What to Expect When ICE Knocks on Your Door

June 28, 2017

The CRA has been receiving an increased number of calls from employers that have received a visit from ICE agents or who are concerned about what to do when/if they do receive a visit.

We thank Hans Meyer and Julie Gonzales of The Meyer Law Office for conducting a free seminar designed to give you an update on what to expect, what your rights as an employer are and how to comply with immigration laws during the hiring process.

This presentation covered:

•Background: Trump administration immigration enforcement policies
•I-9 Audits – The process & the consequences
•Social Security “No-Match Letters”
•What you have to do if confronted by an “ICE RAID”
•What you can do for before an ICE raid occurs
•What you can do for employees who have been “picked up” Immigration court 101
•Recent Scenarios
•Question and Answers

Some Handout Materials from that seminar are found below.
Know your Rights for Employers Presentation
Redacted Notice of Inspection Letter from ICE
Redacted DHS Subpoena
Redacted DHS Administrative Warrant
Employer – Know Your Rights

And in case you need an updated I-9 Form, you can get it HERE

If you have any questions about this content, contact the CRA Office 303-830-2972. Or contact The Meyer Law Office, PC for more information specifically on Immigration Law.

Music is Instrumental in Providing “Sociability” for Businesses

June 22, 2017

By BMI | originally published in Food & Beverage Magazine June 2017 —

A vibrant nightlife is important. In fact, it’s like money in the bank for cities everywhere. Between tourists, conference-goers, and regular locals, people like places that promote “sociability” and that’s where they like to spend their hard earned cash. And when you think of the term “sociability,” what comes to mind? That’s right. Places to eat, drink and listen to music.

The Responsible Hospitality Institute (RHI), a private, non-profit organization founded in 1983, is one of the leading sources for events, resources and consultation services on nightlife. At their recent summit in Austin, Texas, one of the primary focuses was on the value of music. During the presentations, which included “Make Live Music Thrive in Your City,” the facts couldn’t be stated enough:

“Live music draws tourists, attracts new residents and provides an authentic cultural experience. A city can achieve global recognition for its local music. But it also has concrete benefits for the local economy. The music industry generates tax revenue and creates jobs. Hotels, restaurants, and taxis also indirectly benefit from music fans.”

The beauty of this statement is that the power of using music not only applies to cities, it also applies to small businesses that can become destinations as well. People have to eat and drink, that’s a fact. But they do have a choice of where – and music can be a deciding factor. No matter where a business is situated, the way it sounds is important.

BMI represents songwriters because we, too, love music and what it adds to our culture. Over the past 77 years, the Company has seen how our affiliates’ work has been the soundtrack to the exuberant highs and lows that bring people together as a community. These 750,000 music creators come from small towns, big cities and everywhere in between, all with the same goal in mind – to create music that reaches people and makes their day a little brighter, and a lot more “sociable.” What other commodity can provide all that?

So, ask yourself what it would be like to have the radio go silent, the Internet stripped of its music and the themes of any TV show or movie removed. Pretty bleak. Fortunately, we, like the customers of bars and restaurants, have a choice. We can continue to support music creators, and in doing so, support ourselves and the businesses we run.

For more information on how to obtain a BMI music license, please visit bmi.com or call a BMI representative at (800) 325-1395.

Study Shows Minimum Wage Hikes Could Push Low-Pay Workers Away

June 21, 2017

File this under O RLY – A new study from CU Boulder finds that raising the minimum wage could push low-pay workers away. Quoting the study author, “By making low-skilled workers more expensive, there is the potential for employers to use fewer workers, switch to slightly higher-skilled workers or exchange capital technology—such as self-serve kiosks—for low skilled workers.” That is consistent with what CRA members told us last year during the minimum wage fight. Read the full story here.

 

+ And read how San Diego’s quick and steep rise in minimum wage is having an effect on restaurants in that city.

+ Another study from the University of Washington looks at the implications of higher minimum wages on hours for low wage workers. To read more about this study, click here.

2017 NRA Show Presentations Available

June 21, 2017

What’s that you say? You can’t wait for all the amazing educational opportunities at the upcoming Colorado Restaurant Show in October? Get a quick fix and review the presentations from the 2017 NRA Show. They included topics from Cybersecurity to Cold Brew Coffee and everything in between. Then mark your calendar for October 9-10 for the Colorado Restaurant Show at the Colorado Convention Center where you can join your fellow restaurateurs in learning the latest trends in technology, business operations, workforce development and more. And stay tuned for the announcement of our killer keynote speaker this year, we think you’ll be impressed!

Service Animals in Your Restaurant

June 20, 2017

Every year, as the weather gets warmer in Colorado, restaurants are confronted with the familiar issue of people bringing their pets with them into a restaurant. In Colorado, the food code doesn’t allow restaurants to permit animals inside of their restaurant unless the animal is a service animal. Because of that, it becomes the responsibility of the restaurant to determine if a dog is a service animal.

How can a restaurant determine if a dog is a service animal? Short answer, the animal must be a dog or a miniature horse. No other animal qualifies as a service animal under the American’s with Disabilities Act (ADA).

If it is not easy to identify that the animal is a service animal, the business is allowed to ask only two questions per the ADA:

  • 1.  Is the animal required because of a disability?

 

2.  What work or task has the animal been trained to perform?

 

If the customer responds in a way that even seems appropriate, the restaurant must and should allow the individual in with their service dog. The customer must maintain control of the animal at all times, and must not allow the animal to contaminate any foodservice surfaces. If the animal is running around the establishment, going to the bathroom on the floor, begging for food from other customers, or sitting on the table and the owner is not controlling the animal, the business has the right to ask the individual to leave. According to the health department, if they witness an animal acting like this in a restaurant and the business doesn’t control the situation or ask the customer to leave, that would be a violation of the health code, even if it was a service animal.

 

TIPS FOR SUCCESS!

  • DO NOT ask about the customer’s disability! Doing so could put your business in trouble.
  • Inquiring into the validity of a service animal should be done by an individual who is a supervisor or a manager. Getting this inquiry wrong could put the business in trouble.
  • If there is even a small chance that the animal is a service animal, act as if it is. If a business gets it wrong and doesn’t allow someone to enter with a service animal, the business will be in violation of the ADA.
  • Psychiatric Service Animals ARE service animals.
  • Emotional support animals ARE NOT service animals.
  • Therapy animals ARE NOT service animals.
  • Service animals DO NOT need to wear a vest or have “paperwork” to verify they are a service animal.
  • Service animals DO NOT need to be on a leash if the use of a leash will interfere with an individual’s disability. However, the individual must maintain control of the animal.

 

*This information is meant to be educational and not legal advice. If you have specific questions or need legal advice on this topic, please call 303-830-2972 and we will help get you the support you need.

DOL Withdraws Joint Employer Guidance – A Win for Restaurants and Business Groups

June 14, 2017

The Department of Labor rolled back the expansion of the joint employer rule. Here’s why it’s good news. Before, one business could be held liable for employment and civil rights violations at another company. This would apply to businesses who hire subcontractors to do a job. It’s also important to companies that engage in franchising and could protect them from costly litigation. Read more here.

Dogs on Patios – OK in Denver, Not OK in the Rest of the State

June 7, 2017

It is that time of year again. Summer is here and customers want to start sitting outside, but can they bring their dog with them? In Denver, the food code does allow for dogs to be on patios with specific requirements. Those requirements are:

  • Patio must have access that does not require the dog to walk through the restaurant.
  • Signs must be posted identifying that dogs are allowed on the patio with one sign posted in a conspicuous location visible upon entrance to the inside of the restaurant.
  • Patios over 400 square feet must have a non-dog friendly area and both areas must be clearly designated with signs.

Outside of the City of Denver, the food code doesn’t allow for dogs to be on patios where service is happening…unless a restaurant has gotten a variance. A few restaurants in the state have done this quite successfully. If an establishment outside of Denver would like to have a dog friendly patio, they can try to request a variance from the State Health Department. If this is something that you would like to pursue, please contact Nick Hoover (303-830-2972) for assistance.

 

+ Please note – Service animals must be allowed anywhere that a customer is allowed to go.