[NEW EPISODE] NYC MANDATES & EMPLOYMENT

Friday at noon I’m excited to welcome back to the show employment lawyer & fellow talkradio.nyc show host Eric Sarver

Employers & business owners have a slew of new regulation to deal with in NYC, and between his Midtown practice plus his show - Employment Law Today - Eric has been front & center for it all

I’m really looking forward to his advice!

‍

Tune in for this energetic conversation at TalkRadio.nyc or watch the Facebook Livestream by Clicking Here.

Show Notes

Segment 1

Jeremiah kicks off the last show of the year by introducing his guest and fellow Talk Radio host, Eric Sarver. Eric is a business law attorney and has his own firm where he represents and counsels small and mid-sized companies, startups, and business owners, in matters of business law, employment law, and contracts. Jeremiah jumps right into the conversation updating the audience on current vaccine mandates for NYC. By December 27th expect a reinforcement for mask and vaccine card mandates if you are planning on any indoor activity. Jeremiah and Eric discussed the headaches private owners have been put through during the pandemic. The lack of time employers have had to train and oversee employees on the new mandates regarding the vaccination status has been one of the biggest problems.

Segment 2 

Jeremiah and Eric discuss the need for labor assistance for private businesses who are overstaffed due to the high demand of customers. Eric says though it is not likely business would receive much assistance, businesses can expect possible tax credits. Jeremiah segways the conversation to health inspections. Jeremiah’s restaurant was inspected the night prior. Eric suggests business owners learn the laws and regulations applicable to their industry and set up policies that facilitate communicating these policies and monitoring employees sticking to them.

Segment 3

Jeremiah and Eric discuss the highlights Eric has seen in the workplace in NY state. Laws have been changing around paid leave. Eric suggests refreshing your knowledge on employment laws because it’s important to know and can prevent any legal battles. Another battle private businesses, restaurants in particular, could be struggling with is employees resisting vaccinations. Being open to communication and creating policies can help keep your business running smoothly. Eric also suggests keeping records of notes and documentation can also save you a lot of headaches.

Segment 4

In the last segment of the year, Jeremiah gives advice for small business owners. Having clear policies delivered in a systematic way makes employees and employers more open to feedback. Jeremiah talks about the responsibilities that are expected of a small business owner and how it is helpful to hire experts in areas you are weak in. Before the end of the segment, Eric tells the audience ways to reach him. You can find Eric Sarver through google. His linked in profile along with his website should be a top result.

Transcript

00:02:55.680 --> 00:03:06.300 Jeremiah Fox: Welcome back everybody happy Friday you're listening to the entrepreneurial web i'm your host Jeremiah fox today we got a lot to unpack so we're going to hop right into it and welcoming back this week to this show.

00:03:06.720 --> 00:03:20.730 Jeremiah Fox: Fellow talking alternative broadcasting hosts he's the host of employment law today, he also has a practice in midtown he is an employment lawyer Eric sarver welcome back to the show always a pleasure, sir.

00:03:21.660 --> 00:03:29.460 Eric Sarver, Esq.: Thank you Jeremiah it's great to be here with you and great to be back, I think you know, I was here on your show, I think, in August of 2020 right.

00:03:30.570 --> 00:03:31.230 Eric Sarver, Esq.: and

00:03:31.290 --> 00:03:36.570 Eric Sarver, Esq.: I gotta say like in the employment law around not much happening, since then, nothing going on really a.

00:03:37.380 --> 00:03:37.890 Jeremiah Fox: lot of it.

00:03:37.920 --> 00:03:41.130 Jeremiah Fox: Not a bit, so I usually I usually.

00:03:41.190 --> 00:03:51.720 Jeremiah Fox: offer a message of the week, but since we're going to be talking about mandates and you know, certainly with all my millions of followers have listeners from outside of New York City Erica.

00:03:52.200 --> 00:03:59.640 Jeremiah Fox: I just want to list, instead of the message this like what has changed in New York City in particular just.

00:04:00.450 --> 00:04:10.170 Jeremiah Fox: This week and what's coming up, so the first change was starting December 14 I children ages five to 11 now have to show proof of vaccination to one shot.

00:04:10.680 --> 00:04:23.040 Jeremiah Fox: If they want to dine indoors if they want to go to an indoor gym or any other kind of entertainment that's indoors if you're going to a movie theater you're going to see kids comedy show I don't know what kids do these days I don't take my kids were.

00:04:24.360 --> 00:04:41.520 Jeremiah Fox: All of that so five to 11 now roped into what was previously in existence for for 12 and I now what suggested for 12 and up is by December 27 you have to show proof of two doses of whatever vaccine unless it was the J and J, if you want to dine indoors.

00:04:41.580 --> 00:04:50.160 Jeremiah Fox: Yes, if you want to work out indoors and, if you want to do any kind of indoor entertainment and newly added to this.

00:04:50.640 --> 00:05:04.530 Jeremiah Fox: rollout was the private sector, I think something like 180 5000 businesses are affected, where the employees have to show proof of vaccination to work so before it was simply relegated to restaurants.

00:05:05.700 --> 00:05:14.400 Jeremiah Fox: gems and entertainment venues so retail wasn't affected so grocery stores, that which was kind of silly right, if you think about it.

00:05:14.820 --> 00:05:27.330 Jeremiah Fox: Like these massive grocery stores, none of the employees or customers had to show proof of vaccination and there were you know mass mandates were essentially lifted and they were working on the honor system, to quote.

00:05:28.320 --> 00:05:35.850 Jeremiah Fox: Andrew Cuomo it just use the honor system, you could ask if they have if they've been vaccinated and if they say yes they're like okay carry on, you have to wear a mask.

00:05:36.090 --> 00:05:39.480 Jeremiah Fox: Some of these stores, you can pack like hundreds of people in, and now you know.

00:05:39.810 --> 00:05:50.460 Jeremiah Fox: shop grocery shopping is not always that quick if you're shopping for a family, sometimes you might be in there for a couple hours, so that part was kind of ignored were like these, you know these 25 seat restaurants throughout New York City.

00:05:50.880 --> 00:05:55.680 Jeremiah Fox: got the the thumb press on and again I was a little, but that was a little funny so now.

00:05:56.040 --> 00:05:58.110 Jeremiah Fox: Finally, they've roped in all these other businesses.

00:05:58.770 --> 00:06:10.170 Jeremiah Fox: And they haven't told the 27th as well to show proof of vaccination and just updated this week because of an increase in cases arm all all indoor.

00:06:11.250 --> 00:06:23.520 Jeremiah Fox: Anything has to you, you will be asked to show for vaccination, if you do not want to wear a mask so you want to go into the Deli you don't want to wear a mask that show proof vaccination just to come in and pick up like a bottle water.

00:06:24.540 --> 00:06:31.860 Eric Sarver, Esq.: very correctly yeah you got all the basics down pat like barely in your mind how I think now it's changing the vaccine mandates, how is that evolving.

00:06:32.910 --> 00:06:40.860 Eric Sarver, Esq.: I would say it's interesting you raise a point i've seen or heard from my clients, like the business owners who are employment, employment aspect to a restaurant tiers and.

00:06:41.220 --> 00:06:51.720 Eric Sarver, Esq.: They often been this complained about well why do we need these different mandates and mass mandates are proof of vaccination like if it goes like this it's not it's like and it's been actually.

00:06:52.020 --> 00:06:56.730 Eric Sarver, Esq.: You know the the argument I heard advanced are twofold one was that groceries.

00:06:57.030 --> 00:07:04.140 Eric Sarver, Esq.: more of a mandatory thing that you need to go out and get enough to buy food or diapers for your family that you know quote unquote have to eat out in a restaurant.

00:07:04.350 --> 00:07:15.600 Eric Sarver, Esq.: Which doesn't really when you think about say impact the underlying issue of Is this a justified restriction based on health and safety so it's a good point you raised.

00:07:16.380 --> 00:07:25.140 Eric Sarver, Esq.: I think that a lot of restaurant tours I said well if they don't have that mandate, why should we what's ironic, is that now the mandate is applying to both.

00:07:26.040 --> 00:07:33.420 Eric Sarver, Esq.: But so and you're correct about the five to 11 category of course as an employment law and business law attorney is your weight on the.

00:07:34.080 --> 00:07:42.180 Eric Sarver, Esq.: Private mandate for employers and you know I think our approach is very different perspectives on behalf of my clients and my own personal views.

00:07:42.870 --> 00:07:52.770 Eric Sarver, Esq.: But it's interesting when you correct that in your city has a very, very high strict approach towards this approach, trying to contain contain this pandemic.

00:07:53.310 --> 00:08:02.250 Eric Sarver, Esq.: And you know they do so under certain authority and power is in the States and municipalities and carry to police people in terms of health.

00:08:02.520 --> 00:08:09.270 Eric Sarver, Esq.: public safety and well being and that's actually one of the wide they see that the New York City mandate for employers.

00:08:09.510 --> 00:08:18.090 Eric Sarver, Esq.: might have a better chance of surviving a core challenge that say, then the vital ministrations you know the federal vaccine mandates for hundred.

00:08:18.360 --> 00:08:35.370 Eric Sarver, Esq.: Employees and more or in that case like alternating test testing and masking so but you're correct about how it's been expanding and it's now so not just about patient it's about employees so every employee has to know about these important updates.

00:08:35.880 --> 00:08:43.020 Jeremiah Fox: and any other thing that they expanded to because I, this was I started to see this play out as the temperature change, especially in Manhattan.

00:08:43.440 --> 00:08:56.250 Jeremiah Fox: On you know these restaurants have these outdoor structures and they started to enclose them, so it didn't apply to outdoor dining so they weren't checking you know you could sit in this enclosed outdoor structure on the street.

00:08:56.520 --> 00:09:06.420 Jeremiah Fox: Right, excuse me, and you didn't have to show proof vaccination, but if you went inside you did, and now they finally clarified the other day, and they said, if you have three sides covered.

00:09:07.260 --> 00:09:16.080 Jeremiah Fox: On your three sides in it and I ended up covering on your outdoor structure, they have to also show proof of vaccination to sit in the outdoor.

00:09:16.620 --> 00:09:26.400 Jeremiah Fox: Things so there's all these little holes and cracks and it just makes you wonder sometimes um and and the other thing that I just wanted to bring up early on in this is that.

00:09:27.570 --> 00:09:32.220 Jeremiah Fox: For the most part, as you pointed out, this is largely affected um.

00:09:33.630 --> 00:09:44.640 Jeremiah Fox: Business and customers unless it's a you know, unless it's a municipal building or or something of that nature so you've got you know federal travel.

00:09:45.420 --> 00:09:50.580 Jeremiah Fox: mandate if you go into any municipal building, whether it be federal state or city.

00:09:50.940 --> 00:10:03.930 Jeremiah Fox: You know you've got to abide by all these regulations and then and then obviously private businesses has not gotten, to the point, I mean I think about like France and Italy in the early days of their lockdown like you had to schedule your trip to the grocery store.

00:10:04.260 --> 00:10:12.510 Jeremiah Fox: You couldn't just like freely walk out, I mean they really had people strapped in their homes hasn't come to that point here.

00:10:12.810 --> 00:10:23.400 Jeremiah Fox: yeah let's hope it does not but uh you're in this position where, like the majority of the mandates are really dealing with I mean do you represent any any municipal.

00:10:24.630 --> 00:10:28.500 Jeremiah Fox: organizations or is it strictly private business that you deal with in your practice.

00:10:29.130 --> 00:10:30.990 Eric Sarver, Esq.: Yes, good question really a question.

00:10:31.980 --> 00:10:45.090 Eric Sarver, Esq.: For this topic so I don't represent municipalities and usually the Federal and State and city governments like having their own in house internal staff Council on board that represent them in these issues and other issues that might come up.

00:10:45.900 --> 00:10:55.170 Eric Sarver, Esq.: I represent private employers i'd rather than a handful of nonprofit organizations over the years, but not municipalities and such so so to your point.

00:10:55.830 --> 00:11:03.330 Eric Sarver, Esq.: you're if you're a State employee and your health care worker the vaccine mandate has been held up as a firm by the courts.

00:11:03.540 --> 00:11:09.780 Eric Sarver, Esq.: And you have to have that the Federal vaccine mandates for healthcare workers is now being stayed in the courts basically.

00:11:09.990 --> 00:11:16.650 Eric Sarver, Esq.: it's fought out in the Court of Appeals to duking it out, and you know Supreme Court recently heard the case and they're saying Okay, you would update.

00:11:17.610 --> 00:11:29.520 Eric Sarver, Esq.: Rather affirm and uphold these junctions to that these maximum these for healthcare workers won't come out but there's chance to your question, I handle private employers and so you know I.

00:11:29.970 --> 00:11:36.030 Eric Sarver, Esq.: I definitely hear the conundrum that employers are in many fields if they're being like twisted into a pretzel.

00:11:36.360 --> 00:11:46.800 Eric Sarver, Esq.: And I also you know part of being a good attorney I believe is being able to hear and empathize with both parts, you know both sides to be able to argue both sides right to be able to predict what arguments might come.

00:11:47.250 --> 00:11:50.010 Eric Sarver, Esq.: And you know it's like I do actually see.

00:11:50.550 --> 00:11:53.340 Eric Sarver, Esq.: You know some of the rationale behind these rules.

00:11:53.610 --> 00:11:58.590 Eric Sarver, Esq.: they're saying look we're not just doing this about people's chops you know we're not saying, everyone has to get a tetanus shot.

00:11:58.770 --> 00:12:07.740 Eric Sarver, Esq.: To prevent lock showing because if you don't want to get a tetanus shot that fat lockjaw from happening, you don't have to you, you step on a rusty nail, maybe you get some bad infections.

00:12:07.980 --> 00:12:13.290 Eric Sarver, Esq.: But it won't spread out people, I think the concern is hey this was such a deadly and potent disease.

00:12:13.590 --> 00:12:25.050 Eric Sarver, Esq.: overflowing crowding hospital he having people up people in long term disability mass you know death and casualty let's try to rein it in, but that, should the challenges that you write private employers.

00:12:25.470 --> 00:12:39.210 Eric Sarver, Esq.: kind of get stuck in the middle don't say because they're the ones enforcing right somebody comes in you've got to ask your employees it for vaccination proof a customer wants to come and go, as for the car so it's it's a tough situation, I really empathize with.

00:12:40.230 --> 00:12:49.410 Eric Sarver, Esq.: what's trying to be accomplished by these mandates and I listened to you and hear my clients business owners say hey listen to the sticky situation like that i'm in.

00:12:49.770 --> 00:12:53.640 Eric Sarver, Esq.: You know so, then the question becomes, how do I help them, what do we do about it right, how do we.

00:12:54.240 --> 00:13:06.060 Eric Sarver, Esq.: what's the best way new to enforce these to comply with these rules what's the best way to also communicate with your employees that they're actually you know onboard also is not that extra friction between you and your employees.

00:13:06.510 --> 00:13:12.240 Jeremiah Fox: Right and for the most part, like where we're at i'd say the majority of the population is on board.

00:13:12.630 --> 00:13:14.520 Eric Sarver, Esq.: yeah with with.

00:13:14.550 --> 00:13:21.930 Jeremiah Fox: You know, vaccination boosters you know most i've never had an issue at my restaurant.

00:13:22.200 --> 00:13:26.580 Jeremiah Fox: or someone I refuse to show proof of vaccination or didn't.

00:13:26.580 --> 00:13:27.030 Jeremiah Fox: have it.

00:13:27.360 --> 00:13:32.970 Jeremiah Fox: Like people are like they'd come in here, probably they got it they got an open when they hit the door, you know um.

00:13:33.720 --> 00:13:43.170 Jeremiah Fox: But you're right that it is a sticky situation for employers and employees, because you're now kind of deputising you know we've kind of been deputized in a way.

00:13:43.500 --> 00:13:55.350 Jeremiah Fox: um and we weren't given much training for it and it requires more work, you know so business is still kind of down I think across the board, some places have gotten back to their.

00:13:55.950 --> 00:14:02.910 Jeremiah Fox: kind of like 2019 numbers but not everybody has and then on top of that you've got these additional tasks that you have to do.

00:14:03.660 --> 00:14:15.900 Jeremiah Fox: Which which sometimes are not convenient it's not it's not It disrupts the flow of everything you're trying to do, and it causes certain levels of frustration, where you know it's hard enough, sometimes I take a restaurant, for example.

00:14:16.740 --> 00:14:25.830 Jeremiah Fox: Everybody the problem with restaurants is everybody wants to eat, at the same time right, so you have you have a 35 seat restaurant and 35 people literally come to the door, at the same time.

00:14:26.160 --> 00:14:31.890 Jeremiah Fox: Not only do you have to get them sat get the you know setup structured get orders going in but, in the middle of that you've got to stop.

00:14:32.250 --> 00:14:37.680 Jeremiah Fox: and check everybody's vaccination proof and their ID and people are fumbling people are like.

00:14:37.890 --> 00:14:46.830 Jeremiah Fox: Sometimes I mean i've had people like oh I forgot it, let me text my son he's at home i'll get him to send me a screenshot of it and you're like waiting for all this to happen before you can.

00:14:47.670 --> 00:14:53.190 Jeremiah Fox: get their order and you're like okay i'm gonna come back to you, you run around it's like it's just a lot of it's a lot of work, I will.

00:14:53.250 --> 00:14:53.670 Eric Sarver, Esq.: yeah.

00:14:53.910 --> 00:14:56.550 Jeremiah Fox: It is definitely it is it's not fun.

00:14:58.260 --> 00:14:59.220 Eric Sarver, Esq.: I think, no, I think.

00:14:59.250 --> 00:15:07.290 Eric Sarver, Esq.: I wouldn't argue against that, in this fight us and for sure you know it's I think it's like important you know when I talked to my clients like I need to hear their frustrations.

00:15:07.620 --> 00:15:15.600 Eric Sarver, Esq.: And I say that they're valid, I mean, I think that, like you know what i've seen as you both know i'm sure many issues around COPA become very, very.

00:15:16.200 --> 00:15:25.590 Eric Sarver, Esq.: People very polarizing and views on everything, and you know people, I think, often don't understand really empathize with the other person's perspective and what's.

00:15:25.920 --> 00:15:35.610 Eric Sarver, Esq.: So, for example, I see why people were not restaurants were saying what's the big deal Why would anyone object to this, this is a great rule, because you know it's win, win right your patrons to save.

00:15:35.880 --> 00:15:41.250 Eric Sarver, Esq.: You don't have to be the bad guy or bad girl, and I remember you can just say hey you know.

00:15:41.640 --> 00:15:49.800 Eric Sarver, Esq.: it's like not mommy and the government requiring me to do this, so you know, as I got actually Vaccination Card kind of like as if say you know if you're a restaurant that.

00:15:50.130 --> 00:15:57.690 Eric Sarver, Esq.: was a restaurant a bar that you know 40 years ago believe that he was a very young drinking age, but you couldn't really enforce.

00:15:57.960 --> 00:16:05.310 Eric Sarver, Esq.: You can make your own policy and say my bar restaurant 21 thing to drink right you'd be very unpopular and people will hate you and probably not go back.

00:16:05.610 --> 00:16:13.440 Eric Sarver, Esq.: But when the State made it mandatory a lot of restaurants and bars are very upset I mean it's before I think we were very young, at the time but yeah.

00:16:13.890 --> 00:16:16.470 Eric Sarver, Esq.: Rates like that remember it, but you know I think I think that.

00:16:16.950 --> 00:16:25.740 Eric Sarver, Esq.: People would say you know this is gonna make them part of the crowd to hate us and not going to come here, but when it's like monitoring uniform for every restaurant every bar.

00:16:26.040 --> 00:16:32.550 Eric Sarver, Esq.: Two things happen, one that initial I think like frustration resistance kind of gives away right to acceptance, I mean now.

00:16:32.820 --> 00:16:45.540 Eric Sarver, Esq.: When you go to a restaurant a bar and someone say brings your 20 year old son home from college and he says order a beer dad and they say, can I check your ID us responses oh sure here you go it's not how dare you I you know old enough to fight the war and.

00:16:45.810 --> 00:16:53.790 Eric Sarver, Esq.: I can't get a damn beer, so I think that, like my point is that I think that you know, as these mandates like become say.

00:16:54.630 --> 00:17:07.800 Eric Sarver, Esq.: More routine people will have to get that flow and and they won't be as angry at the restaurant tour who can also maybe some restaurants was like you know it might actually want this is many I think some are some are privately saying.

00:17:08.130 --> 00:17:10.530 Jeremiah Fox: Thank God because we're nerds yeah sure.

00:17:10.860 --> 00:17:17.160 Eric Sarver, Esq.: right because oh yeah cuz we're in New York City it's like people he's mentioned they're proud card carrying bags folks you know I believe in the science I.

00:17:17.880 --> 00:17:31.770 Eric Sarver, Esq.: Do my part, and if you want a restaurant upstate New York let's say well wouldn't be covered by the blasio but that's I sat down right little more conservative different population for vaccines, you know, sometimes you can kind of.

00:17:33.120 --> 00:17:43.260 Eric Sarver, Esq.: That you're you know peyton peyton is know hey I know this is a pain, but you know big brother's watching I do this and it doesn't be anger doesn't get transmitted on to you, so much so.

00:17:43.530 --> 00:17:47.280 Eric Sarver, Esq.: That might be a benefit, but it doesn't take away what you're saying, which is that.

00:17:47.970 --> 00:17:56.580 Eric Sarver, Esq.: I think that there needs to be some maybe greater steps and guidance for restaurant tours and for business owners right, how do we enforce this know how do we.

00:17:57.180 --> 00:18:07.080 Eric Sarver, Esq.: One of the critiques about the testing, you know, because in the state or federal order the provision supposed to be either 100 or more employees, so the federal for the vitamin illustrations push.

00:18:07.500 --> 00:18:16.200 Eric Sarver, Esq.: Either they get the vaccine or weekly testing and asking, so the weekly testing where people say well who, who has the element so.

00:18:16.470 --> 00:18:23.070 Eric Sarver, Esq.: He do it the employee of bear the cost so there's new guidance coming out in the panel, you were saying hold on you don't have to pay for the testing.

00:18:23.280 --> 00:18:32.550 Eric Sarver, Esq.: You know your employees like job responsibility to do that, if not getting the vaccine but you're right it's it's definitely not a smooth roll out by any means.

00:18:32.610 --> 00:18:41.670 Eric Sarver, Esq.: yeah and I want to acknowledge that you know if I was a restaurant tour and the restaurant i'd be pretty pissed off these these be honest, you know so.

00:18:41.790 --> 00:18:44.610 Jeremiah Fox: I typically yeah but that's not been do restaurant owners typically.

00:18:46.980 --> 00:18:47.700 Eric Sarver, Esq.: In the past.

00:18:48.600 --> 00:18:49.800 Eric Sarver, Esq.: few years yeah.

00:18:49.860 --> 00:18:59.550 Jeremiah Fox: yeah I agree cool I you brought up something that I want, I want to we're gonna take a break, but I want to pick up on that, where you get back based off of a personal experience, earlier this week so hang tight everybody.

00:18:59.760 --> 00:19:01.590 Jeremiah Fox: Okay, the story will be back in just a minute.

00:19:01.620 --> 00:19:03.270 Eric Sarver, Esq.: stories are great yes, yes.

00:21:20.160 --> 00:21:29.250 Jeremiah Fox: Welcome back everybody once again if you're just tuning in you're listening to the entrepreneurial web i'm your host Jeremiah fox today we're keeping it local sticking to the good old nyc.

00:21:29.520 --> 00:21:45.690 Jeremiah Fox: Welcoming back to this show I employment lawyer Eric sarver he's also a fellow show host here on talk radio dot nyc he is the host of employment law today which airs Tuesdays at five or 6pm 5pm.

00:21:45.720 --> 00:22:01.080 Jeremiah Fox: Five to 6pm Eastern standard New York City time and we're talking about the whole heap of shit that's going down here in New York City last couple weeks um so my story this, and this, you know you said something about on you know.

00:22:02.130 --> 00:22:09.420 Jeremiah Fox: Government providing support for the the increase in responsibility and workload for these businesses so.

00:22:09.750 --> 00:22:11.550 Jeremiah Fox: My loving without.

00:22:11.760 --> 00:22:12.750 Eric Sarver, Esq.: The need for that support.

00:22:12.870 --> 00:22:16.800 Jeremiah Fox: yeah yeah definitely so um my my 11 year old.

00:22:18.060 --> 00:22:27.300 Jeremiah Fox: You know required to get vaccinated to go do a bunch of the things that she wants to do and and was eager to get it done so we went, the other day to.

00:22:28.980 --> 00:22:38.070 Jeremiah Fox: Private the own pharmacy in brooklyn and park slope, and they I i've been in this pharmacy a bunch of times they probably had like.

00:22:38.490 --> 00:22:55.200 Jeremiah Fox: 300% of the staff that they normally have you know, like there were a lot of extra people there, there were lines going straight down to aisles from the back, all the way to the front to give out free tests and free vaccines.

00:22:55.680 --> 00:23:02.220 Jeremiah Fox: So my question would this is going through my mind being business oriented type is who's paying for.

00:23:02.670 --> 00:23:10.440 Jeremiah Fox: The added the added staffing for something like this, I don't know any pharmacy owners to ask like hey are you getting some kind of government.

00:23:10.740 --> 00:23:19.770 Jeremiah Fox: Assistance for having to bring on I mean there had you know, this is a place that probably usually has about five or six people on staff at all times and I guarantee there were 15 people.

00:23:20.130 --> 00:23:32.070 Jeremiah Fox: right there was people just standing in the aisle working just coordinating traffic, because there were so many people coming in and out and it was just like a conveyor belt I don't know if you've come across that question or anybody in that industry but.

00:23:33.270 --> 00:23:45.030 Jeremiah Fox: That would be that would be one nice addition it's like okay we're going to offer you a subsidy if you're going to do this here's like a Labor subsidy to help you, you know pay for.

00:23:45.930 --> 00:23:49.440 Jeremiah Fox: An extra person to just like kind of deal with this to make.

00:23:49.860 --> 00:23:55.680 Jeremiah Fox: You know everything run smoothly and feel like somewhat normal because that's what we're all really working for right.

00:23:55.920 --> 00:24:06.930 Jeremiah Fox: is like some sliver of normalcy of like life as it was before, I mean the whole reason of restaurants stayed open was like to offer people that like oh yeah I can still go out and enjoy like.

00:24:07.350 --> 00:24:13.140 Jeremiah Fox: a fraction of the life that I had before we go through these steps, but you know I think in general.

00:24:14.430 --> 00:24:21.150 Jeremiah Fox: There hasn't been much assistance given to the to those businesses, I know my case it's been very little.

00:24:22.380 --> 00:24:29.310 Jeremiah Fox: Right is that come across your path any kind of suck Labor subsidy or assistance for these organizations that are.

00:24:30.420 --> 00:24:34.260 Jeremiah Fox: That are doling out that are doing testing or vaccinations and or.

00:24:36.210 --> 00:24:43.050 Eric Sarver, Esq.: it's a great question you know I haven't seen a lot of like this question about is it a paid for you know the extra assistance.

00:24:43.800 --> 00:24:56.250 Eric Sarver, Esq.: What I do see those often when the government has these additional regulations and they call upon the business to do more to enforce it, they often have some tax incentives or tax credits at the company, you really can get and apply.

00:24:56.700 --> 00:25:05.550 Eric Sarver, Esq.: For it, so I mean you had the PPP the ideal assistance like back in 2020 that was actually not so much a merit based wasn't that you had to.

00:25:05.970 --> 00:25:15.030 Eric Sarver, Esq.: earn it by doing extra was more than based on revenue revenue revenue losses and such so my point in bringing that up Jeremiah that I think there are two types of ways, when the government.

00:25:15.600 --> 00:25:24.900 Eric Sarver, Esq.: sort of help lessen the burden for the business owner one is by giving out some extra monitors support it's not a fun extra work by them just basically.

00:25:25.350 --> 00:25:31.260 Eric Sarver, Esq.: The economy's was happening now, you pay your taxes, every year, it goes towards the steps you know lawyers get passed.

00:25:31.770 --> 00:25:38.130 Eric Sarver, Esq.: Legislation authorizing different tax rates and and and pvp loans and such now with the extra staffing.

00:25:38.460 --> 00:25:42.060 Eric Sarver, Esq.: It would be interesting to see what happens if the government, you know say doesn't.

00:25:42.360 --> 00:25:50.820 Eric Sarver, Esq.: give out some kind of a tax break for that see the cost so, for example, you're hiring more people but you're not if you're hiring them say just to give out extra vaccine those is.

00:25:51.120 --> 00:25:59.760 Eric Sarver, Esq.: The argument I might make is that you're not hiring them just for extra say to earn extra income right you're not hiring because you're growing in size and he said.

00:26:00.330 --> 00:26:00.570 You.

00:26:01.680 --> 00:26:06.930 Eric Sarver, Esq.: Say care to double the customer base, so I think you might be able to make that argument.

00:26:07.230 --> 00:26:13.650 Eric Sarver, Esq.: The question becomes whether or not you know business groups will will usually I see happens the situations that business groups.

00:26:13.860 --> 00:26:23.910 Eric Sarver, Esq.: Right tend to lobby that saved as a city right in New York City the lobby City Council the mayor's office to say hey here are concerns you have the better business bureau other private group set up.

00:26:24.300 --> 00:26:29.130 Eric Sarver, Esq.: Maybe the Chamber of Commerce locally and the government often will consider those.

00:26:30.030 --> 00:26:39.570 Eric Sarver, Esq.: Those issues and either adjust with with taxes or with incentives so maybe it's something good thing talking if you're in a kind of a business group with fellow business owners.

00:26:40.290 --> 00:26:47.940 Eric Sarver, Esq.: You know it's maybe go to the city and say let's try to get this thing isn't as an actual incentive, you know that actually but it's yeah.

00:26:48.900 --> 00:27:02.640 Jeremiah Fox: yeah I take a tax break that's fine so in the case of restaurants, is that the New York hospitality alliance and they're the biggest lobby group essentially um and and they they done a lot, but I don't think that's come I don't think that's come up yet.

00:27:03.510 --> 00:27:08.730 Jeremiah Fox: I think I think they're you know they have bigger fish to fry right now and everybody's just like kind of ad hoc.

00:27:09.060 --> 00:27:20.130 Jeremiah Fox: Dealing with it, but that's that's the part that is frustrating is that it's just all ad hoc we're all just figuring out our own way of doing it, and some people are more vigilant and others, I mean i've had people come in.

00:27:20.520 --> 00:27:22.770 Jeremiah Fox: And they say i'm so glad you asked.

00:27:23.160 --> 00:27:24.000 Jeremiah Fox: i'm like oh.

00:27:24.060 --> 00:27:25.050 Jeremiah Fox: there's people that aren't.

00:27:25.350 --> 00:27:29.490 Jeremiah Fox: Like yeah and like I just personally don't want the damn fine.

00:27:30.330 --> 00:27:39.480 Jeremiah Fox: Like we just don't need 1000 or $2,000 or $5,000 fine yes main reason I do it, we got an expected last night, in fact.

00:27:39.600 --> 00:27:49.920 Jeremiah Fox: Oh yeah we've been inspected three times so they're definitely coming out, I thought it would definitely be a little bit more of like a battle, you know, like i've dealt with the Department of Health for so long.

00:27:50.940 --> 00:27:53.490 Jeremiah Fox: It was going to be like that you know they're they're not Nice.

00:27:53.580 --> 00:28:06.480 Jeremiah Fox: there's yeah i'm i'll say this, that the the you know, the key to nyc inspectors have been very nice so far i'm like okay you're going to be nice i'll be nice but I get nasty with the Department of Health.

00:28:08.010 --> 00:28:12.300 Eric Sarver, Esq.: Understandable you know i've had clients in hiring me to prostate no petition a bad grade That was the thought.

00:28:12.300 --> 00:28:20.430 Eric Sarver, Esq.: of registered arbitrary in nature, but you know I you raise a really good point during my I think it like to speak, a lot of what I do right because.

00:28:21.180 --> 00:28:30.240 Eric Sarver, Esq.: You mentioned that these all these different rules, laws and regulations which are changing constantly I mean if you pull up news headlines from six months ago.

00:28:30.720 --> 00:28:37.770 Eric Sarver, Esq.: Three months ago they'd be very different than they are today around the federal government's that that point pending, soon to be mandate.

00:28:38.070 --> 00:28:46.920 Eric Sarver, Esq.: than the mandate than it being staged or the Court right thing it's frozen can enforce a cat implement that yet, then you have this the state healthcare workers, the city now so.

00:28:47.250 --> 00:28:49.530 Eric Sarver, Esq.: Everything keeps changing constantly and.

00:28:49.890 --> 00:28:55.590 Eric Sarver, Esq.: Your point I think I heard you say was that it's very hard it's frustrating wait, you know, for you as a business owner like to try to keep track of this because.

00:28:55.830 --> 00:29:07.590 Eric Sarver, Esq.: You know you have to run your business you spend your time your energy your focus of supervising employees ordering supplies katie to your customers Whatever the case may be, so that's that you're going to write them it, you know if that.

00:29:08.280 --> 00:29:22.740 Eric Sarver, Esq.: I, like you know as an employment Labor law business law attorney you know i'd be the stuff constantly i'm always i'm reviewing a reading i'm tuning into other broadcasts about this type of thing and i'm reading the legislation that comes out the summaries.

00:29:23.250 --> 00:29:32.700 Eric Sarver, Esq.: And I get these also in my inbox by certain alerts for certain like organizations and for us, for us, employment lawyers so so you know one thing I recommend that any business owner do.

00:29:33.390 --> 00:29:36.960 Eric Sarver, Esq.: Is that if you're running a business in 2021.

00:29:37.530 --> 00:29:45.240 Eric Sarver, Esq.: really want to tap into and employment law attorney tell me what the compliance and you know what like if you're not actually there yet let's say you're saying well.

00:29:45.480 --> 00:29:53.100 Eric Sarver, Esq.: You know attorneys can be a little expensive I don't know and maybe you just really ELISE have an HR company at your disposal.

00:29:53.640 --> 00:30:00.060 Eric Sarver, Esq.: Someone a professional HR folks they're not all that expensive there are large ones and small ones you've got the large ones like.

00:30:00.450 --> 00:30:06.630 Eric Sarver, Esq.: adp and China and the smaller ones that are kind of local consultant, they can help you with this stuff to help you to.

00:30:06.900 --> 00:30:12.870 Eric Sarver, Esq.: Make sure that you're following the man needs make sure you understand you know that the unemployment rules of the paid leave right.

00:30:13.080 --> 00:30:25.440 Eric Sarver, Esq.: A lot of folks like don't realize, you know that now, if you have an employee who says hey I need some time off because my child, you know got the second shot and say and they're sick and home from school for a day and a half, because they don't feel well.

00:30:25.800 --> 00:30:31.830 Eric Sarver, Esq.: That actually have to be to cut their paid sick leave, now, so you can't just say well all right it's like a personal day and.

00:30:32.490 --> 00:30:38.040 Eric Sarver, Esq.: And the thing is that an employment law three and myself, we can help you don't have these policies in place.

00:30:38.400 --> 00:30:48.330 Eric Sarver, Esq.: And the more you have policies in place that are evolving and changing with the law, the more and the more that you then communicate those policies like to your workers.

00:30:48.600 --> 00:30:57.240 Eric Sarver, Esq.: The less chance for these conflicts right these this tension these complaints filed or you know complaint with OSHA or with the eeoc you know so.

00:30:57.540 --> 00:31:10.050 Eric Sarver, Esq.: I always recommend that, like it's just such an important I know it sounds like self promotion, because I represent, businesses, but you know if I read that this like, if I were talking about How important is it to you know the six month checkup and floss, so it is what I do you know it's.

00:31:10.470 --> 00:31:15.120 Jeremiah Fox: A this show is about entrepreneurship baby you gotta strike iron side.

00:31:16.050 --> 00:31:25.020 Eric Sarver, Esq.: But I think it's yeah but it's really it's just something and it's true, I think that you know the the fines and such um if you are actually submit to a fine.

00:31:25.350 --> 00:31:30.210 Eric Sarver, Esq.: Are you to recommend trying to fight it if there's an argument to be made, because.

00:31:30.570 --> 00:31:40.860 Eric Sarver, Esq.: With these newer was exact harder, you know add to enforce them, so if you've got to find let's say like for an old you know help out, you should have Health Code around for 30 years.

00:31:41.610 --> 00:31:50.010 Eric Sarver, Esq.: off department later, but saying found out you weren't paying your employees, like the proper over time, you know you can fight that if it's not true of industry meant by negotiate.

00:31:50.340 --> 00:31:59.040 Eric Sarver, Esq.: With these laws, I think there's a little more flexibility i'm noticing that you know I think the city is noticing that people like yourself, am I doing the best you can.

00:31:59.310 --> 00:32:12.660 Eric Sarver, Esq.: And you pointed out, I think that right there with a nice view the enforcement folks and then so maybe if you have to assess look, you know at this guy he didn't bring his car but he'd been here five times last month, he gets the chicken parm every time I know he's a good guy.

00:32:12.840 --> 00:32:18.150 Eric Sarver, Esq.: Right, give me his card they might say okay just haven't read the card next time or.

00:32:18.450 --> 00:32:22.980 Jeremiah Fox: And i've heard of that happening, I know you know and other other establishments were like.

00:32:23.310 --> 00:32:28.680 Jeremiah Fox: they've been a little tighter I think it's you know they're they're going harder on certain places, maybe places are notorious for like.

00:32:29.070 --> 00:32:36.990 Jeremiah Fox: bending the rules, or whatever you know and i'm and I heard that happened, where they were there one night and they didn't check the guy but he was a regular and.

00:32:37.080 --> 00:32:43.950 Jeremiah Fox: They you know they got a fine and yeah hopefully they fun, I have a friend, a neighbor who's an attorney and he was in here last night just having to.

00:32:43.950 --> 00:32:44.310 Eric Sarver, Esq.: Gary.

00:32:44.640 --> 00:32:48.840 Jeremiah Fox: And he said the same thing he was like I always encourage people to find it, no matter what just write it yeah.

00:32:49.620 --> 00:32:51.720 Eric Sarver, Esq.: You know I didn't encourage that as well and it's like.

00:32:51.720 --> 00:32:52.470 Jeremiah Fox: Yes, of course.

00:32:52.830 --> 00:32:55.170 Eric Sarver, Esq.: yeah and it's part of what we do is attorneys but.

00:32:56.010 --> 00:33:03.840 Eric Sarver, Esq.: But I think also it's interesting point like that yeah you know that I think the city recognizes the most important that it's a hard thing to enforce them to the best they can.

00:33:04.200 --> 00:33:14.310 Eric Sarver, Esq.: Will you have occasionally the you know super I guess you know or just strictly type of enforcement agent yeah sure i'm sure you get some.

00:33:15.000 --> 00:33:18.390 Eric Sarver, Esq.: lines but, and I think it's kind of you know we're.

00:33:18.870 --> 00:33:28.140 Eric Sarver, Esq.: understanding each other's vision comes into play, you know, I think that you know, I was like I wouldn't be doing my job dream, if I only came into my clients that said okay here's what the law says.

00:33:28.770 --> 00:33:35.970 Eric Sarver, Esq.: here's what the newest lies if we have to do here here's your do this in this rate implement this policy i'm going to write this up for you in a contract or handled.

00:33:36.240 --> 00:33:48.360 Eric Sarver, Esq.: and have your employees come in that's a lot of what I do I do just but right, but you know it's like I think like with employee relations, for example, and get a lot of employers, if I kind of serve as an armchair.

00:33:48.930 --> 00:33:55.140 Eric Sarver, Esq.: Oh say is definitely called is but it's going to be i've seen what helps to decrease.

00:33:55.920 --> 00:34:04.410 Eric Sarver, Esq.: tension and conflict between employees and employers and what leads to less disgruntled employees who you know might decide to quit and Sue or be fired into.

00:34:05.100 --> 00:34:13.710 Eric Sarver, Esq.: At least, a better employee retention employee morale so I always encourage that if you have a concern you know, to communicate with employees and have a grassroots meetings.

00:34:14.010 --> 00:34:23.760 Eric Sarver, Esq.: and make it a safe place for people to air their concerns, because your employees might have frustrations that are identical to your to the business owner and you might not even realize that right.

00:34:24.360 --> 00:34:28.110 Eric Sarver, Esq.: I don't like this any more than you do, and you might be able to tell them hey you know.

00:34:28.470 --> 00:34:33.720 Eric Sarver, Esq.: i've been a lot of employees, for example, don't know that their employers like don't like don't enjoy unfortunate visual.

00:34:33.900 --> 00:34:44.220 Eric Sarver, Esq.: You know they might just think oh my employer, just like you know loves to be hard headed and they come down to me, and you might say, look I don't want this anymore, so you do and it kind of built us like we're in the same boat.

00:34:44.790 --> 00:34:47.310 Eric Sarver, Esq.: You know I mean it's not that makes sense we're communicating it but.

00:34:47.610 --> 00:34:55.500 Eric Sarver, Esq.: it's a tune occasion think with your employees is key, and you know and having those meetings and having updating your handbooks and policies.

00:34:55.800 --> 00:35:09.180 Eric Sarver, Esq.: And inviting feedback, which is counterintuitive lot of folks say if I have my feedback it's pandora's box, the floodgates were open and everyone will complain about every little thing on every the work done, I don't know I found a bit counterintuitive I don't know if you've had that.

00:35:09.510 --> 00:35:10.590 Jeremiah Fox: I mean they might.

00:35:10.650 --> 00:35:25.230 Jeremiah Fox: They might complain, but all you have to do is listen, you know you don't have to answer anything immediately, especially so meetings like thank you all for your feedback will get back to you and that's it and I think that's I think it's it it really empowers them is very valuable tool.

00:35:25.560 --> 00:35:27.210 Jeremiah Fox: And you don't have to respond immediately you.

00:35:27.210 --> 00:35:29.730 Jeremiah Fox: don't have to have a comeback you don't have to do anything other than just listen.

00:35:30.300 --> 00:35:31.290 Eric Sarver, Esq.: So true that's.

00:35:31.410 --> 00:35:37.920 Jeremiah Fox: Very often, people often just want that all right, well, I need to listen to Sam because he's telling me I gotta go to break out another way.

00:35:39.450 --> 00:35:43.050 Jeremiah Fox: Back I know we could just go on and on and on, we just submitted guys hang tight.

00:35:44.190 --> 00:35:44.520 Co.

00:37:51.720 --> 00:38:00.450 Jeremiah Fox: Alright folks pop it right back into it talking New York City employment and code regulation here with Eric sorry he's got a practice in midtown for planning and.

00:38:01.050 --> 00:38:13.290 Jeremiah Fox: Business regulation and he's also the host of the plumbing Lon today which airs on talk radio dot nyc Tuesdays five to 6pm so what else What else do you have to share with us.

00:38:13.380 --> 00:38:14.160 Jeremiah Fox: That you.

00:38:14.370 --> 00:38:24.570 Jeremiah Fox: You seen a lot you've been you've been you've been right on the on the front lines of it all what is some of the big like pitfalls that.

00:38:25.590 --> 00:38:32.850 Jeremiah Fox: You know, business owners employers can can avoid that you seen happen, you mentioned the insurance thing I mean is, is that.

00:38:34.020 --> 00:38:39.960 Jeremiah Fox: i'm wondering like if it's caused by several things, but all my all my premiums went up this year.

00:38:40.350 --> 00:38:51.180 Jeremiah Fox: Like everything's kind of renewing right now for me for next year everything went up and i'm like man is it because they lost a lot of money over the last year is that part of it is, it also you know.

00:38:51.720 --> 00:39:08.040 Jeremiah Fox: Just the increased load that we have to cover now because, as you pointed out, you know we have to, we have to cover our employees when they're home because their child got a shot and they're not feeling so well it's no longer a personal day for them it's actually covered under sickly.

00:39:08.730 --> 00:39:17.640 Eric Sarver, Esq.: yeah well, I think the insurance are you referring to your insurance like unemployment turned into kind of a workers COMP you know think yeah I think the.

00:39:18.510 --> 00:39:27.270 Eric Sarver, Esq.: The answer the question to probably right it's probably both it's probably that there is right that needs revenue one thing we as employment, lawyers and lawyers are seeing is that.

00:39:28.140 --> 00:39:39.150 Eric Sarver, Esq.: A lot of like businesses, they gave revenue to department of Labor closed down, so they need to make that up, so there is that you might send being cynical i'm not usually a cynical present live or not even though i'm an attorney but I try.

00:39:39.540 --> 00:39:48.690 Eric Sarver, Esq.: Not to be I think it's a meeting in my opinion, but you are seeing like more businesses being subject to not just code regulations but strict enforcement of.

00:39:49.140 --> 00:39:55.530 Eric Sarver, Esq.: was around Facebook openings in New York City about when someone comes to open and then we'll close a restaurant or.

00:39:56.370 --> 00:40:03.300 Eric Sarver, Esq.: A bar and then working the next morning how much space in between, you know we're seeing that's actually in your cities i've been fortunate but we're seeing regulations around.

00:40:04.140 --> 00:40:12.960 Eric Sarver, Esq.: Say notification of weed is it going up so there's a lot of the low hanging fruit theory but also to your point, you know dream, if you have with more kind of.

00:40:13.230 --> 00:40:25.230 Eric Sarver, Esq.: written in for employees, like more room for I think disagreements when issues that come up so there's like more of an insurance premium that goes on and then of course over time and he's ready to get raised for inflation adjustment and such.

00:40:26.250 --> 00:40:27.750 Eric Sarver, Esq.: I let me see what else it's like.

00:40:28.770 --> 00:40:33.510 Eric Sarver, Esq.: And there's so much it's great i've had to give the highlights what i'm seeing i'd say this i'm seeing.

00:40:33.840 --> 00:40:42.720 Eric Sarver, Esq.: A lot of like I won't go through all the details if are speaking to okay just picked other lawyers about like continued education courses like Kelly, or about.

00:40:42.930 --> 00:40:56.190 Eric Sarver, Esq.: The topic and i'll give all the ins and out minutia of like what the courts are holding and the arguments behind it, what I will say I think it's better purposes of our discussion today is that because that's boring right a lot of people I love it when people find it boring but.

00:40:57.330 --> 00:41:00.180 Eric Sarver, Esq.: i'm seeing that i'm seeing a lot of changes in laws around.

00:41:00.810 --> 00:41:06.540 Eric Sarver, Esq.: safety for workers that's the one of the key words so if you're in New York state, not just the city, when your estate.

00:41:06.840 --> 00:41:10.350 Eric Sarver, Esq.: Business if you have people coming into a physical workplaces i'm seeing.

00:41:10.680 --> 00:41:18.810 Eric Sarver, Esq.: Federal and State laws, the laws, especially around like having an infectious airborne disease policy so basically heightened safety standards for the hero act right.

00:41:19.080 --> 00:41:25.320 Eric Sarver, Esq.: you've got to have a certain plan get the submitted to New York State Department of Labor you have to communicate to employees.

00:41:25.980 --> 00:41:31.980 Eric Sarver, Esq.: we're seeing a lot of that we're seeing a lot of federal also just OSHA stricter regulations around protections against comin.

00:41:32.400 --> 00:41:42.180 Eric Sarver, Esq.: we're seeing more and more laws changing around paid leave requirements it's not just the five paid sick days a year in New York City or certainly paid me.

00:41:42.420 --> 00:41:49.680 Eric Sarver, Esq.: The time in New York state for having a child or a stress here's the second conditional relative we're seeing it for quarantine leave.

00:41:50.160 --> 00:41:56.790 Eric Sarver, Esq.: kind of a little bit less common I think now but there's still a quarantine leave as an issue if you have a child in school and they get.

00:41:57.090 --> 00:42:02.280 Eric Sarver, Esq.: sick or someone in their class gets sick and they go home for two weeks, you can have like a homeschooling scenario even have to have a.

00:42:02.580 --> 00:42:09.870 Eric Sarver, Esq.: person on call, so you need to know what the law requires that before it requires you as an employer to grant for leave.

00:42:10.140 --> 00:42:17.670 Eric Sarver, Esq.: And of course we're seeing like say the whole kind of math mandate and whole vaccine mandates Lola I think that, like a lot of companies getting tripped up.

00:42:17.970 --> 00:42:21.600 Eric Sarver, Esq.: Whether they're a big company or small company, whether they're a restaurant or a law firm.

00:42:21.990 --> 00:42:27.510 Eric Sarver, Esq.: Is that they're getting like even confused or am I have around the issue of accommodations and it's confusing issue.

00:42:27.840 --> 00:42:35.340 Eric Sarver, Esq.: You know i've heard of daycare Center where they you know they say well let's have other work of vaccine and they're working with a young population of small children.

00:42:35.700 --> 00:42:39.240 Eric Sarver, Esq.: Who can't get the vaccine can get sick etc they're very close quarters, but.

00:42:39.660 --> 00:42:48.000 Eric Sarver, Esq.: Some of them actually mistakenly believe that if the employee raised religious objection and that's the end of the story, but then your hands are tied.

00:42:48.390 --> 00:42:53.610 Eric Sarver, Esq.: And I literally heard that expression from clients in my hands are tied and I actually know the hands of not time.

00:42:53.940 --> 00:43:03.000 Eric Sarver, Esq.: That i'm, if you like, if you can't grant religious accommodation request because let's say, like the person is too much needed hands on experience.

00:43:03.330 --> 00:43:09.270 Eric Sarver, Esq.: or they can't be working remotely you can't accommodate it's just too much of a hardship financially or operationally or.

00:43:09.570 --> 00:43:16.650 Eric Sarver, Esq.: or just logistically you can actually let them go and not have to pay them unemployment insurance and that's a tricky one right because.

00:43:17.100 --> 00:43:23.970 Eric Sarver, Esq.: You know if you're an accounting firm or there's a bookkeeping firm and someone bookkeeper says hey I need to work remotely because.

00:43:24.390 --> 00:43:30.510 Eric Sarver, Esq.: you'd have an objection to the vaccine if they keeping books let's say they're a bookkeeper in House for a small business.

00:43:31.080 --> 00:43:40.200 Eric Sarver, Esq.: Well, can they work remotely, and so did their job us, the answer is yes right they're using excel spreadsheets you know the email they're they're kind of timing in through.

00:43:40.560 --> 00:43:51.690 Eric Sarver, Esq.: Google drop box documents, but if you're a restaurant I use as an example, all the time right if the if the executive chef head chef says, I can't get the vaccine, she has my religious beliefs.

00:43:52.410 --> 00:44:00.390 Eric Sarver, Esq.: And you say okay well let's see your Executive head chef right, and you can remove the zoom in right you can't close through these.

00:44:00.390 --> 00:44:01.440 Jeremiah Fox: hard to do that one.

00:44:02.790 --> 00:44:08.100 Eric Sarver, Esq.: And you can be solved in the basement somewhere sort of a Okay, give me an office thing off to the side and coming real hours.

00:44:08.400 --> 00:44:15.390 Eric Sarver, Esq.: You have to be there, as you pointed out during the heavy dinner Russian the meals you're in a closing quarter kitchen they like what other other workers.

00:44:15.630 --> 00:44:25.950 Eric Sarver, Esq.: You near the food they serve the people you might not be able to accommodate them, so I think it's important if you're an employer and you get say an employee to come to you with.

00:44:26.370 --> 00:44:32.940 Eric Sarver, Esq.: A request to work, mostly because of the biggest objections to the vaccine or medical condition, make sure you don't.

00:44:33.300 --> 00:44:43.770 Eric Sarver, Esq.: don't be rational just say no hell no none of my watch right but don't just like capitulate say i'm terrified getting in trouble Okay, you can go to the employer and say what am I right situation.

00:44:44.100 --> 00:44:53.070 Eric Sarver, Esq.: And how do I approach is, what are the steps, where the process because that's what i'm seeing a lot of what do I have to do with what's the issue and, if I have to do something affirmative.

00:44:53.970 --> 00:45:06.000 Eric Sarver, Esq.: Grad the combination give some time off, how do I do it do it do I have to establish the documented the end to I have to make notes for the mandate goes to the employee use the answer she asked all the above.

00:45:06.180 --> 00:45:08.610 Eric Sarver, Esq.: that's that's helpful if your audience but.

00:45:08.880 --> 00:45:13.260 Eric Sarver, Esq.: Maybe they're out there listening and saying you know what happened to me at an employee that you.

00:45:14.100 --> 00:45:16.860 Jeremiah Fox: know I absolutely think it is and.

00:45:18.450 --> 00:45:28.350 Jeremiah Fox: neighboring business owner he's in food and beverage also we had the same discussion earlier this week and he's scaled his business quite rapidly where he's opened a number of locations really quickly.

00:45:28.530 --> 00:45:29.850 Jeremiah Fox: But what he hasn't scaled.

00:45:30.150 --> 00:45:41.160 Jeremiah Fox: Is his like employee communication and like as HR and stuff like that and i'm like it's just as important, like when you're when you're scaling like you have to have that in place as well.

00:45:41.400 --> 00:45:52.560 Jeremiah Fox: it's just something we don't think about, especially as, like the creators of these businesses when you're coming from that background it's it's not always so obvious to so that's a great I think it's a very great point that you bring up.

00:45:53.160 --> 00:45:59.640 Jeremiah Fox: I think I think, is something that everybody needs to hop on we got one more quick break and we'll come back and wrap this one up all right hang tight everybody will be right back.

00:47:29.400 --> 00:47:38.010 you're listening to talk radio nyc at www talk radio dot nyc now broadcasting 24 hours a day.

00:48:03.300 --> 00:48:13.530 Jeremiah Fox: Alright, I wanted to hop right back on that for a minute, because this did come up in conversation, and I think it's really, really important, just as my advice to business owners, especially those that are scaling and ramping up.

00:48:14.070 --> 00:48:28.200 Jeremiah Fox: I is is having those policies in place systematized the same way, you would your production, so if you're a coffee shop and you've got systems for like how copy is made and what happens when somebody orders and.

00:48:28.770 --> 00:48:35.850 Jeremiah Fox: All those things go and that's what allowed you to open multiple locations and replicate that you're going to have to have the same in place.

00:48:36.210 --> 00:48:46.740 Jeremiah Fox: For employee communication or whether it's covered related whether there's so many incidents that can happen between employees employees and middle management like at all like.

00:48:47.070 --> 00:48:51.390 Jeremiah Fox: And you have that you have to systematized and have procedures in place for that.

00:48:51.990 --> 00:48:58.590 Jeremiah Fox: Just as much as you do, you know you have to have that, for your employees the same way, you have that, for your customers.

00:48:58.860 --> 00:49:06.480 Jeremiah Fox: If you if you want to scale and expand and, as you pointed out earlier that's the good portion at least of what you do where you're you're providing.

00:49:06.810 --> 00:49:19.410 Jeremiah Fox: Employers with frameworks for that so they it really comes down to confidence yeah if you're confident speaking to your employee, knowing that there is a clear path to resolution.

00:49:19.890 --> 00:49:21.450 Jeremiah Fox: you're going to be much more open.

00:49:21.960 --> 00:49:26.790 Jeremiah Fox: Right in the discussion you'll be more open to feedback you'll feel at liberty to speak.

00:49:27.240 --> 00:49:35.430 Jeremiah Fox: More openly with them, and vice versa, if they have a certain level of expectation of what the outcome is going to look like.

00:49:35.880 --> 00:49:46.860 Jeremiah Fox: they're going to feel more confident speaking with you coming to you with the situation, allowing you all to work it out amongst yourselves and not end up in a situation where you're being sued by an employee.

00:49:47.250 --> 00:49:51.930 Jeremiah Fox: Because even just that that that you know that letter sucks you're like Fuck you know, like even if.

00:49:51.930 --> 00:49:53.250 Jeremiah Fox: nothing happens it just like.

00:49:53.730 --> 00:50:00.450 Jeremiah Fox: And if it comes up like a bad time where you're already having a bad day you can it can put you can tip the tip the scales in the wrong direction.

00:50:00.780 --> 00:50:10.530 Jeremiah Fox: um and I really think it comes down to like that expectation that Okay, I know there's something in place here just the same way when employee comes into work, they know Okay, I know what I have to do today.

00:50:10.560 --> 00:50:13.440 Jeremiah Fox: Right there's no guesswork when it's when it's ad hoc.

00:50:13.470 --> 00:50:13.920 Eric Sarver, Esq.: And it's just.

00:50:13.950 --> 00:50:20.070 Jeremiah Fox: kind of like we've all we've had too much of that too much of like okay ad hoc regulation, as this ad hoc that you.

00:50:20.070 --> 00:50:21.750 Eric Sarver, Esq.: know too much drinking too much.

00:50:21.780 --> 00:50:23.370 Eric Sarver, Esq.: yeah pretty much.

00:50:23.850 --> 00:50:37.020 Jeremiah Fox: yeah put so much stress on the situation and both parties and I i'm a firm believer and having that that that needs to have the same weight in your company, as your procedures for like producing whatever it is that you produce.

00:50:37.110 --> 00:50:45.120 Eric Sarver, Esq.: Absolutely hundred percent sure my I wish I, if I can like we couldn't play back and soundbite and record this part to my son my clients like to be great to hearing it from that.

00:50:45.120 --> 00:50:46.980 Jeremiah Fox: We will we will all cut that out for you.

00:50:47.250 --> 00:50:48.210 Jeremiah Fox: Oh, there you go yeah.

00:50:48.450 --> 00:50:49.110 Eric Sarver, Esq.: Are they doing there.

00:50:49.140 --> 00:50:59.370 Eric Sarver, Esq.: yeah but no I think it's such a good point as an appointment, I said, all the time it's like if you if you have clear policies in place that are based on laws in place, what you have to do.

00:50:59.700 --> 00:51:06.900 Eric Sarver, Esq.: That are sensible and laid out in advance, it says expectations for both parties right for employers and employees, you know.

00:51:07.200 --> 00:51:16.890 Eric Sarver, Esq.: Okay, this is what's expected of me, this is what I expected return, these are my rights and he's my responsibilities and that goes both ways, these are my rights as an employer and responsibilities as an employee.

00:51:17.190 --> 00:51:25.410 Eric Sarver, Esq.: Or, these are my rights as an employee, and these are my responsibilities to my job, and what I have seen is that over I do this now for 23 years.

00:51:26.700 --> 00:51:30.030 Eric Sarver, Esq.: Oh yes, the training 23 years on January can't believe remarkably.

00:51:30.090 --> 00:51:32.160 Jeremiah Fox: We all lost we lost a couple years.

00:51:35.220 --> 00:51:39.510 Eric Sarver, Esq.: Two years a coven no one giant like Jen September.

00:51:41.400 --> 00:51:42.930 Eric Sarver, Esq.: 2021 to 20.

00:51:43.290 --> 00:51:45.060 Eric Sarver, Esq.: But you know what I say is like.

00:51:45.090 --> 00:51:57.270 Eric Sarver, Esq.: it's so true that you know these parts of it should be systemized and documented in writing and that's why I, one thing I will discuss that maybe a nice segue joke you mentioned yesterday, what kind of advice I give to.

00:51:57.930 --> 00:52:07.260 Eric Sarver, Esq.: Businesses to do well today it's that he needs to have updated employee handbook for two reasons, one, the reason Jeremiah just pointed out, I think, very elegant very communication.

00:52:07.770 --> 00:52:14.610 Eric Sarver, Esq.: People know their expectations like with respect to them easier to resolve employee disputes, right here in the handbooks eight we've been through this I can trainings.

00:52:15.720 --> 00:52:23.940 Eric Sarver, Esq.: Also, some of the new law that require you to to communicate in writing, some of these policies like, for example, what is your.

00:52:24.930 --> 00:52:32.850 Eric Sarver, Esq.: Safety protocol around infectious disease has any in in HR policy or employee have a great, what is your covenant team policy around.

00:52:33.630 --> 00:52:39.300 Eric Sarver, Esq.: vaccine mandates and religious objections has to be in writing so we're codified in your it could be.

00:52:39.810 --> 00:52:48.870 Eric Sarver, Esq.: Written policies or procedures, it could be in your written employer offer letters, but made with new plan look like the Bible, you know as a business and.

00:52:49.230 --> 00:52:51.750 Eric Sarver, Esq.: I think the other point you made it right before that Jeremiah just.

00:52:52.350 --> 00:53:04.470 Eric Sarver, Esq.: it's that if you're scaling right, we might scale and so many other areas you scale operationally you scale in terms of what people have to do you know the clock in clock out procedures and so why wouldn't you scale in an area.

00:53:04.980 --> 00:53:11.550 Eric Sarver, Esq.: As Labor and employment law where it's so it's such a potential mindful of filled landmines right, you know.

00:53:12.180 --> 00:53:21.930 Eric Sarver, Esq.: There are so many like trip, mind you can step on a landmine explodes and that explosion, maybe not going to lose a leg, but you will lose a lot of time, energy and money.

00:53:22.380 --> 00:53:32.250 Eric Sarver, Esq.: In hiring me as attorney like you save money, hiring me to do some compliance work and proactive measures than the jaime's offend you in a class action suits are 126.

00:53:32.460 --> 00:53:37.470 Eric Sarver, Esq.: Employees against you or eight name planners against you, as a company, you know or.

00:53:37.860 --> 00:53:47.130 Eric Sarver, Esq.: Fighting the Department of Labor because summer Father complaint that they may not have file think if they had records with you and you had gone to them and said Okay, let me explain how this works.

00:53:47.460 --> 00:54:00.060 Eric Sarver, Esq.: And if you have an issue we can discuss it so really important thing to scale, not to neglect your employment law, you know, and again I think employment law attorneys and HR professionals like work well together it's a great combination have encoder and.

00:54:00.090 --> 00:54:03.150 Jeremiah Fox: Even all that aside what I found lately.

00:54:03.210 --> 00:54:14.790 Jeremiah Fox: is like hiring someone like you just gives me peace of mind, so I can rest get quality sleep, because you know you try to tackle these things sometimes yourself, especially if you're small.

00:54:15.000 --> 00:54:17.610 Jeremiah Fox: You like your wear all the hats, you know, like okay I gotta figure this.

00:54:17.610 --> 00:54:18.540 Jeremiah Fox: out I gotta handle this.

00:54:18.630 --> 00:54:20.190 Jeremiah Fox: And you're ready to bed at night you're like.

00:54:20.400 --> 00:54:22.710 Jeremiah Fox: it's really a non issue, but you make.

00:54:22.800 --> 00:54:34.500 Jeremiah Fox: A you know the ant hill into a mountain yourself, because you do because of your own ignorance we're all you do, you make a phone call and you're like a cost you a few hundred bucks here like, how can I get to sleep tonight it's like I just stayed in a five star hotel like.

00:54:35.790 --> 00:54:39.210 Jeremiah Fox: Like i'm not i'm really not exaggerating it's it's offered me such a peace of.

00:54:39.210 --> 00:54:39.600 Jeremiah Fox: mind.

00:54:39.900 --> 00:54:52.950 Jeremiah Fox: And I think I think it's really important like know your know your lanes, as they say, you know, like the things that you know commit to heart, yes, do it, you know just take care of yourself, but when you start to get into the dark stop trying to be like Superman you know.

00:54:53.160 --> 00:54:53.730 Jeremiah Fox: Just like.

00:54:53.760 --> 00:55:05.040 Jeremiah Fox: pass that baton and because there's so you got more you got more fires coming your way that's for sure you know, and you and you just if you spread yourself too thin you're not going to be effective in handling any of it.

00:55:05.940 --> 00:55:10.680 Eric Sarver, Esq.: I think I think you know i've been saying that, for years, and I see myself as well right, I mean i'm an employment law.

00:55:11.100 --> 00:55:12.030 Jeremiah Fox: Unless it was all.

00:55:12.300 --> 00:55:18.960 Eric Sarver, Esq.: Right exactly I live and eat live and breathe employment Labor law business law in my day to day my job I don't do tech, I mean i'm.

00:55:19.440 --> 00:55:25.350 Eric Sarver, Esq.: Not super tech savvy and you know, like if someone like someone taught me how to maybe do some my own it.

00:55:26.220 --> 00:55:34.530 Eric Sarver, Esq.: Could I figure it out yeah i'm sure we take a lot of learning and time and frustration and pulling my hair out what's left of it, you know just trying to get everything together.

00:55:34.770 --> 00:55:41.790 Eric Sarver, Esq.: yeah it definitely would so I leave that to the people that enjoy love doing that they talk and text speak I ask them to please.

00:55:42.030 --> 00:55:47.970 Eric Sarver, Esq.: clarify they did they try to clarify say you clarify some more and then one of my tech, I think, is really good he says.

00:55:48.270 --> 00:55:53.490 Eric Sarver, Esq.: Think of it as as it gives gives a metaphor Okay, can this is like a building, and this is this the top floor and that's.

00:55:53.910 --> 00:56:06.810 Eric Sarver, Esq.: You know, like the window we're taking care of it, the lower level windows before we get to okay that makes sense to me, you know, so I say the same thing, I mean you know, like, I have a bookkeeper me, can I can do my taxes, but I hate.

00:56:07.110 --> 00:56:07.350 To.

00:56:09.150 --> 00:56:10.470 Eric Sarver, Esq.: deal with like a juicy issue.

00:56:10.650 --> 00:56:18.270 Eric Sarver, Esq.: You know your employees are saying, you have to think of employees complaining one says, I will come to work if there's a match mandate you know.

00:56:18.600 --> 00:56:28.950 Eric Sarver, Esq.: vaccine met another one says, I will come to work if there is not one because I feel unsafe my anxiety is triggered i've exhausted disorder and I need a combination of that disability and then you're pulling it.

00:56:29.370 --> 00:56:36.180 Eric Sarver, Esq.: Like you said you pulling your hair out you're trying to read eeoc guidelines which the guidelines can be 20 to 30 pages long, you know.

00:56:36.390 --> 00:56:42.510 Eric Sarver, Esq.: And I know what to skip through I go through that I say Okay, these three pages are the setting things up, because this.

00:56:42.900 --> 00:56:50.430 Eric Sarver, Esq.: was already in I just got like it's on page 20 page 28 and the first paragraph, you know when people say how'd you read this of as i'm like.

00:56:50.700 --> 00:56:59.730 Eric Sarver, Esq.: I know what i'm reading like a settlement agreement, I know what the whereas clauses are I know it's going to say you know, so I think, and you know i'm sure you reveal to you know uh you know what to do.

00:57:00.570 --> 00:57:08.400 Eric Sarver, Esq.: Whereas if I tried to do what you do I probably put in a night i'd be like I can't, how do you handle this you know so that's a really important point Jeremiah yeah.

00:57:08.430 --> 00:57:18.450 Jeremiah Fox: It really is and and scaling is all about delegation to you know my my my first employees and mentors he's been on the show many times, he always asked me how do you how do you give 1,000%.

00:57:19.050 --> 00:57:31.440 Jeremiah Fox: It comes down to delegation, you know you can do your hundred but that's it after that, as you said earlier, if your hands are tied, so you got to pass out the time all right, we got to wrap it up man Thank you so much for coming on again.

00:57:32.580 --> 00:57:41.550 Jeremiah Fox: Eric does this every Tuesday at five he's got great guest he's brought on some of my friends as well and he's always chewing the fat on this stuff it's a wealth of.

00:57:41.850 --> 00:57:49.890 Jeremiah Fox: information and knowledge to check him out to stay is five to 6pm on talk radio dot nyc otherwise where can people get in touch with you, if they'd like to.

00:57:50.970 --> 00:57:52.800 Eric Sarver, Esq.: Get back to say as a great great question, thank you.

00:57:54.000 --> 00:57:59.940 Eric Sarver, Esq.: guys have been an issue with the vaccine mandates like employment law coven 19 or anything else I need to get in touch with me.

00:58:00.510 --> 00:58:15.780 Eric Sarver, Esq.: You can reach out to me by by phone at 917-930-8684 is the best number to reach me at on the loft there again sorry my email Ms at sarver law firm calm, as they are the era of the w.

00:58:16.080 --> 00:58:30.990 Eric Sarver, Esq.: Fo rm COM, or you can just Google me also like in my website will come up and some some publications i've done some all these different things and you'll find me so but yeah having out prior to this Defense compliance or that is done how about your audience today i'm.

00:58:31.320 --> 00:58:35.670 Jeremiah Fox: I definitely think you did with code and beyond, so thank you so much, just some.

00:58:35.670 --> 00:58:36.180 Eric Sarver, Esq.: breaking up.

00:58:36.510 --> 00:58:43.920 Jeremiah Fox: And there will definitely be some post production will rip out some of those bites i'll get you that one file, we can send it out to the world.

00:58:44.760 --> 00:58:45.180 Jeremiah Fox: Thank you.

00:58:46.200 --> 00:58:46.650 Eric Sarver, Esq.: today.

00:58:46.740 --> 00:58:56.070 Jeremiah Fox: Happy Thank you happy Friday everybody have a great weekend we're out for a couple weeks because of the holidays will catch you go first week in January, have a great holiday peace out.

00:58:57.210 --> 00:58:57.630 Eric Sarver, Esq.: here.

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