Aaron Colby's guest appearances

Aaron Colby

Restaurant Unstoppable with Eric Cacciatore

Nir Eyal

Andrew Smith

Emily Williams

Chris Hill

Jenny Blake

Michael Chernow

Ari Weinzweig

Mike Michalowicz

Jason Harris

Andrew Freeman

Horst Schulze

Michael Dorf

Rich Brooks

Howard Behar

Jeff Fenster

OwlTail

Learn more about Aaron Colby here. Key Takeaways  what complying with“The new normal” looks like. Adjusting to minimal staff and working from home.  Being mindful of the shift within your business and making sure you're documenting these changes appropriate to remain compliant.  If your employees are making 1 dollar less an hour making sure they apply for unemployment insurance.  Are your people eligible for unemployment if they're fearful of working  What the future may look like- from a lawyers perspective.  Resources mentioned in this Chronicle:  Davis Wright and Tremaine 

Learn more about Aaron Colby <a href="https://restaurantunstoppable.com/dean-small-synergyconsultants/" rel="nofollow" target="_blank">here</a>. Key Takeaways <ol> <li>what complying with“The new normal” looks like. Adjusting to minimal staff and working from home. </li> <li>Being mindful of the shift within your business and making sure you're documenting these changes appropriate to remain compliant. </li> <li>If your employees are making 1 dollar less an hour making sure they apply for unemployment insurance. </li> <li>Are your people eligible for unemployment if they're fearful of working </li> <li>What the future may look like- from a lawyers perspective.</li> </ol> Resources mentioned in this Chronicle: <ul> <li><a href="https://www.dwt.com/" rel="nofollow" target="_blank">Davis Wright and Tremaine</a></li> </ul>

Corona Chronicle #36: Complying with "The New Normal"- Aaron Colby- Los Angeles, CA

Aaron Colby is a graduate of the University of Michigan and Southwestern University of Law.  Today he’s practicing law at Davis Wright Tremaine LLP where he represents employers in single-plaintiff, multi-plaintiff, and class action disputes involving allegations of wrongful termination, discrimination, retaliation, harassment, and wage and hour issues such as overtime, meal and rest breaks, and off-the-clock work.  Aaron defends organizations on public accommodations claims under the Americans with Disabilities Act and California Unruh Act, and claims of defamation, trademark, and other business-related matters. Today we’re going to cover the "Top 20 Employee Legal Hotspots" restaurant owners and operators struggle with when it comes to compliance. Show notes… Calls to ACTION!!!  Subscribe to the Restaurant Unstoppable YouTube Channel Join the private Unstoppable Facebook Group Join the email list! (Scroll Down to get the Vendor List!)  Favorite success quote or mantra:  "Be direct and know your audience."  In today's episode with Aaron Colby we will discuss:   The 20 Employee Legal Hotspots  Hiring Decisions and Process  1. Use of Staffing Agencies and Joint Employment  Gig economy Hiring vs. contracting Unfair vs. against the law Document when an employee does something wrong so you can prove it later on   2. Independent Contractor (1099) v. Employee (W-2) Classification  The difference between independent contractors and employees - defined by the law   3. Form I-9 Compliance  You need to make sure someone is legally allowed to work in the United States Be vigilant Ask relevant questions - know what they are Get the I-9 BEFORE they start working   4. Hiring - Background Checks and Criminal History Inquiries  Highly regulated   5. Employee Arbitration and Class Action Waiver Agreements  Why do you need it? You can make it mandatory Is it a red flag if an employee doesn't want to sign it?   Wage and Hour 6.  Non-exempt (Hourly) v. Exempt (Salary) Employee Classifications  Everyone is qualified for hourly but not salary Some salary workers still require over-time   7. Local Minimum Wage and Paid Sick Leave Regulations  City, county, state laws all apply - NOT only state   8. Equal Pay  Everyone deserves the same pay for the same job Some states don't allow employers to ask applicants past payment   9. Timekeeping for Non-Exempt Employees  You MUST keep records for all work done No insurance for time-keeping in business Don't ignore it - address it   10. Travel time  You MUST be paid for it Delivery functions   11. Meal and Rest Breaks  You MUST provide the opportunity to all employees Police it vs. Provide it Not just IF you took a break but also when and for how long and was there an interruption?   12. Paystub and Payroll Practices  Federal is baseline - states individually break it down more specifically Paystub requirements   13. Commission Agreements and Bonus Plans  Overtime is much more complicated than "time and a half" Anything outside of hourly is complicated and must be understood   14. Expense Reimbursements  No federal laws - all state-by-state Driving, getting, phones, insurance - if it's required for the job you must reimburse by state law   15. Uniforms and Tools  If you require someone to wear something, you have to reimburse for it   16. and 17. Tips and Service Charges  Voluntary You must categorize them Tips are state-by-state Tips belong to the employee not the business Service charge is demanded by the business   Harassment and Conduct 18. Anti-Harassment Training and Policies  Major differences from every other work environment Some states have harassment training requirements   Leave of Absence 19. Leave of Absence  Different in restaurant industry than all other industries You need to know what rights the employee has Get a doctor's note   Termination Decisions 20. Termination Decisions  All the categories where you're unable to fire someone EVERYONE can be protected by discrimination laws Separation agreements Have policies in place before firing someone for a made-up policy      Today's sponsor: BentoBox empowers restaurants to own their presence, profits and relationships. The hospitality platform disrupts third-party services that come between the restaurant and the guest. BentoBox puts the restaurant first and offers tools that drive high-margin revenue directly through the restaurant’s website. BentoBox is trusted and loved by over 5,000 restaurants worldwide including Union Square Hospitality Group, Eleven Madison Park, Gramercy Tavern, Lilia and more.  Restaurant365 is a cloud-based, all-in-one, restaurant-specific accounting and back-office platform that seamlessly integrates with POS systems, payroll providers, food and beverage vendors. It generates accurate real-time reporting and analysis in user-friendly dashboards, facilitating immediate, data-driven decision making. Restaurant365 eliminates manual, error-prone processes and is designed to help restaurant businesses grow with functionality that helps optimize labor costs, reduce food costs and increase revenue.  P&amp;G ProfessionalTM offers innovative total foodservice solutions featuring trusted brands such as Dawn® Professional, Cascade® Professional, Spic and Span® and Comet®. We are unique in that our total solutions are founded in customer and patron understanding, superior products that help save time and cut overall costs, and a five-star service group that is compensated based on customer satisfaction, not commissions. Visit www.pgpro.com for the latest information about P&amp;G Professional's solutions and services.    Contact info: Aaron Colby @ Davis Wright Tremaine LLP website Thanks for listening! Thanks so much for joining today! Have some feedback you’d like to share? Leave a note in the comment section below! If you enjoyed this episode, please share it using the social media buttons you see at the top of the post. Also, please leave an honest review for the Restaurant Unstoppable Podcast on iTunes! Ratings and reviews are extremely helpful and greatly appreciated! They do matter in the rankings of the show, and I read each and every one of them. And finally, don’t forget to subscribe to the show on iTunes to get automatic updates. Huge thanks to Aaron Colby for joining me for another awesome episode. Until next time!   Restaurant Unstoppable is a free podcast. One of the ways I'm able to make it free is by earning a commission when sharing certain products with you. I've made it a core value to only share tools, resources, and services my guest mentors have recommend, first. If you're finding value in my podcast, please use my links!

Aaron Colby is a graduate of the University of Michigan and Southwestern University of Law.  Today he’s practicing law at <a href="https://www.dwt.com" rel="nofollow" target="_blank">Davis Wright Tremaine LLP</a> where he represents employers in single-plaintiff, multi-plaintiff, and class action disputes involving allegations of wrongful termination, discrimination, retaliation, harassment, and wage and hour issues such as overtime, meal and rest breaks, and off-the-clock work.  Aaron defends organizations on public accommodations claims under the Americans with Disabilities Act and California Unruh Act, and claims of defamation, trademark, and other business-related matters. Today we’re going to cover the "Top 20 Employee Legal Hotspots" restaurant owners and operators struggle with when it comes to compliance. Show notes… Calls to ACTION!!! <ul> <li>Subscribe to the <a href="https://www.youtube.com/channel/UCJSERtxnAE3V7T9PQ19w_Og" rel="nofollow" target="_blank">Restaurant Unstoppable YouTube Channel</a></li> <li>Join the private <a href="https://www.facebook.com/groups/493649961457862/" rel="nofollow" target="_blank">Unstoppable Facebook Group</a></li> <li>Join the email list! (Scroll Down to get the Vendor List!)</li> </ul> Favorite success quote or mantra: <ul> <li>"Be direct and know your audience."</li> </ul> In today's episode with Aaron Colby we will discuss: <ul> <li> The 20 Employee Legal Hotspots <ul> <li>Hiring Decisions and Process </li> <li>1. Use of Staffing Agencies and Joint Employment <ul> <li>Gig economy</li> <li>Hiring vs. contracting</li> <li>Unfair vs. against the law</li> <li>Document when an employee does something wrong so you can prove it later on</li> </ul> </li> <li>2. Independent Contractor (1099) v. Employee (W-2) Classification <ul> <li>The difference between independent contractors and employees - defined by the law</li> </ul> </li> <li>3. Form I-9 Compliance <ul> <li>You need to make sure someone is legally allowed to work in the United States</li> <li>Be vigilant</li> <li>Ask relevant questions - know what they are</li> <li>Get the I-9 BEFORE they start working</li> </ul> </li> <li>4. Hiring - Background Checks and Criminal History Inquiries <ul> <li>Highly regulated</li> </ul> </li> <li>5. Employee Arbitration and Class Action Waiver Agreements <ul> <li>Why do you need it?</li> <li>You can make it mandatory</li> <li>Is it a red flag if an employee doesn't want to sign it?</li> </ul> </li> <li>Wage and Hour</li> <li>6.  Non-exempt (Hourly) v. Exempt (Salary) Employee Classifications <ul> <li>Everyone is qualified for hourly but not salary</li> <li>Some salary workers still require over-time</li> </ul> </li> <li>7. Local Minimum Wage and Paid Sick Leave Regulations <ul> <li>City, county, state laws all apply - NOT only state</li> </ul> </li> <li>8. Equal Pay <ul> <li>Everyone deserves the same pay for the same job</li> <li>Some states don't allow employers to ask applicants past payment</li> </ul> </li> <li>9. Timekeeping for Non-Exempt Employees <ul> <li>You MUST keep records for all work done</li> <li>No insurance for time-keeping in business</li> <li>Don't ignore it - address it</li> </ul> </li> <li>10. Travel time <ul> <li>You MUST be paid for it</li> <li>Delivery functions</li> </ul> </li> <li>11. Meal and Rest Breaks <ul> <li>You MUST provide the opportunity to all employees</li> <li>Police it vs. Provide it</li> <li>Not just IF you took a break but also when and for how long and was there an interruption?</li> </ul> </li> <li>12. Paystub and Payroll Practices <ul> <li>Federal is baseline - states individually break it down more specifically</li> <li>Paystub requirements</li> </ul> </li> <li>13. Commission Agreements and Bonus Plans <ul> <li>Overtime is much more complicated than "time and a half"</li> <li>Anything outside of hourly is complicated and must be understood</li> </ul> </li> <li>14. Expense Reimbursements <ul> <li>No federal laws - all state-by-state</li> <li>Driving, getting, phones, insurance - if it's required for the job you must reimburse by state law</li> </ul> </li> <li>15. Uniforms and Tools <ul> <li>If you require someone to wear something, you have to reimburse for it</li> </ul> </li> <li>16. and 17. Tips and Service Charges <ul> <li>Voluntary</li> <li>You must categorize them</li> <li>Tips are state-by-state</li> <li>Tips belong to the employee not the business</li> <li>Service charge is demanded by the business</li> </ul> </li> <li>Harassment and Conduct</li> <li>18. Anti-Harassment Training and Policies <ul> <li>Major differences from every other work environment</li> <li>Some states have harassment training requirements</li> </ul> </li> <li>Leave of Absence</li> <li>19. Leave of Absence <ul> <li>Different in restaurant industry than all other industries</li> <li>You need to know what rights the employee has</li> <li>Get a doctor's note</li> </ul> </li> <li>Termination Decisions</li> <li>20. Termination Decisions <ul> <li>All the categories where you're unable to fire someone</li> <li>EVERYONE can be protected by discrimination laws</li> <li>Separation agreements</li> <li>Have policies in place before firing someone for a made-up policy</li> </ul> </li> </ul> </li> </ul> Today's sponsor: <a href="https://getbento.com/unstoppable/" rel="nofollow" target="_blank">BentoBox</a> empowers restaurants to own their presence, profits and relationships. The hospitality platform disrupts third-party services that come between the restaurant and the guest. BentoBox puts the restaurant first and offers tools that drive high-margin revenue directly through the restaurant’s website. BentoBox is trusted and loved by over 5,000 restaurants worldwide including Union Square Hospitality Group, Eleven Madison Park, Gramercy Tavern, Lilia and more. <a href="http://www.restaurant365.com/unstoppable" rel="nofollow" target="_blank">Restaurant365</a> is a cloud-based, all-in-one, restaurant-specific accounting and back-office platform that seamlessly integrates with POS systems, payroll providers, food and beverage vendors. It generates accurate real-time reporting and analysis in user-friendly dashboards, facilitating immediate, data-driven decision making. Restaurant365 eliminates manual, error-prone processes and is designed to help restaurant businesses grow with functionality that helps optimize labor costs, reduce food costs and increase revenue. <a href="http://www.restaurant365.com/unstoppable" rel="nofollow" target="_blank"></a> <a href="http://bit.ly/3bQkWnf" rel="nofollow" target="_blank">P&amp;G ProfessionalTM</a> offers innovative total foodservice solutions featuring trusted brands such as Dawn® Professional, Cascade® Professional, Spic and Span® and Comet®. We are unique in that our total solutions are founded in customer and patron understanding, superior products that help save time and cut overall costs, and a five-star service group that is compensated based on customer satisfaction, not commissions. Visit <a href="http://www.pgpro.com" rel="nofollow" target="_blank">www.pgpro.com</a> for the latest information about P&amp;G Professional's solutions and services. <a href="http://bit.ly/3bQkWnf" rel="nofollow" target="_blank"></a>   Contact info: <a href="https://www.dwt.com/people/c/colby-aaron-n" rel="nofollow" target="_blank">Aaron Colby @ Davis Wright Tremaine LLP website</a> Thanks for listening! Thanks so much for joining today! Have some feedback you’d like to share? Leave a note in the comment section below! If you enjoyed this episode, please share it using the social media buttons you see at the top of the post. Also, <a href="https://itunes.apple.com/us/podcast/restaurant-unstoppable-eric/id834368356?mt=2" rel="nofollow" target="_blank">please leave an honest review for the Restaurant Unstoppable Podcast on iTunes</a>! Ratings and reviews are extremely helpful and greatly appreciated! They do matter in the rankings of the show, and I read each and every one of them. And finally, don’t forget to subscribe to the show on <a href="https://itunes.apple.com/us/podcast/restaurant-unstoppable-eric/id834368356?mt=2" rel="nofollow" target="_blank">iTunes </a>to get automatic updates. Huge thanks to Aaron Colby for joining me for another awesome episode. Until next time!   Restaurant Unstoppable is a free podcast. One of the ways I'm able to make it free is by earning a commission when sharing certain products with you. I've made it a core value to only share tools, resources, and services my guest mentors have recommend, first. If you're finding value in my podcast, please use my links!

702: Aaron Colby on The Top 20 Employee Legal Hotspots

Find out more about Aaron Colby here. Key takeaways  Employee attorneys and what we need now What are restaurant lawyers dealing with now? The differences between laid-off, unpaid leave (furloughed), unemployment What is the WARN act? Restaurants want to retain their staff but these are hard decisions to make You can run into problems based on who you decide to furlough vs. lay off Reduced compensation - cannot go below the minimum wage Sick-leave due to COVID-19  Resources mentioned in this Chronicle:  Learn about the WARN Act here 

Find out more about Aaron Colby <a href="https://www.dwt.com/people/c/colby-aaron-n" rel="nofollow" target="_blank">here</a>. Key takeaways <ol> <li>Employee attorneys and what we need now</li> <li>What are restaurant lawyers dealing with now?</li> <li>The differences between laid-off, unpaid leave (furloughed), unemployment</li> <li>What is the WARN act?</li> <li>Restaurants want to retain their staff but these are hard decisions to make</li> <li>You can run into problems based on who you decide to furlough vs. lay off</li> <li>Reduced compensation - cannot go below the minimum wage</li> <li>Sick-leave due to COVID-19</li> </ol> Resources mentioned in this Chronicle: <ul> <li>Learn about the WARN Act <a href="https://www.dol.gov/agencies/eta/layoffs/warn" rel="nofollow" target="_blank">here</a></li> </ul>

Corona Chronicle #7: The difference between unpaid leave, furloughed, laid-off, reduced-compensation /What are employee rights?- Aaron Colby- Los Angeles, CA