|[January 27, 2014]
Statement by Lanny J. Davis, Attorney for BYD, on California Labor Commissioner's Dismissal of Prior Citations of Alleged Payments Below California's Minimum Wage
LOS ANGELES --(Business Wire)--
It is my understanding that BYD welcomes the decision by the California
Labor Commissioner to dismiss as unmerited citations alleging that BYD
paid below California's minimum wage to five professionals from China
who temporarily worked for BYD in the latter half of 2013.
BYD produced substantial documents to the Commissioner's office proving
that BYD paid these professionals the equivalent of above the state
minimum wage of $8.00 hour. BYD documents prove that these professionals
were in fact paid $12-$16 / hour. Therefore, the Commissioner's office
has today agreed to dismiss the minimum wage assessment based on the
alleged under-minimum-wage payments. All five of these professionals
were no longer working for BYD in California by the end of 2013.
However, the Labor Commissioner's position is that BYD should have paid
these five employees in U.S. dollars, not in their home currency (RMBs).
While BYD disagrees with this position as a matter of law, in the spirit
of resolving this matter, BYD has agreed to pay $1,900 for this alleged
error. This means that the hearing on the minimum wage issue on calendar
for tomorrow, Tuesday, January 28, will no longer be necessary. BYD
appreciates the cooperation and communication that led to this
However the hearing will continue regarding two other alleged technical
violations that BYD denies -- the alleged omission of two out of nine
categories of information on check stubs of all employees; and the
alleged denial of rest breaks for 8 employees who were permitted to
choose to take one twenty-minute rest break, rather than requiring a
split of this break into two ten-minute breaks against the employees'
I am proud that this Warren Buffett backed company has already created
50 American jobs with 100 more planned next year.
ABOUT LANNY J. DAVIS
Lanny J. Davis, the principal in the Washington law firm of Lanny J.
Davis & Associates, which specializes in legal crisis management, served
as President Clinton's special counsel (1996-98) and as a member of
President George W. Bush's Privacy and Civil Liberties Oversight Board
(2006-07). Davis is a lawyer, crisis manager, consultant, author, and
television commentator who counsels individuals, corporations, and
others under scrutiny on crisis management and legal issues with
developing legal, media and governmental strategies that are designed to
best produce successful results for his clients. In 2005 President
George W. Bush appointed Lanny to serve on the five-member Privacy and
Civil Liberties Oversight Board, created by the U.S. Congress as part of
the 2005 Intelligence Reform Act. In that capacity, he received the
highest level security clearances so that he could be fully briefed and
"read in" to the various anti-terrorist surveillance and financial
tracking programs at the highest classified level. He has been a regular
television commentator and has been a political and legal analyst for
MSNBC, CNN, CNBC and network TV news programs and has published numerous
op-ed/analysis pieces in the New York Times, the Wall Street Journal,
the Washington Post and other national publications. He is currently a
contributor to Fox News, and has a "Purple Nation" column that appears
regularly in The Hill, The Huffington Post (News - Alert), FoxNews.com, The Daily
Caller, and Newsmax. He is the author of the book "Crisis Tales - Five
Rules for Handling Scandal in Business, Politics and Life" published by
Simon & Schuster. He can be followed on Twitter (News - Alert) @LannyDavis. His website
BYD is a publicly-traded company with no Chinese government ownership.
In fact, U.S. investors own over 60% of the public stock, with Warren
Buffet's Berkshire Hathaway owning 9.9% of that amount. Mr. Buffett and
his colleagues recognize BYD's breakthrough battery and EV technologies:
an electrified, 24-hour, and long-range battery that provides
emission-free, silent, and economic public and private transportation.
As the world's largest manufacturer of rechargeable batteries, BYD's
mission is to create safer and more environmentally-friendly battery
technologies, and this has produced the BYD Iron Phosphate Battery. This
fire-safe, completely recyclable, and incredibly long-cycle technology
has become the foundation of BYD's clean energy platforms.
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