uFinal Decision In Uber Driver Class Action Won’t Come Until Appeals Court Decides On Arbitrationr

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  The trial in the case of California Uber drivers against the ride-hailing app is still going forward, scheduled for June 20, 2016. However, a few weeks ago, the judge allowed all of the drivers taking part to sue for mileage and phone bill reimbursement. Uber is appealing that ruling, and the appeal may not be resolved before the trial. This week, the judge ruled that he won’t make a final ruling until that case is resolved.

  If this sounds like a lot of legal nitpicking, it certainly isn’t that way for Uber. The question of whether all of the plaintiffs in the class action can sue for vehicle and phone expenses instead of just the right to collect tips from passengers could be worth hundreds of millions of dollars to Uber if the class of drivers wins. Drivers could receive up to 57.5¢ for every mile that they’ve driven passengers while using the app.

  Judge Edward Chen decided to add all drivers in California to the class action instead of only drivers who had signed up before the company included a mandatory arbitration section in its contract. Now an appeals court will look into the question of whether it’s legal for a company to require its independent contractors to waive arbitration at all, and the judge’s final decision won’t come out until that question is resolved.

  Uber Judge Puts Brakes on California Drivers’ Suit Outcome [Bloomberg]

  
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by Laura Northrup via Consumerist

uChipotle Changing Cooking Methods In Wake Of E. Coli, Norovirus Outbreaksr

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• 

  Weeks after Chipotle CEO Steve Ells proclaimed that the fast casual restaurant would be the “safest place to eat,” the company appears to be getting the ball rolling with a slew of new cooking methods aimed at preventing future E. coli and norovirus outbreaks that have recently sickened more than 200 customers in the U.S. 

  The Associated Press reports that Chipotle will tweak several of its current cooking methods while it continue to search for the cause of recent E. coli and norovirus contaminations.

  Under the new methods, which will be implemented in coming weeks, Chipotle spokesman Chris Arnold says the company doesn’t expect the taste of its food to change.

  Among the changes Chipotle plans to make are:

  • onions will be dipped in boiling water to kill germs before they’re chopped.
  • raw chicken will be marinated in re-sealable plastic bags, rather than the current method of marinating in bowls.
  • cilantro will be added to freshly cooked rice so the heat can rid it of microbes.
  • cheese will be shipped to restaurants pre-shredded.
  • ingredients like onions will be splashed with lemon or lime juice to kill germs.
  • 60 samples of every 2,000 pounds of steak will be tested before being sent to stores. A similar test for chicken will be performed.
  • Tomatoes, cilantro and other ingredients – with the exception of onions – will be chopped in a centralized location rather than in stores. This allows the company to test the products.

  The new cooking methods come after CEO Ells promised new safety standards during his string of public apologies.

  “It’s a really tough time,” Ells said during an interview on the Today show in early December. “I have to say I’m sorry for the people that got sick. They’re having a tough time. I feel terrible about that, and we’re doing a lot to rectify this and make sure it doesn’t happen again.”

  He went on to say that the company was implementing procedures that were “so above industry norms that we are going to be the safest place to eat.”

  Chipotle has been busy in recent months with its latest food-related illness issues, after more than 150 Boston College students fell ill with norovirus after eating at a campus location.

  This, on the heels of the nine-state E. Coli outbreak linked to Chipotle that’s sickened more than 50 people in California, New York, Ohio, Illinois, Pennsylvania, Maryland, and Minnesota.

  And earlier this week, the Centers for Disease Control and Prevention announced it was investigating five additional illnesses linked to a rare, specific strain of E. coli. The five people who became sick reported eating at Chipotle restaurants in Oklahoma and Kansas.

  Chipotle tweaks cooking after E. coli scare [The Associated Press]

  
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by Ashlee Kieler via Consumerist

uStudy Shows Women Pay Significantly More Than Men For Virtually The Same Productsr

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  It’s expensive being a woman, literally. At least according to a new study that found women will spend thousands of dollars more than men over the course of their lives on products that are effectively the same.

  The study [PDF], conducted by the New York City Department of Consumer Affairs, examined gender pricing in New York City, comparing nearly 800 products with clear male and female versions from more than 90 brands sold in stores and online.

  The products, which were virtually identical except for gender-specific packaging, came in five categories: toys and accessories; children’s clothing; adult clothing; personal care products; and senior/home health care products.

  In all, the study found that on average across the five industries, women’s products cost 7% more than similar products for men.

  

  When it came to toys and accessories, women paid an average of 7% more than men. Specifically, toys labeled as “for girls” cost more than boy-targeted versions 55% of the time.

  The study examined six product categories consisting of 106 items: bikes and scooters, general toys, backpacks, preschool toys, helmets and pads, and arts and crafts.

  In one example, the study found that bikes and scooters marketed toward girls cost an average of $86.72, while the boy-focused toy cost $81.90.

  Specifically, a red Radio Flyer scooter for sale at Target was found to cost just $24.99, while the designated pink girl scooter retailed for $49.99.

  

  Results were similar for children’s clothing, with girl-specific items costing on average 4% more than boy-designated clothing.

  DCA analyzed nine types of children’s clothing – children’s shirts, children’s jeans, baby pants, onesies, baby sweaters, baby shirts, baby shoes, children’s underwear, and toddler shoes – for a total of 168 articles of apparel.

  In one example for children’s jeans, a pair of Carter’s-branded skinny jeans cost $12 for boy, while the embellished pair designated for girls cost $14.

  

  Overall, the price discrepancy for children’s clothing was the lowest of all categories included in the study.

  Pricing becomes a bit more segregated when it comes to adult clothing with women’s clothing costing on average 8% more than men’s.

  In all, DCA analyzed 292 articles of clothing including dress pants, dress shirts, sweaters, jeans, shirts, socks, and underwear.

  Similar dress shirts from Levi’s cost $48 for men, but $78 for women.

  

  The widest pricing discrepancy was found in personal care products, where women paid on average 13% more than men.

  Of the 122 individual products analyzed, including shampoo and conditioner, razor cartridges, razors, lotion, deodorant, body wash, and shaving cream, the average item cost women $57.18, and cost men $50.75, a difference of $6.43.

  Similar packages of razors for sale at CVS cost women $2 more than men, $6.99 versus $4.99 for men. The discrepancy widened for razor cartridges, with women paying $18.49 and men paying $14.99 for Schick-branded refills.

  

  Senior home health care products also favored men in pricing, with women’s paying on average 8% more than their counterparts.

  The 106 items analyzed by DCA included supports and braces; canes; compression socks; adult incontinence products; personal urinals; and digestive health products, consisting of laxatives and probiotic supplements.

  In total, one of each average item cost women $140.46, and cost men $130.08, a difference of $10.38.

  On average, the largest price discrepancy was found in personal urinals; women were charged 21% more, with an average difference of $2.00 more per urinal.

  Perhaps the most confusing pricing difference came in the average price for supports and braces, which the study found came in nearly identical packaging. Women paid nearly 15% more than men in this category, with the average difference for these often-identical products being $4.74.

  

  While some of the pricing differences for gender-specific products were rather minuscule, DCA found that over the course of a woman’s life the disparities were significant. However, the agency did not provide a specific figure representing the costs over a lifetime.

  “Though there may be legitimate drivers behind some portion of the price discrepancies unearthed in this study, these higher prices are mostly unavoidable for women,” the study’s authors say. “Individual consumers do not have control over the textiles or ingredients used in the products marketed to them and must make purchasing choices based only on what is available in the marketplace. As such, choices made by manufacturers and retailers result in a greater financial burden for female consumers than for male consumers.”

  
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by Ashlee Kieler via Consumerist

u27 Photos Of Kids Who Are Totally Ticked Their Parents Made Them Hang Out With This Weird Santa Guyr

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• It’s a pact as old as Old St. Nick himself: in exchange for years and years of presents “magically” appearing on Christmas morning, to the youngsters’ delight — without being able to take credit for it — parents offer up their offspring to Santa Claus. In turn, they get the reward of gleefully sharing photos of the momentous event for years to come. This might be the only time it’s considered appropriate to find humor in a child’s fear, and that’s why we like to share your photos of kids being totally freaked out by Santa every year.

  And it’s a gift that keeps on giving — these screaming, caterwauling tiny humans will one day grow up to be fully-functioning adults who can not only share their past encounters with the bearded one, but set the wheels in motion with their spawn as well.

  Without further ado, we present this year’s crop of kiddos temporarily driven teary by their encounter with Kris Kringle.

  1.

  
  “Here is a picture of our daughter Abigail who, after waiting in line three hours to see her second Santa of the season, she was still not a fan.” — Dad T.M., who clearly believes in the maxim, “If at first you don’t succeed, try, try again (and take photos).”

  2.

  
  “Moses, 19 months. He was all about Santa from a safe distance, but once that curiosity became reality, he did not scream with delight.” — Caleb

  3.

  
  “This is Julia at 16 months. This is just what we hoped would happen. Payback for toddlerdom.” — Jenna

  4.

  
  “We visited our local mall Santa for a family photo and quickly found out our son Gavin didn’t want anything to do with him. We left without a photo. Later that week, unknown to us… His daycare arranged a Santa visit — this is the photo he came home with… I’m sure he has a Santa stalking complex at this point.” — James (you did your best, don’t blame yourself!)

  5.

  
  “My son, Timothy, one day short of 18 months old at this year’s ‘Breakfast with Santa’ at our church. Mommy was hoping to get a picture of them together with her phone, just visible on the left side of the picture, but that wasn’t to be.” — Rob

  6.

  
  “Calvin was not too amused when Mom wanted a picture of him with Santa. One year earlier at 6 months he had no problem sitting on the big guy’s lap. What a difference a year makes!” — Amanda

  7.

  
  “Our 18-month-old twin sons, Owen and Ben, during their first encounter with Santa.” — Angie

  8.

  
  “We waited in a very, very, VERY long and slow line [in 2013] to wait for THE premier Santa in all of Portland. With a (barely) 2-year-old. We should have predicted the outcome. Our son Oscar is 4 now, and whenever he sees this photo, he talks about how scared he was.” — Aimee

  9.

  
  “This is my son, Anders, age 2, taken November 2015. He was super happy until we plopped him in Santa’s lap, then he started bawling. This was the happiest pic we got and it is what is going on the Christmas card.” — Kelani

  10.

  
  “My twins Lance and Lana are 7 now — sorry I cannot provide any funny anecdotes. I was more traumatized than they were!” — Cherie, who had no luck with this… twice (see photos above, below)

  11.

  

  12.

  
  “My grandson Angel would not sit on Santa’s lap for a picture. Santa said, ‘I’ll bring you a choo-choo train.’ My grandson said, ‘No thanks.’ ” — Evelyn, who has a very polite grandson

  13.

  
  “It took little Maddie 2.3 seconds to go from skeptical to full on upset at being handed to a Santa. Later she would consent to a high five but otherwise. ‘No, no’ when asked if she’d like to tell him what she’d like for Christmas.” — Harold

  14.

  
  “Elliott, 13 months.” — C., a parent who lets photos speak for themselves.

  15.

  
  “I just had to submit this picture of my son’s first Santa Experience. Calex was 10 months old when this picture was taken in 2011, and it is still my favorite picture of him to date.” — SueAnna

  16.

  
  “Parker, age 3 (the happy one) and Connor, age 1.5 (crying). Connor wasn’t too thrilled with this year’s trip to see Santa.” — Tim

  17.

  
  “Gabriel and Taylor.” — Cassandra, another succinct parent.

  18.

  
  “This picture was taken in 2014. It shows my 1-year-old Devny meeting Santa for the first time with her 5-year-old sister, Presley. My wife is trying to get both to smile but only managed to distract them from looking at the camera. Santa just stared blankly at the camera waiting for me to take away this screaming mess of a child. It’s one of my favorite pictures EVER.” — Hunter

  19.

  
  “My son Jackson, age 8 months, Christmas, 2014. He did okay for a few seconds, but quickly lost tolerance.” — Rob

  20.

  
  “That’s me, Courtney, circa age two-and-ahalf, 1982… That’s my dad as Santa. I still feel a little terrible about this photo.” — Courtney, who should not feel terrible about this photo.

  21.

  
  “This photo was taken last year. My daughter was about 7 months old at the time and my wife and I thought it would be great to get a picture with Santa. The local haberdasher that I use (or more correctly, pay too much money to) brings in Santa once a year for photos with the kids as a way to get people in around Christmas. We made the trek down and put her in the new outfit my wife had picked out. Things were going well, they took a couple of nice photos, then they had to wait a minute to change camera batteries. That’s when it all went south in a hurry. They got the camera battery changed and took a quick picture of my daughter losing her mind while Santa held her.” — John, who is the second person I know who frequents a haberdasher.

  22.

  
  “Harley, 15 months old. Santa sure looks like he’s having a good time, Harley on the other hand… Both mom and dad think it’s as funny as Santa does.” — Adri

  23.

  
  “Logan was three years old when this was taken. We’re probably pretty bad parents, because we thought this was hilarious. We put it on all of our Christmas cards that year!” — Allison, who is not a bad parent just because this is hilarious.

  24.

  
  “On the right, wondering exactly when this massive hulk of a man will consume his little body: Matthew, 15 months old. The wife wanted ‘cute photos of both boys smiling’ so we trekked over to the local mall. Dressing them in matching outfits, we were ready for the cuteness to begin! Unfortunately, while Andrew was perfectly happy sitting on Santa’s lap and smiling at the camera, and Matthew was okay waving ‘hi’ to Santa from afar, bringing Matthew any closer than about five feet quickly led to a breakdown of epic proportions.” — Fernando

  25.

  
  “Here are my two kids together. Juliet, 3, and Jackson, seven months. Scary Santa on the Disney Cruise!” — Mom Michelle, who knows kids can’t escape Santa on a boat.

  26.

  
  “This is my child, Gumpo (age 4 at the time). This was his first visit to Santa at the mall. We take him every year — but this was the best photo. Those eyes…” — Wes, who we do not judge for submitting a photo of his cat — nay, we salute you, Wes.

  27.

  
  “Here is a picture of my daughter, Liz, when she was just four. I wouldn’t doubt that her older brother had talked her into this little trick.” — Denise, with one of the best photos ever that isn’t actually of a kid freaking out, but being totally awesome.

  For more fun with Santa, check out our archives for 2012, 2013, and 2014.

  
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by Mary Beth Quirk via Consumerist

uSouthwest Airlines Offering Free Gift-Wrapping Today To Passengers At 7 Airportsr

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  When traveling by airplane for the holidays and lugging gifts through security, there’s always the chance that the Transportation Security Administration checker will feel the need to unwrap your beautiful present. To make sure that’s not an issue for you, or if you simply ran out of time to perfect your presentation, Southwest Airlines and the Container Store are teaming up to offer passengers free gift wrapping, at select airports. 

  In all, Southwest and Container Store employees will be armed with loads of gift boxes, Santa sacks, sheets of wrapping paper, rolls of ribbon and tissue paper to tackle just about any wrapping emergency at seven airports today.

  The gifting station, open from 10 a.m. to 4 p.m., will be available to passengers once they pass through security, according to Dallas-based Container Store, noting that TSA recommends passengers don’t wrap gifts before screening.

  At the kiosk, passengers can receive free gift wrapping and packaging tips, as well as instructions on how to make a pom-pom bow or a florist bow.

  “Both The Container Store and Southwest Airlines are passionate about service and also love spreading joy with our customers each and every day,” the Container Store said in a statement. “What better way to spread holiday cheer and smiles than by treating travelers with stunning gift packaging from our expert employees while they are facing their busy holiday trips.”

  Container Store and Southwest employees will be on hand gift wrapping presents at the following airports: Dallas Love Field, Chicago’s Midway, Ft. Lauderdale-Hollywood Florida International, Seattle-Tacoma International, Denver International, Hartsfield-Jackson Atlanta International, and San Francisco International.

  [via The Dallas Morning News]

  
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by Ashlee Kieler via Consumerist

uComcast Starts Test Of Super-Fast Next-Gen Broadband Over Existing Cable Linesr

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  Earlier this year, Comcast confirmed that it would soon begin testing next-generation broadband technology that is supposed to provide faster connections than current fiberoptic networks, but over the same old cable lines. Yesterday, the nation’s largest cable company announced that it has taken the first important step in doing real-world testing of this new tech.

  Comcast and other cable broadband companies currently follow the DOCSIS (Data Over Cable Service Interface Specification) 3.0 standard for delivering broadband over cable lines. DOCSIS 3.1, which has yet to be deployed on any large scale in the U.S. is the latest version and it’s believed that it could ultimately provide users with access that is several times faster than the top speeds of Google Fiber and similar services.

  In a blog post yesterday, Comcast announced that it has installed its first DOCSIS 3.1 modem on a customer-facing network. The company would only say that it’s been placed in a “home in the Philadelphia area.” I’m pretty sure it’s not mine.

  The big selling point of DOCSIS 3.1 is that, unlike Comcast’s current rollout of its high-speed fiber-to-the-user network in certain markets, it doesn’t require the company to run new lines to customers’ homes.

  “The test used the standard cable connections that we have in homes across the country,” confirms the company. “All we needed was a new modem, a software upgrade to the device that serves that neighborhood, and a few good engineers.”

  In addition to the initial Philadelphia home, Comcast says it is testing the tech elsewhere in Pennsylvania, Northern California and Atlanta.

  Comcast says it plans to continue testing the new tech and installing the DOCSIS 3.1 modems in additional homes. Customers in some parts of the country can expect to see some sort of new service tier being offered by the end of 2016.

  Hopefully, because Comcast would not have to make the same infrastructure investments, it won’t charge anywhere near the ridiculously high prices ($300/month, plus up to $1,000 for installation and activation) it’s asking for its new 2 gigabit service. A city-owned fiber service in Chattanooga, TN, recently began selling service that is several times faster than that for the same monthly rate.

  The choice of Philadelphia for the first test — and the fact that Comcast singles out its home city in the announcement — is noteworthy, considering the timing.

  While Philadelphia has long played host to Comcast, it only recently concluded a lengthy and testy franchise renegotiation with the cable giant. During those discussions, some in the city leadership wanted to know why Comcast was testing all of its fancy new networks in other cities. Additionally, while Philadelphia is one of the poorest cities in which Comcast operates, the company chose other markets to test expansions of its low-cost Internet Essentials program.

  For its part, Verizon has been testing out a new system that provides faster speeds over existing fiberoptic lines. Similar fiber tech has been deployed over a city-owned fiber network in North Carolina.

  
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by Chris Morran via Consumerist

uIs The Origin Story For NORAD’s Santa Tracker A Cold War Lie?r

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  Tomorrow, newscasters across the country will share information about the whereabouts of Santa Claus, usually based on data from NORAD (North American Aerospace Defense Command), the military entity that monitors aerospace above the United States and Canada. This Santa-tracking effort is now celebrating its 60th anniversary, and its origin story is a feel-good Cold War fib.

  Since the video game “Missile Command” wouldn’t be invented for another few decades, how could NORAD predecessor CONAD explain its purpose to the public without frightening children too much? There’s one very familiar manmade object that flies well above North America once a year, during a period when news is slow and radio, TV, and newspapers have lots of time and space to fill. What if they tracked Santa’s sleigh?

  According to Matt Novak over at Paleofuture, the entire idea of the Santa Tracker is a cynical PR move that used the North Pole to give the scary machinery of the Cold War a friendlier face. It did begin with a real misdialed call to CONAD, though.

  
  The standard version of the story blames a local Sears store in Colorado, which misprinted a phone number for “Santa” in an advertisement. NORAD promotes this version, where kids trying to call Santa on Christmas Eve reached NORAD predecessor CONAD instead. A quick-thinking colonel pretended to be part of Santa’s ground team, and everyone at NORAD provided updates to kids who called all night long.

  What an amazing coincidence that the misprinted number went to the one military entity in charge of monitoring objects in the sky, and not to a butcher in Denver or something! We promulgated this version a few years ago, and it’s the version that Sears promotes, too.

  I think that the truth is actually better than the legend. Novak shares newspaper stories about the real original call, where a child in Colorado called up CONAD on November 30, 1955 looking for Santa. That was six days after Thanksgiving and well into the Christmas marketing season, but not Christmas Eve.

  That gave the sky-watchers the idea that they could pretend to watch Santa, which would allow them to explain their function by implying that the Soviets wanted to shoot down Santa. No, really. This idea was planted in kids’ heads firmly enough that one little girl sent a worried letter asking that exact question to President John F. Kennedy in 1961.

  An Associated Press story published 60 years ago today actually spells this idea out without naming the Soviet Union, but who else was near the North Pole and had missiles that could shoot down Santa?

  “CONAD, Army, Navy and Marine Air Forces will continue to track and guard Santa and his sleigh on his trip to and from the U.S. against possible attack from those who do not believe in Christmas,” the story says, because there’s nothing that the godless commies want more than to destroy our favorite bourgeois capitalist holiday.

  The Soviets never did shoot down Santa, and the Cold War ended. Yet NORAD is still there, scanning the skies, and they still let us all know where the sleigh full of presents is every December 24th. Share the tracker with your kids, but leave out the part about the godless commies until they’re a little older.

  How the U.S. Military Turned Santa Claus Into a Cold War Icon [Paleofuture]
  NORAD Tracks Santa [NORAD]

  
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by Laura Northrup via Consumerist