Posts tagged ‘City Attorney’

My Votes in 2008

Should I Vote?  Yes, probably.  Many libertarians refuse to vote.  They refuse to be party to a choice between Coke-brand statism and Pepsi-brand statism.  I sympathize, and respect their decision.  You won't hear rants form me about the beauty of the right to vote.  But I see two reasons for libertarians to vote.  One is to find ways to register our existence, to try to communicate that just because we don't riot at WTO meetings doesn't mean that a great well of dissatisfaction does not exist among us.  The second reason is ballot initiatives.  While candidate A and B may be equally bad on the freedom scale, there is often a right answer for protecting freedom in the ballot initiatives, and they need your vote.

President:  Libertarian Party Guy.  Yeah, I know his name is Bob Barr.  I don't even care.  I am casting the vote for the idea, not the guy, in hopes that the Republicans, as they rebuild themselves over the next 2 years, might notice there are some libertarians out there looking for a home.  It would be nice to be as excited about a politician as some folks are about Obama, but really, they are excited by their own vision, not his.  We really know little about him, but my sense is that his every instinct about government run counter to mine.  McCain is hardly better, perhaps going Obama one further by matching him on tax increases and economic nuttiness but also throwing in a dollop of conservative restrictions on non-economic civil liberties.  And I think many of us are exhausted by the prospect of another 4 years of foreign-policy-as-penis-extension that McCain promises.

US Congress:  John Shadegg
.  If it weren't for Jeff Flake and Ron Paul, I would say Shadegg is about the best we libertarians can hope for of a major party candidate.  Not perfect (he was one of the ones who knuckled under on the second bailout vote) but pretty good.

County Sheriff and City Attorney:  Whoever is running against Joe Arpaio and Andrew Thomas.  Seriously.  I don't even know their names and I am voting for them.  I am sick and tired of Arpaio's schtick (index of articles here).  Anyone who can go on a crime sweep into the 99% all-anglo tony suburb of Fountain Hills and come out with arrestees who are 75% Hispanic is not even trying to be fair.  Andrew Thomas has had Arpaio's back for years, fighting many (losing) civil rights cases for him and prosecuting his critics in the media.

PROP. 100 Protect Our Homes:  Yes.  I am not sure this is even that relevant.  Prevents the imposition of taxes or fees on the sale of real estate  (e.g. no real estate sales tax).  Not sure if this is even a threat,  but I will usually vote to limit the power of government.

PROP. 101 Medical Choice for Arizona:  Yes.  This proposition would effectively prevent state health care laws like that in Massachusetts that require medical coverage and mandate certain types of medical coverage.  In Massachusetts, my current insurance plan (which I pay for and did a lot of research to uncover) is illegal (because it has a higher deductible that politicians want to allow).

PROP. 102 Marriage:  Big No.  I don't expect to change anyone's mind on this, but I am not in the least threatened by civil marriages of gays, and in fact have a number of friends and family members who have taken advantage of the brief window of opportunity in California to get married to their partner.  I am not sure how this can be a threat to me -- last I checked, my marriage is as strong today as it was before gay marriage was allowed.  This issue is sort of the conservative equivalent of the left's obsession with income inequality.  Conservatives tell folks (rightly) that they should be concerned with their own quality of life and not feel somehow worse if there are people who are wealthier.  But, then they tell us all our marriages are going to be worse because somebody over there who we never will meet is going to marry someone of the same sex.

PROP. 105 Majority Rules "” Let the People Decide:  Haven't Decided.  This is a weird one.  This would require propositions raising taxes to be passed only if the "yes" votes they receive equate to 50+% of the total registered voting population, not just of the people who voted that day.  Basically, it makes it impossible to have tax increases in propositions, which I like.  But it is a terrible precedent -- this is simply not how we count elections.  In particular, the "registered voter" number is almost meaningless.  Requiring a super-majority of those voting would be much better law.  I may well vote yes, because I suspect the next 2 years are going to be a heyday of taxation, but I will sort of feel guilty about it.

PROP. 200 Payday Loan Reform Act.  Yes.  Would un-ban payday loan companies in Arizona.  I have always supported choice, even for the poor and unsophisticated.  Payday loans are expensive, but as we have learned from subprime loans, maybe credit to borrowers with no income or assets should be expensive.  More here.

PROP. 201 Homeowner's Bill of Rights.  No.  Created by a pissed off union in a fit of pique as an FU to homebuilders.  Mandates decade-long warranties on homes, and offers a myriad of opportunities for trial lawyer hijinx.  And what problem is it solving?

PROP. 202 Stop Illegal Hiring Act.  Yes, I think.  Again, this is one of those confusingly worded initiates that like to use triple negatives.  But I believe it is a softening of the Immigration / hiring law that I have long opposed.  (related:  E-Verify reviewed here

PROP. 300 State Legislators' Salaries.  No.  Changed my mind on this.  At first, I thought current salaries were unreasonably low.  But now I think that they should all go out and get real jobs, and make the legislature part-time.  Maybe they'll meet less often.

San Francisco Mandates Paid Vacations

A reader sent me this article on the new proposition F passed in San Francisco

Under the Sick Leave Ordinance, employers must provide one hour of paid
sick leave to an employee for every 30 hours worked. The Ordinance
limits the amount of paid leave to a maximum of 40 hours of paid leave
for "small businesses," defined as employers who employ fewer than 10
employees, and of 72 hours of paid leave for larger employers.

Note that this applies to everyone -- part time workers, day laborers, housekeepers, nannies, you name it.  Everyone gets an extra paid hour vacation for every thirty they work.

But Coyote!  How can you say its vacation - the law says sick leave.  Yes, I know, and I am sure supporters can fill any number of 30-second TV ads with heart-rending stories of people who got sick and needed paid time off.  But all of us who have actually worked in real jobs and real companies know how most sick days get used - they become extra vacation days.  Here is a guide to getting the most vacation possible out of your sick days.  For this reason, many companies have done away with the distinction of sick and vacation days and just call them "personal days."

But the law makes sure that employers can't ask any of those nagging questions like "you don't sound sick on the phone."  Because you don't actually have to be sick to take paid sick leave in San Francisco. 

Proposition F, the "Sick Leave Ordinance," also expands existing state
law "kin care" requirements so that covered employees must be permitted
to use paid sick leave to care for siblings, grandparents,
grandchildren and a "designated person" of the employee's choice.
Employees must be permitted to use any or all accrued paid sick leave for such kin care.

"Yep, old Uncle Ed is sick again.  I won't be coming in today but you still have to pay me."  And who's to say "care" for uncle Ed shouldn't include companionship in the form of some fishing.  After all, California recognizes a service animal designation for companionship only.

But just to make sure that the employer does not ask any nagging question when Uncle Ed needs care on nine Fridays in a row, the law includes this:

In addition, Proposition F prohibits an employer from taking any
adverse action against an employee who exercises his or her rights
under the Ordinance. An employee's mistaken but good faith complaints
of employer violations of this Ordinance are protected. Any adverse
action by an employer against an employee within 90 days of the
employee's exercise of a right under the Ordinance creates a rebuttable
presumption of employer retaliation....

The Office of Labor Standards Enforcement has authority to
investigate alleged violations of the Ordinance. If the Office
determines that a violation has occurred following an investigation and
hearing, it may order relief including reinstatement, back pay, the
payment of any sick leave unlawfully withheld and various
administrative penalties.

The Ordinance also permits civil actions by the Office of Labor
Standards Enforcement, the City Attorney, "any person aggrieved by a
violation" (the term could encompass affected employees but also any
person for whom the employee sought to care or aid), and "any other
person or entity acting on behalf of the public as provided for under
applicable state law." The prevailing party may recover all "legal or
equitable relief as may be appropriate to remedy the violation"
including, but not limited to, reinstatement, back pay, the payment of
any sick leave unlawfully withheld, liquidated damages, injunctive
relief; reasonable attorneys' fees and costs. Employees and plaintiffs'
attorneys who sue employers on behalf of similarly-effected employees
and the general public may be entitled to equitable and injunctive
relief, restitution, and reasonable attorneys' fees and costs.

So, any violations by employees will be called "good faith" mistakes and are protected from any punishment.  Employers, on the other hand, are liable for penalties and lawsuits should they make even a good faith mistake.  Attempting to determine if an employee is cheating on his sick day designations will be treated as "retaliation" and punished.  Note that while the office of labor standards have investigation abilities, all the investigative actions listed in their purview are employer violations.  For example, there is language about employers reimbursing employees for sick days they should have paid, but where is the language about employees reimbursing employers for sick days taken fraudulently?

This is exactly how the unemployment system works.  There is a heavy state enforcement arm, but only aimed at fraud by employers, not employees. Pick any state unemployment office at random and look at their web site.  They will probably have a link for filing complaints.  When you click on it, you will quickly see that the complaints they accept are only for employer fraud or impostor fraud, not employee cheating.  In fact, as I wrote here about people taking vacation on unemployment, I was threatened with a lawsuit by an employee and with fines by the state agency in California for even suggesting that an employee was lying when he said he was "looking for work" (when I knew for a fact he was on a winter-long vacation in Mexico).