The Trump administration has made no bones about its crackdown on illegal immigration. Earlier this year, Immigration and Customs Enforcement (ICE) agents swept into ninety-eight 7-Eleven stores across the country and demanded proof of employees’ eligibility to work in the United States. The sweep was part of the administration’s efforts to curb illegal immigration by targeting employers, and the message was clear: “Businesses that hire illegal workers are a pull factor for illegal immigration, and we are working hard to remove this magnet,” said Thomas D. Homan, Acting Director of ICE. “If you are found to be breaking the law, you will be held accountable.”Read More
Turns out, sexual harassment isn’t the only type of sex-based complaint employers are facing. LGBT-related workplace complaints are on the rise, but unlike with sexual harassment, the law isn’t nearly as clear. In fact, it varies extensively across state and federal courts, leaving many employers at a loss to understand their legal obligations. Let’s take a look at what restaurant owners need to know about sex-based discrimination in the workplace – what conduct is illegal and where.Read More
On this episode of The Barron Report, brought to you by Kabbage, Paul speaks to Lawyer A.J. Yolofsky about what operators need to concern themselves with before starting their own restaurant concept. Yolofsky Law manages these types of start-ups often and has seen their fair share of poorly executed legal documents.
"Do you want a piece of paper or do you want peace of mind?" says A.J. "I recently had a client come to me and they're looking at acquiring another restaurant location and the other location said 'Oh, we've got all our documents. We're completely legal setup, everything.' And they very proudly brought out this corporate kit binder that they ordered online."
Needless to say, that story doesn't end well. Listen to this episode and follow along with the show notes below to learn how you can avoid major snafus like this one with just a few important steps. And if you find yourself needing some help funding your concept, turn to our friends over at Kabbage. They can help you prep your business and manage those new business expenses.Read More
In a landmark ruling Thursday, U.S. Magistrate Judge Jacqueline Scott Corley in San Francisco concluded that a gig-economy driver does not qualify for the protection of employees under California law.
The decision is the first of its kind, setting a standard for arguments regarding “gig-economy” workers.
The gig-economy has gotten much press as of late. With a number of businesses like Grubhub and Uber working off the model of pairing customers with products and services through apps, many workers have found a new form of income allowing high flexibility in exchange for low skill, low wage, episodic jobs.
However, the case against GrubHub, brought on by Raef Lawson, claimed the company violated California labor laws by not reimbursing his expenses, paying him less than minimum wage and failing to pay overtime. His argument was based on the idea that Grubhub exerts a certain level of control over. The company expects drivers to be available to accept assignments during shifts they sign up for and to remain in designated geographical areas.
Lawson worked as a food-delivery driver with the company for less than six months while pursuing a career as an actor and writer.
At a hearing in October, Judge Corley expressed concern that Lawson’s resume filed with the lawsuit may have tainted the trial because the actor lied about completing a three-year program. The specifics of the program weren’t provided. However, Corley said Lawson was “dishonest” and that the resume “is really problematic to me.”
Charlotte Garden, an associate law professor at Seattle University, said to Bloomberg that Corley’s decision is a “doubly big” win for GrubHub since California’s relatively high standard for establishing workers as independent contractors will mean similar arguments in other states will most likely side with this ruling.Read More