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The recall effort has roused California Republicans out of their despondency. Over the last several months, about 400,000 net new voters have been registered, with Republican registrations outpacing Democratic registrations by about 40,000. Latino voting registration barely budged. Democrats will emerge from this episode dispirited, divided, and full of recriminations. Leading Democrats have never liked the arrogant Gray Davis, who in the 1992 Democratic primary for the U.S. Senate ran a vicious TV spot comparing Dianne Feinstein to Leona Helmsley. This is one reason that California attorney general Bill Lockyer, who can be a nasty piece of work himself, publicly admonished Davis several weeks before the recall election about not resorting to "puke" politics. Lockyer''s comment proved helpful to Arnold in fending off Gropegate.
Why, many Democrats will ask, did we stick with such a loser? DNC chairman Terry McAuliffe looked stricken at his late California appearances with Davis. Hillary''s promised visit never occurred (no one in the media asked why), and Bill headed for the tall grass after one perfunctory visit with Davis to a black church. In contrast to Arnold''s extravaganza at the capitol, Davis''s last public rally in San Francisco required shipping in 900 out-of-state unionized firemen to help fill out a crowd. Cruz Bustamante, meanwhile, myopically ended his campaign in the barrios of East L.A. and San Francisco, rather than in the vote- rich suburbs where he was weakest. Between recriminations, Democrats are likely to deepen their paranoid grudges about Republican election stealing, and fall further into a rage. (Sample: Bob Mulholland-spokesman of the California Democratic party-said the following about Arnold''s closing rally: "He doesn''t draw as big a crowd as Hitler did.") The big question is whether Democratic apparatchiks like Gloria Allred will try to find their equivalent of Paula Jones to bring a civil suit for sexual harassment against Arnold as a means of keeping Gropegate alive, perhaps even eroding Arnold''s position to the point that a revenge recall drive could be started a year from now. Given the sheer number of allegations against Schwarzenegger, he could face a class-action suit. It sounds far- fetched, but so did the Davis recall six months ago.
The difference stems from the QB''s status as an active employee. Although the COBRA statutes permit an employer to terminate continuation coverage because of Medicare entitlement, the Age Discrimination in Employment Act prohibits replacing an employer from reducing or eliminating health care benefits of active employees simply because they reach age 65.Thus, Medicare entitlement usually cannot be a qualifying event that would result in a QB losing coverage while an active employee.But a QB who is already on COBRA and is not an active employee is not protected by the age discrimination law, and entitlement to Medicare after electing COBRA can be used to terminate coverage in most cases. Q When calculating overtime, do you include holidays and/or vacation time in the 40 hours or more per week? Is it considered a bonus to be included in the regular rate?
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