LA-DLSE supervisor Diana Chen crucifies all of her subordinates on her performance evaluations of them except Frank Capetillo: coincidence or not?

If Diana Chen hasn't passed her supervisor probation yet, then Regional Manager Susan Nakagama and Assistant Chief Greg Rupp should be happy that once again, the DLSE employees working under Diana Chen are distressed, downtrodden, and demoralized. In a normal world, this would trigger questions by the higher-ups. In the DLSE world, this is cause for celebration and the passing of one's probationary status.

If Lupe couldn't take appropriate action on those that were alleged to have retaliated against Ms. Lowpezz (not real name, but Lupe gets it), then he sure as heck ain't gonna lift a finger to inquire about the operational efficiency and morale stemming from Diana Chen's unit; ferchrist, the DLSE has mandated that Regional Managers must review and approve all performance evaluations before being issued to each employee [read blog entry about Acting Labor Commissioner Robert Jones performance evaluation mandate], so this office-morale nightmare [ultimately] rests with Susan Nakagama. Diana Chen designed it, and Susan Nakagama approved it. The real trouble it that the public will be interacting with pissed-off state employees who feel that they were given the shaft by both their bosses: once by Diana Chen, and a second time by Susan Nakagama when she approved the evaluations. Great job: way to go on making sure that your staff is operating at its fullest potential and providing the best service to the public.

One can bet that (whatever) deficiencies Diana Chen listed in the evaluations that the evaluations didn't have adequate documentation in the employee's personnel file to warrant such accusational shortcomings. Does Diana have the power to promote Frank the way that Roger promoted Susan?

CMS tech support working hard to bring you work permits on December 4th

Nance Steffen wanted everyone to try and use the system; the trouble is, no one could work on the CMS entertainment work permits in two of the busiest California DLSE offices. Classic. Let us know when CMS is ready for practice.

CMS command staff wants input, questions, etc. after 20 months of top-down design.

In the DLSE's latest twist, Deputy Chief Lupe Almaraz issued a memo where he solicits questions, suggestions, and input only 20 months after CMS' finalization. Of course he cares about the public; these are not shallow words carelessly placed in a memo! Our leader talks about input: let's see him boldly go where no bureaucrat has dared to go before: transforming raw input into positive action.

Q1: What will be the DLSE performance standard concerning the number of monthly conferences and hearings to be held while using CMS? What numbers would constitute sub-standard, standard, and above-standard performance? Will different standards apply to different DLSE offices, according to the volume of claims, entertainment work permits, investigations, etc. each DLSE office produces? Or should we use the Dan Cornet/Santa Barbara telephonic standard for each office????

Q2: Why can't the DLSE produce quantifyable statistics on the number of citation appeals held, citation appeals affirmed, and citation appeals rejected? Currently, the monthly reporting records the type of citations issued as well as the amount, but why no statistics on the results of the citation appeals? Why does the current reporting procedure shield Asst. Chief Rupp from such reporting standards? Which DLSE field agents, under Asst. Chief Greg Rupp's cone of responsibility, have been identified as losing a majority of their citation appeals?

Wage Claims/Regional Manager Abigael Calva infrequently questioned Hearing Officer Bruce Darby on the names of BoFE agents that had their citations appealed. Why a Wage Claims manager is asking about BoFE-related issues is anyone's guess, but it seems to be an interest (even) for those that have no business in BoFE citation appeals.

If Deputy Chief Lupe Almaraz can successfully answer those two questions, then maybe we can crawl out of the baby crib and move onto more complex stuff, like the average time the DLSE anticipates it will take to successfully process an Entertainment Work Permit and a Wage Claim on CMS (assuming he pondered such an effect upon public service). Maybe Lupe's underlings didn't bother to think of such things like the Bottom Line (i.e., public service wait time), but then again, a DLSE Deputy Chief of Lupe's proficiency probably "anticipated" extended public service delays without concrete "numbers" in the form of minutes, hours, and days.

CMS executives: who's an asset to the People of California and who's a liability?

Agency Secretary Victoria Bradshaw: asset to public service or liability?
Acting Director John Rea: asset to public service or liability?
Acting Labor Commissioner Robert Jones: asset to public service or liability?
Deputy Chief Lupe Almaraz: asset to public service or liability?
Assistant Chief Nance Steffen: asset to public service or liability?

Is there anyone I missed that had a charge of responsibility with this CMS?

When it comes down to it, have any of these people made decisions that have benefited the People of California? Bradshaw tried to stick it to the working class with Livadas, then the US Supreme Court told her to pound sand...then Arnold resuscitates the ol' Pete Wilson crew and makes her (of all people) the Labor Workforce Development Agency Secretary! Yeah, she cares for the working Californian; another one of her "accomplishments" was pimping out her buddy Jose Millan to the Restaurant lobby, then losing (again) in court. He had to go bye-bye to Community College to continue collecting his state paycheck. Illegal propaganda video/infomercials? Yeah. she cares. Since she began living on the public trough, I haven't seen one directive that helps the People. This administration has assisted Big Business and a very wealthy few, but that small circle does not necessarily constitute "The People of California;" that small circle is "Special Interests," and is not a fair representation of the People.

CMS is just another version of this administration's trickle-down agenda of sticking it to the working Californian. CMS makes it virtually impossible for both the DLSE employee and for the Californian, to process allegations of California Labor Law violations in a timely manner. Not only that, but someone became VERY wealthy as a result of this government contract.

The DLSE does it again! B R A V O !!!

I don't know if it was Acting Director John Rea, Deputy Chief Lupe Almaraz, Assistant Chief Nance Steffen, or maybe it was all three of them; someone spun The Excuse Wheel, and it landed on "DELAY."

The CMS fiasco is now officially delayed; the brunt of CMS will not be available until January 16th. This doesn't excuse John Rea, Lupe Almaraz, or Victoria Bradshaw from learning CMS. If these big-brains cannot figure out how to process a DLSE Form 1 (Wage Claim with multiple complex isues) into CMS, then how can they expect the little-brains to successfully navigate it? LABOR STANDARDS HAS NO LABOR STANDARDS.

RULE #1. Just like Babe Ruth, never point to the outfield unless you can deliver a home-run; the DLSE executives provide a concrete date of December 4th and they don't deliver. The executive-management excuses will continue, the sub-standard service to the public will continue, the retaliation will continue, and the incompetence will continue to infect this place the public calls DLSE.

DLSE comments about CMS are off the hook! Keep it coming; we need more information about Hansen, the City of San Francisco, etc.

CLICK HERE TO READ COMMENTS. The CMS topic is really striking a cord with DLSE staff; it's too bad that Deputy Chief Lupe Almaraz is deaf in this respect.

DIR blocks the blog to prevent information about CMS?

CLICK HERE TO SEE THE COMMENT. Nothing the DIR does, in providing a disservice to the People of California, should come as a surprise.

Be prepared to handle the public's complaints. Be prepared to give the public information. Be prepared to inform the public of the important decision makers. Be prepared to give them this information. The Santa Ana office has this system of handing out little strips of paper that has DEFH information when complaints need to go to DFEH. They also have other strips of paper for the federal Dept. of Labor for those complaints.

Once CMS is conflicting with the efficient service of the public, then we give them proper communication and information.

New role for that CMS wizard should CMS not become the answer to everyone's prayers

Why DLSE Assistant Chief Greg Rupp really needs DLSE Regional Manager Susan Nakagama

An anonymous source tells me that the real reason why Greg Rupp keeps Susan Nakagama in play is because he needs a scapegoat; a dumping ground for any possible mistakes and blunders that occur during his watch. His dumping ground is his next in command, which is Susan Nakagama. It was explained to me that even "idiots in this administration serve a purpose."

Everytime something goes wrong, he can blame Susan. It's not like Rupp will step up and take responsibility for problems under his command. I'm sure that Susan's okay with it because she probably hasn't figured this out. If Rupp had a supersmart Regional Manager, then he'd be worried about covering his posterior. With the way it is now, Rupp's not worried about Susan outsmarting him, and he can continue to blame her for all of the problems under his watch. If I was Lupe, I would eventually grow tiresome of Rupp's excuses.

Greg Rupp probably can't do what he really wants because that might start her paperwork (think Roger Miller); besides, he doesn't want to move her anywhere. He had the perfect opportunity when they investigated the SL retaliation complaint, and he kept her. I'm confused: something happened to SL and everyone in the know told DLSE investigator Lee Pearson that it was retaliation.

Deputy Chief Lupe Almaraz starts looking into the retaliation complaint, and then the DLSE transfers SL out of Public Works and away from Julie Tarazon, Lauro Cons, and Susan Nakagama. So what happened to Julie Tarazon, Lauro Cons, and Susan Nakagama? The DLSE doesn't transfer anyone unless there's a valid reason, so what was the DLSE's valid reason for transferring SL? If the retaliation allegations were unfounded, then they would have kept SL in the same position, but they didn't. SL got transferred, and Julie Tarazon, Lauro Cons, and Susan Nakagama got away with it. Think about this: if Greg had done to Susan what Susan did to SL, then how fast do you think Susan would have filed?

A Fraud perpetrated upon the People of California, a Waste of state time, money, and resources, & an Abuse of authority. Flunking someone's probation just because you don't like them (or because they filed a valid workers compensation insurance claim) is wrong, and wrongdoers should be held accountable.

Dept. of Industrial Retaliation now blocking this blog?

CLICK HERE TO SEE THE COMMENT RECENTLY POSTED.

Well, it's really no big surprise. Think of it this way, a rapist doesn't want his photo & rap sheet posted on the internet, so why would the DLSE express such joy in having their dirty secrets "outed?"

The best response to DLSE's blockade is to share. If you think it's worthwhile, then inform people of this website. Talk and email those that might make a difference: labor & employment attorneys, elected officials, advocacy groups, Senators, Assembly Members. Write down and share this internet address, letter for letter and dot for dot:

www.NoLaborStandards.blogspot.com

Why CMS sux so bad

This beast is a top-down design, and a crappy one at that. When the DLSE wizards decided to use Hansen's pre-existing software, that was the beginning of the end. A top-down design means that the top brass want it configured for their ease of use, then find a way to tweak it so that the bottom can use it. CMS is all about the top brass accessing information that they use to keep their bosses happy.

No one bothered to consider the ones that will actually input the information, nor did no one bother to consider the delays to public service that this software will cause. This system will not speed up the complete processing cycle of wage claims, this will not speed up the processing of entertainment work permits, this will not speed up the processing of field investigations, and it certainly will not make the lives of those affected easier. In one fell swoop, everyone's job to service the People of California just got harder, but those at the top merely need to click buttons.

Any CMS-related disruption in public service might be countered with the providing of names/titles, addresses, phone numbers, and email addresses of those PUBLIC SERVANTS that need to address such complaints. If the public is delayed, frustrated and complaining, then information provided to the public may include California's elected officials, LWDA Secretary Victoria Bradshaw, Acting Labor Commissioner Robert Jones, Deputy Chief Lupe Almaraz, and Assistant Chief Nance Steffen. Not one good word has been uttered by those who have been trained in CMS; the best words that Nance's soldiers can muster only offer muzzled neutrality.

The public has a right to have information of those that are obligated to hear their CMS-related complaint. Certainly the DLSE will want their staff to provide such information (especially if it's requested by the public); after all, we are in the business of servicing the public, and the public has a right to have such information.

CMS: the division's new tool to screw the public.

There is a tidal wave coming, and it is gathering force. It will show up (briefly) on the public's radar on December 4th, disappear for a couple months, and then it will reappear too big and too fast. The public will be unable to fight it, as management will stubbornly stand firm in its resolve to shove this CMS down everyone's throats...the public be damned.

The real sphincter tightener is that Deputy Chief Lupe Almaraz thought it was a great idea to only give fifteen hours (7.5 hours/day) of DLSE personnel training concerning a software program costing millions of dollars. Ferchrist, DLSE personnel need fifteen hours of training on Microsoft Word, and that software only costs $150. This only goes to show how competent he is to lead as a DLSE Deputy Chief. These pretards don't have all of the necessary documentation to conduct a complete training session, but they "swear" it will be ready on December 4th. These pretards failed to conduct a live test of CMS with a smaller office (so the pretards could work out the bugs), so every office will go "live" on December 4th. The DLSE is taking the current system (some old-ass version of File Maker Pro) off-line on November 30th.

I'd like to see Deputy Chief Lupe Almaraz succesfully process a DLSE Form-1 Wage Claim, including multiple complex issues like commissions & overtime on the new CMS format (he can't receive any "assistance" and must rely solely upon his training). I'd also like to know how many hours of training he had before he began this processing. My guess? Several hours+plus to process this example. Just for sh*ts and giggles, I'd (then) like to see Nance Steffen, Greg Rupp, Abigael Calva, Susan Nakagama and Lauro Cons tackle this same challenge. Nance might be able to do it in less than a day because Lupe needed to put her in a place where her best skills would be used. Whoever failed could start with something simpler, like an Entertainment Work Permit; that should only take a few hours out of their day.

Can any DLSE staff imagine someone like Susan Nakagama trying to train DLSE staff on this CMS nightmare? You remember what happened the last time the DLSE called upon her to assist in holding hearings at that cattle call a couple years ago? She couldn't (even) decide a wage claim hearing, must less write a decision.

Comments made about the new CMS program (paid for by taxpayer dollars)

I like it when people leave comments, either favorable or unfavorable. It lets me know that someone other than Lupe Almaraz is reading it.

From what I hear, the CMS project is merely a management surveillance tool that is nearly impossible to use by those that actually do the work. For example, to process a child's Entertainment Work Permit normally takes about 3 minutes. With the new system, there are a multitude of computer screens to access, buttons that need pushing, and all in the hopes of: A) the user is proficient with the software, and B) the computer system is functional.

Even if the new CMS system allows a person to process the wage permit in ten minutes, then you have delayed normal service to the public (just on this one solitary issue of issuing an entertainment work permit) by over 300%. How does this benefit: A) the People of California, and B) the workers enslaved to the CMS project?

Anyway, there's a lot of chatter about Leslie Clements, her retirement & promotion package, her returning as a retired annuitant, and her involvement with CMS. Is it safe to asume that she was really close to Lupe and Nance? People don't hit the jackpot in DLSE unless they're "connected." What is Leslie's connection? Why won't the system work at training seminars? Why aren't the necessary documents ready for the training seminars?

CMS allows someone like Nance Steffen or Lupe Almaraz the ability to surveil those that enter data into the system. The design of CMS should have the ability to track & record Nance Steffen's or Lupe Almaraz's computer surveillance of personnel. I would love a computer printout of who Nance and Lupe targeted on CMS, for how long they surveilled the target, and what it actually was that caused the surveillance in the first place. After all, who's watching the watchers?

Asst. Chief Greg Rupp: "since we don't have anything real to give to the judge, let's introduce irrelevant evidence to soil the blogger's character"

Now I understand why they didn't promote Greg Rupp to Deputy Chief. Now I understand why power-hungry bureaucrats desperately try to cling to their status. Now I understand why Greg Rupp provides non-sequitur testimonials after having lost in court.

What I don't understand is why the Dept. of Industrial Retaliation lawyers approved of his irrelevant information into his testimonial. Any judge will clearly see that One has nothing to do with the Other and is tantamount to abuse, and judges usually frown on those who waste the court's time. I would assume that judges want the facts at issue.

Maybe the judge will want to question further about the DLSE's attempt to interrogate the blogger without his legal representation. Maybe the judge will want to know why the DLSE's arrogant lawyers had knowledge of the unavailability of the blogger's attorney, yet the DLSE's attorneys intended to interrogate the blogger anyway. Maybe the judge will question why the DLSE considers the United States Constitution to be the equivalent of toilet paper. What's the reason behind the reason?

This is the reality of the DLSE's position: they are all butt-sore from losing in court, so then they try to come back to court with some half-ass attempt to show actual workplace disruption, when they are the ones that disrupted the work place (my informants told me that Lee Pearson asked like 2 or 3 questions about nothing, then went straight to the blog inquisition...first without a tape recorder, then with a tape recorder [this is their peace officer standard for a Senior Special Investigator?]). But the Retaliation lawyers didn't stop there; Greg Rupp provided information completely unrelated to the issue of the blog...in an attempt to throw mud on the blogger. The Retaliation lawyers have all day to waste the court's time: they wanted a different judge, so they got one. They wanted to waste the court's time in wanting two different dates to hear issues, and the judge told them only one date. They had their day in court, so now the judge will hopefully order them to stop wasting the court's time and to wait for their trial date. Soon enough, they will have their day in court, but they insist upon wasting the court's time with their motions. FRAUD, WASTE, or ABUSE? You decide.

Was this the new hat designed by those who created the CMS project?

What could go wrong if Greg Rupp was the Assistant Chief at CalTrans?

DLSE off-duty free speech policy