maestro64

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maestro64
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  • Apple won't make NDA exceptions for workplace harassment cases

    These are legally binding documents approved by a court it's not as simple as apple releasing them it will have legal ramifications for apple and may void other legal protections they have such as voiding trade secrets or other disclosure agreements current and former employees signed.  

    Apple has no reason nor do the employees or courts have a single reason to release these as both parties signed them not under duress, in the right state of mind and could be reviewed by counsel before signing. 
    First of all NDA's are not approved by the courts, these are Documents drawn up by the company and employee are asked to sign in exchange for employment at the company. May time companies also have employee sign them again upon leaving to ensure they keep their month shut about what they have worked on. It is sometime hard to get exiting employees to sign them. The only time it usually works is if the company terminate you for any reason like a layoff and they hold severance pay as the reason to sign. This is not pay owed to you but what the company is willing to pay for you to keep you mouth shut. Generally companies can not force you to sign without giving you something in exchange for your agreement to sign.

    In this case these activist want Apple not to use NDA when they settle with someone about any sort of harassments claims or other bad activities that may happen. If you file a claim against the company and they choose to settle with you and as part of that settlement is you get money and are required to sign an NDA on what happen. Apple does not have to give up the requirement for and NDA in this case. If someone wants to speak out against Apple and what happen to them they are free to do so, but they can not take the money or sign the NDA. Just walk out and tell everyone your story the company can not stop you, however, you better have all your fact straight, because if you say something which is libel you could find yourself in world of hurt.

    This is the problem, people want to make a claim, then collect money for what happen because the feel they were wrong and want compensated and then tell everyone what happen and take down the company and others. If people feel that strong about what happen and think it should be known, then quit the job, do not pass go and collect $200 and feel free to tell anyone you like and file your claim in court and fight it out in public so it fully document for the world to see. Most people rather take the month and sell out their so call principles and do not care if someone else is hurt behind them. 
    gatorguy
  • Apple to ask all employees to voluntarily report Covid vaccination status

    AppleZulu said:
    maestro64 said:
    AppleZulu said:
    maestro64 said:
    AppleZulu said:
    maestro64 said:
    Obviously we have people on both sides some say people should be forced to get vaccinated and some that say it is personal choice. For those who are upset the Government/Companies has not forcing people to be vaccinated here is the reason why, this dates back to the 1920 100 years ago. When the government mandate the force sterilization of men and women, a "government mandate medical procedure." This went on for 50 yrs until the another Supreme court finally stop the practice.  

    https://en.wikipedia.org/wiki/Buck_v._Bell

    The venerated Oliver Wendell Holmes wrote the decision upholding the Virginia law that ended a woman's right to be a mother, by saying it was no different than vaccination:

    "The judgment finds the facts that have been recited and that Carrie Buck 'is the probable potential parent of socially inadequate offspring, likewise afflicted, that she may be sexually sterilized without detriment to her general health and that her welfare and that of society will be promoted by her sterilization,' and thereupon makes the order. In view of the general declarations of the Legislature and the specific findings of the Court obviously we cannot say as matter of law that the grounds do not exist, and if they exist they justify the result. We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the strength of the State for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with incompetence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Jacobson v. Massachusetts, 197 U.S. 11 , 25 S. Ct. 358, 3 Ann. Cas. 765. Three generations of imbeciles are enough.

    Holmes cites this case about smallpox vaccine and even claims in this case if the vaccine may not be the best solution and may harm the person for various health reason the government still have right to force you to be vaccinate for community heath reason.  https://en.wikipedia.org/wiki/Jacobson_v._Massachusetts there has been a lot of except to this law over the years, however, you notice they not willing to use this case law today.

    At the Nuremberg trials, Nazi doctors literally cited Buck v. Bell in their own defense. this should make everyone sick.

    Buck v. Bell has never been officially overturned. In 1978, however, one victim of forced sterilization sued the State of Oklahoma before the Supreme Court, and won. The decision resulting from Skinner v. Oklahoma created legal obstacles that effectively put a stop to mass compulsory sterilization. 

    Everyone in government know about these cases and they know they will go afoul of the law that prevents them from mandating anything medical.

    Our government know they can not mandate anything, however, they are making it very hard for businesses to operating unless they mandate vaccination. Case are already making their ways through the court it going to take years but most likely Companies will also run up against the same laws and rights as the government. Notice no one in the media is talking about this and why the government is not mandting. Becuase they do not want you know you have legal rights to do what is in your best interest.

    For those who think it is your right to tell others what to do, think again, you have no such right. nether does the government. However, you are free to do what you want to protect yourself and you are free not to associate with people you do not agree with. In this case if you feel you are at risk then get vaccinated and if you do not think that is enough wear the mask or the whole hazmat suit. Nothing I or anyone else is doing is interfering with your ability to protect yourself.

    Also company may run afoul under HIPPA, they are not allow to ask anyone about their medial affairs, thus all these volunteer requirements, which are not really volunteer since they are holding your job over your head, most likely will not pass scrutiny once legally challenged.

    It will not stop this current government from ignoring the laws of this land and your personal rights they did it with the rent eviction moratorium. They knew they had no legal ground to stop people from being evicted from property they do not own. But government went ahead and did it anyway, Supreme court set them straight, but they again tried to extend the illegal mandate and got told again to stop. This government is only interest in see what they take away from your verse preserving what is rightfully yours.

    That is a BS argument. Vaccination mandates are not forced sterilization. Vaccination mandates have been upheld by the courts, including the current Supreme Court. 

    Also, HIPPA is not a thing. HIPAA refers to the Health Insurance Portability and Accountability Act of 1996. Unless you are part of a healthcare entity, the private protections in HIPAA do not apply. HIPAA does not prevent your employer from asking if you are vaccinated, including asking for proof of it. Even if you are part of a healthcare entity, there are exemptions to restrictions on disclosure of health information as it relates to a public health crisis.

    I am tired of BS misinformation being spread on this subject. This misinformation is killing people.
    Sorry for my Typo, HIPAA applies to any company providing insurance, they are not allow to know anything about your medical records/condition IE healthcare provider can not provide any information about your health unless you volunteer it yourself thus the reason companies are asking people to self disclose. Again they can not mandate it, your heath matter are your private business and the ADA prohibit someone being fire due to their health as well as other laws. If a company wants proof of vaccination they need to request medical record and you have right not to share that with your imployeer. So it basically the honor system. How do I know this I worked with my companies HR Benfits person and had an issue with the insurance company and HR person made it very clear they were not allow to talk to the insurance company about my medical issue in my case my daughters case, unless I specifically gave permisison to share that specific informaiton, only then could the company know the specifics. HIPAA is broader then just health records being portable, the main part of the law is all records must be private and not to be seen by anyone who is not authorize to view those records.

    You obviously did not read the cases, the Buck V Bell relied on the vaccine law from 1902 Jacobson v Massachusetts as justification manidate governement medial procedure and over the years. It has been over written and found to be bad case laws as well as there as except to Jacobson v Massachusetts. If the government thought they had strong standing to mandate and force people they would have envoked Jacobson v Massachusetts and they have not becuase they can not. By the way there are whole communites which as not vaccinate in the country and one of the largest one is the Armish communities in various states. It not BS argument, it is the current state of the laws in this country, if you thing it should be different file a law suit saying your person freedom are infringe by someone not being mandated to be vaccinate see how far that goes. 

    The only thing killing people is their own personal responsibility to do rigth thing for themselves. Also what is killing people if their own person health habits but no one is talking about that, this is beyond people who are older and have naturally declining health. If you are going to manadite things which you think is killing people, then mandate no one drive that killed more people prior to this, why not manidate health eating since lots of people die every year from poor health due to poor eating, By the way this effect everyone too since we all pay higher cost becuase its killing people. Tell me how someone getting Covid affect your daily life beside the higher cost we will all now pay.
    Wrong. Employers can require vaccination and neither HIPAA nor the ADA prevent that.

    https://www.hhs.gov/answers/if-my-employer-requires-proof-of-my-covid-19-vaccination-status/index.html

    https://www.webmd.com/vaccines/covid-19-vaccine/news/20210601/eeoc-says-employers-can-require-covid-19-vaccination

    If you honestly don't know how people getting Covid affects the daily life of others yet, you will.
    Coming from the same government agencies who also said you could not evict tenants who have not paid their rent because of pandemic. The supreme court has ruled the government agencies do not have legal authority to advise people they could not be evicted. Please read the 14 amendment on this topic equal protection and propery rights.  I would advise you not to trust the HHS or EEOC they only put those statements out since they were told to do so they do no site any case law which back their position. My wife works in the recurring industry and she will tell you the EEOC never advise companies how to comply with the employment laws, they are only there to tell you when you did it wrong and when someone brings a case against a company. All of sudden they telling employers they can force people to get vaccinate. If a company listens and looses in court the company can not go after the EEOC for the bad advise, keep that in mind. It like people on the interet telling people how to live their life and when it all goes wrong its not their fault you listen to them.

    I have plenty of training and education on what you can and cannot do with an employee and what you can and can not ask about their heath. I was taught by employment lawyers and law firms I would trust them over you or the bureaucrate in the government. Remember people in government never loose their jobs for being wrong. You can not ask anyone their medical status to get a job or keep the job, unless you can prove it is a requirement of the job. i.e health care people have to show they are vaccinated for lots of things since it is a requirement for the job. It is like asking someone are they pregnant or they have some medical condition like aids. There are other infectious diseases why aren't they asking about them. This list goes on, companies will have to prove it is a requirement of the job to require a vaccination. There is plenty of employement case law on this subject.

    Ask yourself one simple question, If you think the government has the legal authority to force people to be vaccinate why haven't the government done so. Why didn't they do it when they did not hit the 70% vaccination in July. Why are they only encouraging companies to force vaccination. The government has already done things which they did not have authority to do like baring people from going to church and the courts have said the government has over step their authority. More and more examples of the government over stepping their authority relative to the pandemic is coming out.
    Sure. Your personal interpretation of the law carries so much more weight than the agencies charged with interpreting and carrying it out. 

    Kind of like how some guy on the internet is highly authoritative as he claims horse dewormer ‘really works’ at treating Covid, but the CDC and FDA are full of it when they verify that the Covid vaccines are safe and effective. 

    This idiocy is why hospitals are so full of unvaccinated people suffering and dying that those hospitals no longer have the capacity to serve and treat people with other healthcare needs, so now they can just suffer and die, too. 
    It is not my interruption of laws, it is a lawyers who's jobs and gets paid big $ to know and fought and won cases against the government when they filed lawsuits. I will take their advise over any government agency. People who work for the government are not your best example of people who know things. Anyone who know anything gets better paying jobs in private sector. The government get what the private sector does not want. Plus I gave you number of examples where government agency said they had the authority and the court said they did not. Again no one gets fired in the government for being wrong, people in the private sector get fired all the time being wrong.

    Try calling the IRS up some day and ask them about the tax laws and how to answer a question on your taxes, they will not help they tell you to consult a tax expert. But they will show up at your door when you did it wrong and will not explain what your did not wrong.

    Second, you have people ended up in hospital, first, because you can not fix stupid, there are plenty of ways to avoid getting sick and people are making personal choose to do what they want. Welcome America, if you do not like this system go to China which is lock people in their homes.  The other reason is we have large number of people who are not healthy and this is for a number or reason, the largest group are people who refuse to take personal responsibility for their own heath. 

    As far as I have heard not one with non-covid issue are dying because hospitals are over run, they were never over run, there is not data to back that up. However, last year when the government order everyone to stay home and all elective surgeries were stop and hospital let go staff and people were afraid to go to the hospital since the media scared everyone into thinking hospitals were filled with covid patient, their is evidence that some people died who would otherwise be alive.
    designrrare
  • Crews clear encampment, relocate homeless living on Apple land

    AppleZulu said:
    Kuyangkoh said:
    The richest nation with a large  homeless citizens. The highest tax State with the highest homeless residents. WHY, HOW COME? 
    1) Minimum wage laws have not kept up with the minimum costs for people to house themselves. If a person working full time can't afford housing, they will either be homeless or be supported by public and private subsidy. The cheapest way to address that would be to require employers to pay a minimum wage tied to actual cost of living. Yes, that would make your hamburger more expensive, but paying the actual cost to make the hamburger so that the employee can be paid enough to pay their rent is far cheaper than paying an artificially low price for the hamburger plus paying taxes and charities to manage programs to help impoverished people obtain housing, and then pay more taxes and charitable donations to try to deal with people in crisis because they're homeless, can't afford housing and can't get a job because they're homeless. Ironically, a real minimum wage is the most conservative, least government interventionist way to simply put up a guardrail to make capitalism actually work, but conservatives are the ones who will fight it the hardest, thus necessitating less efficient, more government-oriented responses.

    2) Insufficient public resourcing for healthcare, particularly behavioral healthcare. Everyone needs access to both physical and behavioral healthcare. Because most people value the lives of their loved ones and themselves at infinity, healthcare is one thing that does not and will not respond to supply-and-demand economics. Our patchwork system of private insurance and healthcare provision that pretends that it will respond to normal economics simply creates a system that is effective at siphoning off huge amounts of money (because the demand side always pushes toward infinity), but terrible at supplying the full panoply of healthcare to those who need it when they need it. Add to that the irrational stigma around needing and seeking mental health care, plus an opiate crisis generated by sociopathic opportunists, and you have a real problem with homelessness.
    Minimum wage is currently not intended for someone to buy a home or pay monthly rent. A Minimum wage job by definition is for people who live in a household which has other sources of incoming, most of the people being paid minimum wage are kids, if you are working a minimum wage job and not a kid living under your parent roof you need to ask yourself what you are doing wrong. There are plenty of jobs out there that pay a lot more than minimum wage but those jobs required you to actually work hard. 

    Constructions pay a good wages, the trucking industry has been offer people starting wages of $55k a year (no experience required and they provide training) and this is for a driver job which is local and home every night. If you willing to drive cross country those drivers are making $80K to $100K, There has been a shortage of driver for the last 10 yrs so this is not a new thing. 

    Even as a kid when minimum was as $2.90 I never work a minimum wage job I always was able to find jobs which paid more. I think the lowest pay at got at the time was $7. Those were not easy jobs, work at a car dealership prepping new cars, work in a lumber yard loading contractors trucks, working on golf course taking care of greens and fairways. These kinds of jobs are still available today paying better then minimum wage. Every place where local governments increase minimum wage they lost jobs, companies found ways to do more with less labor. McDonald one of the largest employee of minimum wage employees, is finding ways to eliminate those jobs they are looking at ordering kiosks so they do not have to hire someone to take your order.

    The reason you have people out on the street who have mental health issue is due to the fact they closed all the facilities who use to treat these people. The same group of people who said it was cruel to put these people in facility and demand they be closed and they should be allowed to be free to do what they want, they are the same group now complaining there are not enough resources. Look this up, back in the 60's and 70's the government closed the treatment facility an opted for out placement treatment because the so called experts said patients would seek out the treatment can come in as needed once they started to feel better. Well that experience failed.

    As person who lived in the Silicon Valley and visited SF all the time, this problem is not new, back in the 80's you would go SF and see entire families huddled in doorways of businesses this was before they set up the tent cities in city parks in the 90's. This was a shock to see coming from the east coast which most homeless people you saw where single men and a few women. SF government promise to fix this, here we are 30 years later and the situation is far worse. Back then the idea was to move people to places where they could afford to live. Believe it or not people in government argue it was unfair and inhuman to move people to places where they could afford to live. Their solution was to provide people all kinds of freebees which is now causing people to moving from other states to be homeless in Calif. Most of the people on the streets in CA are not even originally from CA. In Calf if you are not making $100K and want to live in SF or Silicon Valley you could be homeless. There are people making $50K to $60K living in their cars.  

    I am curious how Apple is removing people since the court held that you can not remove homeless peoples property, this is specific to public land, however, it is being used on private land as well like people using parking lots to sleep in their cars.

    Then you have this case. The government made mess of the situation and realized it got so bad they now want to try and fix it and the court are saying no you can't. Becuase you have lawyer arguing people and live anywhere they like if they do not have shelter.

    https://www.latimes.com/california/story/2019-12-16/homeless-boise-ruling-case-supreme-court
    JMStearnsX2JSR_FDED
  • New malicious Lightning cable can steal user data from a mile away

    Okay this cable is scary, they can do this with a cable just plugged in. How many of you just plugged your phone into a cable which was just laying on a table. I guess I need to make sure only to use my cables from this point forward.
    watto_cobra
  • FTC bans 'brazen' SpyFone surveillance app, firm must notify victims

    So how did this software get install on peoples phone, who installed it, was it this company or someone else. If it was installed by someone other than the company how would the company know who has it installed on their phone. 

    Really the FTC is banning them because the information from the targeted phone when transfer to the listening/observing party was not encrypted, really this is what they are upset about, how about the fact people were being spied on. Oh I forgot they can not be upset about that since our own government does the same things to people, I guess our government encrypts the data before they send it along to the receiving party.

    UPDATE: Okay never hear of this software, it is used to keep track of your kids so they claim but it could be used for other things as well. I just simply asked my kids to show me their phones I bought and paid for, and if they were doing something they should not be, the phone got grounded or disconnect from the internet or cell network.
    beowulfschmidt