SatSunMonTuesWedThurFri Fantasmic!2200002 Pixar Fireworks1111111 California Adventure9-118-1110-910-910-910-98-9 As per usual, the parks will open one hour early for eligible guests at Disneyland Park Saturday, Tuesday, and Thursday, and at Disney California Adventure Sunday, Monday, Wednesday, and Friday. Resort guests can take advantage of these hours every day of their stay for Extra Magic Hours, while guests eligible for Magic Mornings can use that benefit one day at Disneyland Park only. Full park hours can be found by clicking on each date in the Crowd Calendar.RefurbishmentsThe refurbishment list is thankfully pretty short right now. At Disneyland Park, Pirates of the Caribbean is closed to transition to the new auction scene, and Space Mountain will be offline very briefly on May 3 to transition to Hyperspace Mountain that evening. Over at California Adventure, the Boardwalk Games at Paradise Pier and Mickey’s Fun Wheel are closed during the area’s conversion to Pixar Pier, and World of Color is dark during Pixar Fest, but the remainder of the park is all up and running. Check out our refurbishments page for details on exactly what will be down and for how long.Looking ahead, Disney recently announced that “a bug’s land” would be closing to make way for more Marvel attractions at California Adventure. It will be going away for good towards the end of the summer, so make sure you plan ahead if you’d like to see it before it disappears.That should do it for this week’s preview. Check back next week and every week to find out what’s coming down the pike. Got questions? Aware of anything else that prospective guests should know about? Let us know in the comments. Paint The Night2211111 ShowSatSunMonTueWedThuFri Share This!This week, we see a Star Wars-themed Disneyland After Dark, and special festivities for Star Wars Day, a/k/a May the Fourth. Read on to find out about this and more in this week’s Disneyland preview.Special Events and Notes© DisneyWe still have a while before Star Wars: Galaxy’s Edge opens, but there’s still loads of Star Wars fun to be had towards the end of this week! Thursday night is the latest installment of Disneyland After Dark: Star Wars Nite, which will feature a meet and greet with Rey, the premiere of the March of the First Order, and the return of Hyperspace Mountain, the outstanding Star Wars overlay for Space Mountain, in addition to other Star Wars-themed merriment. You should be aware that tickets are already sold out, so if you don’t already have tickets, Disneyland Park will be closing at 9 pm on Thursday for you.The Star Wars fun continues on May the Fourth, and the good news is that many of those special events and opportunities will be available to the masses on Friday; if you’re not able to make it on Thursday, you’ll have a chance to see Rey, watch Captain Phasma, and pick up special Star Wars merchandise the following day. Hyperspace Mountain will also be available to everyone staring May 4.Friday is also Grad Nite at Disney’s California Adventure. That park will host a private party after regular park hours, but there will be more teenagers in the parks that day prior to the evening event as well.It’s also still Pixar Fest! During this festival, which runs through September 3, you’ll find Pixar-themed fireworks and the Pixar Play Parade at Disneyland Park, and the return of Paint the Night at Disney California Adventure, in addition to other Pixar-focused activities and opportunities. There will also be special dining opportunities available, as one would expect, and the Alien Pizza Planet will be launching at Disneyland Park for the occasion. Make sure you check out Rikki’s preview of the Festival!As if often the case for these events, there is a special area for Passholders. Stop by the AP Corner for Pixar decals (new ones rotating in every two weeks) and themed photo locations. The AP Corner can be found at Paradise Gardens at Disney California Adventure and runs through June 8.Finally, Cove Bar remains open through the end of May for its last hurrah, if you’d like to give it another go before it goes away for good!CrowdsThe weekend will see some pretty substantial crowds, clocking in at level 9 and 8, but the week should have average to slightly above average crowd levels.Full details, including park-by-park crowd levels, are available on our Crowd Calendar.WeatherShould be a very nice week at Disneyland! Highs mostly in the 70s, lows in the mid- to upper 50s, and only a scant chance of rain in the middle of the week.As always, it’s wise to double check the weather as the day of your visit approaches. Check out the most up-to-date forecast here.ShowsDisneyland has a special slate of shows running for a bit for Pixar Fest, with the evening fireworks at Disneyland Park being replaced by Together Forever – A Pixar Nighttime Spectacular (featuring a flying Buzz Lightyear!) and World of Color being replaced by the Paint the Night parade at DCA. Also, the Pixar Play Parade joins the daytime schedule at Disneyland Park. Fantasmic! will continue to run, but only on Friday, Saturday, and Sunday. Detailed show schedules, including smaller diversions like Jambalaya Jazz, can be found here. Disneyland9-128-129-109-109-109-98-12 Pixar Play Parade2211112 Admission and HoursBlockouts are really only an issue on the weekends this time of year. Southern California Select Passholders are blocked out Saturday and Sunday, whereas Deluxe and Southern California Passholders are only blocked out Saturday. All other passes are honored every day this week. For those of you buying tickets as day guests, single-day tickets are at Regular Price ($117/$110) Saturday, Sunday, and Friday, and Value Price ($97/$91) the remainder of the week.Regular park hours (excluding Extra Magic Hours/Magic Mornings) are as follows this week:
A reader emailed me yesterday.“Hey Eric, Clients are wondering about value of settlement NDAs after ex-Fox News HWE victims go public despite contracts. Your reaction?”Wait! You mean employees actually violate confidentiality provisions?I know, right?By way of brief background, in late July, New York ran a story by Gabriel Sherman, suggesting a recent high-profile example. That is, two female Fox employees were allegedly sexually harassed by former Fox News boss, Roger Ailes. The Sherman story includes details of a 2011 settlement agreement between the women and Fox. An agreement that supposedly included “extensive nondisclosure provisions.”Now, before I react to the reader question, I remind everyone of the standard disclaimer.My initial reaction was shock. Specifically, I was shocked to learn that: (a) someone other than my father reads this blog; and (b) someone other than my father would take the time to email me about the blog. [Ok, before I really react, I’m going to ignore the National Labor Relations Act and other EEO/anti-retaliation considerations here. I’m assuming that they do not exist. I’m also assuming that most employees do abide by non-disclosure provisions. I’m not that cynical. Not on Thursdays, at least.]For me, the answer is easy: if you want a non-disclosure provision to have value, then assign it some value. I’m not talking about that boilerplate language about how confidentiality is a material term of the agreement. It doesn’t hurt to have that language, but, it’s not going to dissuade someone who wants to share the terms of the agreement from actually sharing them.No, you need something with real teeth. I’m a believer that the mere specter of financial loss is enough to deter someone from talking.But, ok. How much loss? And will it be enforceable?One option is to provide that an employee who breaches confidentiality must pay actual damages to the employer, including the attorney’s fees and costs incurred in enforcing the settlement agreement. Courts regularly enforce these “actual damages” provisions. But, good luck demonstrating actual damages. Most times, the juice won’t be worth the squeeze. But, I’ve never sought enforcement of one of these.Another option is a liquidated damages provision. Here in Pennsylvania, you can assess liquidated damages where actual loss is hard to calculate and the liquidated damages amount is a reasonable estimate of damages. From my ERISA days, twenty percent of the settlement amount sounds about right. And, the nice thing about twenty percent is that, rarely, does the employee balk at the provision. But, I’ve never sought enforcement of one of these.Yet another option I’ve seen (and used from time to time) is a more draconian provision requiring repayment of the entire settlement sum (including any share paid to the employee’s lawyer) less $500. This provision is all about flexing enough muscle to discourage an employee from testing it. Of course, it comes with enforcement risks (it screams “unreasonable.”) Thus, this is not a provision I’d employ with a large settlement sum. However, in a smaller settlement, I wouldn’t hesitate to recommend it knowing the opportunity cost to the employee, which would include paying an attorney to defend. But, I’ve never sought enforcement of one of these.Ultimately, my evidence here is all anecdotal. That is, rarely am I presented with hard facts to support a non-disclosure breach. And, then, there’s the prospect of throwing good money after bad to enforce. Plus, I’ve never sought enforcement.I’d like to hear from you.Since I don’t really have a great answer, email me and let me know how you have navigated confidentiality provisions in employment-related settlement agreements.Originally posted on the Employer Handbook Blog.
Two men arrested in theft of $15K in power toolsTwo men are facing criminal charges after police say they stole thousands of dollars worth of tools from Utah stores. Charges filed in 3rd District Court on Wednesday allege Chad Ware, 21, and Paul Labouve, 27, busted through glass doors of a Home Depot and a hobby shop in Sandy, and Lowe’s stores in Murray and Riverton, running off each time with armfuls of power tools and electronics. Investigators serving a search warrant in connection with the case Thursday discovered what they believe is at least $15,000 worth of those tools. According to the charges, online listings for some of the power tools appeared for sale on the online classifieds website Offerup within 90 minutes after surveillance video at the Sandy Home Depot recorded two men carrying them out of the broken door. A Ford Explorer the men are recorded using to drive off with the tools was also listed, charges state.After a detective arranged to purchase one of the drills, a warrant was obtained and investigators put a GPS tracker on the Explorer two days later, according to the charges. “We were able to recover a large number of tools, approximately $15,000 worth of the tools that had been stolen across the valley,” Madsen said. “Once we get those processed, we’ll get those back to the rightful owners.” Ware and Labouve are not from Utah, Madsen said, but appear to have come from another state. The men are suspected in a similar burglary in Colorado, Madsen said, and there is a “slight chance” some of the tools found Thursday are from that alleged heist. “We will see what we can find,” Madsen said. As of Friday, no federal investigators had joined the case, Madsen said. Ware and Labouve are each charged with theft, a second-degree felony; four counts of burglary, a third-degree felony; an additional count of theft, a third-degree felony; a class A misdemeanor charge of theft; a class B misdemeanor charge of theft; a class A misdemeanor charge of criminal mischief; and three class B misdemeanor charges of criminal mischief. [Source: KSL News]Shoplifter: Making a list and checking it twice?A Monroe, Louisiana, man accused of shoplifting multiple bottles of liquor at Target is facing additional charges after he reportedly threatened police. According to an arrest affidavit for Eric Daniel, 26, officers dispatched to Target were told that asset protection associates saw Daniel taking items from the alcoholic beverage aisle while an additional suspect walked the aisle ends watching for workers. Daniel and the other suspect reportedly selected several bottles of Hennessy and Crown Royal which appeared to be selected from a list Daniel was reading from. Per the report, the pair then traveled to the cosmetics aisle and took three Chi items before walking through the checkout area and past all points of sale to leave the store. An employee attempted to stop the suspect as he left, but both suspects entered a vehicle and sped away in a Chrysler van.Officers later located the van and saw the suspect leaving the home in the same clothes identified in Target security footage. Daniel was advised he was under arrest and refused to comply with officer commands, the report states. While enroute to jail, he reportedly told officers why police were being killed and that all police were going to die. Per the report, officers saw multiple online posts from Daniel stating he had Crown Royal and Hennessy to sell. Daniel was booked into OCC on charges of organized retail theft, felony shoplifting, public intimidation and resisting an officer. [Source: The NewsStar]- Sponsor – Study shows merchandise returns account for $351 billionAppriss Retail, who provide retail performance improvement solutions, today released its 2017 Consumer Returns in the Retail Industry report, which analyzes results from the National Retail Federation’s 2017 Organized Retail Crime survey to provide insights for retailers to minimize the effect of return fraud and abuse on their business. According to the survey, total merchandise returns account for more than $351 billion in lost sales for U.S. retailers. This size is overwhelming; merchandise returns are close to the estimated 2017 federal budget deficit of $400+ billion. Retail fraud and abuse accounted for $17.6 to $22.8 billion in the United States. And return fraud averages 9.4% of all Buy-Online-Return-In-Store (BORIS) ecommerce returns. “It is critical to understand how returns and return fraud reduce net sales and contribute to total loss – clear causes of retail performance issues,” said Krishnan Sastry, president of Appriss Retail. “The results within this report offer the industry’s best view of the subject of merchandise returns, as well as potential fraud and abuse.”For a complete copy of the report, please go to the Appriss website by clicking here. The extreme loss of profit is causing retailers to offset the negative business impact by raising prices and reducing costs, which often means a loss of jobs. Last year alone, return fraud cost U.S. retailers and workers between 596,000 and 775,000 jobs. And the cost to each state is steep also. Retail revenue losses are costing states a total of $1.1 billion to $1.4 billion in lost sales taxes. Preventing fraud and abuse is a major challenge, but retailers are also looking to improve the shopping experience and differentiate the consumer experience during the return process. The ability to offer e-commerce consumers more flexible and lenient returns, while still mitigating the risk of fraud and abuse is critical. [Source: Business Insider]Triple murder suspect fugitive caught while allegedly shopliftingA triple murder fugitive wanted after escaping a north Mississippi jail last month has been captured in Houston, Texas, again. Deputies caught up to him at a Walmart in Spring. Harris County Sheriff’s Office District 1 Patrol Deputy N. Gonzalez was called to the Walmart in the 3400 block of FM 1960 W, where loss prevention officers held two men suspected of shoplifting. Neither man had ID, but fingerprints proved one of the suspects was Antoine Adams, 28. Deputies quickly learned Adams was wanted for three murders and a felony escape charge. He was also listed on the Tennessee Bureau of Investigation’s Top 10 Most Wanted fugitives.Adams escaped from the Marshall County, Mississippi, detention facility on Sunday, Nov. 5, 2017, after being held there on murder charges in Mississippi, and two separate murder charges in Memphis, Tennessee. This isn’t the first time Adams has been caught in Houston. He was arrested as a fugitive on a murder warrant for those murders in July. Adams is currently being held in the Harris County jail, awaiting extradition back to Marshall County. [Source: ABC13 Eyewitness News]Winter holiday season cargo theft trendsHolidays pose significant theft risks to the supply chain, as enterprising thieves seek to exploit extended business closing hours and an increase in unattended freight. CargoNet examined recorded incidents of cargo theft and trucking vehicle theft from December 23 to January 2 for 2012 through 2016. The 2012 and 2016 holiday seasons were the most active in this analysis, each with 51 theft events. The 2016 holiday season had more events in January (11 events) compared with 2012 (7 events). There were 199 total theft events in this analysis period; 132 involved cargo theft, and 149 involved vehicle theft. Note that vehicles and cargo are frequently stolen together. For vehicles, CargoNet logged 79 stolen tractors, 104 stolen trailers, and 24 chassis/intermodal containers. In total, $10,625,339 in cargo was stolen in this analysis period, and the average loss value per incident equaled $136,222. However, the total cost of a cargo theft is often much higher when considering the value of any vehicles stolen, replacement costs for the cargo, the cost of the claims process, and more. It can be difficult to obtain an exact day of loss in these thefts. The cargo or vehicles are often left unattended for multiple days, and there may be no clues to discern the exact day the theft occurred.In this analysis, 57 percent of theft events had an exact day of loss. Thefts were most common on December 24, with December 27 and 31 and January 1 tied for second place. Texas had the most theft events, with 38 reported in the state in this analysis period. Thefts were also common in California (31 thefts), Georgia (25 thefts), Florida (16 thefts), and New Jersey (16 thefts). Food and beverage was the most common category of cargo stolen. In this category, thieves targeted meat products, nonalcoholic beverages, and mixed freight. Apparel and accessories along with electronics losses tied for second place. In these commodity categories, thieves targeted footwear shipments and televisions. Computer and computer accessories were also targeted electronics items. Apparel and accessories shipments were the costliest on average; each loss had an average loss value of $451,537. Theft events were most common at parking lots such as those at retail big-box stores; however, theft events were also high at truck stops and warehouse locations. Click here to view the complete winter holiday cargo theft infographic and security tips.Noteworthy thefts from previous winter holiday weeks:$3,000,000 in computer accessories from Dinuba, CA$1,000,000 in footwear from Edison, NJ$1,000,000 in high-end apparel from Newark, NJ$599,559 in footwear from Long Beach, CA$417,000 in footwear from Portland, OR [Source: American Journal of Transportation]UPS employee delivers package containing iPhone X, goes back to steal itA UPS employee delivered an iPhone, then went back to the home to steal the package on Thursday. “I never would have thought it would happen in my neighborhood or to me on my front porch,” said the victim, who didn’t want to be identified. According to the arrest affidavit, Jason Mohn, 47, of St. Petersburg, delivered the victim’s Apple iPhone X package to her front porch. Mohn then allegedly returned two hours later and took the package, hiding it under his shirt and running away. “I got a motion detection on the front porch notification on my phone and it was around 8 o’clock on my phone and I’m like, ‘no one is supposed to be there.’ I asked my sister to look up the video for who delivered the package and she almost dropped my phone when she saw it was the same guy, in the same clothes, except the UPS vest,” said the victim.Both the delivery and the theft were caught on two home security cameras that were on the victim’s front porch. “Apparently the guy that stole the phone wrote in his notes that he hand delivered it and handed it to me but that never happened. I really feel bad for the guy. He just messed up his life over a stupid iPhone,” said the victim. The iPhone was found the next day by a UPS investigator inside Mohn’s work area, next to his belongings. He faces a charge of grand theft, a felony. Deputies returned the iPhone to the victim. [Source: NewsChannel8] Stay UpdatedGet critical information for loss prevention professionals, security and retail management delivered right to your inbox. Sign up now