the barbers, who tackled his long, matted hair
Anna Lewis
Owain Thomas, 14, has always had a fear of people touching his hair (Image: OwainThomas/Jim the Trim)
A teenager with a phobia of hairdressers went ten years without cutting his hair.
And now the 14-year-old has bravely faced his phobia to have his first time - in a DECADE.
Owain Thomas, from Wales, banished his fears and went along to the barbers, who tackled his long, matted hair.
The teenager, from Bridgend, in Wales, had hidden his hair away for years.
Owain had worn a hat to cover his locks after developing a fear of others touching his hair.
But his family and the teenager himself have agreed to share his dramatic before and after photos to help others in the same situation, reports WalesOnline.
(Image: Anthony Thomas)
Owain's dad Anthony Thomas said: "He has never liked anyone touching his hair since I can remember but it got to the point where he got bullied so he put the cap on.
"My mother and father tried to bribe him with £100 it got so bad but he wasn't interested. I used to take him to the barber shop when I got a haircut and I wouldn't even get him in there - he would stand outside.
"When he gets something inside his head, trying to shift it is really difficult."
Dog put down after vicious attack leaves woman needing surgery
Despite Owain's dream of having a surfer style length of hair, Anthony decided to give his son one last push after seeing an advert for Briton Ferry barbers Jim the Trim.
First taking the teenager to meet Jim in person, the 47-year-old lorry driver then booked time off work to return days later for Owain to get a trim.
(Image: @jimthetrimhair)
Anthony said: "Usually [Owain's hair] takes hours and hours of constant combing and it hurts him.
"I saw an advert saying Jim deals with children with autism and thought I would give him a ring.
"They just talked to him as if he was one of the boys and treated him like normal. It was like they were mates which is what he needed."
After promising to shave his own hair along with Owain if it came to it, Anthony compared the painstaking process of rescuing Owain's hair to "peeling the foil from an Easter Egg".
This is when the Greggs Festive Bake is back for Christmas 2019
He said: "[Jim] carefully looked through it and started trimming it with scissors before he got the razor out to show Owain.
"He slowly peeled it back and it was unbelievable, it was coming off like an Easter egg.
"It took some courage. I don't know why suddenly he decided to go for it but we've talked about him going back in August.
"He'd hardly worn his hat around the house."
Jim Williams, owner of Jim the Trim added: "I have seen things like this online with people with matted hair but that was the first time I had experienced it.
"I said I wanted to see what I could save underneath it all. We obviously thought the worst case scenario was to get it right down but I could thought I could tease out a certain level of hair that was there.
"I had to peel it back to find that gap and I knew straight away if I went slowly and peeled it back I could save it."
Moment dad fights back tears as missing son Lewis Edwards, 10, found after 18 hours
For Jim, Owain isn't the first customer who has pushed him to think outside the box.
After building up a relationship with four-year-old Mason Lewis over three months to overcome his fears, a picture of the barber cutting the boy's hair on the floor quickly went viral - encouraging Jim to start his own weekly sessions for customers with autism.
Jim added: "The story gave me the opportunity to do this a lot more - I find it so rewarding seeing how responsive people can be.
"It gives people the chance to believe it's not the end. Parents are often afraid because they feel they will be judged but that's not the case."
Now sporting a fresh trim, Owain's dreams of having surfer style hair aren't over yet. After building his hair strength back up, he plans to work with the barbers to get to the point where he can have long hair once again - but without the hat.
Anthony said: "People don't recognise how difficult it can be and kids can be so nasty. Hopefully his pictures can benefit other people going through the same with their children."


Inneractive is a global programmatic ad stack for mobile publishers focusing on video, hyper-local and in-app search advertising. Inneractive is the mobile industry's leading Supply Side Platform (SSP) enabling premium publishers to benefit from global and high-quality monetization verticals across all mobile platforms.
Inneractive is a transparent SSP and yield optimization platform adopted by new media publishers and used by top DSPs, and premium networks. In addition, Inneractive operates Inneractive360, its own in-house ad-network aimed to provide organic campaigns to brand publishers in key GEOs.
Founded in 2007, Inneractive headquarters are in Petah Tiqwa and the company operates in Silicon Valley, New York, and London with offices soon to open in Singapore and Mumbai. The company has 70 employees and rapidly growing.


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How to Play Baccarat Online
Baccarat Online Mod Apk - How to Play Baccarat Online
Whether you're a player, a casino owner, or just an 카지노사이트 avid poker player, you're probably looking for a way to play baccarat online on your PC, smartphone, or tablet. Luckily, there's a solution for you. Read on to learn how to install the baccarat online mod apk on your device, and start playing your favorite casino games.
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It's no secret that Baccarat is a high-stakes game, and the odds of winning are very low. However, you can hone your skills by relying on the latest software and tactics. In order to improve your chances of winning, you'll need to know what to do and when. An app like Baccarat 123faz can help you hone your game-day skills. The game's free version lets you play a couple of hand-picked tables in a live casino, and the app can also be used on your phone.
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An Introduction to Baccarat
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Wondering though a forest headed toward Takakkaw Falls in Yoho National Park, Canada, we stumbled upon one of my favorite little flowers. The two little guys are called Woodnymphs. They are very little flowers and you really have to look for them, so it was nice to see a couple sharing the shade.