text:
(Effective October, 1 2000 as amended)
1. Applicability of Order.
This order shall apply to all persons employed in industries preparing agricultural products for market, on the farm, whether paid on a time, piece rate, commission, or other basis, except that:
(A) Provisions of sections 3 through 12 of this Order shall not apply to persons employed in administrative, executive, or professional capacities. The following requirements shall apply in determining whether an employees duties meet the test to qualify for an exemption from those sections:
(1) Executive Exemption. A person employed in an executive capacity means any employee:
(a) Whose duties and responsibilities involve the management of the enterprise in which he or she is employed or of a customarily recognized department or subdivision thereof; and
(b) Who customarily and regularly directs the work of two or more other employees therein; and
(c) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and
(d) Who customarily and regularly exercises discretion and independent judgment; and
(e) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. §§ 541.102, 541.104-111, 541.115-116. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the work week must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employers realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement.
(f) Such an employee must also earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment is defined in Labor Code § 515(c) as 40 hours per week.
(2) Administrative Exemption. A person employed in an administrative capacity means any employee:
(a) Whose duties and responsibilities involve either:
(1) The performance of office or non-manual work directly related to management policies or general business operations of his employer or his employers customers, or
(2) The performance of functions in the administration of a school system, or educational establishment or institution, or of a department of subdivision thereof, in work directly related to the academic instruction or training carried on therein; and
(b) Who customarily and regularly exercises discretion and independent judgment; and
(c) (1) Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity (as such terms are defined for purposes of this section) , or
(2) who performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge, or
(3) who executes under only general supervision special assignments and tasks, and
(d) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and non-exempt work shall be construed in the same manner as such terms are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.F.R. §§ 541.201-205, 541.207-208, 541.210, 541.215. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the work week must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employers realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement.
(e) Such employee must also earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full time is defined in Labor Code § 515(c) as 40 hours per week.
(3) Professional Exemption. A person employed in a professional capacity means any employee who meets all of the following requirements:
(a) (1) Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or
(2) Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For the purposes of this subsection, "learned or artistic profession" means an employee who is primarily engaged in the performance of:
(i) Work requiring knowledge of an advanced type in a field or science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes or work that is an essential part of or necessarily incident to any of the above work; or
(ii) Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training) , and the result of which depends primarily on the invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident to any of the above work; and
(iii) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time.
(b) Who customarily and regularly exercises discretion and independent judgment in the performance of duties set forth in paragraph (a) .
(c) Who earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment is defined in Labor Code §515 (c) as 40 hours per week.
(d) Subsection (a)(2) above is intended to be construed in accordance with the following provisions of federal law as they existed as of the date of this Wage Order: 29 C.F.R. §§ 541.207, 541.301(a) -(d) , 541.302, 541.306, 541.307, 541.308, and 541.310.
(e) Notwithstanding the provisions of this subsection, pharmacists employed to engage in the practice of pharmacy, and registered nurses employed to engage in the practice of nursing, shall not be considered exempt professional employees, nor shall they be considered exempt from coverage for the purposes of this subsection unless they individually meet the criteria established for exemption as executive or administrative employees.
(f) Subsection (e) above, shall not apply to the following advanced practice nurses shall:
(1) Certified nurse midwives who are primarily engaged in performing duties for which certification is required pursuant to Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2 of the Business and Professions Code.
(2) Certified nurse anesthetists who are primarily engaged in performing duties for which certification is required pursuant to Article 7 (commencing with Section 2825) of Chapter 6 of Division 2 of the Business and Professions Code.
(3) Certified nurse practitioners who are primarily engaged in performing duties for which certification is required pursuant to Article 8 (commencing with Section 2834) of Chapter 6 of Division 2 of the Business and Professions Code.
(4) Nothing in this paragraph shall exempt the occupations set forth in subparagraphs (1) , (2) , and (3) from meeting the requirements of subsection 1(A)(3)(a) -(c) , above.
(g) Except as provided in subsection (h) , an employee in the computer software field shall be exempt, if all of the following apply:
(1) The employee is primarily engaged in work that is intellectual or creative and that requires the exercise of discretion and independent judgment, and the employee is primarily engaged in duties that consist of one or more of the following:
(i) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications.
(ii) The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to, user or system design specifications.
(iii) The documentation, testing, creation, or modification of computer programs related to the design of software or hardware for computer operating systems.
(2) The employee is highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering. A job title shall not be determinative of the applicability of this exemption.
(3) The employee's hourly rate of pay is not less than forty-one dollars ($41.00) . The Division of Labor Statistics and Research shall adjust this pay rate on October 1 of each year to be effective on January 1 of the following year by an amount equal to the percentage increase in the California Consumer Price Index for Urban Wage Earners and Clerical Workers.
(h) The exemption provided in subsection (g) does not apply to an employee if any of the following apply:
(1) The employee is a trainee or employee in an entry-level position who is learning to become proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.
(2) The employee is in a computer-related occupation but has not attained the level of skill and expertise necessary to work independently and without close supervision.
(3) The employee is engaged in the operation of computers or in the manufacture, repair, or maintenance of computer hardware and related equipment.
(4) The employee is an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and who is skilled in computer-aided design software, including CAD/CAM, but who is not in a computer systems analysis or programming occupation.
(5) The employee is a writer engaged in writing material, including box labels, product descriptions, documentation, promotional material, setup and installation instructions, and other similar written information, either for print or for on screen media or who writes or provides content material intended to be read by customers, subscribers, or visitors to computer-related media such as the World Wide Web or CD-ROMs.
(6) The employee is engaged in any of the activities set forth in subsection (g) for the purpose of creating imagery for effects used in the motion picture, television, or theatrical industry.
(B) The provisions of this Order shall not apply to employees directly employed by the State or any county, incorporated city or town or other municipal corporation, or to outside salespersons.
(C) Provisions of this Order shall not apply to any individual who is the parent, spouse, child, or legally adopted child of the employer.
(D) Effective January 1, 2001, the provisions of this Order shall not apply to any individual participating in a national service program, such as AmeriCorps, carried out using assistance provided under Section 12571 of Title 42 of the United States Code. (See Stats. 2000, ch. 365, amending Labor Code § 1171.)
2. Definitions.
(A) "Commission" means the Industrial Welfare Commission of the State of California.
(B) "Division" means the Division of Labor Standards Enforcement of the State of California.
(C) "Industries Preparing Agricultural Products for Market, on the Farm" means any operation performed in a permanently fixed structure or establishment on the farm or on a moving packing plant on the farm for the purpose of preparing agricultural, horticultural, egg, poultry, meat, seafood, rabbit, or dairy products for market when such operations are done on the premises owned or operated by the same employer who produced the products referred to herein and includes all operations incidental thereto.
(D) An "alternative workweek schedule" means any regularly scheduled workweek requiring an employee to work more than eight (8) hours in a 24-hour period.
(E) "Employ" means to engage, suffer, or permit to work.
(F) "Employee" means any person employed by an employer.
(G) "Employer" means any person as defined in Section 18 of the Labor Code, who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person.
(H) "Hours worked" means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.
(I) "Minors" means, for the purpose of this Order, any person under the age of eighteen (18) years.
(J) "Outside Salesperson" means any person, 18 years if age or over, who customarily and regularly works more than half the working time away from the employers place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities.
(K) "Primarily" as used in section 1, Applicability, means more than one-half the employees work time.
(L) "Shift" means designated hours of work by an employee, with a designated beginning time and ending time.
(M) "Split shift" means a work schedule which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods.
(N) "Teaching" means, for the purpose of section 1 of this Order, the profession of teaching under a certificate from the Commission for Teacher Preparation and Licensing.
(O) "Wages" (See California Labor Code, section 200)
(P) "Workday" and "day" mean any consecutive 24-hour period beginning at the same time each calendar day.
"Workweek" and "week" mean any seven (7) consecutive days, starting with the same calendar day each week. "Workweek" is a fixed and regularly recurring period of 168 hours, seven (7) consecutive 24-hour periods.
3. Hours and Days of Work.
Daily Overtime- General Provisions
(A) The following overtime provisions are applicable to employees eighteen (18) years of age or over and to employees sixteen (16) or seventeen (17) years of age who are not required by law to attend school and are not otherwise prohibited by law from engaging in the subject work. Such employees shall not be employed more than eight (8) hours in any workday or more than forty (40) hours in any workweek unless the employee receives one and one-half (1 �) times such employees regular rate of pay for all hours worked over forty (40) hours in the workweek. Eight (8) hours of labor constitutes a days work. Employment beyond eight (8) hours in any workday or more than six (6) days in any workweek is permissible under the following conditions:
(1) Any work by an employee in excess of seventy-two (72) hours in any one workweek shall be on a voluntary basis. No employee shall be discharged or in any other manner discriminated against or refusing to work in excess of seventy-two (72) hours in any one workweek; and
(2) Overtime hours shall be compensated at:
(a) One and one-half (1 �) times the employees regular rate of pay for all hours worked in excess of eight (8) hours up to and including twelve (12) hours in any workday, and for the first eight (8) hours worked on the seventh (7th) consecutive day of work in a workweek; and
(b) Double the employees regular rate of pay for all hours worked in excess of twelve (12) hours in any workday and for all hours worked in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek.
(c) The overtime rate of compensation required to be paid to a nonexempt full-time salaried employee shall be computed by using the employees regular hourly salary as one fortieth (1/40) of the employees weekly salary.
Alternative Workweek Schedules
(B1) No employer shall be deemed to have violated the daily overtime provisions by instituting, pursuant to the election procedures set forth in this wage order, a regularly scheduled alternative workweek schedule of not more than ten (10) hours per day within a forty (40) hour workweek without the payment of an overtime rate of compensation. All work performed in any workday beyond the schedule established by the agreement up to twelve (12) hours a day or beyond forty (40) hours per week shall be paid at one and one-half (1 �) times the employees regular rate of pay. All work performed in excess of twelve (12) hours per day and any work in excess of eight (8) hours on those days worked beyond the regularly scheduled number of workdays established by the alternative workweek agreement shall be paid at double the employees regular rate of pay. Any alternative workweek agreement adopted pursuant to this section shall provide for not less than four (4) hours of work in any shift. Nothing in this section shall prohibit an employer, at the request of the employee, to substitute one day of work for another day of the same length in the shift provided by the alternative workweek agreement on an occasional basis to meet the personal needs of the employee without the payment of overtime. No hours paid at either one and one-half (1 �) or double the regular rate of pay shall be included in determining when forty (40) hours have been worked for the purpose of computing overtime compensation.
(1) Any agreement adopted pursuant to this section shall provide not less than two consecutive days off within each workweek.
(2) If an employer, whose employees have adopted an alternative workweek agreement permitted by this order requires an employee to work fewer hours than those that are regularly scheduled by the agreement, the employer shall pay the employee overtime compensation at a rate of one and one-half (1 �) times the employees regular rate of pay for all hours worked in excess of eight (8) hours, and double the employees regular rate of pay for all hours worked in excess of twelve (12) hours for the day the employee is required to work the reduced hours.
(3) An employer shall not reduce an employees regular rate of hourly pay as a result of the adoption, repeal or nullification of an alternative workweek schedule.
(4) An employer shall explore any available reasonable alternative means of accommodating the religious belief or observance of an affected employee that conflicts with an adopted alternative workweek schedule, in the manner provided by subdivision (j) of Section 12940 of the Government Code.
(5) An employer shall make a reasonable effort to find a work schedule not to exceed eight (8) hours in a workday, in order to accommodate any affected employee who was eligible to vote in an election authorized by this Section and who is unable to work the alternative workweek schedule established as the result of that election.
(6) An employer shall be permitted, but not required, to provide a work schedule not to exceed eight (8) hours in a workday to accommodate any employee who is hired after the date of the election and who is unable to work the alternative workweek schedule established by the election.
(7) If an employee was voluntarily working an alternative workweek schedule as of July 1, 1999, that was an individual agreement made after January 1, 1998 between the employee and employer, and that agreement provides for a workday of not more than ten (10) hours, that employee may continue to work that alternative workweek schedule without payment of an overtime rate of compensation for the hours provided in that schedule if the employee submits, and the employer approves, a written request to do so. Any such request and approval must be made on or before May 30, 2000. An employee may revoke his or her voluntary authorization to continue such a schedule with thirty (30) days written notice to the employer.
(8) Arrangements adopted in a secret ballot election held pursuant to this order prior to 1998, or under the rules in effect prior to 1998, and before the performance of the work, shall remain valid after July 1, 2000 provided that the results of the election are reported by the employer to the Division of Labor Statistics and Research by January 1, 2001, in accordance with the requirements of Section B2 below (Election Procedures) . New arrangements can be entered into pursuant to the provisions of this section.
Election Procedures
(B2) Election procedures for the adoption and repeal of alternative workweek schedules require the following:
(1) Each proposal for an alternative workweek schedule shall be in the form of a written agreement proposed by the employer. The proposed agreement must designate a regularly scheduled alternative workweek in which the specified number of work days and work hours are regularly recurring. The actual days worked within that alternative workweek schedule need not be specified. The employer may propose a single work schedule that would become the standard schedule for workers in the work unit, or a menu of work schedule options, from which each employee in the unit would be entitled to choose. If the employer proposes a menu of work schedule options, the employee may, with the approval of the employer, move from one menu option to another.
(2) In order to be valid, the proposed alternative workweek schedule must be adopted in a secret ballot election, before the performance of work, by at least a two-thirds (2/3) vote of the affected employees in the work unit. The election shall be held during regular working hours at the employees work site. For purposes of this subsection, "affected employees in the work unit" may include all employees in a readily identifiable work unit, such as a division, a department, a job classification, a shift, a separate physical location, or a recognized subdivision of any such work unit. A work unit may consist of an individual employee as long as the criteria for an identifiable work unit in this subsection is met.
(3) Prior to the secret ballot vote, any employer who proposed to institute an alternative workweek schedule shall have made a disclosure in writing to the affected employees, including the effects of the proposed arrangement on the employees wages, hours, and benefits. Such a disclosure shall include meeting(s) , duly noticed, held at least fourteen (14) days prior to voting, for the specific purpose of discussing the effects of the alternative workweek schedule. An employer shall provide that disclosure in a non-English language, as well as in English, if at least five (5) percent of the affected employees primarily speak that non-English language. The employer shall mail the written disclosure to employees who do not attend the meeting. Failure to comply with this Section shall make the election null and void.
(4) Any election to establish or repeal an alternative workweek schedule shall be held at the worksite of the affected employees. The employer shall bear the costs of conducting any election held pursuant to this section. Upon a complaint by an affected employee, and after an investigation by the Labor Commissioner, the Labor Commissioner may require the employer to select a neutral third party to conduct the election.
(5) Any type of alternative workweek schedule that is authorized by the Labor Code may be repealed by the affected employees. Upon a petition of one-third (1/3) of the affected employees, a new secret ballot election shall be held and a two-thirds (2/3) vote of the affected employees shall be required to reverse the alternative workweek schedule. The election to repeal the alternative workweek schedule shall be held not more than 30 days after the petition is submitted to the employer, except that the election shall be held not less than twelve (12) months after the date that the same group of employees voted in an election held to adopt or repeal an alternative workweek schedule. The election shall take place during regular working hours at the employees work site. If the alternative workweek schedule is revoked, the employer shall comply within sixty (60) days. Upon proper showing of undue hardship, the Division of Labor Standards Enforcement may grant an extension of time for compliance.
(6) Only secret ballots may be cast by affected employees in the work unit at any election held pursuant to this Section. The results of any election conducted pursuant to this Section shall be reported by the employer to the Division of Labor Statistics and Research within thirty (30) days after the results are final, and the report of election results shall be a public document. The report shall include the final tally of the vote, the size of the unit, and the nature of the business of the employer.
(7) Employees affected by a change in the work hours resulting from the adoption of an alternative workweek schedule may not be required to work those new work hours for at least thirty (30) days after the announcement of the final results of the election.
(8) Employers shall not intimidate or coerce employees to vote either in support of or in opposition to a proposed alternative workweek. No employees shall be discharged or discriminated against for expressing opinions concerning the alternative workweek election or for opposing or supporting its adoption or repeal. However, nothing in this section shall prohibit an employer from expressing his/her position concerning that alternative workweek to the affected employees. A violation of this subsection shall be subject to Labor Code section 98 et seq.
(C) One and one-half (1 �) times a minors regular rate of pay shall be paid for all work over forty (40) hours in any workweek except that minors sixteen (16) and seventeen (17) years old who are not required by law to attend school and may therefore be employed for the same hours as an adult are subject to subsection (A) or (B1) and (B2) above.
(VIOLATIONS OF CHILD LABOR LAWS are subject to civil penalties of from $500 to $10,000 as well as to criminal penalties. Refer to California Labor Code sections 1285 to 1312 and 1390 to 1399 for additional restrictions on the employment of minors and for descriptions of criminal and civil penalties for violation of the child labor laws. Employers should ask school districts about any required work permits.)
(D) An employee may be employed on seven (7) workdays in one workweek when the total hours of employment during such workweek do not exceed thirty (30) and the total hours of employment in any one workday thereof do not exceed six (6) .
(E) If, during any workday an employer declares a work recess of one-half (1/2) hour or more, other than a meal period, and the employer notifies the employees of the time to report back for work and permits them to leave the premises, such recess need not be treated as hours worked provided that there shall not be more than two (2) such recess periods within one shift and the total duration does not exceed two (2) hours. Work stoppages of less than one-half (1/2) hour may not be deducted from hours worked.
(F) If a meal period occurs on a shift beginning or ending at or between the hours of 10 p.m. and 6 a.m., facilities shall be available for securing hot food and drink or for heating food or drink, and a suitable sheltered place shall be provided in which to consume such food or drink.
(G) The provisions of Labor Code §§ 551 and 552 regarding one (1) days rest in seven (7) shall not be construed to prevent an accumulation of days of rest when the nature of the employment reasonably requires the employee to work seven (7) or more consecutive days; provided, however, that in each calendar month, the employee shall receive the equivalent of one (1) days rest in seven (7) .
(H) The provisions of this section are not applicable to employees whose hours of service are regulated by
(1) The United States Department of Transportation Code of Federal Regulations, title 49, sections 395.1 to 395.13, Hours of Service of Drivers, or
(2) Title 13 of the California Code of Regulations, subchapter 6.5, section 1200 and the following sections, regulating hours of drivers.
(I) (1) Except as provided in subsection (A)(1) and subsections (C) and (F) , this section shall not apply to any employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than thirty (30) percent more than the state minimum wage.
(2) Notwithstanding Section (I)(1) above, where the employer and a labor organization representing employees of the employer have entered into a valid collective bargaining agreement pertaining to the hours of work of the employees, the requirement regarding the equivalent of one (1) days rest in seven (7) (see Section (G) above) shall apply, unless the agreement expressly provides otherwise.
(J) If an employer approves a written request of an employee to make-up work time that is or would be lost as a result of a personal obligation of the employee, the hours of that make-up work time, if performed in the same workweek in which the work time was lost, may not be counted toward computing the total number of hours worked in a day for purposes of the overtime requirements, except for hours in excess of eleven (11) hours of work in one (1) day or forty (40) hours of work in one (1) workweek. If an employee knows in advance that he or she will be requesting make-up time for a personal obligation that will recur at a fixed time over a succession of weeks, the employee may request to make-up work time for up to four (4) weeks in advance; provided, however, that the make-up work must be performed in the same week that the work time was lost. An employee shall provide a signed written request for each occasion that the employee makes a request to make-up work time pursuant to this Section. While an employer may inform an employee of this make-up time option, the employer is prohibited from encouraging or otherwise soliciting an employee to request the employers approval to take personal time off and make-up the work hours within the same workweek pursuant to this Section.
4. Minimum Wages.
(A) Every employer shall pay to each employee wages not less than four dollars and seventy-five cents ($4.75) per hour for all hours worked, effective October 1, 1996; not less than five dollars ($5.00) per hour for all hours worked, effective March 1, 1997; not less than five dollars and fifteen cents ($5.15) per hour for all hours worked, effective September 1, 1997; and not less than five dollars and seventy-five cents ($5.75) per hour for all hours worked, effective March 1, 1998, except:
(1) LEARNERS. Employees 18 years of age or over, during their first one hundred and sixty (160) hours of employment in occupations in which they have no previous similar or related experience, may be paid not less than eighty-five percent (85%) of the minimum wage rounded to the nearest nickel.
(2) MINORS may be paid not less than eighty-five percent (85%) of the minimum wage rounded to the nearest nickel provided that the number of minors employed at said lesser rate shall not exceed twenty-five percent (25%) of the persons regularly employed in the establishment. An employer of less than ten (10) persons may employ three (3) minors at said lesser rate. The twenty-five percent (25%) limitation on
NOTE: Under certain conditions, the full minimum wage may be required for minors. See Labor Code Section 1391.2 (b) .
(B) Every employer shall pay to each employee, on the established payday for the period involved, not less than the applicable minimum wage for all hours worked in the payroll period, whether the remuneration is measured by time, piece, commission, or otherwise.
(C) When an employee works a split shift, one hour's pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment.
(D) The provisions of this section shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards.
5. Reporting Time Pay.
(A) Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee's usual or scheduled day's work, the employee shall be paid for half the usual or scheduled day's work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee's regular rate of pay, which shall not be less than the minimum wage.
(B) If an employee is required to report for work a second time in any one workday and is furnished less than two hours of work on the second reporting, said employee shall be paid for two hours at the employee's regular rate of pay, which shall not be less than the minimum wage.
(C) The foregoing reporting time pay provisions are not applicable when:
(1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil authorities; or
(2) Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or
(3) The interruption of work is caused by an Act of God or other cause not within the employer's control.
(D) This section shall not apply to an employee on paid standby status who is called to perform assigned work at a time other than the employee's scheduled reporting time.
6. Licenses for Disabled Workers.
A license may be issued by the Division authorizing employment of a person whose earning capacity is impaired by physical disability or mental deficiency at less than the minimum wage. Such licenses shall be granted only upon joint application of employer and employee and employee's representative if any.
A special license may be issued to a nonprofit organization such as a sheltered workshop or rehabilitation facility fixing special minimum rates to enable the employment of such persons without requiring individual licenses of such employees.
All such licenses and special licenses shall be renewed on a yearly basis or more frequently at the discretion of the Division.
(See California Labor Code, Sections 1191 and 1191.5.)
7. Records.
(A) Every employer shall keep accurate information with respect to each employee including the following:
(1) Full name, home address, occupation and social security number.
(2) Birth date, if under 18 years, and designation as a minor.
(3) Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals and total daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not be recorded.
(4) Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to the employee.
(5) Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available to the employee upon reasonable request.
(6) When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be provided to employees. An accurate production record shall be maintained by the employer.
(B) Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable part of the check, draft, or voucher paying the employee's wages, or separately, an itemized statement in writing showing: (1) all deductions; (2) the inclusive dates of the period for which the employee is paid; (3) the name of the employee or the employee's social security number; and (4) the name of the employer, provided all deductions made on written orders of the employee may be aggregated and shown as one item.
(C) All required records shall be in the English language and in ink or other indelible form, properly dated, showing month, day and year, and shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. An employee's records shall be available for inspection by the employee upon reasonable request.
(D) Clocks shall be provided in all major work areas or within reasonable distance thereto insofar as practicable.
8. Cash Shortage and Breakage.
No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, breakage, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the employee.
9. Uniforms and Equipment.
(A) When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer. The term "uniform" includes wearing apparel and accessories of distinctive design or color.
NOTE: This section shall not apply to protective apparel regulated by the Occupational Safety and Health Standards Board.
(B) When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and equipment shall be provided and maintained by the employer, except that an employee whose wages are at least two (2) times the minimum wage provided herein may be required to provide and maintain hand tools and equipment customarily required by the trade or craft. This subsection (B) shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards.
NOTE: This section shall not apply to protective equipment and safety devices on tools regulated by the Occupational Safety and Health Standards Board.
(C) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of subsections (A) and (B) of this section upon issuance of a receipt to the employee for such deposit. Such deposits shall be made pursuant to Section 400 and following of the Labor Code or an employer with the prior written authorization of the employee may deduct from the employee's last check the cost of an item furnished pursuant to (A) and (B) above in the event said item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the employee upon completion of the job.
10. Meals and Lodging.
(A) "Meal" means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.
"Lodging" means living accommodations available to the employee for full-time occupancy which are adequate, decent, and sanitary according to usual and customary standards. Employees shall not be required to share a bed.
(B) Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee. When credit for meals or lodging is used to meet part of the employer's minimum wage obligation, the amounts so credited may not be more than the following:
March 1, 1998
Rooms occupied alone
$24.25 per week
$27.05 per week
Room shared
$20.00 per week
$22.30 per week
Apartment-two thirds (2/3) of the ordinary rental value, and in no event more than
$290.80 per month
$324.70 per month
Where a couple are both employed by the employer, two-thirds (2/3) of the ordinary rental value, and in no event more than
$430.20 per month
$480.30 per month
(C) Meals evaluated as part of the minimum wage must be bona fide meals consistent with the employee's work shift. Deductions shall not be made for meals not received nor lodging not used.
(D) If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or under the control of the employer, then the employer may not charge rent in excess of the values listed herein.
11 Meal Periods.
(A) No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than thirty (30) minutes, except that when a work period of not more than six (6) hours will complete the days work the meal period may be waived by mutual consent of the employer and employee.
(B) An employer may not employ an employee for a work period of more than ten (10) hours per day without providing the employee with a second meal period of not less than thirty (30) minutes, except that if the total hours worked is no more than twelve (12) hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
(C) Unless the employee is relieved of all duty during a thirty (30) minute meal period, the meal period shall be considered an "on duty" meal period and counted as time worked. An "on duty" meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. The written agreement shall state that the employee may, in writing, revoke the agreement at any time.
(D) If an employer fails to provide an employee a meal period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employees regular rate of compensation for each work day that the meal period was not provided.
(E) In all places of employment where employees are required to eat on the premises, a suitable place for that purpose shall be designated.
12. Rest Periods.
Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof.
However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (3 �) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.
If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employees regular rate of compensation for each work day that the rest period is not provided.
13. Change Rooms and Resting Facilities.
(A) Employers shall provide suitable lockers, closets, or equivalent for the safekeeping of employees' outer clothing during working hours, and when required, for their work clothing during non-working hours. When the occupation requires a change of clothing, change rooms or equivalent space shall be provided in order that employees may change their clothing in reasonable privacy and comfort. These rooms or spaces may be adjacent to but shall be separate from toilet rooms and shall be kept clean.
NOTE: This section shall not apply to change rooms and storage facilities regulated by the Occupational Safety and Health Standards Board.
(B) Suitable resting facilities shall be provided in an area separate from the toilet rooms and shall be available to employees during work hours.
14. Seats.
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.
(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.
15. Temperature.
(A) The temperature maintained in each work area shall provide reasonable comfort consistent with industry-wide standards for the nature of the process and the work performed.
(B) If excessive heat or humidity is created by the work process, the employer shall take all feasible means to reduce such excessive heat or humidity to a degree providing reasonable comfort. Where the nature of the employment requires a temperature of less than 60� F., a heated room shall be provided to which employees may retire for warmth, and such room shall be maintained at not less than 68�.
(C) A temperature of not less than 68� shall be maintained in the toilet rooms, resting rooms, and change rooms during hours of use.
(D) Federal and State energy guidelines shall prevail over any conflicting provision of this section.
16. Elevators.
Adequate elevator, escalator or similar service consistent with industry-wide standards for the nature of the process and the work performed shall be provided when employees are employed four floors or more above or below ground level
17. Exemptions.
If, in the opinion of the Division after due investigation, it is found that the enforcement of any provision contained in section 7, Records; section 12, Rest Periods; section 13, Change Rooms and Resting Facilities; section 14, Seats; section 15, Temperature; or section 16, Elevators, would not materially affect the welfare or comfort of employees and would work an undue hardship on the employer, exemption may be made at the discretion of the Division. Such exemptions shall be in writing to be effective and may be revoked after reasonable notice is given in writing. Application for exemption shall be made by the employer or by the employee and/or the employees representative to the Division in writing. A copy of the application shall be posted at the place of employment at the time the application is filed with the Division.
18. Filing Reports.
(See California Labor Code, Section 1174(a) )
19. Inspections.
(See California Labor Code, Section 1174)
20. Penalties.
(See Labor Code, Section 1199)
In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty of:
(A) Initial Violation -- $50.00 for each underpaid employee for each pay period during which the employee was underpaid in addition to the amount which is sufficient to recover unpaid wages.
21. Separability.
If the application of any provision of this Order, or any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Order should be held invalid or unconstitutional or unauthorized or prohibited by statute, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein.
22. Posting of Order.
Every employer shall keep a copy of this Order posted in an area frequented by employees where it may be easily read during the work day. Where the location of work or other conditions make this impractical, every employer shall keep a copy of this Order and make it available to every employee upon request.
Section 98.6. (a) No person shall discharge or in any manner discriminate against any employee because such employee has filed any bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to his rights, which are under the jurisdiction of the Labor Commissioner, or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any rights afforded him.
(b) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of such employment because such employee has made a bona fide complaint or claim to the division pursuant to this part shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by such acts of the employer. Any employer who willfully refuses to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for such rehiring or promotion by a grievance procedure, arbitration or hearing authorized by law, is guilty of a misdemeanor.
Note: Nothing in this act shall be construed to entitle an employee to reinstatement or reimbursement for lost wages or work benefits if such employee willfully misrepresents any facts to support a complaint or claim filed with the Labor Commissioner.
Section 200. As used in this article: (a) "Wages" includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation.
Section 201. If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately.
Section 202. If an employee not having a written contract for a definite period quits his employment, his wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his intention to quit, in which case the employee is entitled to his wages at the time of quitting.
Section 226. (a) Every employer shall semimonthly, or at the time of each payment of wages, furnish each of his or her employees either as a detachable part of the check, draft, or voucher paying the employee's wages, or separately when wages are paid by personal check or cash, an itemized statement in writing showing: (1) gross wages earned; (2) total hours worked by each employee whose compensation is based on an hourly wage; (3) all deductions; provided, that all deductions made on written orders of the employee may be aggregated and shown as one item; (4) net wages earned; (5) the inclusive dates of the period for which the employee is paid; (6) the name of the employee and his or her social security number; and (7) the name and address of the legal entity which is the employer.
Section 1174. Every person employing labor in this state shall:
(a) Furnish to the commission, at its request, reports or information which the commission requires to carry out this chapter. Such reports and information shall be verified if required by the commission or any member thereof.
(b) Allow any member of the commission or the employees of the Division of Labor Standards Enforcement free access to the place of business or employment of such person to secure any information or make any investigation which they are authorized by this chapter to ascertain or make. The commission may inspect or make excerpts, relating to the employment of employees, from the books, reports, contracts, payrolls, documents, or papers of such person.
(c) Keep a record showing the names and addresses of all employees employed and the ages of all minors.
(d) Keep at a central location in the state or at the plants or establishments at which employees are employed, payroll records showing the hours worked daily by, and the wages paid to, employees employed at the respective plants or establishments, and which shall be kept in accordance with rules established for this purpose by the commission, but in any case shall be kept on file for not less than two years. (1937 ch. 90, 1945 ch.1431, 1972 ch. 1122, 1979 ch. 373, 1990 ch. 1379)
Section 1191. For any occupation in which a minimum wage has been established, the commission may issue to an employee who is mentally or physically handicapped, or both, a special license authorizing the employment of the licensee for a period not to exceed one year from date of issue, at a wage less than the legal minimum wage. The commission shall fix a special minimum wage for the licensee. Such license may be renewed on a yearly basis.
Section 1191.5. Notwithstanding the provisions of Section 1191, the commission may issue a special license to a nonprofit organization such as a sheltered workshop or rehabilitation facility to permit the employment of employees who have been determined by the commission to meet the requirements in Section 1191 without requiring individual licenses of such employees. The commission shall fix a special minimum wage for such employees. The special license for the nonprofit corporation shall be renewed on a yearly basis, or more frequently as determined by the commission.
Section 1199. Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) or by imprisonment for not less than 30 days, or by both, who does any of the following:
(a) Requires or causes any employee to work for longer hours than those fixed, or under conditions of labor prohibited by an order of the commission.
(b) Pays or causes to be paid to any employee a wage less than the minimum fixed by an order of the commission.
(c) Violates or refuses or neglects to comply with any provision of this chapter or any order or ruling of the commission.
Section 1391.2. (a) Notwithstanding Sections 1391 and 1391.1, any minor under 18 years of age who has been graduated from a high school maintaining a four-year course above the eighth grade of the elementary schools, or who has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code, may be employed for the same hours as an adult may be employed in performing the same work.
(b) Notwithstanding the provisions of the orders of the Industrial Welfare Commission, no employer shall pay any minor described in this section in his employ at wage rates less than the rates paid to adult employees in the same establishment for the same quantity and quality of the same classification of work; provided, however, that nothing herein shall prohibit a variation of rates of pay for such minors and adult employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or other reasonable differentiation, when exercised in good faith.
Section 2800. An employer shall in all cases indemnify his employee for losses caused by the employer's want of ordinary care.


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subset: commoncrawl


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iPhone 6/6S Carbon Fibre Case
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text:
Has Ford found the holy grail of a factory g-machine with universal appeal? The 2005 Mustang comes darned close.
It almost defies logic that Ford could build essentially the same car for 25 years without significant change, yet that's what they did from 1979 to 2004 with the Fox-platform Mustang. The Fox platform was originally designated "Fox" because it was designed as a contender to go head-to-head with Audi's new Fox (and VW's Dasher) in the late 1970s.
Now a footnote in history, the Ford Fairmont was the short-lived car originally spawned by the original Fox platform. But in Mustang livery, the Fox platform lived a long and illustrious career, getting better and better with each iteration. Yet time finally caught up with the Mustang as it became hopelessly outdated by more progressive designs. Ironically, one of those designs–GM's F-body of Camaro and Firebird fame–became the victim of outdated technology. And like a spinster who shows up solo at a 70-year high school reunion, the Mustang found itself with no surviving dance partner.
So as it enters its 41st year, the all-new redesigned 2005 Mustang finally ends up where it started: unique, universal and highly desirable. The latest version of the ponycar, as you shall see, stays true to its roots–it's affordable, it's powerful, and it projects a playful, friendly yet devilish personality that captures the imagination. It's as if the Mustang says, "Hey, let's go have some fun and piss off some Corvettes on the highway…"
<img src="http://enthusiastnetwork.s3.amazonaws.com/uploads/sites/21/2004/12/0501_phr_mustang_02_z.jpg" alt="
" class="wp-image-280602″ />
The new car speaks to different generations of customers in different ways. Empty nesters in their 50s and 60s will see the exterior styling and be propelled back in time to the '60s. Guys in their 40s (like me) will remember the potent 5-liter Mustangs of the '80s that were cheap as spit and could hand an IROC its ass for many thousands less. Youngsters in their 20s will equally delight in beating up their Honda and Nissan counterparts in the affordable under-$20K 6-cylinder variant of the Mustang, all while sporting hip retro styling, 210 hp, and an optional competition-level MP3-compatible stereo.
The Mustang's designers have pulled off a miracle. They've not only created a really great looking and handling car, they've done it at a price everyone can afford. With the 210-hp V-6 starting at $19,410 and the base GT (sporting a huge list of standard equipment) at $24,995, the only people not seriously considering one probably don't drive. We fully expect the old phrase to apply once again: "hotcakes are selling like Mustangs…"
Ford expects the V-8 GT model to account for 30 percent of the total take, and that's what we're here to talk about today. In its simplest form, we have a 300-hp V-8 propelling a 3483-lb. coupe. Add a 150-lb. driver and you've got just over 12 lbs. of mass for every horsepower. That's going to put 0-60 performance for a manual trans GT somewhere in the low 5-second range. On paper at least, that's about what last year's Mach 1 was good for, but at a price that's significantly less for the 2005 GT.
But we feel guilty for reducing the sum of the Mustang's parts to just dollars versus straight-line performance. What the engineers have cooked up goes far beyond that. This is an all-new car, which allowed engineers to address the many shortcomings and bandages of the old car. And while the GT's base 300-hp V-8 is a real gem, it's the chassis that gets us really excited about the g-Machine possibilities.
We'll start with the rear suspension. The old 8.8-inch rear was far stronger than contemporary rearends from GM, but its 28-spline axles broke like twigs at launch pads across the country. The fix used to be to pop in a set of 31-spline axles from a truck or order some from Ford SVO. The 2005 Mustang now has those 31-spline axles as standard equipment. All you need is a c-clip eliminator kit to be NHRA legal. Can you say "10-second ETs are no problem"?
The old rear used springs mounted on control arms, which reduced the spring's motion ratio, requiring more massive springs. Now lighter springs reside on axle-mounted perches bringing the motion ratio up to 1:1. Without bearing the car's load, the rear control arms can now be significantly lighter.
The unequal, non-parallel four link (and its wacky Rube Goldberg quad shock arrangement) of yore is now gone. In its place is a three-link arrangement with a Panhard bar. This system preserves pinion angle while decoupling roll and squat motions. (The old four-link had the joint duties of locating the axle laterally and longitudinally, as well as maintaining proper pinion angle. This resulted in severe roll bind, poor lateral stability and sometimes loss of control.) The new Panhard bar locates the rear laterally without causing the previous car's affliction with roll bind and deflection. Not only does it do everything significantly better than the old setup, it's lighter by a ton.
Rounding out the changes to the rear is the stabilizer bar, which has been taken off the control arms and mounted to the shock bracket. A pair of body-mounted struts now manages the fulcrum–like some of the more popular anti-sway bar conversions used in small-tire Mustang drag racing classes.The front suspension is even more remarkable than the rear. Once again, the springs have been moved outward to increase their motion ratio (i.e. the amount of spring motion in relation to suspension travel). The springs are integrated with the MacPherson struts and incorporate a canted orientation to reduce internal friction in the strut (the side load bind between the rod guide and the piston) during cornering. Like the rear, the front springs are now lighter than those on the previous model, but their new location also increases the space available in the engine room.
Removing the spring from the front control arm also takes a significant amount of load off that part. Front control arms no longer support the stabilizer bar; it now mounts directly to the struts by means of end links incorporating spherical bearings instead of rubber bushings. With the control arm's bending stress significantly reduced, it is now possible to make it much lighter. Instead of a flat stamping, the new control arm is now made up of two "U" shaped stampings placed back-to-back, then welded along a seam. This gives the part the appearance of an "I" channel cross-section, but without the associated cost. Weight is purportedly along the lines of an aluminum forging.
The new front control arm is now shaped like a reverse L, as opposed to the outgoing car's "A" shape. With the old arm, lateral forces (i.e. cornering loads) and longitudinal forces (i.e. frontal forces like potholes) where shared by each leg of the "A." Those bushings at each joint tended towards compromise as they had to both absorb road bumps while being firm enough to manage cornering forces (designing a bushing more for one function means doing less of the other and vice versa). Now, the short leg in the reverse L handles cornering forces only. Its bushing is compact and much more firm than the old car's bushings. Deflection and compression in the bushing is minimized, which improves turn-in feel and transient response. The other bushing is quite the opposite. It now handles the road bumps and chuck holes on the longitudinal vector by using a large bushing, which is fluid-filled with many micro channels. It acts like a mini-shock absorber and does an exceptional job of smoothing out the ride and isolating road noise.
The steering is still accomplished through a rack and pinion, but it is now directly mounted to the cross member rather than through rubber bushings. This improves steering feel dramatically, but without undue harshness. Again, this is a dividend paid by the reverse L control arm and the fact that road irregularities and bumps are largely isolated by those fluid-filled rear bushing we spoke of.
All these changes to the front suspension have yet another positive influence–it has allowed a lot of the mass and structure to be removed from the No. 2 cross member (commonly known in the old car as the K-member). This means the engine can sit lower, which has further positive impact on the balance of the car as a whole.
This improvement in balance is aided by an aluminum engine block that is 75 pounds lighter than the outgoing iron block. As evidenced by the improved front/rear weight bias, the rear brakes have been upgraded from solid rotors to vented rotors.
Speaking of brakes, the front brakes now have 14 percent more swept area than last year's. Front rotors measure 12.4 inches in diameter and are paired with aluminum dual-piston floating calipers by TRW. ABS is standard equipment and rear brakes consist of 11.8-inch vented rotors mated to single-piston iron calipers. We put these brakes through some serious pounding in mountainous terrain and we couldn't get them to fade or bottom out. We cooked the brakes all day and found them to be over-engineered for the car, which makes them just about right for track day with only a pad upgrade required.
There's a lot of capability in the Mustang's new suspension, but none of it would be worth a tinker's damn without a good chassis to hang it on. One goal the engineers had was to increase the body stiffness–31 percent in the torsional mode and 49 percent in the bending mode. Likewise, local stiffness around key suspension attachment points was improved to make the associated bushings more effective. All of this improves steering, handling and ride at the same time. This technical achievement stands out for not only being the single most important contribution to handling and ride, but because it was accomplished at a very reasonable cost.
Long-time Fox-body Mustang abusers (myself included) know how flimsy the old chassis was. Subframe connectors have long been considered mandatory before any kind of performance enhancements can take place. Apparently, the designers of the new Mustang were paying attention because the front frame rails now continue all the way to the rear of the car where they stop a few inches shy of tying in to the rear suspension. This effectively makes the car a full frame; the only difference is that it's all stamped and welded together in unibody fashion rather than being a separate body on frame. Consequentially, the car feels as stiff as a double shot of Everclear.
We've long known the benefits of having a Panhard bar, as the Maximum Motorsports suspension in our PHR project car can attest. In the new Mustang, the Panhard bar is augmented by a very strong boxed bracket which spreads lateral loading throughout the rear of the car.
While we're at the back of the car, we were impressed with the rear frame rails, which feature deep spring pockets. Normally, the clearance needed for spring travel is achieved by a severe bend in the rail. Here, the bend in the rail is minimized by the use of a deep pocket in the rail. This preserves strength and stiffness without sacrificing compliance in the suspension.Overall, we were very impressed with the structural integrity of the rear suspension. In our subsequent drive (we'll get to that in a minute), we could uncover no faults. Our only misgiving was the chassis tie-in point for the lone upper control arm in the center of the chassis. Our past experience is that even with two upper control arms, drag racers manage to pull the welds out of the boxes very easily in stick cars going as slow as mid 11s. The solution is usually to box the upper control arms in with additional plates and gussets (this is known as a "torque box" in Mustang parlance). We found the upper control arm box not even welded in–it's a bracket that screws in with what appear to be two 3/8-inch diameter bolts! No biggie–we know you guys'll get on that problem right away. We don't think this will be an issue on street-driven cars or even road raced cars–just stick shift drag cars with slicks.
In the engine room, we're pleased that Ford was able to coax even more power from its 4.6L modular V-8. The pony count is up 40hp over the previous GT, standing now at 300hp. This was accomplished by three critical improvements: the addition of an extra intake valve in each cylinder, the utilization of variable cam timing, and the vast improvement of fuel charge mixture motion via a computer-controlled charge motion control valve (CMCV).
Since the mod motor's inception, its cylinder heads have always been plagued with poor charge motion characteristics, especially at lower engine speeds where mixture is critical for good torque and emissions. A series of bandages over the years–from swirl dams in the combustion chamber to inlet manifold runner control (IMRC for short) and four-valve heads–helped matters incrementally, but never made for a satisfying meal. Now after putting up with this state of affairs for the last 14 years (the mod motor first saw use in the Lincoln Town Car of 1991!), the fix is here, and it's beautiful.
The power comes on strong and keeps on coming, right up to the 6,250 rpm redline. You're not going to mistake it for the LS1 torque monster in your dad's GTO, but it's pretty damn close. Still, at 281 cubic inches, that's 1.06hp per cubic inch. If the Ford were 346 cubic inches (same size as the LS6 or the Dodge Hemi) it would make 369hp at that rate of exchange. That fits respectably in between the Hemi and the LS6.
The extra intake valve in the three-valve head, the variable cam timing and the CMCV all work together seamlessly as the engine accelerates. At the low end of the power band, the CMCV creates turbulence by inserting itself in the air path just after the fuel injector. The partial obstruction causes a tumbling action in the runner that asserts itself as a more combustible, quicker-burning mixture. While the CMCV decreases its intervention as engine rpm climbs, the valve timing increases for both intake valves and the exhaust valve.
Intake and exhaust timing is simultaneously advanced or retarded by use of oil-fed variable cam phasing (VCP) that uses oil pressure to move the cam sprocket relative to the camshaft. A solenoid directs the oil pressure into different chambers of the valve control timing mechanism (VCT) to enable the advance or retard movement. Of course, all of this is directed by the powertrain control module.
Variable valve timing is already a common sight in smaller four-cylinder engines, but this is something new with the Ford V-8. Translation: what might be good for a few horsepower boost in a sub 2-liter four-banger is worth a ton in a V-8. Visualize this: at low engine speed, short seat timing on the intake and exhaust valves ensures plenty of retained cylinder pressure, which equals better torque. Emissions are also improved because overlap is near zero. At higher rpm where power relies more on manifold tuning and charge inertia to fill the cylinder, the seat timing is increased–along with overlap–to increase power. You get the best of both worlds with variable valve timing: great low-end and a great top-end.
The addition of variable valve timing and the charge motion control valve allows the compression ratio to be increased this year to 9.8:1 while running on regular 87 octane fuel. That's a big plus in an age where oil is topping $55 a barrel.
Cosmetically, the new three-valver is a looker. Scalloped cast magnesium valve covers, a dual-inlet front entry throttle body and a compact accessory drive mounted right to the engine will ensure that the hood stays popped open for more than just maintenance. The cast iron exhaust manifolds look nearly like headers and were pulse tuned for incremental horsepower gain. The mod motor gets electronic throttle control finally, which simplifies a multitude of powertrain housekeeping chores such as torque management for the new 5R55S five-speed automatic, cruise control and idle air control functions. Hot rodders will likewise appreciate the simpler disassembly and installation, not to mention not having Ford's notoriously finicky TV cable to adjust.
Ignition is now coil-on-plug, like most engines these days. (We thought the old Mustang's EDIS quad coil packs looked silly strapped to the front of the engine with all those wires running everywhere.) Now the 4.6 looks like a real engine, not the bride of Frankenstein. The new coils sit right on top of deep recess spark plugs with no plug wires in evidence anywhere. The new engine looks so good, Ford has decided to drop the intake manifold beauty cover seen in earlier pre-production media photos. We kind of liked it, but Ford says it will be available as a dealer-installed option.
A pair of close-coupled cat-cons mate to the cast-iron headers and dump into a true dual 2.5-inch stainless steel exhaust. That's up from 2.25 inches, which has been the standard size since the Reagan administration. The exhaust sound is rich and unmistakable–one member of our press party saying it was a dead ringer for the soundtrack in the Steve McQueen movie Bullitt. We like it too, and especially appreciate that there is little other extraneous vibration coming into the cabin other than the exhaust's soothing throb.
We never got to lay eyes on the new 5-speed automatic equipped GT, let alone drive one, but we're told it has been designed with close gear ratios to keep the engine in the fat part of the power curve. A Tremec 3650 5-speed is standard on GT, and it feeds torque to a two-piece driveshaft that looks easily swappable for a one-piece race unit. Nevertheless, we liked the smoothness provided by the two-piece unit at triple digit speeds. Long prop shafts can set up bad vibrations at high speed, even when they are balanced to perfection. At worst, they can rattle your teeth out and even self-destruct (fourth-gen Camaros and Firebirds coming immediately to mind). Unless outrageous power levels call for it, we don't see any reason to convert to a single-piece driveshaft.
Moving inside, there is a staggering amount of improvement over the outgoing Mustang. Just getting into the car, you notice the quality in the pull-out door handle. The interior plastics are–well, plastic. But they are now, most importantly, matching. Textures and colors now look like they belong together. The occasional splash of aluminum and chrome is a classy touch on a car of this price and the instrument panel is the perfect blend of functionality and retro styling. We found the seats a lot easier to get comfortable in than the old seats and the shifter, most importantly, is exactly where it's supposed to be–in the same area code as the driver.
We love the new leather-wrapped tri-spoke steering wheel (it's standard) with aluminum accents and the center console is the most useful and comfortable to ever come on a Mustang. The manual shifter did strike us as too far recessed into the console, but the knob turned out to be exactly where the hand wants it. As we later drove the car aggressively around curvy mountain roads, we found the seats to be less supportive than we liked, but other than last year's SVT Cobra seats, we've yet to find a Mustang seat that had enough hug.
After making customers suffer through decades of Mustangs with abysmal pedal placement, Ford has finally got this monkey off its back. The pedals are killer and can make anybody into a heel-and-toe downshift king. The placement is even better than Corvette or Cadillac's race-bred CTS-V. The new GT will make one heck of a track car with the pedals and gear shifter placement finally sorted out.
The product literature says all Mustangs come standard with tilt steering wheel, but we don't agree. This annoying Mazda-style unit pivots so far down the column, there's only a scant 1.5 inch of travel at the instrument panel. What's more, there's nearly zero adjustment to the steering wheel angle, which is half of what you wanted it for in the first place. The tactile quality as it traverses its range of motion just feels cheap. Give us back the old tilt wheel mechanism. Fortunately, the steering wheel angle is already pretty good in its limited range, and certainly it's preferable to having no tilt, as Mustangs did from 1990 to 1993.
With an additional six inches tacked to its wheelbase, you'd expect the rear seat room to be better, and it is. We took a few moments to sit in the rear seat and were rewarded with the pleasant notion that a Mustang could actually be used for a family vacation in a pinch. The seat release lever is now at the top of the seat, making ingress easier. The plastic seatbelt loop on the side of the seat is gone, so it's now much easier to trip on the belt when getting out.
An FM/AM radio with single CD player comes standard on GT models, but the real news is a pair of optional "Shaker" audio systems. The Shaker 500 features a six CD head unit compatible with MP3 tracks. This feeds 500 watts of power to subwoofers contained in sealed enclosures mounted in each door. The Shaker 1000 adds another 500 watts to the fray via two more enclosed subwoofers in the trunk. You'll be "woofin'" so much, the animal control officer will be chasing you down the street!
First Drive
Getting into the car for the first time–this after driving the outgoing Mustang–we felt as though we were sitting down in the car. The sensation is that the cowl is much higher. This is good in the sense that the driver feels more protected, but some might feel confined. By contrast, the 2004 Mustang seat feels like a perch from which you direct attention downward. Owners of the outgoing car take note: those intrusive power seat controls on the front of the seat have now been moved to the side of the seat where your leg can't move them by accident. That's good because the six-way power driver seat with lumbar adjustment is now standard. The power windows (which are standard on GT) now feature express up as well as express down. The old car had just express down and on the driver's side only. Sometimes the old car's switch didn't work when you wanted it to, or worked when you didn't want it to. The new car features a dual-position switch that eliminates this annoying trait. Hold it down (or pull it up) to the first click and the window moves manually. Push it the extra click and it goes all the way up or down. It's a small thing, but we really like it.
Driving the GT for the first time was easy as all the important stuff is located where you expect it. We never took out the owner's manual to operate stuff on the center stack–even the top-of-the-line stereo system worked intuitively the very first time.
The manual trans shifter on the old car was directly attached to the transmission, but due to the forward placement of the engine, the lever was quite a stretch, requiring ones right arm to be fully extended to accomplish shifting into fifth gear. As we said before, the new shifter is perfectly placed, but there is a small cost to this convenience. Ford uses a rod linkage to accomplish this correct placement, and claims "quick gear engagement and a solid feel." Our one and only attempt to powershift second gear netted us a rubbery thud followed by the sound of grinding synchros. We'd rather step on a cat than try this again. Fortunately, we fully expect a truckload of vastly improved shifters to hit the aftermarket about three hours after the car hits the showroom.
Before hitting the twisties along California's roller coaster Angeles Crest Highway, we puttered around in traffic for an hour and found the suspension somewhat harsh. More specifically, the car was very well isolated from road noise, engine noise and normal creaks and rattles, but the spring rates and damper rebound settings seemed much stiffer than the author's 2003 GT. When asked about this, the engineers said owner feedback from the last car showed that suspension to be too soft. Our conclusion is that PHR readers will absolutely love it–it's demonstrably biased toward the enthusiast. But will schoolteachers and bank tellers like it? Maybe Ford is betting people will be so happy to own one that they just won't care. We think they're right.
Hitting the curves, we found the 2005 Mustang to be exceptionally well balanced. Years of driving Fox-platform Mustangs have trained us to anticipate the snap oversteer which follows a long period of annoying understeer. That very non-linear behavior has been completely banished in the new car with the three-link Panhard rear suspension. You can trailbrake the 2005 Mustang to almost absurd levels of incompetence without it coming unglued in the rear, and as long as the surface is flat, you'd never know it from a car with IRS.
The real litmus test of a good handling car is how soon in the corner you can start dialing in the power. Rotating the car into the apex is easy. The outside tires take a firm set and we found we could start putting power down well before the apex. This is partly a result of the excellent Pirelli PZero Nero all-season tires. These new skins are the best performing all-season performance tires we've tested. It's funny that the tread pattern doesn't look all that aggressive, but the grip is there.
Yet the tires can't take all the credit here. The benefits of the reverse L front suspension were evident from the first turn taken at speed. With all the slop and compliance taken out of the lateral axis, the turn-in and transitional handling was immediate and precise. Here's one area where the aftermarket suspension tuners will be hard-pressed to make major gains. Throw on a set of R-compound tires, a race seat and some race pads and your track car is ready.As a side note, lowering one of these cars will have a negative effect on suspension geometry, most notable on the rear axle centerline and bump steer.
Given the car's relatively stiff suspension, we thought the tire-to-fender clearance could've been safely less that half what it is, but don't think for a minute that a quick chop of the coils is going to do the trick. Right now, the folks at Steeda, Kenny Brown and Saleen have already fine-tuned their respective suspension packages for the 2005. That's where we would start if we needed more grip and a meaner stance.
The flexible and powerful V-8 engine also plays a roll in aggressive handling maneuvers. Balancing around the corner by breathing on and off the throttle is easy and fun with the Mustang. The fact that you're getting your rocks off on the great engine sound is just icing on the cake. And while we're on the subject of engine sound, we can positively say that there's less of what you don't want to hear (i.e. valvetrain clatter, A/C compressor clutch, electric fan switching, cockpit drone) and more of what you do want to hear (the rumble and crackle of the exhaust), thanks to better engine mounts, an improved accessory drive and cockpit insulation.
The day of flogging the 2005 Mustang GT quickly came to an end. Later, I crawled back into my 2003 GT, scheming how to get out of the payment and into a 2005. We're guessing a lot of you will be doing the same once you take a test drive. By virtue of a back-to-back drive with the outgoing GT, it was very apparent that the increase in body stiffness plays a significant role in the new car's handling character. That additional stiffness was paid for by additional body structure in key places, and as we know, that means extra weight. The fact that the 2005 weighs only 125 pounds more (give or take a few) doesn't do justice to the reality that there's a lot more occupant protection, more effective crumple zones, and more beefcake to the chassis. That's because a lot was taken out in other areas to pay for this–principally the change to an aluminum engine block, the lighter front and rear control arms and springs, the lighter secondary cross member, the deletion of rear quad shocks and one upper control arm, and the use of an aluminum hood. With six inches of additional wheelbase and a more favorable front/rear weight bias, what little extra weight there is has been put in all the right places.
Simply put, this is a car you will be able to live with for a very long time, and if this version goes another 25 years, we can live with that too. It's ironic that the 2005 Mustang is built at Mazda's Flat Rock, Michigan plant. For it was that plant which was supposed to build the Mustang's front-wheel drive replacement back in 1990–we know that car now as the ill-fated Probe. Thank goodness Mustang loyalists raised such a stink back in 1989. Turns out, the replacement for the Fox-body Mustang will indeed be built in Flat Rock, but this time it will be a car worthy of wearing the haulin' ass pony badge!
A few weeks after driving the 2005 Mustang GT for the first time, we pried the keys to another 2005 GT from the hands of Ford's West Coast press fleet handlers. We had hoped to drag test the 5-speed manual trans GT at Fontana, but got bumped off our Fontana test date by sister magazine Motor Trend (who managed to go 13.6 at 99 mph with a 5-speed automatic-equipped GT). We already heard how Hot Rod went 13.9 at over 105 mph with a worn-out prototype manual-trans car, so we decided to bring you Dynojet numbers from a new production car instead. We made four runs with the GT on a tank of 87 octane pump gas. All runs made peak horsepower within a 2.5-hp range–the lowest being 265hp and the best being 267.5hp (5600 rpm). Torque peaked between 280 and 284 ft.-lbs. (4400 rpm).
Considering that our engine was still green (it had about 1,300 miles on the odometer) these figures look to be markedly higher than the factory rating after parasitic driveline loss is taken into account. We'd love to see what one would dyno after about 5,000 miles, but another 10hp is about normal. If the power comes up 10hp after break-in, that would put flywheel output over 320hp after a nominal 15 percent driveline loss.
|4.6L (281 cid) Three-valve V-8 Engine
|Track, f/r:
|Fuel capacity:
|16 gal.
|Oil capacity:
|6.0 qt.
|Coolant capacity:
|12.5 qt.
|EPA interior room:
|97.9 cu. ft.
|Cargo volume:
|13.1 ft.
|Hip room:
|Shoulder room:
|Engine type:
|4.6L 90-degree V-8; alum. block & heads
|Bore x stroke:
|3.55 x 3.54
|281 cu. in.
|Compression ratio:
|Fuel injection:
|Electronic returnless, sequential
|Throttle body:
|55mm dual bore, electronic throttle control
|SOHC; 3 valves per cyl., variable cam timing
|300 hp @ 5750 rpm
|320 ft.-lbs. @ 4500 rpm
|6,250 rpm
|hypereutectic alum.
|Connecting rods:
|cracked powdered metal, floating wrist pins
|87 octane
|5-speed Tremec 3650 standard, 5-speed
|auto optional
|Final drive ratio:
|3.55 (manual), 3.31 (automatic)
|8.8-inch straight axle, 31-spline axles
|Fuel economy:
|17/25, manual; 18/23 automatic
|Gear ratios (manual):
|3.38, 2.00, 1.32, 1.00, 0.67
|Gear ratios (automatic):
|3.25, 2.44, 1.55, 1.00, 0.75
|reverse-L independent,
|MacPherson strut, 34mm
|tubular stabilizer bar
|three-link solid axle
|with coil springs,
|Panhard rod, 20mm
|solid stabilizer bar
|rack & pinion with power assist
|Overall ratio:
|Turning circle:
|38.0 ft.
|12.4-inch vented disc, dual-piston
|floating caliper (alum.)
|11.8-inch vented disc,
|single-piston caliper (iron)
|vacuum, standard ABS
|Wheels & Tires
|Wheel size:
|17 x 8-inch wheel
|Tire size:
|Base curb weight (manual):
|3483 lbs.
|Base curb weight (automatic):
|3518 lbs.
|Max towing capacity:
|1000 lbs.
|Weight distribution:
|GT Standard Equipment:
|ABS brakes
|dual 2.5-inch stainless exhaust
|rear defroster
|fog lamps, duel power side mirrors
|remote keyless entry
|rear spoiler
|cruise control
|second-generation air bags
|5-speed manual trans
|air conditioning


text:
Showing resources in...BUSINESS NEED Workforce Management INDUSTRY Energy TYPE Webinar Replay Clear All Filters
Managing the Future of Work in Manufacturing
In the face of digital transformation, learn how you can leverage technology to propel your most valuable asset — your people — into the future of work.
Examining Global Talent Trends and Modern Workforce Technologies in Manufacturing
Stay current and prepare for the future of work by leveraging automated scheduling technologies that support the evolving landscape.
Impact of Digital Transformation on the Employee Experience
Learn how your organization can manage the shift to digital transformation and leverage technology to ensure a highly engaged and productive workforce.
5 Steps Manufacturers Must Take to Engage the Gen Z Workforce
To remain competitive in the war for talent, manufacturers must create a work environment which attracts, engages, and retains the future workforce. This webinar will discuss five actionable steps manufacturers can take to get there.
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text:
Friday, May 25, 2007
Jays Ride A-Train To Victory
3 comments:
- Joanna said...
maybe Lexi has some sort of attitude problem. He has admitted in the past that he is very emotional and he seems to get sulky sometimes. He played really well last year when he platooned with Hinske. It really lit a fire under his ass. So maybe Gibby is trying to create Hinske-less ass fire. Or maybe Gibby is just annoying. That's always a possibility. Thanks for the shout-out re. Litsch, btw
- May 25, 2007 at 8:55 AM
- hmcs e said...
ehhh, it was probably just a day off -- with 4 outfielders and Thomas hogging the DH spot, you've got to keep them all somewhat active -- at least he used him as a pinch hitter this time instead of Johnny Mac -- I also agree that he seems to need an occasional reminder that playing every day is a priviledge -- can't fault Gibby this time, he made the right moves
- May 25, 2007 at 11:06 AM
- Tao of Stieb said...
Well, when you are in the top ten in the AL in HRs, and you are the most consistent hitter your team has, then you have probably earned the "privilege" of starting every day.
- May 25, 2007 at 11:12 AM


text:
Five ways to lighten the Thanksgiving Day calories
By Chuck Barney
Contra Costa Times
Posted: 11/22/2010 01:00:00 AM PST
Ah, Thanksgiving -- the holiday that wages war on our waistlines. The American Council on Exercise (ACE) estimates that the average citizen inhales 4,500 calories and gains 3 to 7 pounds on Thanksgiving. But it really doesn't have to be that brutal. By making better choices you can still indulge without breaking the caloric bank. With that in mind, we invite you to check out these five strategic alternatives.
-- Chuck Barney
That drumstick might look inviting, but dark meat is about twice as fatty as white meat. A four-ounce slice, with skin, carries 206 calories -- even more if it's cooked in loads of butter. Healthier option: Sticking with breast meat -- with a portion the size of your fist -- will save big on calories and fat.
At 450-500 calories per slice, pecan pie is a big, gloppy disaster just waiting to happen. Proceed at your own risk. Healthier option: Go for the pumpkin pie (330 calories) instead -- and don't be so quick to pile on the whipped cream.
Traditional stuffing is loaded with fat and sodium and the calories pile up even more if it's cooked inside the bird. Healthier option: If a green bean casserole (without the cream sauce) is on the table, it's your better choice at only 100 calories per cup.
candied sweet potatoes -- all covered in marshmallows -- are more sinful than sweet, packing up to 250 calories per half-cup. Healthier option: The mashed potatoes are your better bet -- especially if you don't slather your spuds in gravy (170 calories per serving).
Mixed drinks tend to have a high amount of concentrated sugar and quickly add empty calories. Healthier option: Wine is typically the most diet-friendly choice. Each five-ounce glass carries about 100 calories with no cholesterol, sodium or fat. Or save the calories for dessert and drink water.
Sources: ACE, Men's Health, calorieking.com.
**If I may add...Drink at least 8oz of water prior to your meal and feel fuller faster! Have a Happy & Healthy Thanksgiving.
~Peace & Blessings~


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Colorado Democrats to make history
All four legislative caucuses will meet at the state Capitol this morning to elect new leadership for the next two years, but only one is guaranteed to make history.
Mark Ferrandino will be nominated for speaker, making him the first openly gay lawmaker to preside over the Colorado House. Democrats took back control of the House in Tuesday's election.
Ferrandino's nomination comes six months after the dramatic death of his civil-unions bill in the Republican-controlled House, and two decades after Colorado became known as the "hate state" for passing a ballot measure concerning workplace discrimination that was deemed anti-gay. Amendment 2 was later overturned by the U.S. Supreme Court.
In the Senate, Democrat Pat Steadman, who is gay, also is under consideration for president but there are other candidates.
If Steadman were to win, Colorado would become the first state in the nation to have both chambers in the legislature led by gays, said Denis Dison, of the Gay & Lesbian Victory Fund. Only four years ago, Colorado became the first state to have both chambers led by black lawmakers.
Currently, California and Rhode Island have gay House speakers, Dison said, adding that Oregon's next speaker likely will be a lesbian, a first in the country.
Minnesota had the distinction of having the first gay Senate president, he said.


text: 6 Weight Loss Drinks To Sip This Summer slimquickcoach | July 7, 2015 Nothing says summer like sipping down on an ice-cold lemonade or swigging back a sweating soda bottle on a sizzling summer's day. However, while these sweet beachy beverages may satisfy your summer-time thirst, they definitely don't bode well on your summer-time beach body. Staying hydrated in hot weather – and all year round – is key to trimming down your… Read More