February 8, 2018

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Today in Movie Culture: Marvel's 10th Anniversary Class Photo Shoot, 'Deadpool 2' Easter Eggs and More

Here are a bunch of little bites to satisfy your hunger for movie culture:

Commemorative Gathering of the Day:

Marvel shared a video of its MCU 10th anniversary “class photo” shoot from last fall featuring 79 actors and filmmakers from the franchise:

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Easter Eggs of the Day:

You’ve already watched the new Deadpool 2 trailer a hundred times, now watch Mr. Sunday Movies’ humorous highlight of its Easter eggs and other details:

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Mashup of the Day:

Proving how generic the new Venom trailer is, Nelson Carvajal mashed it with the Tom Hardy crime drama The Drop and it fits pretty well (via Free Cinema Now):

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Movie Comparison of the Day:

Speaking of familiar-looking superhero movies, Couch Tomato shows 24 reasons why My Super Ex-Girlfriend is basically a rehash of Meteor Man:

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Vintage Image of the Day:

Jack Lemmon, who was born on this day in 1925, rehearses a scene with director Billy Wilder on the set of Some Like It Hot in 1958:

Filmmaker in Focus:

For Fandor, Luis Azevedo compiles the sounds of the films of Guillermo del Toro:

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Musical Performance of the Day:

Watch 12-year-old Coco star Anthony Gonzalez perform “Un Poco Loco” from the Pixar movie on a wacky talk show (via io9):

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Cosplay of the Day:

This cosplayer is great whether he’s dressed up as Pennywise from It or Doctor Strange or some sort of scary genie:

Day7: Next cosplayer for #28daysofpoccosplay #28daysofblackcosplay is
Cosplayer: @brandontheshapeshifter
Haven’t heard or seen this cosplayer untill my first encounter with his penny wise cosplay last year at Dragoncon. pic.twitter.com/QPDWBaJdzg

— LilhevnCosplay (@lilhevncosplay) February 7, 2018

Video Essay of the Day:

One of the most underrated movies of last year gets a video essay as Renegade Cut looks at the meaning of Mother!:

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Classic Movie Clip of the Day:

Today is the 50th anniversary of the release of the original Planet of the Apes. Watch one of the most iconic scenes with one of the most famous lines from the movie below.

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and

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Maine Dairy Drivers Settle Overtime Case That Hinged On An Absent Comma

Here’s a story that might convince you that paying attention to your grammar lessons might one day put money in your pocket.

Thanks to the absence of the comma in the wording of a state law laying out what activities qualify a worker for overtime pay, more than 120 drivers for the Oakhurst Dairy in Portland, Maine, are eligible to share a $5 million legal settlement announced today.

The case started in 2014 when several drivers for the milk and cream company filed a lawsuit claiming that they never received overtime pay for which they were eligible.

A federal court in Maine ruled that the drivers were not entitled to overtime pay because the pertinent state law exempted those who perform these duties:

“The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: (1) Agricultural produce; (2) Meat and fish products; and (3) Perishable foods.”

As my colleague Colin Dwyer explained last year:

“The trouble rests with ‘or.’ The presence of that tiny conjunction without a comma as a companion makes for some muddled meanings: Is ‘packing for shipment or distribution’ exempt from overtime regulations? Or are both ‘packing for shipment’ and ‘distribution’ exempt?

“These aren’t idle questions for the five delivery drivers who sued Oakhurst, because as Quartz notes, “the drivers do distribute, but do not pack, the perishable food.” In other words, one interpretation of the law’s list would make the drivers eligible for overtime pay; the other would mean they won’t get those extra dollars for extra time on the job.”

A three-judge appeals panel heard the case. Judge David Barron, of the 1st Circuit, opened his 29-page ruling saying, “For want of a comma, we have this case.” As the Portland Press-Herald puts it:

“Barron said the lack of a comma between “shipment” and “or distribution of” meant both phrases referred back to “packing” and, because the drivers deliver the products, but don’t pack them, they weren’t covered by the Maine exemption to overtime pay.”

A sentence that said “packing for shipment, or distribution of” might have made it clear that employees don’t have to be paid overtime if they either pack the food items or distribute them.

Barron concluded that the lack of a comma made the legal language ambiguous — and that the ambiguity “must be construed liberally.” So the judges were unanimous in taking the side of the drivers, and reversed the lower court ruling.

That ruling sent the case back to a lower court, resulting in a settlement that awards $50,000 each to the five drivers who brought the lawsuit.

“Other drivers will have to file claims to get a share of the fund and will be paid a minimum of $100 or the amount of overtime pay they were owed, based on their work records from May 2008 until August 2012,” the Press-Herald reports.

The paper says that about 127 drivers overall are covered by the settlement.

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Panel Dismisses 47 Russians' Appeal To Be Allowed Into Winter Olympics

The Court of Arbitration for Sport has affirmed a decision that 47 Russian athletes and coaches should not be allowed to participate in the Winter Olympics, weighing in on the matter with just hours to go before Pyeongchang holds its opening ceremony for nearly 3,000 athletes from around the world.

The group of 47 who were turned away includes Victor Ahn, a short track speed skater who has won multiple gold medals in previous Olympics, including in Sochi.

The decision leaves intact the total of 168 Russian athletes who were allowed to come to Pyeongchang to compete, after they passed additional scrutiny. That contingent sough an invitation to South Korea after the International Olympic Committee imposed a ban on Russia’s national governing body in December.

In their decision, a three-person CAS panel (made up of a Canadian, a Swiss and an Australian) said that the process that was used to select Russia’s contingent in South Korea — who will compete under the title “Olympic Athlete from Russia” and will not wear their country’s flag or colors — had not been proven to be “discriminatory, arbitrary or unfair,” and that the ban should remain in place.

The 47 athletes and coaches involved in the latest appeal had asked to be invited to the 2018 Games despite being left off the list of invitees who were cleared by a review panel. The review was the only path to the Olympics for these athletes, after the IOC laid down its punishment for a systematic scheme of doping and cover-ups that was uncovered as part of an investigation into Russian athletes who participated in the Sochi Games of 2014.

Earlier this week, the IOC also refused a request from 13 Russian athletes and two coaches to participate in the PyeongChang Games – despite the group having their lifetime bans for doping overturned by the Swiss-based CAS.

The decision comes one day after the CAS panel said it lacked jurisdiction to hear the appeals of six Russian athletes and seven members of the athletes’ entourages, who had also sought to have their bans overturned.

In addition to Ahn, here’s the complete list of the Russian athletes and coaches involved in Friday’s decision:

Vladimir Grigorev; Anton Shipulin; Evgeniy Garanichev; Ruslan Murashov; Ekaterina Shikhova; Sergei Ustyugov; Ksenia Stolbova; Ekaterina Urlova-Percht; Maksim Tcvetkov; Irina Uslugina; Yulia Shokshueva; Daria Virolainen; Dmitri Popov; Roman Koshelev; Mikhail Naumenkov; Alexei Bereglasov; Valeri Nichushkin; Anton Belov; Sergei Plotnikov; Evgeniya Zakharova; Ruslan Zakharov; Anna Iurakova; Alexey Esin; Yulia Skokova; Elizaveta Kazelina; Sergey Gryaztsov; Ivan Bukin; Denis Arapetyan; Artem Kozlov; Gleb Retivikh; Alexey Volkov; Alexander Legkov; Maxim Vylegzhanin; Evgeniy Belov; Alexander Bessmertnykh; Evgenia Shapovalova; Natalia Matveeva; Aleksandr Tretiakov; Elena Nikitina; Maria Orlova; Olga Fatkulina; Alexander Rumyantsev; Artem Kuznetcov; Tatyana Ivanova; Albert Demchenko; Sergei Chudinov.

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Senate Budget Deal Would Give A Boost To Health Programs

“This bill represents a significant bipartisan step forward,” Senate Majority Leader Mitch McConnell said Wednesday.

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In a rare show of congressional cooperation, Republican and Democratic leaders in the Senate announced a two-year budget deal Wednesday that would increase federal spending for defense as well as key domestic priorities, including many health programs.

Not in the deal, for which the path to the president’s desk remains unclear, is any bipartisan legislation aimed at shoring up the Affordable Care Act’s individual health insurance marketplaces. Senate Majority Leader Mitch McConnell, R-Ky., promised Sen. Susan Collins, R-Maine, a vote on health legislation in exchange for her vote for the GOP tax bill in December. So far, that vote hasn’t materialized.

The deal does appear to include almost every other health priority Democrats have been pushing the past several months, including two years of renewed funding for community health centers and a series of other health programs Congress failed to provide for before they technically expired last year.

“I believe we have reached a budget deal that neither side loves but both sides can be proud of,” said Senate Minority Leader Chuck Schumer, D-N.Y., on the Senate floor. “That’s compromise. That’s governing.”

McConnell said, “This bill represents a significant bipartisan step forward.”

Senate leaders are still negotiating details of the accord, including the size of a cut to the Prevention and Public Health Fund, which would help offset the costs of this legislation.

According to documents circulating on Capitol Hill, the deal includes $6 billion in funding for treatment of mental health issues and opioid addiction, $2 billion in extra funding for the National Institutes of Health, and an additional four-year extension of the Children’s Health Insurance Program, which builds on the six years approved by Congress last month.

In the Medicare program, the deal would accelerate the closing of the “doughnut hole” in Medicare drug coverage that requires seniors to pay thousands of dollars out-of-pocket before catastrophic coverage kicks in. It would also repeal the controversial Medicare Independent Payment Advisory Board, which is charged with holding down Medicare spending for the federal government if it exceeds a certain level.

Members have never been appointed to the IPAB, however, and its use hasn’t so far been triggered by Medicare spending. Both the closure of the doughnut hole and creation of the IPAB were part of the Affordable Care Act.

The agreement would also fund a host of more limited health programs — some of which are known as “extenders” because they often ride along with other, larger health or spending bills.

Those programs include more than $7 billion in funding for the nation’s federally funded community health centers. The clinics serve 27 million low-income people and saw their funding lapse last fall — a delay advocates say had already complicated budgeting and staffing decisions for many clinics.

And in a victory for the physical therapy industry and patient advocates, the accord would permanently repeal a limit on Medicare’s coverage of physical therapy, speech-language pathology and outpatient treatment. Previously, the program capped coverage after $2,010 worth of occupational therapy and another $2,010 for speech-language therapy and physical therapy combined. But Congress had long taken action to delay those caps or provide exemptions — meaning they had never actually taken effect.

According to an analysis by the nonpartisan Congressional Budget Office, permanently repealing the caps would cost about $6.47 billion over the next decade.

Lawmakers would also forestall cuts mandated by the ACA to reduce the payments made to what are called Disproportionate Share Hospitals, which serve high rates of low-income patients. Those cuts have been delayed continuously since the law’s 2010 passage.

Limited programs are also affected. The deal would fund for five years the Maternal, Infant and Early Childhood Home Visiting Program, a program that helps guide low-income, at-risk mothers in parenting. It served about 160,000 families in fiscal year 2016.

“We are relieved that there is a deal for a 5-year reauthorization of MIECHV,” says Lori Freeman, CEO of advocacy group the Association of Maternal & Child Health Programs, in an emailed statement. “States, home visitors and families have been in limbo for the past several months, and this news will bring the stability they need to continue this successful program.”

And the budget deal funds programs that encourage doctors to practice in medically underserved areas, providing just under $500 million over the next two years for the National Health Service Corps and another $363 million over two years to the Teaching Health Center Graduate Medical Education program, which places medical residents in Community Health Centers.

Kaiser Health News correspondent Emmarie Huetteman contributed to this report.

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