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…

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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

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Contact info:

Aaron Colby @ Davis Wright Tremaine LLP website

Thanks for listening!

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Huge thanks to Aaron Colby for joining me for another awesome episode. Until next time!

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702: Aaron Colby on The Top 20 Employee Legal Hotspots

Restaurant Unstoppable with Eric Cacciatore

702: Aaron Colby on The Top 20 Employee Legal Hotspots