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Today I am part of the blog tour for Perry Road (Revolution #1) by Emi Gayle!
Perry Road (Revolution #1)
by Emi Gayle
Release Date: September 3, 2013
Target Reader: New Adult/Young Adult
Keywords: Dystopian
In 2132, "We the people …" means nothing, and it hasn't for a hundred years.
Like all the citizens of the American Union, eighteen-year-old Erianna Keating is not to ask questions. She is not to believe anything except what the A.U. tells her. More importantly, she's not supposed to know what she doesn't know, nor that she's a pawn.
Like everyone else, though, she is, and like everyone else, she is a hundred percent oblivious to what's going on.
Or is she? Are they?
Erianna thinks going to Perry Road and joining the national registration program is her next step toward adulthood; the 2132 candidates for adult-classification, though, are in for a big surprise. Especially Erianna.
Thanks to Zane Warren, an awkward but hot guy who won't shut up about a history that doesn't—or shouldn't—matter anymore, Erianna will know. Will learn. That includes finding out what actually happens after registration and doing something, anything, about it.
Fixing what went wrong, what caused the U.S.A. to split into two countries, though, is not on Erianna's bucket list, but as she faces her future, she must decide whether to fall in line with the American Union's plan for her, or to consider that Zane might not be wrong, and the time for revolution begins now
You can add Perry Road to your to-read list on Goodreads
You can buy Perry Road here:
– Amazon
– Kobo
Which I could be. Don't want to be. Really, really, really don't, and staring at Cam in her new clothes without holes, her clean hair cut by a professional and the fact that she's my friend reminds me why: Flukes are poor. I should know. My mom is one.
The animation keeps going as if it's really trying for me—not that it can. I drop my P-Comm to my leg just as dark words appear on screen. My heart picks up speed, and a tingly tension takes over.
"Well?" Cam asks.
For some reason, I don't want her to know. I want to find out by myself if I'm going to get a real life, or if I'm destined to wear hand-me-downs from twenty years ago until I'm ninety. I want to prepare, to plan, to cry if we don't get to go together, or if I'm not like her.
I'm not, of course—in any way like her. Who am I kidding?
After what seems like hours, but is only seconds, I say, "Nothing."
"Damn." She throws her arms up in the air. "Figures. And it's almost five. So, you know, I gotta go. Mom's sure I'm going to be chosen to pop out babies, like she is, so she wants to make sure I know how to cook before the fake chefs get ahold of me to 'teach' me." Cam gives me a dramatic eye roll and places a hand to her forehead. "Like, oh, my Oz, Eri, you know? We have people to cook for us for a reason. Duh! If I learn to cook, what job am I going to give someone like your mom, you know? And why would I get picked to be fat and ugly when I look like this?" She bats at her blonde curls.
Wanting to change the subject—to anything but the woes of Cam's perfect life—I walk to her, give her a hug and a quick pat on the back. "I'll … call you when I get it, 'kay?"
"You better. We only have two days to shop for the perfect outfit. Why couldn't your birthday be October twenty-ninth instead of December?" She snatches up her coat—preparation for the winter blast that will tear into uncovered skin. "And … you're not a fluke. You will get in the white house, and when January first comes, we'll be official!" She boogies her way out, hips wiggling. For someone who's not happy about the prospect of becoming a baby factory, she's awfully chipper.
I know it's because she's waiting to hear my fate. To prove I'm not a fluke. To validate my relevance as her friend—the one girl Cam can give backhanded compliments, and, for that matter, insults all day long, and still walk back in with a smile as if nothing happened.
Cam walks through the hallway and says goodbye to my mom who's probably still working at her makeshift office in our miniature kitchen—trying, I assume, to avoid the whole days' events. As much as Cam wants me to not be a fluke, my mom wants me to be one. If I'm like her, nothing will change. Like Cam, I'll be the same old Erianna, just one day older and as useless as all the other flukes in the world.
The front door opens and closes, and I move to the window. Once Cam disappears from view, and only then, I turn over my P-Comm and touch the one message that sits inside.
The one that says: "Invitation for Erianna Price Keating."
About the Author:
I had a really great bio in my head around midnight one night …. right before I fell asleep and it disappeared into the nothingness of unconsciousness. Bummer. So here's something less well thought out.
I want to be young again, so I'm kinda sorta living it again. At least on paper. You see, I write paranormal romance. Now, that stuff can get really hot, and really gritty and well … mine does. But! My characters are teenagers, 18 and under. Like I was once … and want to be again.
Why would I want to be a teenager again? Geez. Because! If you met the man of your dreams at 14 was engaged to him at 19 and married him at 20, wouldn't YOU want to do all that over again? Especially if you were still in love with him? I mean, c'mon! It's love! That's why I write, too.
You see… just because you pass a certain age doesn't mean you forget what it was like to be 14, 15, etc. Actually, because I kinda grew up with my husband, we both still feel like the 14 and 17 year old kids we once were. So that's where I'm coming from. You might think it's totally lame, but you know what? That's ok! Maybe you'll like my other me instead.
You can find Emi here:
– Website
– Facebook
– Twitter
– Goodreads
And there is a tour wide giveaway!
a Rafflecopter giveaway


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Tumor-inhibiting protein discovered by Temple researchers could be effective in the treatment of leukemia
Angiocidin also shown to stimulate the body's immune system
Angiocidin, a tumor-inhibiting novel protein discovered by Temple University researchers, may also have a role as a new therapeutic application in treating leukemia, according to a study by the researchers.
The study, "The Novel Angiogenic Inhibitor, Angiocidin, Induces Differentiation of Monocytes to Macropahges," will be published in the July 15 issue of the journal Cancer Research. The research was done by Temple biology doctoral student Anita Gaurnier-Hausser under the direction of George Tuszynski, a professor of neuroscience in Temple's School of Medicine and a professor of biology in Temple's College of Science and Technology.
"Angiocidin is a protein that has a lot of anti-cancer activity and inhibits angiogenesis, a physiological process involving the growth of new blood vessels from pre-existing vessels, which is a fundamental step in the transition of tumors from a dormant state to a malignant state," said Tuszynski, who discovered the protein.
Tuszynski said that over the years, the researchers had looked at the protein's effect on solid tumors like breast cancer, prostate cancer and colon cancer.
"All of these cancers are inhibited by Angiocidin by virtue of the fact that this protein inhibits vascularization or the formation of new vessels," he said. "We decided we wanted to look to see if Angiocidin had any effect on hematologic malignancy, and we chose leukemia."
Tuszynski said leukemia cells arise from monocytes, a specific white blood cell that is a part of the human body's immune system that protects against bloodborne pathogens and moves quickly to sites of infection. As monocytes enter tissue, they undergo a series of changes to become macrophages.
When the researchers treated the leukemia cells, "our molecule was able to induce a differentiation of these monocytic leukemia cells into a normal, macrophage-like phenotype," he said.
"This indicates perhaps a new therapeutic application for this protein, that it could differentiate hematologic malignancies into a normal-like state, allowing then for chemotherapy because normal cells are susceptible to chemotherapy treatment," said Tuszynski, who is also a member of the Sol Sherry Thrombosis Research Center in Temple's School of Medicine.
He added, however, that Angiocidin must remain present with the differentiated cells or they will revert back to their leukemia phenotype. "We haven't repaired the genetic abnormality in the cell, but what we have done is push them into a more normal phenotype that could then be treated more easily."
Tuszynski also said that the research demonstrates the ability of Angiocidin to stimulate the body's immune system by differentiating monocytic cells into macrophages, which function to ingest bacteria and protein debris as part of the immune system.
"We did gene array analysis of the differentiated versus the undifferentiated cells and we discovered that there were many genes characteristic of immune cells that were up-regulated in the differentiated leukemia cells," he said. "That Angiocidin can stimulate differentiation and stimulate the immune system is basically a new activity that we discovered with this protein that we had never really anticipated before."
The research was funded by the National Institutes of Health and Temple University.

subset: commoncrawl


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Oklahoma City, OK – Kevin Durant had 23 points and 10 rebounds to lead the Oklahoma City Thunder to a 110-87 rout of the Utah Jazz on Wednesday.
Russell Westbrook registered 19 points, nine assists and seven rebounds for the Thunder, who came into the game off a 105-93 loss at San Antonio on Monday. Kevin Martin scored 15 points off the bench in the victory.
"I thought our defense was outstanding in the first half, in fact I thought that was the game right there," said Thunder coach Scott Brooks. "We had too many turnovers but overall the defense was just outstanding."
Gordon Hayward had a team-high 20 points for the Jazz, who had snapped a four- game losing streak after defeating Detroit on Monday. Enes Kanter was the only other Utah player to score in double-digits with 12 points.
"We got embarrassed tonight," said Hayward. "We're trying to get in the playoffs, we can't have games like this. We were down by 20-plus points and that's just stupid. We gotta execute our offense better. We got rattled and started second guessing ourselves."
Oklahoma City was efficient on both ends of the floor, shooting 53.6 percent from the field and 87.9 percent from the foul line while limiting Utah to a 35 percent field goal percentage.
The Thunder had a 29-19 lead after the first quarter, but opened it up even further in the second.
Utah scored the first five points of the frame to cut the gap to 29-24 with 10:15 remaining, but it was the closest the team would reach for the rest of the game.
After a tip shot by Favors with 7:48 left to play in the period, the Thunder went on a 13-0 run over the remainder of the half take a 50-28 advantage.
With the game apparently out of reach, Jazz coach Tyrone Corbin let his bench players get ample playing time in the second half.
Durant was nearly perfect in the third quarter, scoring 15 points on 5-of-6 shooting from the floor and making five of his six free throw attempts.
Entering the fourth quarter, Oklahoma City had a 79-56 lead.
Game Notes
Hayward scored 18 points in the second half ... The Jazz failed to make a 3- pointer in the second and fourth quarters ... Oklahoma City has a 2-1 advantage in the season series. The two teams will play at Utah on Apr. 5.


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Browse: Home / Search Engine Marketing Experts
Search Engine Marketing Experts
SEOs, Search Engine Marketing Experts & Search Engine Bloggers- Please Read
I just have to say this because it bugs me to death as I read daily (not that I am picking or anything)… Internet is capitalized; "internet" is wrong. It should always be capitalized. Additionally, it really should be "web site "(unless you are from the UK-see wiki). Go to Merriam-Webster Online and type in […]
Posted in Blog Business | Tagged Internet, Merriam-Webster Online, Search Engine Bloggers, Search Engine Marketing Experts, SEOs, Web Site | Leave a response


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CHARLOTTE, N.C. – At least a dozen road course ringers waited for the phone to ring when word spread that Tony Stewart had broken his leg in a sprint car race at Iowa.
Max Papis called Stewart-Haas Racing and told the team he was available to replace the three-time NASCAR champion, and he'll be the replacement this weekend at Watkins Glen International.
It will be Papis' first Sprint Cup Series start since 2010, but it will be his 13th career start at Watkins Glen. More important, he's got some familiarity with the car he'll be racing this weekend: Papis was the test driver for SHR last month as part of the team's R&D program at Road Atlanta and the slender Italian said he joked the seat was a natural fit.
"I didn't talk to Tony, I sent him an email when I was testing his car telling him that his lap belt fit me," Papis said Tuesday. "It was actually funny stuff. I don't tell you the answer."
His time with the team this weekend is likely a one-off as SHR will probably go to an oval specialist the remainder of the time Stewart is sidelined. But Papis jumped at the opportunity, even though he was scheduled to run the Grand-Am race Saturday at Road America.
He was part of the winning effort in his Grand-Am class two weeks ago at Indianapolis, and was grateful to be considered by SHR for this weekend's opportunity.
"Obviously this, I don't look at this like a career-changing (opportunity)," he said. "I'm just going to go out there and enjoy every lap I have, enjoy every second I have with the guys, and keep that seat warm for Smoke until he's going to come back. And who knows? Maybe in the future we're going to have some laughs to share about what I did in this car or anything. You never know.
"Sometimes if you push for opportunities, they don't come, and sometimes things come because of reasons," he continued. "The things that I'm the most proud of is the fact that I'm even considered (for) this opportunity. There are hundreds of guys out there that can drive this car, but I always say it's not about the money you make, it's not about anything that you do, but it's about the story you write. And I guess that so far I've been writing a pretty decent story to get a call from Stewart-Haas Racing."
NEWMAN BENEFITS: Tony Stewart left Pocono Raceway ranked 11th in the Sprint Car standings holding the first wild card in the Chase for the championship field.
His injury has blown the race wide open with five races remaining to set the 12-driver field.
It's not clear how many races Stewart will miss — Stewart-Haas Racing has said they'll know more after his second surgery on his broken right leg — but they no longer consider him a factor to make the Chase.
The biggest benefactor, ironically, is teammate Ryan Newman.
Newman became a Chase contender two weeks ago with his win at Indianapolis Motor Speedway, but at 15th in points needed a lot of help in front of him to claim the second wild card. He should gain ground once Stewart misses his first race Sunday, and competition director Greg Zipadelli said the SHR focus now shifts to Newman.
"Well, our focus has always been getting (Stewart) and (Newman) in the Chase, they both obviously had opportunities to make the Chase," Zipadelli said. "Our focus was to give them equal attention. I think obviously now that the 39 is our only chance, we will do whatever we can to help. I don't know that it's any more than what we have been doing, but we'll certainly do our best to work together as a team, and if there's anything they need, we will certainly do our best to give them what they need to have that opportunity."
STAYING PUT, PROBABLY: Four-time IndyCar champion Dario Franchitti and team owner Chip Ganassi have an understanding. As long as Franchitti feels his No. 10 car can run with the leaders, he wants to come to work.
Franchitti has every intention of clocking in next year. The 40-year-old Scotsman said during last weekend's visit to Mid-Ohio he "definitely" would like to drive for Ganassi in 2014. A deal may be a formality, but it doesn't appear imminent. Franchitti and Ganassi have worked on a series of one-year contracts since Franchitti returned to the circuit full-time in 2009 after a miserable stint in NASCAR.
"I would love to come back next year," Franchitti said. "Chip would like me to come back. Target would like me to come back. The team would like me to come back. So we are all on the same page but we haven't anything to announce yet."
But both Ganassi and team manager Mike Hull both told The Associated Press during the Brickyard 400 NASCAR race last month they expected Franchitti to be driving for them in 2014.
Franchitti finished third behind Chip Ganassi Racing teammate Charlie Kimball at Mid-Ohio and is sixth in the points with five races remaining — a remarkable comeback from last in the IndyCar standings at the start of the season. Though he is a distant sixth in points and hasn't won since the 2012 Indianapolis 500, Franchitti believes there's still plenty of gas left in the tank to chase a fifth championship and a fourth Indy 500 win.
"If I'm competitive and if I'm enjoying it, then I'll keep doing it," Franchitti said. "Those two are pretty closely linked. If I'm not competitive, I won't be hanging around long."
BUSCH'S PUSH: Kurt Busch just might Moneyball his way into the Chase.
Small team, small budget. Some help from NASCAR's big boys. It all could add up to a spot in the field.
His talent never questioned, Busch still may be the surprise entrant in the 12-driver field. He's winless and in 13th in the standings, but only 11 points out of the 10th and final guaranteed spot.
Busch, the 2004 Cup champ, is on a hot streak at the right time. He matched a season-high with his third-place finish last week at Pocono and has four top 10s in his last six races, all while putting Furniture Row Racing on the map.
"What I'm happy about is this group of guys, we're small, but we can shoot from the hip a lot and make up a lot of ground by being aggressive with going back to a track a second time knowing exactly what we did wrong the first time around," he said.
With stints driving for Jack Roush and Roger Penske behind him, Busch's comeback would pretty much be complete if he could make the Chase.
And it could make him attractive to multiple-car organization like Richard Childress Racing.
But that's for another day. Up first, he wants to make the Chase. His called his strong finish at Pocono behind Hendrick Motorsports drivers Kasey Kahne and Jeff Gordon a "championship-effort type day."
He'll need more of them over the final five races before the Chase is set if he wants to at least compete for a second championship.
"We're just putting the blinders on and worried about the 78, and I'm just excited to go back to these tracks a second time," he said.
Will Graves from Lexington, Ohio and Dan Gelston from Long Pond, Pa., contributed to this report.


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Streeter Named to Head U.S. Olympic Committee
NEENAH, WI—Stephanie Streeter, the previous chairman, president and CEO of the former Banta Corp., has been named interim head of the U.S. Olympic Committee. A former basketball player during her days at Stanford University, the 51-year-old Streeter will have her hands full. The USOC is in need of multimillion-dollar budget cuts and staff reductions. She will also be helping the Chicago contingent prepare and try to win its bid to host the 2016 Games.
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How to support your black coworkers without adding more stress during this incredibly difficult time
- As protests condemning racial injustice and police brutality sweep the nation, many white and non-black workers may want to offer support to their black colleagues.
- Business Insider spoke with multiple black psychologists and doctors on how non-black people can support their peers at work, including what to say during these difficult times.
- Here are four actions that can help support black colleagues, including taking steps to educate yourself on racial issues and not forcing conversations.
That conversation is especially coming up in workplaces across the country. Many white or non-black Americans are looking to offer their support to black colleagues. But it's important to do so in a sensitive manner, especially given that so many people are working remotely amid the coronavirus pandemic and are lacking face-to-face contact.
Before taking action, it's key to understand that this is a very difficult time to be black in America, says Beverly Tatum, a nationally recognized scholar and author of multiple books on race in America.
"I think many black people are experiencing fatigue. Of course, there's anger and frustration, but fatigue because it's not like this hasn't been going on forever," Tatum, who is also a licensed clinical psychologist, told Business Insider.
The second thing to realize is that you alone cannot fix years of oppression with a simple message to your coworkers.
"This is something that we all have to fix. And a lot of the issues are systemic: dealing with institutional racism, dealing with systems of oppression," said David Staten, a licensed clinical counselor and professor of rehabilitation counseling at South Carolina State University.
However, there are a number of actions you can take to make your black colleagues feel supported. And while you don't need to (and probably shouldn't) send a message to every black person you work with, experts told Business Insider it's worth reaching out to those with whom you work directly.
Check in with black colleagues and offer your support
Staten recommends white employees offer empathy and understanding. Here's an exact phrase Staten suggested:
"Hey, I understand that there's a lot going on. And I'm not sure if there's anything that I can do, but if there is something I can do, I'll be more than willing to extend myself or to be available to just listen."
Candice Nicole Hargons, practicing psychologist and assistant professor in the University of Kentucky's counseling psychology program, offered another possible email message you could send:
"I care about the Black Lives Matter movement. And I'm committing to staying involved whether it is popular or not. Here's what I've been doing ... Are there things you need personally that I can have your back on at work?"
Don't ask your black colleagues to explain complex racial issues to you
If you're curious about the history of racial injustice, slavery, police brutality, or other issues, don't put the burden on your black colleagues to explain these things to you. Asking seemingly innocuous questions could be exhausting or triggering, Tatum says.
Instead, begin by educating yourself, she says. Order books on the topic, watch informative videos, and read first-person accounts and op-eds from black thought leaders. Various national leaders have given out their recommendations for learning about race relations, among them former President Barack Obama.
The exception to this, however, is if you and a black colleague at work are good friends, Tatum says. If you are already close, you could ask your friend more detailed questions about current events. However, approach the conversation with sensitivity and understand they might not want to talk about it.
Don't force a conversation
Be mindful that some colleagues may not want to talk about these issues.
Staten says that even talking about police brutality, for example, can trigger symptoms of post traumatic stress disorder.
"There's a feeling of hopelessness," Staten said. "No matter what we do in life, how successful we are, none of that really matters because our skin color in large part kind of colors how society views us."
Recognizing this is important because it makes you aware that what may seem like simple news items to you could gravely affect your coworker or friend.
Be an advocate against racism and call for more diversity programs in your office
"I think the biggest thing in creating that safe space is advocating for others," said Christen Johnson, a family physician in Columbus, Ohio, who is also a public health expert specializing in health equity. "It's the importance of inclusion: That they feel like they are safe to speak their mind. They are safe to be who they are. They are safe to not feel that being themselves naturally and authentically is going to get them attacked."
For example, if you're in a room of white colleagues and someone makes a comment about an interviewee's Afro-centric name, say something about it. Challenge stereotypes and unconscious bias, which are preconceived notions about people often based on their looks. Call out microaggressions, or subtly racist comments or questions, when you see them.
Advocate for the creation of employee resource groups if your company currently doesn't have any. These can be great spaces for workers of color and their allies to start important, ongoing conversations. In fact, a number of diversity and inclusion executives from top companies like Twitter, SAP, and LinkedIn previously told Business Insider that a core part of their fight against inequality has been expanding employee resource groups.
If there's a lack of diversity in your office, raise the issue with your HR representative or manager.
"A white person should think to themselves, 'What can I do to make a difference?'" Tatum said.
That's where the important work begins.
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Learn About the Law
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FindLaw's Learn About the Law features thousands of informational articles to help you understand your options. And if you're ready to hire an attorney, find one in your area who can help.
Petitioner Commonwealth issued criminal complaints charging that, in failing to compensate two discharged bank vice presidents for vacation time they accrued but did not use, respondent bank president had violated a Massachusetts statute making it unlawful for an employer not to pay a discharged employee his full wages, including vacation payments, on the date of his discharge. Respondent moved to dismiss on the ground that the bank's vacation policy constituted an "employee welfare benefit plan" under 3(1) of the Employee Retirement Income Security Act of 1974 (ERISA), and that the prosecution therefore ran afoul of 514(a) of ERISA, which pre-empts "any and all State laws insofar as they . . . relate to any employee benefit plan." The trial court reported the preemption question to the Massachusetts Appeals Court for decision. For the purpose of answering the reported question, the parties stipulated that the bank had agreed to pay employees in lieu of unused vacation time, and that such payments were made out of general assets in lump sums upon employment termination. The Supreme Judicial Court of Massachusetts transferred the case to its docket on its own initiative and held that the bank's policy constituted an "employee welfare benefit plan" and that the prosecution was therefore pre-empted.
A policy of paying discharged employees for their unused vacation time does not constitute an "employee welfare benefit plan" within the meaning of 3(1) of ERISA, and a criminal action to enforce that policy is therefore not foreclosed by 514(a). Pp. 112-121.
STEVENS, J., delivered the opinion for a unanimous Court.
Carl Valvo, Assistant Attorney General of Massachusetts, argued the cause for petitioner. With him on the briefs were James M. Shannon, Attorney General, and Marc C. Laredo and Ruth A. Bourquin, Assistant Attorneys General.
Jason Berger argued the cause for respondent. With him on the brief was Marcia E. Greenberg. *
[ Footnote * ] Briefs of amici curiae urging reversal were filed for the United States by Solicitor General Fried, Deputy Solicitor General Ayer, Christopher J. Wright, George R. Salem, Allen H. Feldman, and Edward D. Sieger; for the State of New York et al. by Robert Abrams, Attorney General, O. Peter Sherwood, Solicitor General, Lawrence S. Kahn, Deputy Solicitor General, and Jane Lauer Barker, M. Patricia Smith, and Jennifer S. Brand, Assistant Attorneys General; and for the American Federation of Labor and Congress of Industrial Organizations by Robert M. Weinberg, Julia Penny Clark, and Laurence Gold. [490 U.S. 107, 109]
JUSTICE STEVENS delivered the opinion of the Court.
This case requires us to determine whether a company's policy of paying its discharged employees for their unused vacation time constitutes an "employee welfare benefit plan" within the meaning of 3(1) of the Employee Retirement Income Security Act of 1974 (ERISA or Act), 88 Stat. 833, as amended, 29 U.S.C. 1002(1), and whether a criminal action to enforce that policy is foreclosed by the Act's broad pre-emption provision.
In May 1986, petitioner, the Commonwealth of Massachusetts, issued two complaints in the Boston Municipal Court against respondent, Richard N. Morash, president of the Yankee Bank for Finance and Savings (Bank). The complaints charged Morash with criminal violations of the Massachusetts Payment of Wages Statute, Mass. Gen. Laws 149:148 (1987). 1
Under the Massachusetts law, an employer is required to pay a discharged employee his full wages, including holiday or vacation payments, on the date of discharge. Similar wage payment statutes have been enacted by 47 other States, 2 the [490 U.S. 107, 110] District of Columbia, 3 and the United States, 4 and over half of these include vacation pay. The complaints filed in the Boston Municipal Court alleged that respondent had failed to compensate two discharged bank vice presidents for vacation time they accrued but did not use.
Respondent moved to dismiss the criminal complaints on the ground that the Massachusetts statute, insofar as it applied to these complaints, had been pre-empted by ERISA. He argued that the Bank's vacation policy constituted an "employee welfare benefit plan" under the Act, and that the State's prosecution of him for failure to comply with the policy therefore ran afoul of 514(a) of the Act, 29 U.S.C. 1144 [490 U.S. 107, 111] (a), which pre-empts "any and all State laws insofar as they . . . relate to any employee benefit plan." 5 Without ruling on the motion, the trial judge reported the pre-emption question to the Massachusetts Appeals Court for decision; the Supreme Judicial Court then transferred the case to its docket on its own initiative. For the purpose of answering the reported question, the parties stipulated that the Bank had made oral or written agreements stemming from handbooks, manuals, memoranda, and practices to pay employees in lieu of unused vacation time, and that "such payments are made out of the Bank's general assets" in lump sums upon termination of employment.
The Supreme Judicial Court held that the policy constituted an employee welfare benefit plan and that the prosecution was pre-empted by ERISA. 402 Mass. 287, 522 N. E. 2d 409 (1988). The court found that under the plain language of the statute and its earlier decision in Barry v. Dymo Graphic Systems, Inc., 394 Mass. 830, 478 N. E. 2d 707 (1985), the Bank's policy constituted a plan, fund, or program for the purpose of providing its participants vacation benefits. It rejected the Commonwealth's argument that a regulation promulgated by the Secretary of Labor (Secretary), 6 [490 U.S. 107, 112] had excepted payments out of an employer's general assets for unused vacation time from the definition of a welfare plan because even if regular vacation pay was not included in ERISA, the lump-sum payment for unused vacation time upon discharge was akin to severance pay covered by ERISA. The fact that it would be necessary for an employer to maintain records relating to its employees' unused vacation time, plus the need to accumulate funds to pay the benefits, made it appropriate to treat the employer's promise to its employees as a "plan." The court concluded that the Massachusetts statute related to the plan within the meaning of 514, and was not excluded from its coverage by the provision saving from pre-emption a "generally applicable criminal law." ERISA 514(b)(4), 29 U.S.C. 1144(b)(4).
Because the federal question decided by the Supreme Judicial Court is an important one over which the courts have disagreed, 7 we granted certiorari, 488 U.S. 815 (1988). We now reverse.
ERISA was passed by Congress in 1974 to safeguard employees from the abuse and mismanagement of funds that had been accumulated to finance various types of employee benefits. Fort Halifax Packing Co. v. Coyne, 482 U.S. 1, 15 [490 U.S. 107, 113] (1987). The "comprehensive and reticulated statute," Nachman Corp. v. Pension Benefit Guaranty Corporation, 446 U.S. 359, 361 (1980), contains elaborate provisions for the regulation of employee benefit plans. It sets forth reporting and disclosure obligations for plans, imposes a fiduciary standard of care for plan administrators, and establishes schedules for the vesting and accrual of pension benefits. Metropolitan Life Ins. Co. v. Massachusetts, 471 U.S. 724, 732 (1985). Suits to enforce the terms of the statute and to recover welfare benefits wrongfully withheld arise under federal law and can be brought in federal court without regard for the amount in controversy. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 108 (1989).
The precise coverage of ERISA is not clearly set forth in the Act. ERISA covers "employee benefit plans," which it defines as plans that are either "an employee welfare benefit plan," or "an employee pension benefit plan," or both. ERISA 3(3), 29 U.S.C. 1002(3). An employee welfare benefit plan, in turn, is defined as:
The words "any plan, fund, or program . . . maintained for the purpose of providing . . . vacation benefits" may surely be read to encompass any form of regular vacation payments to an employee. A multiemployer fund created to provide vacation benefits for union members who typically work for several employers during the course of a year, see, e. g., Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal., 463 U.S. 1, 4 , n. 2 (1983), undoubtedly falls within the scope of the Act. In addition, the creation of a separate fund to pay employees vacation benefits would subject a single employer to the regulatory provisions of ERISA. See California Hospital Assn. v. Henning, 770 F.2d 856, 861 (1985), modified, 783 F.2d 946 (CA9), cert. denied, 477 U.S. 904 (1986). 9 We do not believe, however, that the policy here to pay employees for unused vacation time constitutes an employee welfare benefit plan.
The interpretation of 3(1) is governed by the familiar principles that "`words grouped in a list should be given related [490 U.S. 107, 115] meaning,'" Schreiber v. Burlington Northern, Inc., 472 U.S. 1, 8 (1985) (quoting Securities Industry Assn. v. Board of Governors, FRS, 468 U.S. 207, 218 (1984)), and that "in expounding a statute, we [are] not . . . guided by a single sentence or member of a sentence, but look to the provisions of the whole law, and to its object and policy." Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 51 (1987). In enacting ERISA, Congress' primary concern was with the mismanagement of funds accumulated to finance employee benefits and the failure to pay employees benefits from accumulated funds. California Hospital Assn., supra, at 859. 10 To that end, it established extensive reporting, disclosure, and fiduciary duty requirements to insure against the possibility that the employee's expectation of the benefit would be defeated through poor management by the plan administrator. Because ordinary vacation payments are typically fixed, due at known times, and do not depend on contingencies outside the employee's control, they present none of the risks that ERISA is intended to address. If there is a danger of defeated expectations, it is no different from the danger of defeated expectations of wages for services performed - a danger Congress chose not to regulate in ERISA.
This conclusion is supported by viewing the reference to vacation benefits not in isolation but in light of the words that accompany it and give the provision meaning. Section 3(1) subjects to ERISA regulation plans to provide medical, sickness, accident, disability, and death benefits, training programs, day care centers, scholarship funds, and legal services. The distinguishing feature of most of these benefits is [490 U.S. 107, 116] that they accumulate over a period of time and are payable only upon the occurrence of a contingency outside of the control of the employee. See 40 Fed. Reg. 24642 (1975). Thus, for example, plans to pay employees severance benefits, which are payable only upon termination of employment, are employee welfare benefit plans within the meaning of the Act. See Holland v. Burlington Industries, Inc., 772 F.2d 1140 (CA4 1985), summarily aff'd sub nom. Brooks v. Burlington Industries, Inc., 477 U.S. 901 (1986); Gilbert v. Burlington Industries, Inc., 765 F.2d 320 (CA2 1985), summarily aff'd sub nom. Roberts v. Burlington Industries, Inc., 477 U.S. 901 (1986). The reference to vacation payments in 3(1) should be understood to include within the scope of ERISA those vacation benefit funds, analogous to other welfare benefits, in which either the employee's right to a benefit is contingent upon some future occurrence or the employee bears a risk different from his ordinary employment risk. It is unlikely that Congress intended to subject to ERISA's reporting and disclosure requirements those vacation benefits which by their nature are payable on a regular basis from the general assets of the employer and are accumulated over time only at the election of the employee.
The Secretary, who is specifically authorized to define ERISA's "accounting, technical, and trade terms," ERISA 505, 29 U.S.C. 1135, 11 and to whose reasonable views we give deference, Chevron U.S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843 (1984); Watt v. Alaska, 451 U.S. 259, 272 -273 (1981); Udall v. Tallman, 380 U.S. 1, 16 (1965), has also so understood the statute. In a Notice of Proposed Rulemaking published shortly after the effective date of the Act, the Secretary identified a basic [490 U.S. 107, 117] distinction between the benefit programs covered by the Act and the types of regular compensation, including vacation pay, that are not covered:
A contrary interpretation, including routine vacation pay policies within ERISA, would have profound consequences. Most employers in the United States provide some type of vacation benefit to their employees. 15 ERISA coverage would put all these employers to the choice of complying with the statute's detailed requirements for reporting and disclosure or discontinuing the practice of compensating employees for unused vacation time. In addition, the extension of ERISA to claims for vacation benefits would vastly expand the jurisdiction of the federal courts, providing a federal [490 U.S. 107, 119] forum for any employee with a vacation grievance. 16 Finally, such an interpretation would also displace the extensive state regulation of the vesting, funding, and participation rights of vacation benefits; because ERISA's vesting and funding requirements do not apply to welfare benefit plans, ERISA 201(1), 301(a), as amended, 29 U.S.C. 1051(1), 1081(a), employees would actually receive less protection if ERISA were applied to ordinary vacation wages paid from the employer's general assets. See Note, 87 Colum. L. Rev. 1702, 1718 (1987). 17 The States have traditionally regulated the payment of wages, including vacation pay. Absent any indication that Congress intended such far-reaching consequences, we are reluctant to so significantly interfere with "the separate spheres of governmental authority preserved in our federalist system." Fort Halifax Packing Co. v. Coyne, 482 U.S., at 19 .
Respondent argues that, even if the Department of Labor regulation exempting vacation payments from ERISA constitutes a reasonable construction of the Act, the Bank's policy did not constitute a payroll practice under the regulation because employees were allowed at their option to accumulate vacation time and defer payment for such time until termination. See Brief for Respondent 11. We do not agree. Although neither of the Secretary's regulations explicitly covers the precise practice at issue in this case, the reasons for treating holiday and weekend premiums and payments of compensation while an employee is on vacation as "payroll [490 U.S. 107, 120] practices" are equally applicable to the payment of an employee's regular wages for accrued and unused vacation time upon discharge. If the employees in this case had chosen to take a vacation, the vacation days would have been available and the vacation benefit would have been excluded under the regulation; the benefit cannot be transformed into an employee welfare benefit plan under ERISA solely because the employees did not use their vacation days prior to their formal termination of employment. See Shea v. Wells Fargo Armored Service Corp., 810 F.2d 372, 377 (CA2 1987).
Moreover, except for the fact that the payment has been deferred, such payments are as much a part of the employees' regular basic compensation as overtime pay or the payment of salary while the employee is absent on vacation. If in the end the employee elects to receive additional compensation instead of a paid vacation, he or she is receiving the same kind of premium pay that is available for holiday or weekend work. The fact that the payments in this case were due at the time of the employee's termination does not affect their character as a part of regular compensation. Unlike normal severance pay, the employees' right to compensation for accrued vacation time is not contingent upon the termination of their employment.
In reaching this conclusion, we emphasize that the case before us - and the Secretary's regulations on which we rely - concern payments by a single employer out of its general assets. An entirely different situation would be presented if a separate fund had been created by a group of employers to guarantee the payment of vacation benefits to laborers who regularly shift their jobs from one employer to another. Employees who are beneficiaries of such a trust face far different risks and have far greater need for the reporting and disclosure requirements that the federal law imposes than those whose vacation benefits come from the same fund from which they receive their paychecks. It is sufficient for this case that the Secretary's determination that a single employer's [490 U.S. 107, 121] administration of a vacation pay policy from its general assets does not possess the characteristics of a welfare benefit plan constitutes a reasonable construction of the statute. 18
The judgment of the Massachusetts Supreme Judicial Court is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.
[ Footnote 2 ] See Alaska Stat. Ann. 23.05.140 to 23.05.340 (1984 and Supp. 1988); Ariz. Rev. Stat. Ann. 23-350 to 23-361 (1983 and Supp. 1988); Ark. Code Ann. 11-4-401 (1987); Cal. Lab. Code Ann. 227.3 (West Supp. 1989); Colo. Rev. Stat. 8-4-101 to 8-4-126 (1986); Conn. Gen. Stat. 31-71a to 31-71i (1987 and Supp. 1988); Del. Code Ann., Tit. 19, 1101 to 1115 (1985); Ga. Code Ann. 34-7-2 (1988); Haw. Rev. Stat. 388-1 to 388-13 (1988); Idaho Code 45-601 to 45-615 (1977 and Supp. 1988); Ill. Rev. Stat., ch. 48, §§ 39m-1 to 39m-15 (1987); Ind. Code 22-2-9-1 to [490 U.S. 107, 110] 22-2-9-7 (1988); Iowa Code 91A.2 to 91A.13 (1985); Kan. Stat. Ann. 44-313 to 44-327 (1986); Ky. Rev. Stat. Ann. 337.010 to 337.070 (Baldwin 1986); La. Rev. Stat. Ann. 631 (West 1985 and Supp. 1989); Me. Rev. Stat. Ann., Tit. 26, 621-626 (1988); Md. Ann. Code, Art. 100, 94 (1985); Mich. Comp. Laws 408.471 to 408.475 (1985); Minn. Stat. 181.74 (1988); Miss. Code Ann. 71-1-35 to 71-1-53 (1972 and Supp. 1988); Mo. Rev. Stat. 290.080 to 290.110 (1986); Mont. Code Ann. 39-3-201 to 39-3-215 (1987); Neb. Rev. Stat. 48-1228 to 48-1232 (1988); Nev. Rev. Stat. 608.005 to 608.060 (1987); N. H. Rev. Stat. Ann. 275:42 to 275:55 (1987); N. J. Stat. Ann. 34:11-4.11 to 34:11-4.11 (West 1988); N. M. Stat. Ann. 50-4-1 to 50-4-12 (1988); N. Y. Lab. Law 190 to 198-c (McKinney 1986 and Supp. 1989); N.C. Gen. Stat. 95-25.2 to 95-25.25 (1985); N. D. Cent. Code 34-14-01 to 34-14-13 (1987); Ohio Rev. Code Ann. 4113.15 (1980); Okla. Stat., Tit. 40, 165.1 to 165.9 (1986); Ore. Rev. Stat. 652.110 to 652.405 (1987); Pa. Stat. Ann., Tit. 43, 260.2a to 260.11a (Purdon Supp. 1988); R. I. Gen. Laws 28-14-1 to 28-14-30 (1986); S. C. Code 41-10-10 to 41-10-110 (Supp. 1988); S. D. Codified Laws 60-11-9 to 60-11-15 (1978); Tenn. Code Ann. 50-2-103 (1983); Tex. Rev. Civ. Stat. Ann., Art. 5155 to 5159 (Vernon 1987); Utah Code Ann. 34-28-2 to 34-28-14 (1988); Vt. Stat. Ann., Tit. 21, 341-345 (1987); Va. Code 40.1-29 (1986); Wash. Rev. Code 49.48.010, 49.48.020 (1987); W. Va. Code 21-5-1, 21-5-4 (1985 and Supp. 1988); Wis. Stat. 109.01 to 109.11 (1987-1988); Wyo. Stat. 27-4-101 to 27-4-105 (1987).
[ Footnote 3 ] See D.C. Code 36-101 to 36-110 (1981).
[ Footnote 4 ] See, e. g., 46 U.S.C. 596. See also Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 572 (1982).
[ Footnote 5 ] Section 514 of ERISA, as codified, provides, in pertinent part: "(a) Except as provided in subsection (b) of this section, the provisions of this subchapter and subchapter III of this chapter shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan . . . . "(b) . . . . . . . . "(4) Subsection (a) of this section shall not apply to any generally applicable criminal law of a State."
[ Footnote 6 ] The Secretary's payroll practice regulation provides, in part: "(b) Payroll practices. For purposes of Title I of the Act and this chapter, the terms `employee welfare benefit plan' and `welfare plan' shall not include - . . . . . "(3) Payment of compensation, out of the employer's general assets, on account of periods of time during which the employee, although physically [490 U.S. 107, 112] and mentally able to perform his or her duties and not absent for medical reasons (such as pregnancy, a physical examination or psychiatric treatment) performs no duties; for example - "(i) Payment of compensation while an employee is on vacation or absent on a holiday, including payment of premiums to induce employees to take vacations at a time favorable to the employer for business reasons." 29 CFR 2510.3-1(b)(3) (1987).
[ Footnote 7 ] Compare Holland v. National Steel Corp., 791 F.2d 1132 (CA4 1986); Blakeman v. Mead Containers, 779 F.2d 1146 (CA6 1985) (both holding that vacation benefits constitute employee welfare benefit plan), with Shea v. Wells Fargo Armored Service Corp., 810 F.2d 372 (CA2 1987); California Hospital Assn. v. Henning, 770 F.2d 856 (1985), modified, 783 F.2d 946 (CA9), cert. denied, 477 U.S. 904 (1986); Golden Bear Family Restaurants, Inc. v. Murray, 144 Ill. App. 3d 616, 494 N. E. 2d 581 (1986) (all holding that vacation pay from employer's general assets not covered by ERISA).
[ Footnote 8 ] The benefits described "in section 186(c) of this title" include "pooled vacation, holiday, severance or similar benefits." See 29 U.S.C. 186(c)(6).
[ Footnote 9 ] Respondent argues that because a pooled vacation benefit plan is "a benefit described in section 186(c) of this title" and thus constitutes an employee welfare benefit plan under 29 U.S.C. 1002(1)(B), the exclusion of ordinary vacation pay plans from ERISA coverage would render the reference to vacation pay in clause (A) surplusage. Clause (A), however, also includes within ERISA vacation wages paid from a separate fund rather than from general assets. See United States Dept. of Labor, ERISA Opinion Letter No. 77-84A (Nov. 7, 1977). The fact that a benefit covered by clause (B) is also covered by clause (A) is not dispositive of the meaning of clause (A). As the Court of Appeals for the Ninth Circuit noted: "Many of the benefits incorporated in section 1002(1) by the cross-reference to section 186(c) are already found in section 1002(1). Thus it is evident that Congress was not concerned with duplication, but only with assuring that all benefits covered by section 186(c) were also covered by section 1002(1)." California Hospital Assn. v. Henning, 770 F.2d 856, 861 (1985), modified, 783 F.2d 946, cert. denied, 477 U.S. 904 (1986).
[ Footnote 10 ] See e. g., Private Welfare and Pension Plan Legislation: Hearings on H. R. 1045 et al. before the General Subcommittee on Labor of the House Committee on Education and Labor, 91st Cong., 1st and 2d Sess., 470-472 (1970) (testimony of Secretary of Labor concerning mismanagement of 22 pension and welfare funds); 120 Cong. Rec. 4279-4280 (1974) (remarks of Rep. Brademas); id., at 4277-4278 (remarks of Rep. Perkins); 119 Cong. Rec. 30003 (1973) (remarks of Sen. Williams).
[ Footnote 11 ] Section 505, 88 Stat. 894, provides, in part: "Subject to title III and section 109, the Secretary may prescribe such regulations as he finds necessary or appropriate to carry out the provisions of this title. Among other things, such regulations may define accounting, technical, and trade terms used in such provisions . . . ."
[ Footnote 12 ] See n. 6, supra.
[ Footnote 13 ] The Secretary's regulation provides, in part: "(b)(1) Payment by an employer of compensation on account of work performed by an employee, including compensation at a rate in excess of the normal rate of compensation on account of performance of duties under other than ordinary circumstances, such as - "(i) Overtime pay, "(ii) Shift premiums, "(iii) Holiday premiums, "(iv) Weekend premiums." 29 CFR 2510.3-1(b)(1) (1987).
[ Footnote 14 ] See United States Dept. of Labor, ERISA Opinion Letter No. 79-48A (July 30, 1979) (sick leave).
[ Footnote 15 ] A 1988 survey reflects that paid vacations are provided to 98 percent of the 31,000,000 employees in medium and large establishments. United States Dept. of Labor, Bureau of Labor Statistics, BLS Reports on Employee Benefits in Medium and Large Firms in 1988, pp. 1, 4 (Apr. 4, 1989) (press release). Another survey of 833 companies in manufacturing and nonmanufacturing industries found that 86 percent of them provided payments for, or in lieu of, vacations. United States Chamber of Commerce, Employee Benefits 1986, p. 21 (1987).
[ Footnote 16 ] A 1983 survey found that state agencies each year resolve more than 19,000 vacation pay claims, involving more than $7.5 million. Note, 16 Loyola U. Chi. L. J. 387, 422 (1985).
[ Footnote 17 ] Many States have provisions for the vesting of vacation benefits, see Note, 87 Colum. L. Rev. 1702, 1714 (1987), and for the administrative resolution of vacation pay claims, Note, 16 Loyola U. Chi. L. J., at 421-422. An interpretation of ERISA to include ordinary vacation pay would imperil these mechanisms designed for the benefit of employees.
[ Footnote 18 ] We therefore have no occasion to address the Commonwealth's alternative argument that Mass. Gen. Laws 149:148 (1987) is a "generally applicable criminal law of a State" within the meaning of ERISA 514(b)(4), 29 U.S.C. 1144(b)(4). [490 U.S. 107, 122]
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2004 Mayacamas Cabernet SauvignonSold OutOnly 3 left!
Brand: Mayacamas
High on the slopes of Mount Veeder, Mayacamas Vineyards has been a source of legendary California wine since 1889. Since the 1950's the vinification and élevage of Mayacamas remains remarkably consistent and our continued commitment to employ classical techniques and tools is integral to the character of these wines. The mountain terroir at Mayacamas ranges from 1,800 to 2,400 feet in elevation and the estate spans 475 acres, only 50 of which are dedicated to vine.


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A Look At Iowa's First Majority Hispanic Town
A Look At Iowa's First Majority Hispanic Town
(This report is part of the Morning Edition series "2 Languages, Many Voices: Latinos In The U.S.," looking at the ways Latinos are changing — and being changed — by the U.S.)
One place the Hispanic population is growing is in the overwhelmingly white state of Iowa. The latest census figures show the Hispanic population, while only 5 percent of the state, has almost doubled since 2000.
And one small town — West Liberty — is the first in Iowa to have a majority Hispanic population.
Sending money to relatives in Mexico is a popular way for families to support each other. West Liberty's East 3rd Street is reflected in this window.Benjamin Roberts
Downtown West Liberty, Iowa, is quintessentially Midwestern American, both quaint and historic, with brick buildings lining brick streets. A typical stroll involves walking past the bank, a renovated theater, a hair salon, restaurants and stores.
West Liberty Mayor Chad Thomas says that unlike a lot of other small Midwestern towns that are dying, West Liberty is alive.
"I see a lot of businesses that are open, and not vacant storefronts," Thomas says. "Probably half of the businesses are Hispanic-owned."
Next to Paul Revere's Pizza on 3rd Street is Tienda La Luna, and next to the American Legion Hall is the popular Acapulco Mexican Bakery.
Now at 3,700 people and counting, the eastern Iowa town is growing and thriving, Thomas says.
"If you didn't have the Hispanic population here in town, yeah, we would be much more like a lot of smaller towns, and there would be a lot more storefronts that are empty," he says.
And unlike other parts of the Midwest that are attracting Latino immigrants, the Hispanic population in West Liberty is not new.
"I mean, we're very unique in that there's folks in this community, in the Hispanic community, that are here in their fifth and sixth generation," Thomas says.
In the 2000 census, West Liberty was already well over 40 percent Latino, and has been steadily growing for decades.
The first big surge in Latino immigrants arrived in the 1930s for jobs in what was then a Louis Rich turkey processing plant.
That plant, now called West Liberty Foods, is still a draw for some newcomers. But most of the recent increase in the Hispanic population comes from growing, established families who came for the Louis Rich jobs, stayed and planted roots in this quiet, safe and friendly small town.
Jose Zacarias is among them. The 56-year-old moved to West Liberty from Mexico in 1984, working first in the turkey processing plant, a job he said was dirty, grueling and dangerous. By learning English, he was able to get better factory jobs. They were farther away, but Zacarias continued living in West Liberty.
He bought a big old farmhouse on the outskirts of West Liberty 20 years ago and raised three boys there. He called it and the two acres around him "a quiet piece of heaven" — until the new high school was built nearby a few years ago.
He considers many Anglos among his closest friends, and says the white and Hispanic communities in West Liberty get along well. But he says it wasn't always this way.
Students walk through the hallways of West Liberty Elementary School. Schools in the town were the first in the state to offer dual-language programs.Benjamin Roberts/Benjamin Roberts
"When I arrived here in '84, they told me that such and such businessman wouldn't allow it, like for instance, the bar owners, wouldn't allow Mexican customers there, or they despise them openly, or things like that," Zacarias says.
But Zacarias and others in West Liberty say such conflicts gradually faded away, especially as Hispanics became more economically integrated into the community, and as the schools better integrated the community's children.
The West Liberty school system has what was the first dual-language program in the state.
Students take all of their classes in both Spanish and English, switching from an English-language teacher in the morning to a Spanish-language teacher in the afternoon.
West Liberty Elementary School principal Nancy Gardner says the program is voluntary, with half of the spots reserved for kids who speak English primarily at home, and half for those who speak Spanish.
"And in the end, all the students then become bilingual, biliterate and bicultural," Gardner says.
The dual language program is now in its 14th year, and last spring graduated its first high school senior class of students who started as kindergartners.
The program is so successful, several Anglo families have moved to West Liberty from nearby Iowa City, Muscatine and other towns specifically to enroll their kids. The program, which now has a waiting list, is being duplicated in a handful of other Iowa school districts with growing Hispanic populations.
At a time when many communities around the country struggle with an anti-immigrant and anti-Latino backlash, West Liberty is embracing and celebrating its cultural diversity. But according to many here, including Zacarias, West Liberty is still not a bicultural utopia.
"What I'm saying is we don't have an integrated community," he says.
Zacarias, who was sworn in as a U.S. citizen only a few weeks ago, says this is especially true when it comes to civic involvement. For example, with local elections coming up next month, he says he recently attended a forum for school board candidates. About 30 or 40 people showed up, but he says he was the only Hispanic there. He says he is taking matters into his own hands by running for a seat on the West Liberty City Council.
"We need to get together with the Hispanics and say, we are no longer a minority, we have some responsibilities, and we need to get organized," he says. "We've run out of excuses. It's time to do some work."
Correction Oct. 11, 2011
A previous headline incorrectly characterized West Liberty, Iowa, as the nation's first majority Hispanic town. The town is the first in Iowa to be majority Hispanic.


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In a previous article I outlined the reasons why I consider stock buybacks to be inferior to dividends. Nevertheless it pays to know which the largest repurchasers of their common stocks are. I am also a supporter of companies doing both stock buybacks while regularly raising dividends.
The 20 largest stock buybacks from the 1Q 2009 are listed below: (source S&P)
The decrease in buybacks was about 73% in comparison to the first quarter of 2008. S&P 500 companies spent $30.8 billion buying back their own stock in 1Q 2009 versus $113.9 billion in 1Q 2008.
It's interesting to note that several prominent dividend stocks appear on the list.
Exxon Mobil (XOM) accounted for the majority of buybacks in the first quarter, after purchasing $7.85 billion worth of its own stock. This was slightly down from the $8.845 billion spent on buybacks in 4Q 2008. In comparison the largest oil and gas company in the US paid only $1.98 billion in dividend payments for the quarter. Exxon Mobil has been consistently increasing its dividends for 27 consecutive years, with its most recent dividend payment being 42 cents/share. Check my analysis of Exxon Mobil (XOM).
International Business Machines (IBM) was the third largest company repurchasing its shares, after spending $1.765 billion in the first quarter 2009 and $47.945 billion since 2004. This was higher from the $0.74 billion spent on buybacks in 4Q 2008.In comparison "Big Blue", as traders on the NYSE call this global tech behemoth, spent only $675 million on dividends in the same quarter. IBM has been consistently increasing its dividends for 14 consecutive years, with its most recent dividend payment being $0.55/share . Check my analysis of IBM.
Procter & Gamble (PG) spent $1.122 billion on buybacks versus $1.215 billion on dividends. In comparison the company spent $1.332 billion on share buybacks and $1.239 billion on dividend payments. The money spent on buybacks translates into 38 to 44 cents/share for each of the past two quarters. This provider of branded consumer goods products worldwide has spent over $43 billion on share buybacks between 4Q 2004 and 1Q 2009, which was much larger than the amount of total dividends paid for the same period. Procter & Gamble is a dividend aristocrat, which has been increasing its dividends for the past 53 consecutive years, with its most recent dividend payment being 44 cents/share . Check my analysis of Procter & Gamble (PG).
Another notable company on the share repurchasing front is Johnson & Johnson (JNJ). The company repurchased $834 million worth of stock in 1Q 2009 versus $878 million bought in 4Q 2008. The money spent on buybacks translates into 30 cents/share for each of the past two quarters. In comparison this healthcare company spent $1.273 billion on dividends for each of the last two quarters. JNJ has been consistently increasing its dividends for 47 consecutive years, with its most recent dividend payment being 49 cents/share. Check my analysis of Johnson and Johnson (JNJ).
McDonald's (MCD) returned $813 million and $553.4 million respectively on stock buybacks and dividend distributions in the latest quarter. The stock buyback translates into $0.70/share for the quarter, which could have been paid as a cash dividend. McDonald's has been consistently increasing its dividends for 32 consecutive years, with its most recent dividend payment being 50 cents/share. Check my analysis of McDonald's (MCD).
Wal-Mart Stores (WMT) returned $886 million and $1.067 billion on share repurchases and dividends for the latest quarter. The money spent on buybacks translates into 22.50 cents/share for the latest quarter. In comparison, the world's largest retailer returned $932 million in the form of dividends and zero in the form of stock buybacks in the previous quarter. Most recently it announced a new share repurchase program that gives the company authorization to repurchase $15 billion of its shares. Wal-Mart (WMT) has increased its quarterly dividend in each of the past thirty-five years, with its most recent dividend payment being 27.3 cents/share. Check my analysis of WMT.
Overall, the money spent on stock buybacks, does increase earnings per share in the long run, which also leaves room for faster dividend growth. This could also lower total dividend costs paid by corporations down the road.
In the end I enjoy a balanced approach, where companies do both dividends and share buybacks. My preference is on dividends, as I view share buybacks as a way to share the wealth with shareholders only during good times. The recent Standard and Poors report shows the steep declines in share repurchases in the first quarter of 2009. This confirms my theory that stock buybacks are similar to special dividends, and should not be taken into consideration when evaluating the income attractiveness of dividend stocks. However while both methods have their pros and cons, when used carefully, they could strongly add to the total returns of long-term shareholders.
Relevant Articles:
- Dividends versus Share Buybacks/Stock repurchases
- Dividends and Stock Buybacks in the news
- Exxon Mobil (XOM) Dividend Stock Analysis
- IBM Dividend Stock Analysis
Wednesday, June 24, 2009
Largest Stock Buybacks for first quarter of 2009
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Intravenous medication therapy has a multitude of uses ranging from fluid stabilization to the administration of medicine. One of the primary purposes of IV-based therapy is to help maintain homeostasis within the body. Healthy individuals can regulate ADH, the hormone responsible for controlling bodily functions such as blood pressure and osmolality, normally; however, individuals that do not have proper function must rely heavily on intravenously administered medication or fluids.
One of the most common conditions treated with IV-based administration is dehydration. Dehydration can happen to any individual, but it is a cause for concern especially in the elderly due to the extended time their bodies need to acclimate to different conditions. The elderly should not fear the use of IV-based medication; this administration will be much faster than taking the medication in any other form.
As is the case with any medication, IV-based medication should be closely monitored to prevent any complications. Many metrics can be used to determine the effectiveness of IV-based medicine. The main changes that should be watched are the normalization of sodium and a reduced heart rate. However, these effects may also not be demonstrated; many factors can affect the positive or negative impact of a successful IV administration of medication. These include a recent injury and the improper use of diuretics. The use of IV-based medication is a smart and effective method to help not just the elderly but anyone requiring the administration of medication and fluids.
At MediLodge of Rogers City we look forward to treating all of our residents with the best care possible for their specific needs.
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MillerCoors Weathers Tough First Quarter
MillerCoors Weathers Tough First Quarter
New Above Premium Innovations Help Drive 4.0% Increase in Domestic Net Revenue Per Barrel
Profit Held Back by Weaker Volume, Commodity Inflation and Marketing of New Brand Launches
LONDON & DENVER--(BUSINESS WIRE)-- SABMiller plc (LN:SAB; OTC:SABMRY) and Molson Coors Brewing Company (NYSE: TAP; TSX: TPX) reported that pricing and growth in sales of above premium brands at MillerCoors drove a 4.0 percent increase in domestic net revenue per barrel versus the same quarter in the prior year. MillerCoors underlying net income declined 1.2 percent in the first quarter to $271.9 million versus the same quarter in the prior year.
"Across the country, beer volumes were challenged in the first quarter due to a combination of tough comparatives led by last year's unseasonably warm weather and the payroll tax increase that impacted our core beer drinkers' disposable income," said MillerCoors Chief Executive Officer Tom Long. "However, our portfolio transformation strategy is working as evidenced by our growth in domestic net revenue per barrel, so there is reason for optimism as our strategy unfolds. Our new brand launches, Redd's Apple Ale and Third Shift, gained early traction with consumers and retailers ahead of our initial projections, and Tenth and Blake continues to deliver strong results led by Blue Moon."
First Quarter Highlights
Unless otherwise indicated, all amounts are in U.S. dollars and calculated in accordance with U.S. GAAP. All percentages are versus the prior year comparable period and include MillerCoors operations in the U.S. and Puerto Rico. Quarterly sales-to-retailers (STRs) results are presented on a trading-day-adjusted basis, as the first quarter of 2013 had one less trading day compared with the same quarter in the prior year.
Total net sales increased 1.6 percent to $1.788 billion for the quarter.
Total cost of goods sold (COGS) per barrel increased 3.7 percent for the quarter.
Underlying net income (a non-GAAP measure) decreased 1.2 percent to $271.9 million for the quarter.
Domestic net revenue per barrel, excluding contract brewing and company-owned distributor sales, increased 4.0 percent for the quarter, representing the highest increase since Q1 2009.
Domestic STRs decreased 3.3 percent for the quarter.
Domestic sales-to-wholesalers (STWs) decreased 2.5 percent for the quarter.
Brand Highlights for the First Quarter
MillerCoors Premium Light STRs decreased mid-single digits in the quarter. Coors Light declined low-single-digits in the quarter. The brand continues to lead the premium light segment in share growth through continued reinforcement of its "refreshment as cold as the Rockies" positioning in advertising, including several new "Explorers" TV spots, as well as through packaging innovation with the launch of the "World's Most Refreshing Can" this month with several functional features that will drive consumer engagement. The brand will continue to grow its appeal to multicultural consumers with the strength of its Liga MX Hispanic soccer alliance and the "Search for the Coldest" program with rapper/actor Ice Cube.
Miller Lite declined high-single digits for the quarter. The "It's Miller Time" campaign is well-positioned around camaraderie and is resonating emotionally with our consumers, particularly within social media where Facebook followers have doubled since the launch of the program. We launched new executions of the "It's Miller Time" campaign in March featuring celebrities Ken Jeong, Chuck Liddell and Questlove. We will follow up the successful punch top can launch of last year with the launch of the new Miller Lite iconic bottle in the on-premise channel nationally this month.
Tenth and Blake Beer Company grew the MillerCoors Craft and Import portfolio by high-single digits in the quarter, driven by Blue Moon Brewing Company and the continued national expansion of Batch 19. Blue Moon continued its strong growth, up high-single digits in the quarter. Peroni Nastro Azzurro continued its growth, up low-single digits for the quarter. Jacob Leinenkugel Brewing Company's growth slowed to low-single digits for the quarter as the Summer Shandy brand was adversely affected by unseasonably warm weather in the prior year.
MillerCoors launched Redd's Apple Ale and Third Shift nationally in the first quarter as it focused on creating innovative new products in the fast-growing, higher-margin segments of the beer industry. Redd's Apple Ale was launched with a Super Bowl TV ad in local markets across the country and we continue to market the brand aggressively to increase awareness. Third Shift debuted in March and was prominently advertised across the country during the March Madness men's college basketball tournament. Distribution and volume on both brands are incremental to our business as many consumers are new to the MillerCoors portfolio of brands.
The MillerCoors Economy portfolio declined mid-single digits in the quarter. Miller High Life continued its veterans program and will kick off a partnership this month to celebrate the 110th anniversaries of two iconic American brands: Miller High Life and Harley-Davidson. Keystone Light continued to drive its "Always Smooth" positioning primarily through digital engagement and localized marketing efforts and introduced new packaging in late February.
The Premium Regular portfolio declined mid-single digits. The continued growth of Coors Banquet, which grew mid-single digits for the quarter, was offset by Miller Genuine Draft's double digit decline. Coors Banquet remains the only national Premium Regular brand in the industry to gain market share in the quarter.
Financial Highlights for the First Quarter
Domestic net revenue per barrel grew 4.0 percent for the quarter as a result of strong net pricing and favorable mix, the largest increase since Q1 2009.
Total company net revenue per barrel, including contract brewing and company-owned distributor sales, increased 3.6 percent for the quarter. Third-party contract brewing volumes were up 3.2 percent for the quarter.
Total COGS per barrel increased 3.7 percent for the quarter, driven by commodity inflation, brand and packaging innovation and volume softness.
Marketing, general and administrative costs increased 3.5 percent for the quarter, driven primarily by increased marketing investments in support of the national launches of Redd's Apple Ale and Third Shift.
In the first quarter, $16 million of cost savings were achieved, primarily related to procurement savings, logistics savings and brewery efficiencies.
Depreciation and amortization expenses for MillerCoors in the first quarter were $69.7 million, and additions to tangible and intangible assets totaled $55.7 million.
There were no special charges during the first quarter.
Overview of MillerCoors
Built on a foundation of great beer brands and nearly 300 years of brewing heritage, MillerCoors continues the commitment of its founders to brew the highest quality beers. MillerCoors is the second-largest beer company in the United States, capturing nearly 30 percent of beer sales in the U.S. and Puerto Rico. Led by two of the best-selling beers in the industry, MillerCoors has a broad portfolio of brands across every major industry segment. The portfolio is led by the company's premium light brands: Coors Light, Miller Lite and Miller64. Coors Light, the World's Most Refreshing Beer, offers consumers refreshment as cold as the Rockies. Miller Lite established the American light beer category in 1975, offering beer drinkers a light beer that tastes like beer should. Miller64 is 64 calories of crisp, light taste that complements a balanced lifestyle. MillerCoors brews premium beers Coors Banquet and Miller Genuine Draft, and economy brands Miller High Life and Keystone Light. Crisp like an apple. Brewed like an ale. Redd's Apple Ale is an apple flavored golden ale with low malt and bitterness cues. Third Shift Amber Lager is an award-winning beer brewed by the Band of Brewers - a group of talented brewers across the MillerCoors network. Tenth and Blake Beer Company, MillerCoors craft and import division, imports Peroni Nastro Azzurro, Pilsner Urquell and Grolsch and features craft brews from the Jacob Leinenkugel Brewing Company, Blue Moon Brewing Company and the Blitz-Weinhard Brewing Company. MillerCoors operates eight major breweries in the U.S., as well as the Leinenkugel's craft brewery in Chippewa Falls, Wisc., and two microbreweries, the Tenth Street Brewery in Milwaukee and the Blue Moon Brewing Company at Coors Field in Denver. MillerCoors vision is to create the best beer company in America through great people changing the way America enjoys beer. MillerCoors builds its brands the right way through brewing quality, responsible marketing and sustainable environmental and community impact. MillerCoors is a joint venture of SABMiller plc and Molson Coors Brewing Company. Learn more at www.MillerCoors.com, at facebook.com/MillerCoors or on Twitter through @MillerCoors.
Overview of SABMiller
SABMiller plc is one of the world's leading brewers with more than 200 beer brands and some 70,000 employees in over 75 countries. The group's portfolio includes global brands such as Pilsner Urquell, Peroni Nastro Azzurro, Miller Genuine Draft and Grolsch; as well as leading local brands such as Aguila (Colombia), Castle (South Africa), Miller Lite (USA), Snow (China), Victoria Bitter (Australia) and Tyskie (Poland). SABMiller also has growing soft drinks businesses and is one of the world's largest bottlers of Coca-Cola products.
In the year ended 31 March 2012, the group reported EBITA of US$5,634 million and group revenue of US$31,388 million. SABMiller plc is listed on the London and Johannesburg stock exchanges. For more information on SABMiller plc, visit the company's website: www.sabmiller.com.
Overview of Molson Coors
Molson Coors Brewing Company is one of the world's largest brewers. It brews, markets and sells a portfolio of leading premium quality brands such as Coors Light, Molson Canadian, Molson Dry, Staropramen, Carling, Coors Banquet and Keystone Light in North America, Europe and Asia. For more information on Molson Coors Brewing Company, visit the company's web site: www.molsoncoors.com.
Forward-Looking Statements
This press release includes "forward-looking statements" within the meaning of the U.S. federal securities laws, and language indicating trends, such as "anticipated" and "expected."It also includes financial information, of which, as of the date of this press release, the Companies' independent auditors have not completed their audit.Although the Companies believe that the assumptions upon which their respective financial information and their respective forward-looking statements are based are reasonable, they can give no assurance that these assumptions will prove to be correct.Important factors that could cause actual results to differ materially from the Companies' projections and expectations are disclosed in Molson Coors' filings with the Securities and Exchange Commission or in SABMiller's annual report and accounts for the year ended March 31, 2012, and in other documents which are available on SABMiller's website atwww.sabmiller.com.These factors include, among others, changes in consumer preferences and product trends; price discounting by major competitors; failure to realize anticipated results from synergy initiatives; and increases in costs generally.All forward-looking statements in this press release are expressly qualified by such cautionary statements and by reference to the underlying assumptions.Neither SABMiller nor Molson Coors undertakes to update forward-looking statements relating to their respective businesses, whether as a result of new information, future events or otherwise.You should not place undue reliance on any forward-looking statement. Neither SABMiller nor Molson Coors accepts any responsibility for any financial information contained in this press release relating to the business or operations or results or financial condition of the other or their respective groups.
MillerCoors Results and Related Reconciliations
The table below reconciles net income attributable to MillerCoors, reported in accordance with U.S. GAAP as used for inclusion within Molson Coors reported results, to MillerCoors EBITA as used for inclusion within SABMiller's reported results in accordance with IFRS. Underlying net income and EBITA are non-GAAP measures. Management of both companies believes that underlying net income and EBITA provide shareholders with a useful basis for assessing the profit performance of MillerCoors. There are limitations to using non-GAAP financial measures, including the difficulty associated with comparing companies that use similarly named non-GAAP measures whose calculations may differ from the company's calculations.
Three Months Ended
(In millions of $US)
Mar 31,
Mar 31,
U.S. GAAP : Net Income Attributable to MillerCoors
Plus: Special/Exceptional Items1
Non-GAAP Underlying Net Income
Plus: Adjustments to IFRS Underlying EBITA2
IFRS : MillerCoors underlying earnings before interest, taxes and amortization before exceptional items (EBITA3)
Percent change versus prior year MillerCoors underlying EBITA3
1There were no Special/Exceptional Items in the current or prior year.
2U.S. GAAP Underlying net income to IFRS EBITA adjustments relate to differing treatment of step-up depreciation, pension, post-retirement benefits, consolidation of container joint ventures, asset disposals, share-based compensation and severance expenses between U.S. GAAP and IFRS. Amortization of intangible assets, interest, taxes and non-controlling interest have been removed to arrive at underlying EBITA.
3EBITA - Earnings Before Interest, Taxes, and Amortization, excluding exceptional items.
Three Months Ended
Mar 31,
Mar 31,
Volume in Barrels
Excise Taxes
Net Sales
Cost of Goods Sold
Gross Profit
Marketing, General and Administrative Expenses
Special Items, net
Operating Income
Other Income (Expense), net
Income Before Income Taxes and Non-controlling Interests
Income Taxes
Net Income
Net Income Attributable to Non-controlling Interests
Net Income Attributable to MillerCoors LLC
+44 20 7659 0100 / 414-931-2000
Richard Farnsworth, +44 207 659 0188 (Mobile)
Media Relations
Gary Leibowitz, +44 771 742 8540 (Mobile)
Investor Relations
Molson Coors
Colin Wheeler, 303-927-2443
Media Relations
Dave Dunnewald, 303-927-2334
Investor Relations
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The first Steam Machines will ship on December 13, Valve said this afternoon. Three hundred beta testers will win their very own high-powered Steam Machines, complete with crazy trackpad controllers and free SteamOS games.
If you won, you're getting one hell of a computer. Lucky bastard.
Winners will be notified at 2pm Pacific, so start crossing your fingers now. Sadly for our overseas friends, Valve said they had to limit the beta to U.S. Steam users, "because the alternative was to delay the whole beta beyond the point when we'd be able to incorporate any feedback into the 2014 products."
Valve says SteamOS will be downloadable for anyone when the Steam Machines ship, and the in-home streaming beta will also begin soon. We'll find out more about retail Steam Machines at CES in January.


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No worries at 100
July 16, 2007
By JOHN FLOWERS
BRISTOL — While his body doesn't work as well as it once did, Sam Svrcek's mind — and his sense of humor, in particular — remain very sharp as he joins the country's exclusive club of centenarians.
Asked on Thursday — the eve of his 100th birthday — how he has managed to live so long, Svrcek grinned, looked off into the sky, and replied matter-of-factly, "I gave up my pipe three years ago. Maybe that's what's helped me live longer."
Many friends, family members and acquaintances were scheduled to stop in at Svrcek's Elm Street home on Friday to congratulate him on his landmark birthday. The administrations of President George W. Bush and Vermont Gov. James Douglas have already sent warm wishes; their signed cards are included amongst a large black-and-white photo display in Svrcek's living room that chronicles his ongoing odyssey through life.
Svrcek was born in Manhattan, N.Y., on July 13, 1907. Theodore Roosevelt was president of the United States. It was the year during which Oklahoma was admitted as the 46th state and the hapless Chicago Cubs won baseball's World Series. A postage stamp cost 2 cents.
Svrcek recalled how he and his brother, John, attended Public School #25 in Flushing Heights, N.Y. The school happened to be located right next to a golf course, providing Svrcek and some of his classmates with some fun and spare change during some tough financial times.
"When (the golf course) needed a caddy, they used to call my principal and ask if any of the students could caddy," Svrcek said.
The principal would pick the caddies according to discipline and academic achievement. In a move that would make some educational purists cringe in this day and age, the principal would allow top students to leave school early to caddy. Svrcek was one of the lucky few.
"It was a gift," Svrcek said of the caddying privilege.
Svrcek parlayed his caddying into bigger things at the course. The golf pro at the course happened to be the legendary Gene Sarazin, who would go on to win many national competitions. Sarazin took Svrcek under his wing and allowed him to work in the course's pro shop, polishing golf clubs and doing other odd jobs. Svrcek said the job netted him and his family some needed cash at the dawn of the Great Depression.
While Svrcek would enjoy golf as a hobby throughout life, he left the business as a young teenager. He said organized crime played a big role in golf during the early 20th century.
"In those days, golf wasn't a clean business," Svrcek said. "My mother asked me, 'why do you want to be mixed up with gangsters?' I had to agree."
It was just as well because Svrcek found his true calling a few years later, when he was 16. He was offered a job with the New York Telephone Co., with whom he would spend the next 49 years — many of them as a pole climber.
In those days they didn't have the bucket lifts that currently raise workers up to telephone lines. Svrcek and his colleagues were fitted with special spurs to climb up to the lines — in all kinds of weather.
"When there was ice on the poles, you'd have to knock it off while you climbed," Svrcek said, pantomiming a swipe with his left hand.
He traveled throughout the state, going wherever the telephone company needed him to troubleshoot following storms and hurricanes, and lay what he called "bare copper wire."
"I never got hurt," he said proudly of his long career.
Svrcek continued to live in New York for a while after retiring from the phone company at the age of 65. But he and his late wife, Bertha, moved to Bristol during the early 1980s to be close to their son, William. The pair remain neighbors.
Bertha Svrcek died five years ago at the age of 92. They had been married for 72 years. The couple had two children, William and Evelyn (Rice). Svrcek has five grandchildren and four great-grandchildren.
He said he feels fortunate to have enjoyed a long, healthy life and retirement. He has been an avid hunter and bowler. Svrcek bowled a perfect "300" game in 1936.
Evelyn Rice, who was up from Pennsylvania last week for the birthday bash, said her dad's personality and demeanor have contributed to his longevity.
"He's enjoyed life," she said. "He's also a very accepting person, accepting people for who they are."
Svrcek has eaten balanced meals and hasn't really snacked a lot. He still socializes occasionally with a group of Bristol seniors that includes George Smith, Harland Wendell and Fred Jackman.
As the interview comes to a close, Svrcek offers another clue to reaching the age of 100.
"I'm not a worrying man," he said.
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