Wednesday 31 December 2008

San Francisco Minimum Wage Going UP

1/1/09 - the SF Minimum Wage increases to $9.79. And let's not forget that poster! Here's a free one. The $9.79 minimum applies to all private sector employers. But city government contractors have a higher minimum wage $11.54. And here is your poster, government contractor! Happy new year anyway.

Tuesday 30 December 2008

Court of Appeal: Employer Must Disclose Classmember Info Even Over Their Objection?

The general trend has been that the courts do not mind -- at all -- if employees' names and addresses are disclosed to plaintiffs' attorneys in class action cases. The most an employer can hope for is the right to send out an "opt out" form before disclosure, where employees must affirmatively deny their consent to release the information.

Well Crab Addison (operator of Joe's Crab Shack) decided to go one better: send out the "opt-out" form to all employees before it was required to disclose the information in discovery, but without specifically discussing the lawsuit at issue. Here's the form:

RELEASE OF CONTACT INFORMATION
From time to time, Joe’s Crab Shack (the “Company”) may be asked to provide your contact information, including your home address and telephone number, to third parties. The Company may be asked to provide such information in the context of legal proceedings, including class action lawsuits.

We understand that many employees may consider this information to be private and may not want it released. Accordingly, please indicate whether you consent to the disclosure of your contact information by marking the appropriate box.
__ No, I do not consent to the Company’s disclosure of my contact information to third parties.
__ Yes, I consent to the Company’s disclosure of my contact information to third parties.
__ I would like to be asked on a case-by-case basis whether I consent to the disclosure of my contact information to a particular third party, and my contact information should only be provided if I affirmatively consent in writing.

No sale, said the Court of Appeal, affirming the trial court:

to the extent the right to privacy is based on the release forms, there are strong reasons for not giving effect to those forms. Employees indicating that they did not want their contact information disclosed, or wanted disclosure on a case-by-case basis, were unaware at the time they signed the forms of the pending litigation to enforce their statutory wage and overtime rights through a class action lawsuit. We may presume that, had they known about the litigation, their response on the form would have been different. Additionally, the forms apprised them that their contact information could be disclosed if required by law, so they were aware of the limitation on privacy offered by the forms.

So, nice try. With a proper disclosure about any existing litigation, it's possible such a form could be given more deference by a court. But the courts seem unreceptive to efforts to preclude plaintiffs from contacting employees.

The case is Crab Addison, Inc. v. Superior Court and the opinion is here.

Friday 26 December 2008

Travels In Pakistan, Part 1-3: The New War, The Old Culture, and Load-shedding

As part of my winter break, I've been travelling to Pakistan over the past two weeks. I kept a series of short observations about what i'm seeing, but haven’t gotten around to putting them up until now so here are the first few:


Pakistan, Entry #1: Winds of War?
There has been a lot of hoopla here lately and talk of a Coming War With India. This comes in the aftermath of the Mumbai terrorist attacks. The Indian government has accused the Pakistani government of, well we’re not quite sure here, except that the terrorists were trained by a group here in Pakistan, and the one remaining terrorist may or may not be a Pakistani citizen. Read More...



The Indian government has held that the Pakistani’s aren’t doing enough to crack down on terrorism, and have included the option of surgical strikes within Pakistan as part of their response. This has the Pakistani public up in arms and the armed forces on high alert. There was an incursion for a few minutes into Pakistani airspace by the Indian Air Force earlier this week which raised the stakes.
The Pakistan Air Force (PAF) scrambled jets over a few major cities, including Lahore, a few days after the Indian incursion, in a show of strength. People were out on their rooftops in Lahore to find out what was going on and if the Indians were attacking. The news channels here are filled with discussions of what might happen between the two nuclear-armed countries.



Coincidentally, I wasn’t in Lahore during the fighter jet flights, but was visiting a PAF base up in the mountains between Lahore and Islamabad. We vistied a relative who's married to a commando in the PDF, who told us that these kinds of airspae incursions happen all the time, but this one was in ain unusual geography and longer than usual. Later in the week, something happened that we don't iknow about, but Pakistan's armed forces were put on high alert, and he wasn't allowed to the leave the base. Some units of the Pakistan army have already been directed to Kashmir.



Most people think that the situation is more serious than it’s been for a while; India recalled all of its 100-plus ambassadors from around the world this week. Supposedly they had done that before the 1971 war as well.



Pakistan has already said that if India attacks, even a surgical strike on uninhabited bases, it would move all of its forces from the Northwest border with Afghanistan to the eastern border with India and respond. The U. S. doesn’t want that because of the ongoing issues on the Afghan border. On the other hand, U.S. drones are constantly making strikes inside Pakistan – killing a few people here, a few people there, so the U.S. army isn’t very popular in Pakistan at the moment either.



Then there's the danger of this escalating into an all out war, whch no one wants. The traditional rivalry between Pakistan and India is alive on this side of the border, and perhaps on the other side as well.



For a moment, we were worried that our flight out of Lahore would get cancelled or delayed. After the initial hoopla though, everything seems to have settled down. As the Chinese say, "May you live in interesting times."



Pak, Entry #2: Lahore Culture and Visit to the Mountains


I had always assumed (like many in the west, I think) that Pakistan is a pretty homogenous place, culturally. After all, it’s over 90% Muslim, and was created in the partition from India in the 1940’s to be a place for many of India’s muslims to have their own homeland.


What i’ve found that Pakistan is a pretty diverse cultural place with a long history. In Lahore, after I arrived, we had dinner (on my birthday) at Coocoos, a well known restaurant in the old city of Lahore. It is an old brothel converted to a high class restaurant in a very historic building, with buddhist, hindu, and islamic artwork and architecture on display.


The history of Lahore reflects many periods, including as one of the key cities of the Moghul empire from the 1400's to the 1700's. Rulers of this empire, which went from Kabul to Delhi, included Shah Jehan, who built the Taj Mahal in India and the Badshahi Mosque in Lahore, which shares a lot of architectural characteristics with it. The Mosque is an impressive site, and has a large open courtyard that feels almost like you’ve entered another world, forgetting the busy city of Lahore while you are inside.


Next to the mosque is one of the sacred tombs of the Sikhs. Next to that is an ancient Shi'ite place of worship. Nearby is the Lahore museum, which has many interesting historical artifacts on display. In Lahore itself, many of the well laid out sections of the city and well-know roads (Mall Road, Canal St) were laid out by the British, who left their mark all over Pakistan and India.



As you move beyond Lahore, more elements of Pakistan’s past come out. I went up into the Salt Range mountains between Islamabad and Lahore and stayed there for a few days. There I visited Ketas, which contains the remains of well-known hindu and buddhist temples. There were at one point, seven temples in one holy site.



The Hindu temple is built around a small lake, which legend has it was formed when the Hindu God Shiva shed tears after the loss of his wife. It is considered one of the holiest sites for Hindus in Punjab. The Buddhist temple, better preserved, contains very narrow stairs which wind around intricate chambers all the way up to the top of the temple, which offers a striking view of the area.


Across the street are Buddhist caves, which were used by Yogis to sit in meditation and contemplation. I had read about caves being used by Yogi's and seekers of enlightenment in ancient times, but have to confess this is the first time I actually saw a cave used for this purpose. I'll definitely write more about what I felt and sensed in these caves and temples in another forum.


This site demonstrates the rich intertwined history of different religions and sects in this area. A Muslim scholar, El Burreni, went to Ketas, learned sanskrit, and is best-known for measuring the radius of the earth from there many hundreds of years ago. The temples themselves were built more than two thousand years ago.
Near there, we visited the tomb of a Sufi, who is considered a local saint, and which peacocks are known to visit. Next to his tomb was a cave where another local saint came and did prayer for forty days and forty nights. The importance placed on tombs of Sufi’s in particular, religious mystics who often wrote and quoted poetry (who espoused a very different view of Islam from the western stereotypes being promulgated via the Taliban, etc. today), was one of the more unexpected bits of Pakistani culture. Having lived in the Middle East in the midst of Islamic countries before, this was almost entirely new but entirely ubiquitous within Pakistan.



On that same trip through the mountains, we also saw some gypsy girls, who looked different than the other residents of the area. They were much fairer skinned and had very pale colored eyes. I was told they came from the northern reaches of Pakistan, and were most likely part of tribal groups that were descendants of the soldiers of Alexander the Great who passed that way on his way to India.



Somewhere up there is the home of the Ismaelis, a sect of Islam led by the Aga Khan. Somewhere near there is an area in the north called "Kafirstan" which consists of an entirely different religion and culture from the rest of Pakistan. Near the border with Afghanistan, in addition to speaking Pashtu, there are the remains of the Gandara civilization, which built many Buddhist temples and statues (included in the Big Buddhas in the mountains that the Taliban so callously blasted down a few years ago).



Being in Pakistan, I'm sensing a rich cultural history with many variations and texture across this land. Pakistan is kind of a cross-roads – linking the civilizations of the Middle East, Central Asia, and the Indian subcontinent with a bit of British history thrown in too. I think one could spend a lifetime studying the very different cultures and traditions that make up this enigmatic land. And I haven't even visited Karachi, the biggest city in Pakistan, or Islamabad, the capital city, on this trip. That’ll have to be on my next trip.



Pak Entry #3: Energy: Load Shedding, CNG, and Industry.


The city of Lahore is very big –with something like 10 million inhabitants, making it one of the most populated cities in the world. There has been a significant increase in the number of cars in Lahore over the past 3-5 years, I’ve been told. In particular, the ability o finance cars has led to a “car boom” here (before you had to purchase it all in cash).


This might explain why the air in Lahore, like other big cities, is kind of polluted. Except, if you actually ride in the cars here, you’ll learn that most cars run on CNG and not petroleum/gasoline. Turns out that this ends up being both cheaper and more environmentally friendly, with very little emissions.
So, if not the cars, where is the pollution coming from? Every now and then, even in an big city like Lahore, you'll see Donkey or Horse-driven carts carrying loads. Certainly not from them!


Turns out the buses, trucks, motorcycles, and rickshaws are the main culprits. You can literally see the smoke rising out of the back of these polluters as they drive around the country. Together they probably equal or exceed the number of cars on the road at any given time.


Energy has been on my mind a lot here. Most of Lahore and the rest of Pakistan is experiencing "Load Shedding" - which are scheduled brown-outs where no electricity goes to a neighborhood. It's pretty annoying, to say the least, but does show how the economy has been growing and how demand has been rising.


Most well-to-do houses, and all businesses, have generators which pick up the slack. I visited our software development offices in Lahore, run by my brother, which has multiple generators.


It's funny that when my brother visited me in California earlier this year, the lights went out, in the heart of Silicon Valley (Moutain View) and stayed out for a few hours. It doesn’t happen often- in fact this was just one of two times I’ve seen it happen in the last year. But he got a kick out of it: " Looks like California is just like Lahore, looks like you have Load Shedding here too!”


Tuesday 23 December 2008

Court of Appeal: How to Calculate Overtime on a Bonus

The First District Court of Appeal held that Costco properly calculated overtime on a production bonus in Marin v. Costco, opinion here.

I am frequently asked how bonuses and commissions affect overtime calculations. Basically, the "half time" (or whole-time in the case of double-time overtime) is due on the bonus, once the bonus is allocated to the hours that were necessary to generate it. You worked 1000 total hours including 20 overtime hours during a bonus period. The bonus is $2000. The incremental hourly rate is $2000/1000 hours = $2.00 per hour. That is the amount of wages on which no overtime previously was paid. So, you owe: 1/2 * $2.00 per hour * 20 overtime hours worked = $20.00.

Get it? The court of appeal did. That's the federal formula, and the formula the DLSE endorses. The court did not mention that California law endorses the use of federal overtime calculation rules. But it does. The plaintiffs wanted the overtime to be calculated by dividing the bonus over the straight time hours and then paying time and one-half on that figure. That would have resulted in double counting. In addition, it would have ignored the simple fact that the employee had to work all hours to earn the bonus - straight plus overtime.

So, if your eyes are crossed, welcome to wage and hour law. The opinion is linked above. It's got a detailed explanation of the rule and the arguments in favor and against.

Enjoy your holiday!

Greg

Monday 22 December 2008

New FMLA poster

Merry Christmas from the US DOL. Here's your new FMLA poster, necessary for complying
with the new regulations when they become effective next month.

Merry Christmas / Happy Chanukah / Happy Kwanzaa! Happy New Year, too.

Greg

Tuesday 16 December 2008

The Day the Earth Was Almost Destroyed

[NOTE: Now that I’m on winter break, I’m taking a partial hiatus from writing Stanford GSB related blog entries, at least until the term starts back up in January]

As a fan of Science Fiction movies, I couldn’t resist going to see “The Day the Earth Stood Still” – the new version with Keanu Reeves, on opening weekend. I’m a big fan of the old version from the 50’s, despite its dated cold war themes, and generally can’t stay away from anything Sci Fi related.

So what did I think of the new movie? I’d love to give it an enthusiastic thumbs up, but can only manage a “so-so” review.


The old and new films are both about the arrival of an alien visitor (who looks human, to make us comfortable, and whose name is Klaatu) who lands in a major American city (Central Park in the new one, and if I’m not mistaken Washington, DC in the old one). One thing that hasn’t changed from the old Cold War theme: The government tries to take possession of the alien, and shoots him. They won’t even consider allowing him to speak to a gathering of World leaders at the UN.

Are we really that parochial? If an alien really visited the Earth and landed in the US, is this the attitude that we would take?

Unfortunately, I think they got this one right, in both versions. I’d like to think that if the representative of an advanced civilization were to arrive to deliver a message to the Earth, just happens to land in the USA, that we would let him speak to the UN – to all the nations of this planet. But I can just see our military whisking away the alien away to Guantanamo as a presumed “enemy combatant” and commandeering his ship as “foreign technology” that we want to re-engineer.

A neat new twist in the movie is the reason for the alien’s visit. In this version, Klaatu is not just the representative of alien civilizations watching the Earth; he says he is a friend of the Earth (though as we learn, this doesn’t mean he’s necessarily a friend of the human race).

He’s here to decide whether we are killing the planet or not. This green theme is a pretty good new spin, if somewhat overused these days. Klaatu tells us that there are only a few habitable planets out there, and he can’t allow us (humans) to kill this one. Quoting Klaatu (Keanu Reeves): If the earth dies, humans die too. If only the humans die, then the earth still lives on. A fair, logical argument.

Like most good science fiction, the first part of this movie actually makes you think about larger issues. It certainly made me think about habitable planets and how many there might be out there. There’s a famous equation, the Drake equation if memory serves, that takes assumptions of the number of stars, the number of planetary systems, the number of habitable planets, and the number of advanced civilizations. If you work out the numbers with only 1% for each variable, you come up with a large number of inhabited worlds.

What would happen if the probabilities were so small that there only a few habited planets out there, as is the case in this movie?

And of course, this movie does make you think about what would really happen if an alien spacecraft were to visit our planet and why.

Those are the positives. Jennifer Connolly does a pretty good job as an astro-biologist (is there such a thing? How much biological material have we actually found in outer space?). She’s also the step-mother of 11-year old Jacob, whose army engineer father she married a few years ago, but who passed away.


This is where, in my opinion, the movie starts to fall apart. Why does this have to be the case with almost all science fiction movies?

They start with an interesting concept that actually makes you think; but, as they try to bring the movie into the standard hollywood three-act script, they all end up with some variation of the standard formulas, ruining the originality of the film and making the second half into a dumb thriller or action or preachy lesson.

I don’t think I’m revealing much when I say that that at first Klaatu decides to destroy humans off the face of the earth, because he views us as a destructive force (which the government cronies and the Secretary of Defense, played excellently by Kathy Bates, do a very good job of convincing Klaatu of).

Eventually, he comes to realize that humans are more than just a destructive force. That we have strong emotions and that they include compassion and longing, etc. This in-and-of-itself is not a problem - The problem is how he comes to this realization; It’s done through the 11-year old Jacob, who single-handedly destroys this multi-million dollar Hollywood production. Well done, kid. At least you saved the Earth, sort of.

So, OK, I have to admit, as a kid, I loved it when kids played an important role in science fiction. E.T. involved kids and aliens. Wesley Crusher had an interesting role in Star Trek the Next Generation.

But this one just doesn’t work. The 11-year old snot-nosed kid, not only disobeys his mother every chance he gets, sporting an “oh I’m so cool” braided hairstyle that’s well beyond his years, but he also tells the government exactly how and where to find Klaatu, leading to the abduction of his step-mom by the government in the process. We're then led to believe that this might have been a good thing becuase he got to spend more time with the Alien.

I have to say I wanted to smack the kid off the screen so that we could get on with a real science fiction movie. Alas, it was not to be.

After seeing the movie, I looked up some reviews to see if I was alone in this sentiment and was just being a cruel, heartless adult. Here’s my favorite part of the CNN review: “Jacob is a whiny, obstinate, and disobedient little boy that would lead most extraterrestrials – and not a few of the rest of us – to reach for the destruct button.” Amen.

For other science fiction fans out there, think Jar Jar Binks. Now I wish someone would get a-hold of this flim and create a phantom edit (for those of you who don’t know someone created an edit of Star Wars: The Phantom Menace which digitally editout out Jar Jar Binks, without whose annoying antics the film might have been a relatively good film). Unfortunately you’d have to chop off the whole third act of the movie to do this. Oops.

Note: As a film-maker myself, I’m not supposed to be suggesting that anyone do anything that infringes on the copyright of Hollywood films, so I can’t really condone a phantom edit. (BUT IF YOU HAVE ONE, LET ME KNOW, I’D BE HAPPY NOT ONLY TO WATCH IT BUT TO WRITE ABOUT IT HERE IN MY BLOG. EVEN BETTER: what if someone were to edit out the kid and put in Jar Jar Binks, the movie might be actually be more fun and less annoying!).

Saturday 13 December 2008

Court of Appeal: No Defense Attorneys' Fees for Frivolous Claims?

The Court of Appeal agreed with the district court that Laura Young's FEHA claim for harassment against her former supervisor was frivolous, vexatious, etc. The trial court, however, awarded only one dollar in attorneys' fees against Young. The court's rationale was that since employer Exxon was going to pay the supervisor's fees, and since Exxon did not complain that the action against Exxon itself was frivolous, the court should not award fees that Exxon would ultimately recover.

Does that make a lot of sense? Yes, but only if you're gutting the attorneys' fees statute. Employers are responsible to pay for employees' defense costs under Labor Code section 2802, unless the employee is found to have engaged in actual unlawful harassment. So, a frivolous claim against an employee by implication is part of the claim against the employer, no? And given most claims against individual managers are barred as a matter of law, and given awards of attorneys' fees are as rare as hen's teeth anyway, one would think that a court would want to give effect to the Legislature's decision to permit an award of attorneys' fees when claims are frivolous. Right?

No. The court of appeal agreed with the trial court and held that where, as in this case, the employer is paying an individual employee's defense costs, the trial court need not award attorneys' fees if the claim against the employer is not frivolous. You don't believe me? Here's the quote:
In short, despite its finding that Young’s case against Lopez was frivolous and vexatious, the trial court had the discretion to deny attorney fees to Lopez. Because the award would benefit only Exxon, a defendant which was not otherwise entitled to an award and which did not show it incurred any significant fees on Lopez’s behalf that it would not have incurred in any event, we see no abuse of discretion in the trial court’s decision.

By the way, the attorneys' fees statute, Government Code section 12965(b) is very simple and says nothing about differing standards for employers and employees.
In actions brought under this section,the court, in its discretion, may award to the prevailing party reasonable attorney's fees and costs, including expert witness fees, except where the action is filed by a public agency or a public official, acting in an official capacity.
The statute says nothing about basing awards on who pays the fees. I know it says "discretion," but the courts have held that prevailing plaintiffs are generally entitled to fees as a matter of right, while prevailing defendants have a heavy burden to establish the claims were "frivolous, unreasonable, or without foundation." I think the courts may have lost sight of the plain language of the statute over the years.

While I'm complaining, the Court of Appeal also decided not to publish its analysis of Young's claims on the merits. That means the bar will not benefit from the court's detailed analysis of Young's claims for discrimination, harassment, retaliation, etc. The decision should be published if only because Young claimed a mental disability and that her outbursts and conduct in violation of policy were attributable to the disability. The Court distinguished Gambini v. Total Renal Care, discussed here, and held that Young's disability did not exempt her from termination for her misconduct.

Anyway, I'm sure Exxon is happy to have won the case. But there was a dark lining in a silver cloud that may affect employment litigation for the rest of us. The opinion in Young v. Exxon is here.

Wednesday 10 December 2008

Court of Appeal: Summary Judgment Against Plaintiffs Challenging Starbucks' Application

California employers cannot ask applicants to disclose certain convictions for marijuana-related misdemeanors that are more than two years old. Starbucks knew that, and included a disclaimer on the back of its application, viz:

CALIFORNIA APPLICANTS ONLY: Applicant may omit any convictions for the possession of marijuana (except for convictions for the possessions of marijuana on school grounds or possession of concentrated cannabis) that are more than two (2) years old, and any information concerning a referral to, and participation in, any pretrial or post trial diversion program.”

Although that may read like a proper disclaimer, it was included in a larger paragraph of disclaimers located away from the general convictions question, which did not exclude such marijuana convictions. So, the California disclaimer did nothing to stop Erik Lords and his band of merry putative classmembers from filing suit, claiming the application form was defective. Erik and co. wanted about $26 million in penalties. Aggrieved applicants get a penalty of $200 or actual damages for faulty applications.

The court of appeal agreed with the trial court and the plaintiffs that the general disclaimer was improperly placed away from the general convictions question. Had the properly worded disclaimer been placed next to the conviction question, it would have been legally correct, the court said.

But the court of appeal detected a couple of problems with Lords' prayer. [I kill me]. First of all, none of the named plaintiffs had a marijuana conviction. Second, all had read the allegedly hidden language. Third, none was denied employment because of a wrongfully disclosed conviction.

So, the court said:

We see nothing in the statute to support plaintiffs’ claim that the Legislature ntended to protect the privacy interests of job applicants who had no marijuana convictions in their background. As we explain below, we decline to adopt an interpretation that would turn the statute into a veritable financial bonanza for litigants like plaintiffs who had no fear of stigmatizing marijuana convictions.
The case is Lords v. Starbucks and the opinion is here.

Stanford Business, Entry 15: The Last Class, Finals, and Clint Eastwood

We finished classes on Thursday of last week, and this week is Finals Week. It’s hard to believe that a third of the school year is already over, and very soon after we start back up in January, the program will be half over. I guess that’s both part of the upside and the downside of being in a one-year program: it goes very quickly.


The Last Day Of Class.
On the last day of class, we had Strategy (which was as short half-term class, which I enjoyed, unlike many of my classmates judging from their comments), Finance (which was perhaps too long of a class), and Economics.
I have to admit that I was sad to end our Economics class. We’ve had this class since the pre-term, and I think I’ve only missed it only once (when, for some odd reason, we had it at 8:30 am, rather than it’s usual 1:15 pm time slot). OK OK, if you read this blog, you’ll notice that at the beginning of the term, I wasn’t so hot on this class.




But it has grown on me, especially since we started discussing Macroeconomics. Given the events going on in the US and World economies, this class may have become (in my opinion) our most interesting class, and professor Flanagan seems adept at teaching us how to think about obscure concepts like the marginal product of labor, potential GDP, and the reserve requirements of the Fed, very clear. So much so that I think I’ll actually miss not having econ moving forward! Who would’ve thunk it?


Clint Eastwood rides onto campus.
On the evening after the last day of classes, many of the Sloans went to a local hockey game (the team was the San Jose sharks), organized by one of our classmates who’s a hockey aficionado. For many of our international students, this was their first time ever seeing hockey. I ended up not going because there was another event on campus that I found interesting: A showing Clint Eastwood’s film, Letters from Iwo Jima, followed by a discussion with Mr. Eastwood himself. I guess he doesn’t live that far away (Carmel) so it’s not too long of a trip, but this seemed like a pretty unique opportunity, not to be missed.

The movie itself was pretty dramatic– it was about the “defense” of Iwo Jima from the American invaders (and was a counterpart to Eastwood’s earlier movie, Flags of our Fathers). The movie was almost entirely in Japanese with English subtitles. Even though I speak some Japanese, I couldn’t understand a word and had to read the English.

Clint (may I call him Clint??) was introduced by a professor at Stanford who had written a book or two about history and the movies. This seemed like a good idea, but ended up being painful because the guy went on with a very lengthy introduction of Eastwood, while Clint sat there on stage, patiently waiting for his chance to well, say something.

This guy quoted lines from his Dirty Harry movies, and otherwise demonstrated his excellent knowledge of Clint Eastwood’s career. More than a few of us in the audience were thinking: “OK dude, so you’re a smart professor. Now shut it and let Clint Eastwood talk, which is why we came here tonight”.

In some ways, this event was a great example of what’s good and bad about academia. On the one hand, we had an Oscar winning director come to show his movie and discuss it with us. That doesn’t happen every day in the real world. On the other hand, we had a know-it-all professor who was trying to show how he “knew it all” and wanted to demonstrate his knowledge about the subject, when we, the audience, were primarily interested in the subject itself and not the professor’s take on it!
In his defense, the professor (I forget his name) did ask some good questions and eventually let Clint answer them, which was interesting. At the end of the discussion, the professor started to close down the event with: “Well, thank you Clint Eastwood for coming here to Stanford tonight.”

Clint smiled his one sided smile and asked, very calmly, in that soft but authoritative voice cut him off: “Well, don’t they have any questions?”and gestured at us, the audience. It was probably the defining moment of the night, and left the professor a little flummoxed. The good news is that we the people got to ask Clint questions; I asked him about the budget on Iwo Jima ($13 million) and how he funded it (He made a call to Warner’s and got his Japanese distributor to put up some money; the movie has brought in ) and advice of funding indie movies (find someone with money and pitch it to them; this last part wasn’t that helpful but technically accurate). It was definitely the highlight of last week for me.



Final Projects and Exams.
Early this week, we had two final projects due, and two final exams.
For our modeling class (another class that I’ll miss, particularly Professor Moore’s very vivid lectures), we had a final regression analysis project. My team’s project was an analysis of the variation of Linden Dollars (The virtual currency used in the online virtual world, Second Life) vs. US Dollar exchange rate, to see if it could be explained by a variety of other factors.

For our strategy class, each group had to do a “strategy audit” of a real company. The companies ranged from online travel to sports aircraft companies, and this was our first experience in reaching out to companies outside the b-school for a b-school project. Our team did a project on TCHO, a hip new chocolate company located in San Francisco (Yes, we did get free chocolate each time we visited them).

We had our first of two final exams on Monday: Economics. Even though I think I’ve gotten good at econ, this was a much tougher exam than I’d anticipated. The fact that it was Open Book didn’t help much; we’d spent much of macro talking about employment, inflation, and GDP, and almost no time talking about deflation, which ended up being a big part of the exam. Even some of my classmates who were econ majors in undergrad weren’t totally sure about their answers. Oops. Did I say I’d miss econ and I was sad that it was over? Let me reconsider that…

We now have only one more exam before the end of the term – Finance. This class has been a tough one for many of my classmates, particularly those who have never been exposed to financial or investing topics before. It must’ve also been a tough one to teach, because we have a variety of people ranging from finance experts (people who have traded options and worked for investment banks) to finance novices (who had no idea what a call or a put were before this class).

For me, I’m somewhere in the middle – I traded options for fun many years ago so know what they are (and might I add am pretty good at losing money trading options which is why I don’t do it anymore). But I’ve had very little exposure to the theory behind them. And I definately don’t buy the finance class’s conclusion that taking on debt can be a good thing for the company. Isn’t that what got GM and other automakers in trouble in the first place? Toyota (to the chagrin of many Japanese bankers, and I would add to many b-school finance professors) has zero debt, and no one is talking about them going out of business!

Speaking of finance, the test is coming up in less than 48 hours. I really should have been studying rather than watching the Humphrey Bogart double-feature at the Stanford Theater in Palo Alto this evening. Oops. Too late to study now, will have to cram tomorrow for the test on Thursday.


Wednesday 3 December 2008

No Punitive Damages for Meal and Rest Period Violations

While the wage and hour world waits for the Walmart decision, in which the court awarded roughly $170 million in meal period premiums, penalties and punitive damages. the other courts are working away.

Wait no longer. Ms. Brewer is a waitress at Cottonwood golf resort's restaurant. She sued for meal and break violations among a smorgasbord of other employment claims. She lost on her age discrimination claims. But she won on some Labor Code violations. The jury also awarded her punitive damages, over and above the meal and break premiums, penalties for improper wage statements, etc. (I bet you thought I was going to make food puns throughout this post, didn't you?)

The court of appeal reversed on punitive damages. The court decided that the Labor Code creates new rights not available at common law. Therefore, their remedies are exclusive. The court also held that a claim for unpaid meal periods and other Labor Code violations "arise" out of contract - the employment relationship. As such, punitive damages are not available as a matter of law.

Here's a long quote from the opinion to prove I read it, or at least that I know how to cut and paste:


We agree with Cottonwood’s contention, which Brewer does not dispute on appeal, that the Labor Code statutes regulating pay stubs (§ 226) and minimum wages (§ 1197.1) create new rights and obligations not previously existing in the common law. Moreover, those same statutes provide express statutory remedies, including penalties for the violation of those statutes that are punitive in nature, that are available when an employer has violated those provisions. Section 226, subdivision (e), provides that any employee “suffering injury as a result of a knowing and intentional failure by an employer to comply with [the pay stub requirements] is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not exceeding an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney’s fees.” Similarly, section 1197.1, subdivision (a) provides that any employer who pays or causes to be paid to any employee a wage less than the minimum wage “shall be subject to a civil penalty as follows: [¶] (1) For any initial
violation that is intentionally committed, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee is underpaid[;]
[¶] (2) For each subsequent violation for the same specific offense, two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee is underpaid regardless of whether the initial violation is intentionally committed.” Here, Brewer sought and recovered the maximum $4,000 penalty available for Cottonwood’s pay stub violations, and the judgment contained an additional penalty of $15,300 pursuant to section 1197.1 for the overtime violations. We are not persuaded by Brewer’s argument that the remedies set forth in the statutory scheme were not intended to be the exclusive remedy available for statutory violations, and Brewer does not articulate any basis for concluding those penalties are so inadequate that other remedies should be permitted. Similarly, the
regulations requiring employers to provide meal breaks (§ 512) and rest breaks
(Cal. Code Regs., tit. 8, § 11090, subd. 12(A)), and providing numerous forms of
remedies for their violation, also appear to have created new rights and obligations not previously existing in the common law, and the statutory scheme provides “a comprehensive and detailed remedial scheme for its enforcement.” (Rojo v. Kliger, supra, 52 Cal.3d at p. 79.) Those remedies include an award in the nature of liquidated damages under section 226.7 (cf. Murphy v. Kenneth Cole
Productions, Inc. (2007) 40 Cal.4th 1094, 1112 [because “damages [from missed
meal and rest breaks] are obscure and difficult to prove, the Legislature may
select an amount of compensation [for the violation] without converting that
remedy into a penalty” for statute of limitations purposes]), injunctive relief
(see generally § 1194.5), and potential statutory penalties (see § 558). We are convinced that, because the meal and rest break provisions of the Labor Code “established a new and comprehensive set of rights and remedies for [employees]… [and] [n]o such specialized rights and remedies existed at common law… the remedy provided in the statute ‘is exclusive of all others unless the statutory remedy is inadequate.’ [Quoting Turnbull, supra, 219 Cal.App.3d at p. 827.]” (De Anza Santa Cruz Mobile Estates Homeowners Assn. v. De Anza Santa Cruz Mobile Estates, supra, 94 Cal.App.4th at p. 916.)

* * *
We are also convinced that, even were the remedies provided by the statutory scheme not the exclusive remedies for the new rights, punitive damages would nevertheless be unavailable because punitive damages are ordinarily limited to actions “for the breach of an obligation not arising from contract” (Civ. Code, § 3294), and Brewer’s claims for unpaid wages and unprovided meal/rest breaks arise from rights based on her employment contract. Brewer argues, without citation to relevant authority, that Cottonwood’s breach of its statutory obligations under the Labor Code is a “breach of an obligation not arising from contract,” thereby supporting the award of punitive damages.

However, in analogous situations, the courts have recognized that, when a statute imposes additional obligations on an underlying contractual relationship, a breach of the statutory obligation is a breach of contract that will not support tort damages beyond those contained in the statute.(See, e.g., Kwan v. Mercedes-Benz of North America, Inc. (1994) 23 Cal.App.4th 174, 187–192 [breach of Consumer Warranty law obligations is breach of contract and does not support tort damages for emotional distress].) We apprehend the Labor Code provisions governing meal and rest breaks, minimum wages, and accurate pay stubs constitute statutory obligations imposed only when the parties have entered into an employment contract and are obligations arising from the employment contract. The breach of an obligation arising out of an
employment contract, even when the obligation is implied in law, permits contractual damages but does not support tort recoveries. (Cf. Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 700.) Although Brewer relies on language from Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1147 to assert prompt payment of wages involves sufficiently fundamental public polices that the willful failure to make such payments will support punitive damages, the court in Gould expressly recognized that, although a claim for wrongful discharge in violation of public policy would state a tort claim, a claim seeking tort recoveries based on the allegation the employer otherwise breached the employment contract agreement was barred by Foley. (Gould, at p. 1155.)



The case is Brewer v. Premier Golf Properties and the opinion is here.

Tuesday 2 December 2008

IRS Standard Mileage Rate for 2009: $0.55 Per Mile

The IRS announced the standard mileage rates for 2009. Effective January 1, 2009, the reimbursement rate will be $0.55 for business use of a vehicle, $0.24 for moving and medical expenses, and $0.14 for service to charitable organizations. For the second half of 2008, the reimbursement rate actually was higher, at $0.585.

The IRS's announcement is here.

DGV

Sunday 30 November 2008

Stanford Business, Entry 14: Nike, PACCAR, Boeing, Amazon and Costco: Our Northwest Study Trip

Keeping up with our breakneck pace, we had our first out-of-town study trip last week, followed by the Stanford Thanksgiving break. I think I like the Stanford thanksgiving break a lot better than I liked the MIT break during my undergrad days; at Stanford, we got the whole week off.

This was (no doubt) so that we could catch up on the work for our final projects, since there's only one week of class left in the Quarter before... (drumroll)... Final Exams.

Of course we all studied very hard during this break (Well, honestly, most people started their vacation last weekend and took the whole week off; now we're struggling to get caught up on everything by Monday morning).

In the case of the Sloans, we left for Portland the week before Thanksgiving (for our international readers, Thanksgiving is a very big holiday in the US, and occurs on the last Thursday of November). On Wednesday morning, we got up very early (pre-dawn), flew up to Portland, Oregon, where we visited the headquarters of Nike.

On Thursday, we rode in a bus from Portland to Seattle and visited PACCAR (originally stood for the Pacific Car and Foundry Company), and then on Friday we visited three companies in the Seattle area: Boeing, Amazon.com, and finally Costco. Many of us spent the weekend in Seattle, our first real break since the term started.

Study trips like this are, in my opinion, one of the more fun aspects of business school. OK well maybe it's not exactly fun to get up before dawn, get dressed up in business suits, and spend the whole day listening to corporate executives talk about how great their businesses are.

But relatively speaking, it's much more fun than being in a classroom talking about these same things. On the positive side, we (usually) get to meet with high level executives of (usually) well-known companies, they give us a schpeal about Leadership, with copious amounts of company history thrown in for color, and we (usually) ask them lots of (usually) intelligent questions. And that beats studying about the derivation of the Black-Scholes option pricing formula any day!

So here’s my brain-dump from what I recall of our Northwest Study Trip:


The Cult-ure of Nike

We were welcomed to Nike headquarters near Portland by a number of executives, including the head of Nike HR, a woman in charge of retail aspects of Niketown, and a guy named Nelson, who was one of the first employees of Nike when it started back in the 70’s. His official title is now something like “Keeper of the Nike Culture”; kind of a cool title – what it seems to involve, as far as I can tell, is displaying knick-knacks that he has collected along the way, and telling stories about Nike’s history, which he did with great aplomb and fanfare.

Nelson shared with us that you could understand Nike by looking at the primary personalities around which the company was built - Phil Knight (who was CEO for a long time, not to mention a Stanford business school alum; also a multi-billioinare who donated enough money to Stanford that the new GSB campus will be called the Knight Management Center); a very famous mid-distance runner in the 1970’s named Steve PreFontaine (known to the initiated simply as Pre), and Bill Bowerman, who was a legendary track and field coach for both Knight and Pre at the University of Oregon.

Does this history matter? Well from what I could tell, these stories reflect the culture of Nike quite well to this day; and of the companies we visited, Nike had the most in your face culture: Everyone at Nike seemed to be 1) passionate about sports, and 2) passionate about the history and culture of Nike, and 3) very, very competitive, as if business was sport.

I love Nike’s products and they’ve certainly developed one of the top consumer brands of the last 30 years, but the visit was a bit strange for me. It kind of felt like I was going on a guided tour of a Scientology shrine. I felt, I don’t know how else to put it, like I was one of the un-initiated.

But it’s probably because 1) I’m not a sports fanatic, and 2) Before our visit, I had no idea who Pre was, 3) I didn’t know that Coach Bowerman was a legend in the running world, and 4) I knew that the new Stanford Business School campus was named Knight, who must've been a very rich guy for Stanford to name a campus after him, but that was about it.

We also had the former head of Nike Golf give us a presentation about leadership. Speaking of Golf, did I mention the meeting was in the Tiger Woods shrine, er, i mean, building? This building is basically a memorial to Tiger's career, including some of his trophies, memorabilia, and a timeline showing everything Tiger has done in his career. For golf fans, this building must be like dying and going to heaven.

Many of the Nike buildings are named after famous athletes. At the moment I can’t remember any of them, except for Tiger Woods and Michael Jordan (probably the last Nike product that I know by name was the Air Jordan when it was introduced in 1984, and I was on junior high school basketball team).


Nike even had an athletes walk of fame – kind of like the Hollywood Stars. I could hear my colleague’s sounds of recognition as they saw the name of their favorite 70’s or 80’s football or baseball or basketball player.

It felt like a trip into the “Cult of Nike”; I don’t mean that Nike is a cult in a bad sense; the most effective organizations with the most passionate members usually have this kind of quality to them.

Another thing I noticed about Nike culture: I found them to be brutally honest. Maybe too much so, which I kind of appreciated.

For example, why did they start the non-profit Nike foundation? Honstely, because they were getting a lot of heat over bad working conditions in their off-shore factories. Why did they want us to go the Nike store? To spend lots of money on their products so their profits will go up. Why were they being so nice to us? Because they hoped we might want to work for Nike someday. What is Nike's biggest weakness today as a company? That they're a bunch of old white guys with very little diversity. Actually it was kind of refereshing to get such direct answers.

Of course, being ignorant about sports didn’t stop me (or my classmates) from spending at the famed Nike Store. I usually buy a pair of sneakers once every five years; I bought two pairs that day!


PACCAR: The Lexus of Heavy Duty Trucks

On Thursday, we visited PACCAR outside of Seattle. According to Wikipedia, they are the third largest manufacturer of heavy-duty trucks in the world. I hadn’t heard of them before the Sloan program (one of our classmates is from PACCAR), though I had heard of their truck brands – Kenworth and Peterbilt in the US and DAF in Europe. There’s a famous gun-battle scene in the movie Heat, which was one of my favorite movies of the 90’s.

Although I grew up in Detroit, I'd never been to an automotive assembly line, so this was fun for me to see. In fact, between Nike, PACCAR, and Boeing, it was fun to see companies that made actual things.

This might seem like a trivial point, but I was discussing this with another software guy in our class, and he remarked that we weren’t used to building actual physical objects – our products are usually just bits and bytes on a computer.

At PACCAR, we had a former Sloan and (currently EVP of something), give us a talk about the company and its history. Inevitably, the question about why GM and the other US car companies were doing so poorly and why PACCAR wasn’t in danger came up. The answer was interesting – having to do with being hamstrung by unions, quality of products, and providing what customers wanted.

Of course, the world wide recession was affecting them too – demand for trucks was down considerably, their plant was running at less than maximum capacity.

The first thing that struck many of us about the assembly line was that it was spotless; as one of our colleagues from Japan told us, just like Japanese assembly lines, you could eat food off of the floor (No not literally!).

The second thing was how automated the whole process was – PACCAR was a poster-child for efficiency. Each piece of the assembly had it's own barcoding and in some cases RFID so they could track exactly where the parts or the assembled trucks were.

In fact, PACCAR is one of the few companies that Toyota allows to use one of its internal suppliers, notably the Lexus supplier for interiors, PACCAR trucks are known as the high end of trucks, often called the “Lexus of Trucks”.

When we sat inside the cab of one of their finished trucks, I could see why. As the owner of three Lexus vehicles (the only car I’d ever owned before buying a Honda hybrid a few years ago), I can confirm that the interior looked and felt kind of like I was sitting in a Lexus!


The Bigness of Boeing


On Friday we visited Boeing – this was fun. One of the EVP’s (also a Stanford Sloan alum) gave us a talk about Boeing’s line of aircraft, including the new model of the 747 (which is being used for freight primarily) and the new 787 dreamliner, of which lots of airlines have ordered, but which is behind schedule.

Of course the conversation naturally turned to Airbus and Boeing’s recent rivalry – the A380 (the very large plane that Airbus released recently) vs. the 787 dreamliner. Airbus’s plane is bigger. Does that matter? On any visit to Boeing, the conversation inevitably turns toward size.

We saw brand new 747’s being produced on the assembly line and all I can say is that they are BIG. We visited the BIGGEST building in the world. It’s so big that it has it's own fire-station, birds live in rafters, and Boeing employees hunt the birds now and then to clear them out. The building can house something like 70 football fields. The engines of the Boeing 767 are so big that it’s the same size as the fuselage (i.e. the body) of the 737 (which is the airplane that airlines like southwest use for point to point flights).

How does Boeing feel about Airbus plane being bigger than theirs? Boeing makes the point that they tried to go out to sell a larger plane, but came back with a different set of customer requirements - more fuel efficient planes. Boeing says that the two new planes are not really direct competitors – the A380 was meant for a hub and spoke model, where large numbers of passengers are going from hub to hub. The 787 dreamliner, a much more fuel efficient plane, is meant for point-to-point travel and so Boeing will sell alot more of them.

Like PACCAR, Boeing seems to be affected by the recession. Unlike PACCAR, they seem to have a very large union workforce. Unlike PACCAR, you can’t order a plane from Boeing before 2015, because all of the planes coming off the assembly line are already accounted for by “firm orders” from airlines around the world. Why would the recession affect them if planes are full until 2015? Don't know but they were certainly of the opinion that the recession would be bad for them.

We then drove by Boeing’s own little airport, which is just outside this building. When the planes are built, they are then flown off to the ordering airlines right from Boeing field. Oops...did I say "little" airport? I stand corrected. The Palo Alto airport is a little airport. Compared to this, the Boeing field is freaking huge.


Kindlin at Amazon


We then shuttled off to Amazon.com, to meet a GSB Alum who is in charge of corporate development. For me personally this was a fun visit, because of the internet angle (the lobby with articles from the nineties was like a trip down memory lane back to the dot com boom). It was also fun because as writer, I’m all into books. One of the things he spent a lot of time talking about was the Amazon kindle e-book reader.

The Kindle has been under development for a while – as it seems have many other non-successful ebook platforms. This one, though was endorsed by Oprah, who gave away kindles to all the members of her studio audience recently. And, just like that, Amazon sold out of all of it’s kindles.

With over 200,000 books available on it, this might be the ebook reader that actually works. What makes this one different? The Power of Oprah.



Costco-land

We ended our visit with a trip to Costco. The CFO it turns out is also a Stanford GSB Alum, and he came prepared with lots of slides about Costco’s past and future performance.

Speaking of cults, Costco is fascinating not because of the cult-like nature of employees, but because of the attitude of customers. It turns out I was the only US resident in the audience who’d never been inside a Costco. I remember last year, when I was part of a California company that was being acquired by EMC (which is a Massachusetts company). During the HR question and answer session (in California), the only question that the employees seemed to care about, really care about, even in this age of inflated health care prices, was whether the new company was still going to pay for employee’s Costco membership cards!

When I moved to California about a year ago, I happened to be going to a store which shared a parking lot with a Costco on the weekends. It was a madhouse… with kids and entire families jumping with excitement as if they were going to Disneyworld! There was an electricity there. Think of a 21st century version of the Brady Bunch dressing up in their sunday best to go to Sears.

We learned a lot about the history of Costco; about the founding of the company; they did close to $100 million in their very first year. They’re the third largest retailer in the industry (after Walmart and Target, I believe). The founders are still around, and the culture is very no-frills, keep costs low kind of culture.

The bottom line: Costco sells a lot of stuff at very low, wholesale prices. In fact, the CFO showed us all manner of pics and figures of the amount of various products they sell, ranging from hot dogs to diamond rings.

One dynamic that he mentioned was that Dads who spend time with their kids on weekends and aren’t sure what to do, take the kids to Costco. The kids pig out on the sugary sweets and greasy food (well he didn’t say that exactly but he did say that Costco wasn’t into healthy food) while the Dad shops, the perfect win-win situation.

Unlike PACCAR and Boeing, though, Costco doesn’t seem to be suffering from the downturn. Even more people are looking for ways to save money. In fact, he said that many "premium" brands who would not even talk to Costco in the past are now approaching Costco to get rid of excess inventory. Soon we may all be dancing in the Costco parking lots looking forward to seeing Mickey Mouse!


Saturday 29 November 2008

Definitely summary judgment. Definitely.

FEHA does not protect against bad managers, only decisions and actions with a discriminatory basis. “[I]f nondiscriminatory, [the employer’s] true reasons need not necessarily have been wise or correct. [Citation.] While the objective soundness of an employer’s proffered reasons supports their credibility . . . , the ultimate issue is simply whether the employer acted with a motive to discriminate illegally.” (Guz, supra, 24 Cal.4th at p. 358; see also Hersant, supra, 57 Cal.App.4th at p. 1005 [“‘The [employee] cannot simply show that the employer’s decision was wrong or mistaken, since the factual dispute at issue is whether discriminatory animus motivated the employer, not whether the employer is wise, shrewd, prudent, or competent.’”].)
So said the court of appeal in Mangano v. Verity, Inc. The opinion is here.

Basically, Mangano was a long term employee at Verity. Springsteel, the CFO, was his boss. Springsteel gave Mangano the nickname "rainman" because he had an uncanny memory, and he was a bit quirky. He also called him Tommy, instead of Tom. ::::Wow, that's why they passed anti-discrimination laws. -Ed. :::: Mangano was turned down for a promotion that was given to a clearly qualified outside candidate. When he applied, he complained about the nicknames, and Springsteel never used them again.

Little did Springsteel (or anyone else) know that Mangano later would be diagnosed with Asperger's syndrome, a form of autism. So, he sued for disability discrimination and harassment. The court of appeal upheld summary judgment. I only blogged about the case because of the point made in the quoted language above.

Sunday 16 November 2008

New FMLA Regulations Are Here

The federal DOL finalized its FMLA regulation revisions. We analyzed earlier drafts here and here. We'll publish a full analysis of the final regulations soon.

To find the new regulations, page down to p. 141 of the PDF, here. The first 140 pages are analysis and commentary. No one can read all that and stay awake. You'll put your eye out. Of course, that could earn you up to 12 weeks of leave....

Greg

H/T Ross Runkel

Stanford Sloan at GSB: Entry 13: More Exams, Leaders vs. Managers, Intel, and MBA Clubs

Sloans starting to come out of our shell?

After midterms ended, I thought we’d have a little bit of a break from studying and exams. We might even have a chance to come out of our “shell” at the GSB – the "shell" being our rather large classroom on the fourth floor where the Sloans have classes every single day, with the same 57 people , sitting in the same seats (did I say everyday? I meant everyday except Wednesday).

The MBA’s also had midterms the same week we did. For MBA1’s (first year MBA’s), it marked the end of their EAP (Exclusive Academic Period, during which time they were supposed to focus only on academics). As far as I can tell the only two things that changed after the EAP were that the GSB clubs formally started recruiting new members, and a bunch of the MBA1’s (70 or so I think) took a mass trip to Las Vegas for the weekend.


As for our class, the Sloan program calendar has been so jam-packed with classes, seminars, talks, BBL’s (brown bag lunches) and Sloan social events, that we haven’t really had a lot of time to spend with the MBA’s or PhD students that we coinhabit the school with, nor have we had the time to attend many of the very large volume of events at the GSB.



During mid-term week (on Wednesday, just before our finance exam) the GSB had its “club” day, where all of the student-run clubs had tables. There were a ton of them – everything from the epicurean club (yes, this club is all about food), the wine tasting club, the entrepreneur club, the VC club, the private equity club, the real estate club, the family business club, the china club, the greater china business club, even the "you-name it" club (!). These clubs sponsor events, so many in fact, that there’s no way to go to all the ones you’re interested in. I think I signed up for about 10 clubs, of which I’ve only gotten around to attending events and paying dues for 5 of them thus far. Which brings me to an inevitable fact about business school (at least at Stanford): Overload. Not necessarily classes, but "other events'.

A few weeks ago, I mentioned that Steve Ballmer visited and spoke during lunch hour. Over the last few weeks, we had similar talks from Paul Otellini (the CEO of intel, more on this when I talk about our second strategy class in this blog), and the head of Saudi Aramco, which is the largest oil producing company in the world ("Political rhetoric is a short term game; the oil business is a long term game"). We also had (to mention only a few from the last 7-10 days) a trip to a VC firm, a talk by the head of a middle-eastern private equity fund, various company recruiting events, a visit by the head of some big bank from Latin America, a Women in Management alumni lunch, An Evening with Pixar shorts (an event I really wanted to attend but couldn’t because of our strategy study group project), a Latin Club Fiesta, and many, many, many more events.


In the Sloan program during this same time, we had a former CIA case agent turned Stanford professor speak to us last week about the CIA, and a woman who is in charge of helping non-profits and other organizations raise capital for their funds (I had to miss this too because of our Strategy project) give us a talk about leadership.

And all of that was just what was being offered at the GSB. There are a ton of other interesting events being held on the Stanford campus. On Friday, after taking our final exam for modeling (more on this later) I learned that there was a talk being given by Mohammad Younus, the Nobel Peace Prize winner who started the micro-finance craze. I wanted to go, even tried to get in, but the auditorium was full and we couldn’t get in. As I walked away from the auditorium disappointed, I learned there was an open-source conference going on the same day. But that would mean missing the finance review session and study group meeting that afternoon… choices, choices.

Now I’m beginning to wonder if a year at Stanford’s Business School is really enough to take advantage of all that’s offered here? By the time we get our bearings straight (which might be sometime in the winter quarter), it’ll be time to start thinking about what we’re going to do after the program since it ends in July.


More Exams and Grades.

We got our results from our finance and economics midterms, two exams that I and many of my fellow classmates were pretty worried about. Turns out I did pretty well on both so my worry might have been misplaced.


In both cases, we were given our graded exams back along with the numerical results. This seemed like a reasonable approach - we could see what we did right, what questions we got wrong, and where we might have some complaints about how the grading was done.


The third exam we took was our Organizational Behavior exam. Honestly I wasn’t really worried about this exam, because this seemed like a pretty easy exam (it was a take-home), it involved doing a lot of reading and writing (both of which I enjoy and tend to do OK with), it was a relatively subjective content ( a lot of the class, including the class assigned reading, was about how to influence people), and it involved a class that I had enjoyed and participated in quite a bit (50% of our grade was based on class participation and 50% was based on the final exam). Well it turns out that my score on this exam ended up being very poor: well below average!

But what was really strange about this wasn't just the grade, it was that we didn't get back the actual graded exams! So unlike finance or economics (where we could see exactly which questions we got right vs. wrong), I really have no idea if this was a fair score or not on the exam, given my answers. To get a copy of our exam back, we have to jump through a few hoops -including emailing the professor and meeting with him.

This strikes me as an extremely odd tactic (though perhaps effective in its own way). It reminds me of companies that offer rebates on their products. Of course, they know that a very large percentage of people who buy the product will never actually take the time to fill out and send the rebates back in, so it ends up being a mmick that works.


Was not returning our exams also just a time-saving gimmick by the professor? How many students would actually go ahead and email the professor asking for their exams back? Perhaps about as many as send in rebates?

Our OB class itself (which was a half-semester class) included lots of techniques for influencing people. I'm starting to wonder if these techniques, some of which are effective the very first time they’re used, are effective more than once?

For example, one technique we learned about was to individuate people when you’re asking them to action.

A perfect example of this technique was demonstrated to us by the professor when we had a survey to fill out for the class. Many of us hadn’t filled out the survey online, so the professor sent us individual emails the night before class; the emails implied (though didn’t explicitly say) that we were the only one who hadn’t filled out the survey and that it was due by “class-time”.

You can imagine that if you get an email from your professor implying that you’re the only one who hasn’t filled out a survey, that needs to be filled out by “class time” the next day, then you’re going to fill it out immediately. I promptly did this, thinking it was due in the morning, even staying up late and pushing aside a few other things to make sure it got done.


Well it turns out that I wasn’t the only one who got the “personalized email”, and moreover, the survey wasn’t needed in class the next day (turns out it was due by “class” the following week!).

Which brings us back to the question of whether this kind of technique leads to a temporary effectiveness followed by a "never cry wolf"-like situation in the future? If I got another seemingly personalized email from the same professor about getting something done by a certain time, would I start to wonder whether 1) the email was really just a mass email meant to look like a personalized email, and 2) whether I really needed to get it done by the time indicated, 3) what other influence or manipulation techniques the professor was trying to use on me? At the very least, i'm asking to see a copy of my exam!


Speaking of exams, we also had our first two-part final exam last week, for our spreadsheet modeling and statistics class. This is a pretty core class at the GSB. The first part was a take-home exam that involved creating financial models in Excel. The second portion was a 3 hour in class exam. This was our first three-hour exam, and it was grueling in its own right. Almost no-one finished early; and most were still working on it when the three hour mark came around, so I think we can all agree that it was a pretty difficult exam, given the time constraints. Standard deviations, regressions, random sampling, the central limit theorem, auto-correlation, linear programming and linear optimization, along with various statistical techniques were all tested on this exam. How did I do? I couldn’t tell you – I’ll have to wait to see when (or if!) we get our graded exams back.

Strategy Redux and Leadership vs. Management.

After midterms, we started another strategy class which lasts only for the second half of the semester. This class is at 8 am on Tuesday’s and Thursdays. Those of you reading this blog will know that I’m not much of a morning person. Despite my general start-up rule of never attending meetings that start before 10 am, I actually find this class to be pretty interesting and worth getting up for (Not to mention that some of my classmates have decided to take it upon themselves to be self-appointed policemen/women to monitor the tardiness/skipping tendencies of errant class members like me; LOL yes I haven't heard the term "tardy" since elementary school either... but I digress...back to Strategy...)

As for Strategy, the professor, Professor B. did a long term study on Intel and wrote a book about the decisions that Intel had to make along the way. There’s a famous story/quote about Andy Grove (who was the second CEO of Intel after Gordon Moore, a Silicon Valley legend) cited by our professor and by Paul Otellini (the current CEO of Intel) when he did his talk here at the GSB recently.


Intel had started out in the memory business (DRAM) and was pretty successful at it in the beginning; along the way they stumbled into inventing the microprocessor which was a smaller niche business opportunity at first, but was growing rapidly. By the early to mid 1980’s Intel’s market share in DRAM had fallen to 3% of the market, while Intel was quickly becoming the micro-processor company (with sales of the IBM PC soaring).


Some on the team didn’t want to abandon the products on which the company had started and become successful (DRAM). Others clearly thought they should focus the company on microprocessors.

Andy Grove asked a now famous question to Gordon Moore and to other team members: If a new management team came in, and took a fresh look at this business, what would they do? Inevitably the answer was that the new management team would drop the old business (DRAM) and focus on the new fast-growing business (microprocessors).

Grove then suggested that instead of bringing in a new team, the existing team go out the revolving door and come back in and make that decision, which they eventually did, and the rest, as they say, is history.

Being a technology guy, I find case studies like Intel (the largest and most successful microprocessor company) and Electronic Arts (one of the largest video game companies in the world) to be terribly interesting. But for some of my colleagues, who have no interest in high tech, this class doesn’t seem to hold the same appeal.


We also had several sessions over the last two weeks with Stanford GSB’s Dean, Bob Joss, who is retiring next year, about leadership. He spoke a lot about the differences between leadership vs. management. It’s getting late now and I won’t have time to go into everything he talked about, but one thing he said that I liked and I think might even summarize a lot of what we discussed regarding managers vs. leaders:

“Managers are assigned subordinates. Leaders start with no followers; they have to recruit them.”


Friday 14 November 2008

California's Wage Laws Reach Outside State's Borders

Multi-state employers - take note. In today's mobile world, employees travel from place to place, performing duties as the job requires. When an employee lives in Arizona and works all over the place, including California, must the employee be paid under California law?

Well, yes, at least for the work performed in California, according to the Ninth Circuit Court of Appeals. In what appears to be a straightforward application of "choice of law" principles, the court has probably wreaked havoc on payroll systems, human resources departments, and risk managers all over America. So, Oracle employed instructors who taught other companies' employees how to use Oracle software. Some of the employees lived in Arizona or Colorado, but performed some of the work (sometimes in partial weeks), in California.

The Court of Appeals said that when the non-resident employees work in California, California wage and hour law applies. The court did not say when this rule kicks in - what if an employee flies over California, just passes through, visits California for a one-day business trip, etc.? The question mark means: I dunno. But I know what my next article is going to be about.

The case is Sullivan v. Oracle Corp. Here is the opinion.

Greg

Monday 3 November 2008

Stanford Business, Entry 12: Midterms, Negotiations, and Sarah Palin

I’ve missed a week (or maybe two) in the blog because of two crazy busy weeks, which concluded this last weekend with our midterm exams and Halloween parties both on and off campus. Here are my top observations about the last two weeks:


Taking tests was both easier and harder than I thought it would be.

Our midterms were our first real academic challenge since we arrived at the Stanford Graduate School of Business program two months ago. This is no small point, given that many of us in the Sloan program have been out of school for more than 10 years (!).



I think it’s safe to say that many in our class were stressed out about the Finance exam. and preparing feverishly over the past week (when we had time to study, which was cut dramatically short by our Negotiations class – see point below).

While a few of our classmates worked in finance before (so the class is pretty easy for them), for many of us, the concepts are completely new. Some of us didn’t even know what selling stock short was a few short weeks ago. I can confess that I didn’t really grasp the differences between NPV, IRR, despite being exposed to both concepts in my career. And I have to confess that I knew very little about the CAPM (Capital Asset Pricing Model) or market-efficient portfolios when I arrived on campus just a few weeks ago. Come to think of it, I’m not quite sure that I buy into the CAPM or market efficient portfolios even now, but I hope like hell I got the questions right on the exam!

Conversely, many of our classmates did not seem so stressed out over our Economics exam. This was a surprise to me, since I find Econ to be a little bit subjective and was probably more stressed out over it than I was about finance.

Not surprisingly, no one seemed to be stressed out over our OB exam, which was either a 3-hour take-home exam or a final paper.

So, what’s it like to take an exam at Stanford GSB?

Since Stanford is one of the few Universities with a formal honor code, teachers don’t proctor exams in the classroom. No TA’s either. Just us chickens, er I mean students.
Our teacher, Professor F., after handing out the exam, wrote his office phone number on the board, told us to call him if we had any questions, and left for the day.

Really. There was no one monitoring the exam, and we are expected to keep our own time, not do anything that’s not allowed, and hand in the exam in to the appropriate location before the deadline has passed.

This means that there isn’t that much difference between an in-class exam and a take-home exam, especially since they’re both completely open book and open notes. The in-class exams had time limits of 1.5 hours, and the take home exam (which we had a whole week to complete) had an honor-code-bound time limit of 3 hours.

Oddly enough, this honor code thing probably made us more conscious about making sure we didn’t do anything wrong than a more traditional exam type of environment.

So how did I do? I don’t know – we haven’t gotten the results yet… so I’m rushing to get this blog entry up before we get the results.


Cramming in an extra class is both a good and a bad idea.

The one thing that complicated our exam schedule (OK it wasn’t the only thing, but the biggest thing) was that during the week before our midterms, we had an extra class. Not just an extra hour or two, but 15 hours of a normal ten session elective class, Negotiations, every night from 5 to 8 pm.

What was it like? We would show up to class and immediately get instructions on the negotiation exercise for the day. Before the lecture, We’d usually go out and conduct a fictional negotiation.
We’d work hard to try to get the best deal in the negotiations that we could (sometimes not reaching any agreement whatsoever), and then head back to the classroom where the teacher put up our scores in front of the whole group, so we could make fun of those of us who didn’t do so well. Haha, no just kidding about that last part. Actually the negotiations where one party didn’t do well were the ones where we learned the most.

In one week we did: a two-party negotiation where one person was trying to buy a plant from the other party and had to agree on a price; a three party-negotiation where each of us represented a company and we needed to figure out which two of the three were going to work together, or if all three were going to work together (this one was a bit of a mindbender, if you do the math, it naturally leads to all kinds of Machiavellian behavior); a multi-division group negotiation (where each of us was on a three-person team that had to negotiate with another three-person team – this one proved to be the most difficult believe it or not); and finally a six-party negotiation with representatives from six different organizations (this one kind of reminded me of the six-party talks between the US and North Korea, with everyone trying to get their little piece of the pie – it was about as successful too).

As I said in my last entry about OB, for some of my engineering friends, it might seem that we’re just playing parlor games . And OK, I have to admit, these exercises are a bit contrived, but the experience of going through them is, in my opinion, probably going to stay with us longer than the derivation of the CAPM from our class.


All Hallow’s Eve

It was Friday, and Exam week had come to an end. The students were dressing up as ghosts and ghouls and vampires. This is Halloween. This is Halloween. Halloween, Halloween! (honor code note, src: Tim Burton’s the Night Before Christmas).

Actually I was so tired of both negotiations and exams that I went to three Halloween parties this weekend – a Graduate Student Halloween Party on Friday (which was in Rains, a Stanford Graduate Dorm), a Sloan Fellow’s party on Saturday (which was for our class and partners, held at one of our colleague’s house in Palo Alto), and the MBA Halloween party (which was at a local nightclub in Palo Alto). This is the benefit of being on campus – honestly I don’t think I’ve even been to three Halloween parties over the past three years, let alone in one weekend.

For many of our international friends, this whole Halloween thing was a bit of a spectacle. Why were we dressing up in funny costumes? Why were we putting in so much effort to dress up in funny costumes? Did they have to wear costumes to come to a Halloween Party or could they go in normal clothes? If Halloween is supposed to be scary, why were there people walking around dressed as politicians?

Of the three parties that I went to, the Sloan Halloween party was by far the most fun. Which is funny because we definitely had the highest average age of the three parties. We had classmates dressed as everything from Arab Oil Sheiks to the Grim Reaper and the Incredible Hulk (actually we had two Hulks at our Sloan party alone, growling at each other every chance they got).

But what was the most popular costume on campus this Halloween? Without a doubt, it was Republican Vice Presidential Nominee Sarah Palin.

While I did see one Hillary, one Bill Clinton, one Barack Obama, and one John McCain. I counted at least 10 Sarah Palin’s. Most of them were dressed up in suits, with hair adorned like the veep candidate and matching glasses to boot. If that wasn’t enough, one of them was dressed in a bikini swimsuit with a beauty-contestant sash. And once I ran into two Sarah Palin’s travelling together who looked slightly different –one was Sarah when she was Mayor of Wasilla, Alaska, and the other was after her national makeover. Now that was scary.



Return to Normalcy

Even scarier? On Sunday night, I found myself suddenly without anything to do. No more exams. My take-home paper was done. My take-home exam was done. There were no more Halloween parties. No GSB events or Sloan activities to attend. No required Leadership workshops, prep sessions, or Seminars to dress up for. No last minute study group meetings for assignments due on Monday morning.

Wow. After two months of non-stop activity, I suddenly found myself not knowing what to do with myself. I tried hard to remember what it was like to be a normal person again.

Then I recalled that we had lots of reading to do for this upcoming week, and I breathed a sigh of relief. Since the OB class was over, we also had a new Strategy class that started at 8 am and there was no way I was going to make that unless I got some sleep this week. Somehow the large amount of reading (which I hadn’t done yet) and upcoming assignments (which I hadn’t started yet) hanging over my head had become comforting.

I found that a little bit disturbing. Instead of doing any reading that night, I rented a science fiction movie and watched it guilt-free.


SPECIAL DISCLAIMER: the opinions and experiences recounted in these blog entries about my year at Stanford Business School for the Sloan Program are my own personal observations and ranting. This blog is not endorsed by either the Stanford GSB and definately not by any of my fellow Fellows

Saturday 1 November 2008

Area Blogger Reads Our Blog!

We have confirmation from teh InTeRw3bs that at least one person has read this page. Thanks to The UCL Practitioner for mentioning us in her Blawg Review # 183. And btw, the UCL Practitioner is always worth a read too if you pay any attention to California's Unfair Competition Law.

DGV

Election Day is a Vote on the Employee Free Choice Act

This is not a "partisan" blog. We don't care for whom you vote. We represent employers/ management, though. So, we tend to discuss legal developments through a prism of how they affect the employer. And that's. O.K.

I bring up the election because, let's face it, all blogs are about the election. Why should ours be any different? Oh, and it's pretty much a given that the fate of the so-called "Employee Free Choice Act" will turn on which candidate is elected President next Tuesday. It pays to know what the law is, what it will bring to your business, and whether you can live with it. We can certainly live with it here at SV (once we hire enough lawyers to handle all of the work that this law is going to generate for us.) Hint hint.

Essentially, the law (if passed) will make it possible for unions to organize workers without a secret ballot election, merely by signing up a "majority" of the workers in an appropriate bargaining unit. Once the union demonstrates its status as representative, contract negotiations must start within 10 days of the union's request. The parties must negotiate a first contract in 90 days. If the parties fail, then there's mediation. If you're ok with all this so far, then here's the part that might concern you if you are a business owner or manager (and maybe if you're a union member too): if mediation fails, a government appointed arbitrator will decide on a first contract for you. ("Hello, I'm the government arbitrator. I'm here to help. So, I'll be deciding the employees' wages, and what the terms of your contract will be, too!") If you don't believe, me, the link to the proposed law is here.

The private sector workforce is about 7% unionized now. When employers are able to explain to employees what unionization will bring, employers win the election about 50% of the time. But when employers are silent, unions win a vast majority of the time - possibly 80% of the time? If there is no secret ballot, no campaign and a union's representation will be based only on whether union organizers can convince employees to sign an authorization card at a pizza and beer fest down at the local union hall? Well, you do the math.

So, here's a selection of law firm articles on the EFCA. If you seek balance, try Yoga. Or you can Google the AFL-CIO's or union advocates' explanation of the law, too. Again, the text of the current version of the bill, HR 800, is here. There, now you can vote.

DGV

Tuesday 28 October 2008

Son of Brinker?

Brinker's gone. But Brinkley's here! At least for now. In Brinkley v. Public Storage, Inc., the court of appeal issued a published opinion, in which it held that meal and rest periods merely must be provided, not forced. This holding tracks Brinker v. Superior Court (now on review).
The court in Brinkley relied on federal case law, the same cases on which the court of appeal in Brinker relied.

Given the similarity to Brinker, the Supreme Court may accept review of Brinkley under a "Grant and Hold" order. So, don't rely on Brinkley unless review is denied. We won't learn its fate for a couple of months.

The second key issue in Brinkley is the court's holding that the wage statement statute, Lab. Code section 226 requires proof of injury and some intent on behalf of the employer. That statute provides penalties of up to $4000 per employee for non-compliant wage statements....

Be careful out there!

DGV

Monday 27 October 2008

DLSE: Brinker is Dead. Long Live Brinker!

Earlier this year, the California Division of Labor Standards Enforcement adopted the meal period standards that the Court of Appeal announced in the famous Brinker decision. We covered that DLSE memo here.

So now that the California Supreme Court decided to review the Brinker case, what will the DLSE do?

Well DLSE just issued a NEW memo in which it rescinds its Brinker memorandum, here. In its new "rescission" memo, the DLSE strongly suggests it will continue to enforce meal period laws such that an employer need not force employees to take meal periods; it simply must offer them. (So, to DLSE, Brinker is gone, but not forgotten).

Good news for employers facing DLSE claims. But in court, this area of the law remains pretty muddy.

Hat tip to Storm and Wage Law.

California Supreme Court Expands "Equitable Tolling" of Limitations Period

When an employee pursues internal remedies rather than filing a charge or lawsuit, the statute of limitations is tolled, the California Supreme Court said today. (That means the statute does not count the time during which the internal remedy is pursued, expanding the limitations period accordingly).

The Antelope Valley school district had a detailed internal procedure for investigating discrimination / harassment complaints. Plaintiff McDonald and others pursued the internal remedies. By the time they filed a discrimination charge with the Department of Fair Employment and Housing, more than a year had passed since the last discriminatory act.

The limitations period is tolled for "continuing violations," for pursuing mandatory administrative agency remedies, and for other reasons. But the Court expanded that legal doctrine to the employer's internal processes. So, if you have an investigation procedure, grievance steps, internal peer review, or other informal, voluntary alternative dispute resolution procedure, the statute of limitations may be "tolled" while those proceedings continue. It will be important to send a letter telling employees when the internal remedies are no longer in effect to trigger the statute. It will also be important to secure witness information, documents, and the like, given that the employer may face litigation over stale issues down the road.

The opinion is McDonald v. Antelope Valley Community College District and the opinion is here.

Wednesday 22 October 2008

California Supremes Accept Review in Brinker

In a not-very-surprising development, the California Supreme Court accepted review of the Brinker v. Superior Court decision, discussed here and here. And here.

When the California Supreme Court accepts review, the opinion cannot be cited. So, the law now reverts to the pre-Brinker days. Which means you should read my old article, here.

However, there is one wrinkle that remains to be ironed out. The DLSE, our labor standards agency, has adopted the Brinker opinion as its enforcement position. Will the DLSE leave its interpretation in effect while the high court considers the case? We shall see. The discussion of the DLSE memorandum regarding Brinker is here.

DGV

Monday 20 October 2008

Stanford Business, #11, Glad To Be Here...

Last week marked the first full moon on campus since the term officially started. For the Sloans at the Stanford GSB, this means we’ll have been here two months next week. As usual, we had a jam-packed week.

Glad to be Negotiating?

A few weeks ago we saw videos of the Blue Angels starting (and ending) their briefing and de-briefing sessions with these words “Glad to Be here”. The members of the Sloan GSB class have taken them to heart, often starting meetings (or even emails) with: “Glad to be here”.

Ok maybe sometimes it’s said with a knowing smile and little bit of gritting of teeth, especially when we learn that we have even more reading to do for our classes, while we have midterms rapidly approaching.

We’re now entering our “busy” period: this week, every single evening after our normal classes finish, we have our 5-session intensive negotiations class from 5:15pm to 8:15pm. Which leaves us with plenty of time to study for our midterms, doesn’t it? Did someone mention something about a speed-reading course? That would be useful right about now…

For me, I’m just glad that it’s at 5 pm in the evening (which I can make) and not 5 in the morning (which I probably wouldn’t make it to).



Two Parties, Who Wins?
Even before our intense negotiations class started, we got a taste by doing a negotiation exercise last Friday in our OB (“Organizational Behavior”) class. This exercise was called a “two-party multi-issue negotiation”).

For each pair of students, one of us played the part of a proprietor of a family-owned Latin American food processing company; the other became a representative of a big international conglomerate that was going to acquire the company.

Points (“payouts”) were awarded to each side depending on how well they negotiated their position on each of the four issues we had to deal with: 1) amount of cash paid up front vs. paid later, 2) years of non-compete that the entrepreneur will have after the acquisition, 3) number of family members of the entrepreneur that would still be employed after the acquisition, and 4) which party would take on potential liability. Each issue had its own payoff structure, and we weren’t allowed to see the other party’s payoffs.

When I told an engineering friend of mine about our OB class recently and the exercises we do, she asked why we were just “playing games” every day in business school rather than studying!
I can assure all of my engineering friends that these games are actually serious academic exercises designed to teach us well-researched techniques. That they are also fun is beside the point!

The results ranged from shark-like (one party walked away with the store) to moderate (both sides ended up with about the same number of points). We quickly learned who the sharks and the pushovers were in the class (though that’s likely to change rapidly in the new negotiations class).

You might be thinking that this scenario is a little contrived. After all, in the real world, there aren’t any explicit points awarded for negotiating issues. But by being so explicit with the payoffs, it was possible for both parties to review each other’s payoff schedule after the exercise was done.

It was eye-opening. We realized (too late) that some issues were more important to the entrepreneur and not important at all to the conglomerate (Damn! You mean I could’ve negotiated more and the other side would have given in?). Some worked the other way around. And some were, rather counter-intuitively, such that both parties actually wanted the same outcome!

Turns out that by understanding the other side’s priorities, both parties could have gotten higher payoffs rather than negotiating each issue as if it was a zero-sum game.

How to do that? In a multi-issue negotiation, you can simply ask the other side to rank the issues by importance. You’d be surprised how many people are willing to answer that question since it’s innocuous enough.

To my chagrin, I didn’t ask this to my partner in the exercise, and he didn’t ask me, so we ended up with a run of the mill 50/50 compromise. Acceptable but as our modeling professor would say, sub-optimal.

Study Trip to the Valley

This week, we had our first Study Trip, to prominent Silicon Valley Companies. Study Trips are sort of like field trips in elementary school, except they’re for b- school students and we don’t get to go to any museums.

We visited three companies on our trip this week: LinkedIn, Google, and DCM. Our bus left at 8:30 am sharp (Yes, I made it on-time, believe it or not!) and drove all the way to Mountain View (where the first two companies are located) and then back to Palo Alto on Sand Hill Road where the third (a venture capital firm) is located. So what was it like?

LinkedIn. Our first meeting was with the CEO of LinkedIn, a well known business/resume/social networking company: Dan Nye. He told us a little bit about the history of the company. It was started by a number of founders, including one of the founders of PayPal (Reid). Dan was at an enterprise software company before taking over as CEO of LinkedIn, and he spoke about the differences in running a high-profile web 2.0 company vs. his previous jobs. Unlike some companies where the founders left when professional management, at LinkedIn the founders still work closely with the CEO, which has made it a great experience.

Dan wasn’t present at the founding of LinkedIn, but he did tell us one obligatory Silicon Valley “startup” story – on the first day he joined LinkedIn, they were still in an old office in Palo Alto with a leaky roof and there was no one to call for maintenance so they had buckets set up to catch the water. Needless to say, they don’t have that problem today – their offices are quite plusch in a class A building in Mountain View just down the road from Google..

As an interesting aside, he mentioned that his brother worked for Bain Capital in Boston – turns out I pitched my last company to his brother a few years ago with my last company. They didn’t fund us, but as I remember, they gave us some pretty good feedback and advice…small world.

Google. The second company we visited was Google. I would really like to tell you what we saw and heard at Google, but they made us sign an NDA so I can’t tell ya nothin.

HINT: Both of the speakers were women, and both were among the first 20 hires at Google (no we did not meet with Larry or Sergei, the founders). One of the speakers, who spoke about innovation in general and how they innovate at Google in particular, looked a lot like, and spoke like the woman in this video (though the woman we saw had the presence of an in-command corporate VP, rather than the uber-geek presence in this video):
http://www.youtube.com/watch?v=soYKFWqVVzg&feature=related.

Kidding aside, the talk about innovation was actually pretty inspirational, and the stories of how Google iterated from just search towards its final model of "search, see ads, click, and ka-ching!" was pretty interesting.

We also got to eat lunch at the much-vaunted Google café, and even saw Spaceship One, which one of the Google founders bought after it won the X-prize in 2004. Google also added its own version of this prize, which involves giving $30 million to anyone who can launch a satellite to the moon and send a signal back.


DCM. In some way, this was the most interesting of the three stops for me. We met with David Chao, Cofounder and General Partner of this well-known leading Venture Capital firm. He told us how he started to invest in China and Japan in the nineties when people thought he was crazy for doing that and not investing in dot coms. He told us his thoughts about leadership, which seemed to be the result of a lot of professional reflection and self-awareness (something I have to admit I don’t see a lot of with Venture Capitalists; Wonder why that is?).

He said that to be a leader (especially an innovative one), it means that at some point you are going to get lonely. There is always that point when you are out front, going to have to be out front at some point, by yourself, when people are not following you. Eventually (after one day, one month, a year, or 10 years) people will eventually catch on. It can be quite lonely during that time.

He also talked to us about how he used his intuition to help guide decisions. As an example, he mentioned how an entrepreneur once showed him a spreadsheet that listed all the factors they were looking for in a VC. He said that probably wasn’t the right way – you had to go with your gut feeling of who you’d work best with. He also talked about “signs” – little things in the environments that inspire you in some way to follow a course of action. It could be a song you overheard on the radio, or some conversation you overhear that speaks to you. I found this intriguing enough since I had never a VC talk in these terms before. I believe that intuition is the most overlooked factor in making professional decisions which define an innovator and have started writing a book on it. Stay tuned for that.

Full Moon Over Stanford
In my brief year here, I’ve vowed to try to keep up with some of the undergraduate traditions at Stanford. This can be difficult, since graduate students are explicitly not invited to said undergrad traditions. And Sloans are even older than your typical graduate student. A few weeks ago I witnessed the “Band Run” (see earlier post on that). One of my friends who attended Stanford Undergrad, thinks it’s hilarious that I’m trying to re-live her freshman year. For the record, I’m only observing the undergrad traditions, not trying to be a freshman again!

One of the more famous (infamous?) traditions is Full Moon On The Quad, referred to by the student body affectionately as “FMOTQ” (yes Stanford students like acronyms, as does the faculty).

This long enduring Stanford tradition, started probably a hundred years ago, was historically a way for Senior boys to welcome the Freshman girls by giving them a rose and getting back a kiss on the cheek. Since then it has evolved (devolved?), becoming a way for undergrads to cut loose and get over their inhibitions at midnight by making out with other students when they are relatively new to campus.

A few business school students sneaked into the Quad to see what was happening around 11:30 pm. There wasn’t much happening, though there was clearly some anticipation in the air. Bands were playing on a make-shift stage, with groups of students dancing a little and otherwise enjoying being with friends. But no kissing.

I asked some undergrad girls nearby about what was going on – both of them, one of them a senior, one a sophomore (both of whom looked like they might have been straight A students in high school) said that they’d attended FMOTQ each of the previous years but hadn’t kissed anyone. They looked a little nervous about the whole thing but seemed determined to get over their trepidation this year!

By midnight, there still wasn’t much happening. There was one dorky looking guy walking around with roses handing them out to undergrad girls, who smiled sweetly but as far as I could tell, he wasn’t getting anything in return; the girls would take the rose and wander closer to their girlfriends, who were typically dancing next to some of the frat boys, who were clearly not handing out roses but were obnoxiously bragging about how they were going to kiss more girls that night than they had the previous years.

After 12;30, things started to change, slowly. A small portion of the student body was mingling and bumping into each other in the middle of the well-decorated and grandiose Stanford Main Quad, eyeing each other to decide who would get a kiss and who wouldn’t.

By about 1am, things had changed radically. Let’s just say that there was an even smaller subset of students (mostly undergrads with a few shady grad students who sneaked in, I’m sure) out on the floor, doing some serious making out with their fellow students.

At some point, I don’t remember exactly when, the nudists arrived (yes, there’s a group of about 80 nudists at Stanford who I’m told run around campus naked on special occasions like this one). They didn’t actually look like they were naked, since they were covered with body paint that in the middle of the night looked like it could have been clothes. Plus it gets really cold in Palo Alto after midnight, so it would be really stupid to run around campus with no clothes on, or so I thought. When one bumped by me, I took a closer look. Yup, they were definitely naked…no doubt about it.

Now who would have thought Stanford students, among the most academically minded geeks in high school, would be out kissing random strangers on the Quad under the first full moon of the school year? Krutos.

We left shortly thereafter, but I’m sure that for the ambitiously minded, the party continued well into the night! No, I didn’t participate, but as I walked back with some of my classmates I was clearly thinking maybe, just maybe, it might have been more fun to be an undergrad at Stanford than at MIT!

What’s Your Type?
Speaking of a totally different type, on Friday, we had as part of our leadership series, the MBTI personality test and workshop, which stands for Myers Briggs Someting Something. It’s basically a personality test, where you answer questions (used to be on paper during the time of two people named Myers and Briggs; now they’re online) about your preferences in life.
Here are some examples (not real questions, just what I remember being on the test):
Do you like to have your schedule planned out to the minute or do you like to wing it?
Are you flexible with time or do you like to have everything planned out?
Do you get annoyed with people who are flexible with time or do are you like them?

The eventual goal of the test is to classify you into various quadrants of the MBTI graph (are you introverted or extroverted? Are you more likely to be thinking or feeling? Are you perceptive or intuitive?).

The workshop started at 8 am on Friday after a very busy week. Needless to say, since I thought it was an optional workshop, I missed it.

Honestly, I have never been a big fan of categorizing people into buckets, since in my humble opinion, each person has very unique characteristics and doesn’t always fit nicely into one bucket or another. Throughout high school and even college, there are some people who, believe it or not, would classify me as clearly introverted, while others would have clearly said I was extroverted. So, which am I? An E or an I? To quote our accounting professor, It Depends.

Categorizing reminds me a bot of Astrology (I’m a Sagittarius, what’s your sign?) or numerical types in the Enneagram (I’m a 3, what number are you?). Now there are certainly people who swear by these categories, and maybe they’re right. I just tend to have an initial skeptical reaction to them (though I’m willing to be convinced).

By about 10 am that Friday, I was facing the by-now familiar Engineer’s Dilemma – do I go to the workshop, having missed the first half, or do I just wait until it’s over? I decided to get some work done and show up to the next item in our jam-packed schedule – a brown-bag lunch during which some classmates were making presentations, followed by our OB class all afternoon.

Turns out that my MBTI type was “ENTP”, a fact which the teacher shared with the class. Apparently, people in this category, as far as I’m told, are very flexible with time and may even occasionally show up late to things.

The teacher was looking for an example of someone in this category and (as I’m told) called my name. I wasn’t there. A fluke?

Since I wasn’t there, she went to the next name of a classmate whose answers to the test also fit him into the ENTP category. Characteristically, it turns out he wasn’t there either! Only 50% of the four people in this category had bothered to show up for the workshop… which proved to be instructive in its own right.

Hmmm… that's a pretty big coincidence. Maybe there is something to this MBTI thing after all…


SPECIAL DISCLAIMER: the opinions and experiences recounted in these blog entries about my year at Stanford Business School for the Sloan Program are my own personal observations and ranting. This blog is not endorsed by either the Stanford GSB and definately not by any of my fellow Fellows