Will Fast Food Companies Finally Be Liable for Unfair Labor Practices? [e107]
Nasir and Matt talk about the possibility of a law being changed to make franchisors liable for unfair labor practices. They also answer, "I am the sole managing member of a Delaware based LLC. Recently, I was engaged by a company to do consulting work. They requested that I fill out a Federal Form W-9. According to the instructions in the form, my single member LLC is considered a "disregarded entity" and the W-9 instructions instructed that I should use my social security number as the Taxpayer ID number instead of my FEIN. Does this mean that the payments will be considered direct to me and not through my business? Am I losing any of the "limited liability" benefits of the LLC this way?" Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. Welcome to the program and my name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: Matt Staub welcoming a new beard, actually. So, we’re going to have to change our podcast logo. Thanks a lot. MATT: Oh, there’s a decent chance that, by the time this comes out, I will have shaved it because I’m already sick of it so we’re, like, right in that danger zone where I can’t handle it anymore. It happens, like, once or twice a year so it’s usually around this time of year because I just actually had lunch with someone this week who, the last time I saw, the exact same thing was happening. So, as far as he knows, I just have a terrible beard year-round. NASIR: Year-round, yeah. No, I think what we’ll do is we’ll change the logo and you’ll just have to match what the logo is. We’ll have fun with it. MATT: Yeah, that’s fun. NASIR: I’ll change it up every once in a while. I’ll make it a half-beard on half your face and see how you respond. MATT: Uh, it wouldn’t be the first time I’ve done that, actually. NASIR: Okay. MATT: I had a half-beard once, just to mess with people, and some people didn’t even notice. It was kind of, you would think, but… NASIR: Oh, yeah, it takes a while for you to grow it in but I remember a TA back in college had a neck beard and what was funny is that my roommate and I were like, “Man, wouldn’t it be funny if we just grew neck beards?” and, like, a month later, literally, our TA had just a beard on their neck and shaved everywhere else – very strange. It was thick, too. Like, he’d probably be growing it for a few months, at least. MATT: Some people like it. NASIR: That was astronomy. MATT: Sounds like astronomy. NASIR: Yeah, astronomical. MATT: Well, to kick off the week, we have a story, I guess it deals with fast food companies. The focus is a little bit on McDonald’s but it’s probably just because they’re the leader in this, I would think, in terms of number of employees. So, McDonald’s, Burger King, Taco Bell, and a bunch of other fast food companies are actually franchises and so there’s this law that’s been in place, I think it’s about thirty years old now, it was a case, a legal ruling that basically said that, you know, these bigger companies – McDonald’s, Burger King, Taco Bell, et cetera – can’t be liable basically for unfair employment practices, (00:02:29 unclear) of workers of the companies if it’s not directly in-charge of hiring and firing. Like I said, it’s all done through the franchisees and then you have the companies overrunning everything. So, I think they’re looking to change this, this would be a big change. I think it would be – well, I don’t want to give my opinion yet, I haven’t decided how I want to go on this – I was going to say it’s a good thing but I could see it being a bad thing, too. NASIR: Are you holding it for suspense? MATT: No, I’m holding it because I don’t know which way I’m going to lean on this because it’s definitely a good thing in terms of the employees but, at the same time, first of all, I don’t even go to fast food places so it’s not...