How We Can Reduce the Food Waste Problem

 

How We Can Reduce the Food Waste Problem

What are rotten tomatoes? The movie enthusiasts will tell me that Rotten Tomatoes is a great movie reviewing platform. When filmmakers release a movie, they keep a close eye on their Rotten Tomatoes score. But, rotten tomatoes, rotten food, and other food waste equate to 8% of global greenhouse gas emissions. This means that if we want to tackle global warming or clear up landfills, then we have to stop throwing food away. The biggest source of throwing food away does not come from you as a consumer, the largest waste of food comes from those who are selling food.

During the wholesale and retail process, a significant amount of food gets dumped. A British grocery chain named Tesco announced the other day that they want to reduce the amount of food that they throw away from off the shelves by 27%. They throw the food out because it is expired or for some other reason considered uneatable. I have two thoughts about this.

How We Can Stop It Food Waste

We all know that there are emission certificates out which allow companies to continue to pollute the air but flash a meaningless certificate around to pretend like they don’t. How about we give away real food emission certificates. If a company wants to get rid of food, then they are not allowed to throw it away but rather to give it to a shelter or to other places where they can still use the food. They can also pay emissions equivalent to that so that the organizations are funded. There’s a win-win. 

Those places like shelters who rely on donations get their food and they get funded by the emissions certificates. It’s a brilliant idea, I’m not sure that I’ve heard it before. If you have heard it before, shoot me the information because I would like to follow up and see what happened with that idea. In the meantime, eat healthy, stay healthy, and take care.

-  Reinhard von Hennigs

This video was transcribed from Reinhard von Hennigs Morning Musing on 9/24/2020. You Can watch that video here.

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Analysis of IRS Guidance for President Trump’s COVID-19 Payroll Tax Holiday

 

Analysis of IRS Guidance for President Trump’s COVID-19 Payroll Tax Holiday

Following the failure of Congress to pass the most recent round of COVID-related economic stimulus, which has still not occurred, President Trump, by executive order, postponed the collection and remittance of Social Security taxes withheld from employees’ checks. This Social Security tax amounts to a 6.2% withholding from the employees’ pay, which is matched by the employer, for a total of 12.4%.

 

On August 28, 2020, three days before the executive order became effective, the IRS published a brief guide outlining the method, scope, and timeframe for repayment of the postponed withholding – which, while delayed, is still ultimately due unless Congress forgives repayment.

 

As to scope, the Social Security tax holiday applies to all pay dates between September 1, 2020, and December 31, 2020. Further, on a bi-weekly pay period basis, the tax holiday applies to any employee paid less than $4,000.00 for each specific pay date. Evaluation of applicability is to be completed for each pay date – meaning pay for one pay date does not determine applicability for another pay date. For example: if John is paid $5,000.00 on October 1, but is paid $3,000.00 on October 15, the tax holiday applies to the October 15 pay date, but not October 1.

 

Importantly, all deferred Social Security taxes must be repaid in the first four months of 2021 through pro-rata allocation of any and all taxes that should have been withheld between September 1 and December 31.

 

How it will be in 2021

Many commentators have noted that, if current guidance holds, employees will experience smaller paychecks during the first four months of 2021 to repay the deferred tax. Additionally, as is typically the case, the employer is liable for any Social Security tax not paid – meaning the employer is responsible for the tax deferral for all employees, including those that leave the company prior to a repayment.

 

Critically, the IRS guidance does not include an enforcement mechanism for employers deciding to continue traditional withholding. As such, employers should carefully consider the impact of either undertaking the Social Security tax deferral or not. Relatedly, employers should counsel employees as to the benefits and risks of utilizing the tax holiday – specifically, the pay reduction in the first four months of 2021 that will lower employee checks.

 

While the IRS guidance implies that the employer has the ability to elect to defer employees’ Social Security tax, the employee does not appear to have any right to force the employer to defer the tax. With that said, in the event the employer elects to participate in the tax deferral program, an employee “opt-out” election is not expressly prohibited or otherwise addressed.

 

If you additional questions or need assistance counseling your employees on the ins and outs of this tax deferral program, please contact our office here.

 

Remembering Ruth Bader Ginsburg

Notorious RBG. Today’s Musing will not start with a question. Usually, I would say something like “who is the notorious RBG?” but that would not be right because we all know who Ruth Bader Ginsburg is. As the Associate Justice to the United States Supreme Court, she touched so many hearts and to my surprise, she was even known by my children when we talked about her over the weekend.

 

RBG touched so many lives because she was different, she was smart, intelligent, and she had strong opinions. In the end, it did not matter if you agreed or disagreed with her. It was nice to see the friendship develop between her and Antonin Scalia who is on the opposite side of the political spectrum as her. Together they shared interests such as the opera and more. What I am Musing about today is the fact that we all may believe that at this time, the interest of people is to make sure the political opinions are properly heard at the Supreme Court.

 

When I attended a lecture by an American law and European law scholar and professor some time ago, he said near the end that you would think that the Supreme Court would be political, but they are not. Only very few opinions are made on the political lines. We have seen Chief Justice Roberts change his opinion more than once when it comes to siding on particular topics, however, I don’t think he changes his opinion and always stays true to himself. So was RBG, she always stayed true to herself and what she believed in and it is a tremendous loss for the community. In the end, justice will continue, I am just curious to see how the new Supreme Court will shape out.

 

This article was a transcription of a Morning Musing that can be found here.

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Traveling to the U.S. Just Became (Slightly) Easier!

 

Good News – Traveling to the U.S. Just Became (Slightly) Easier!

On Monday, September 14^th, U.S. Customs and Border Protection (CBP) handed down some truly promising news relating to air travel and general travel to the U.S.: effective immediately, restrictions on arrival destinations are terminated, thus allowing airlines to begin more regular flights and flight destinations.

For background, along with the travel bans from many areas of the globe, including China, the United Kingdom, and countries in the Schengen Area, any arriving flights from such areas were directed to a few U.S. airports to limit arrival options for containment and public health screening purposes. While larger airports in New York City, Chicago, Los Angeles, and others were allowed to receive flights from restricted overseas areas, cities such as Charlotte could not.

CBP’s September 14^th action will end these restrictions, which is a positive sign that international travel may be moving in the direction of more normalized operation.

Unfortunately, the related travel bans from the above areas and others, remain in full force and effect. This means that while an individual present in a Schengen Area country can now fly directly to any U.S. city with a direct flight, he or she must either (i) “quarantine” for 14 days in an area not subject to U.S. travel bans, or (ii) seek and receive approval for a national interest exemption (NIE) waiver.

If you have questions about how to obtain an NIE waiver, please contact our firm.

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The False Perception of a Company's Profitability

 

The Profit of a Company: Expectations vs Reality

What do you think is the average profit of a company? A management advisory company conducted a survey by asking people in the streets this same question. The people surveyed believe that the profit of a company is 22.8%. In other words, if your company makes $100 in revenue, taking away all of the expenses, your profit is $22.8.

In Germany, the reality is 3.4%. The global standard is approximately in the 7% area, so a company that has a 10% profit is rare, almost. Why is there a misconception? Could it be culturally? People just think that businesses must be profitable because why would someone be an entrepreneur otherwise? Or is it that the lack of information plays a role? Or could it be that the PR of companies speak a different language? Companies are very happy about their sales. Volkswagen vs Toyota, who is able to sell more cars? That’s a big discussion, but profit seems to be secondary. If you are the largest selling company, then you must be doing good.

Profit For German Companies

Why is profit in Germany so bad compared to other countries? 3.4% compared to something in the neighborhood of 7% globally. I believe a lot of it has to do with the German desire to provide top quality. The made in Germany sticker has a price, not only to you as a customer who pays more, but also to the company who loses some of their profit to ensure the quality. So, it is no surprise that Toyota’s revenue is double the amount of Volkswagen’s revenue. What does this mean for you? If you look for quality, buy quality, but if you look for buying shares, but a different one, probably one with higher profitability.

This video was transcribed from a Morning Musing from our YouTube Channel. To see the video, click here.

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What can the $20 Million Lowe's Lawsuit Teach Other Businesses

 

What can the $20 million Lowe's Lawsuit Teach Other Businesses

A lawsuit was filed recently against Lowes seeking $20 million USD in damages. This case shows how easily even a high-level corporation can run into trouble in these difficult times.

So, what happened?

At a Lowe's store in California, a customer encountered a man on the same aisle but not wearing a face mask. Out of concern for his health and the health of others, the customer asked the man to put on a mask. Since the customer had underlying health conditions, it is understandable that he was taking the executive order seriously and wanting others to do so as well.

According to the lawsuit, the customer asked the man multiple times to wear a mask. When those requests failed, the customer went to a Lowe's employee and asked him to do address the unmasked man. The Lowe's employee did nothing. Upon the Lowe’s employee’s failure to intervene, as the customer was calling the police, the maskless man spat in the customer’s face four times in rapid succession. As such, the customer is now suing Lowe's for not properly protecting its customers by allowing a maskless man into its store.

What can you as a company do to protect yourself from liability in lawsuits?

The lawsuit demonstrates that whatever steps Lowe’s had taken previously regarding in-store safety and mask-wearing, those procedures appear to have broken down to the point that the lawsuit states that, effectively, Lowe’s had NO policy. If Lowe’s had such policies and protocols in place, a relevant question is whether the employee followed such policies and protocols.

The takeaway is that businesses must have rules and procedures in place for a myriad of difficult situations in these trying and stressful times. Specific to mask-wearing, it is critical to have a coherent policy in place. Once you have those procedures in place, you must clearly communicate them to every employee and train for and practice them. Doing this is an excellent way to limit conflicts and the potential for future liability.

With COVID-19 still very prevalent, the last thing that any business needs a lawsuit. Be sure to have rules and procedures in place for COVID-19, as well as any other situation that could possibly result in a lawsuit.

In conclusion 

An unmasked man went into Lowe's and spat on a customer attempting to protect himself and others. The customer alleges that Lowe's failed to have proper protocols in place to stop unmasked individuals from entering the store and then to protect other customers upon entering the store. It is critical for businesses to document the policies and procedurals put into place, and also critical to ensure that employees are equipped to implement and execute on such policies and procedures. If you have any further questions, contact BridgehouseLaw.

This article was inspired by a Morning Musings video. To watch it, click here.

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Updated US Travel Restrictions

 

State by state and International Travel Restrictions

The United States Department of State (DOS) recently lifted it's global “do not travel” advisory. Since travel restrictions have been decreased, this means that US non-essential workers can travel internationally to locations that are deemed “safe”. Naturally, not every country is deemed “safe”, and DOS is now ranking countries individually by levels 1-4 based on how each country is addressing COVID-19.

International Travel

If you do plan on traveling internationally, also remember that many places have a ban on American travelers, including the EU. Returning US travelers and others authorized to enter the US will be limited to certain airports for arrival from overseas. Those airports include:

• Hartsfield-Jackson Atlanta International Airport - Georgia

• Boston-Logan International Airport - Massachusetts
• Chicago O’Hare International Airport - Illinois
• Dallas/Fort Worth International Airport - Texas
• Detroit Metropolitan Airport - Michigan
• Daniel K. Inouye International Airport - Hawaii
• Fort Lauderdale-Hollywood International Airport - Florida
• George Bush Intercontinental Airport - Texas
• John F. Kennedy International Airport - New York
• Los Angeles International Airport - California
• Miami International Airport - Florida
• Newark Liberty International Airport - New Jersey
• San Francisco International Airport - California
• Seattle-Tacoma International Airport - Washington
• Washington-Dulles International Airport - Virginia

State by State Travel

When traveling domestically, remember to recognize and adhere to each state’s rules. States have tried their best to balance controlling the outbreak of COVID-19 and reopening their economy, all to different degrees of success. Each state has its own ways of handling out-of-state travelers when screening for COVID-19. Some states, like New York, have very strict restrictions when traveling into the state from outside the state; others, like California, have no statewide travel restrictions. New York, for example, has created a list of several dozen “hot spot” US states – any travelers from or passing through those states may be subject to a mandatory quarantine period before being allowed to enter New York.

Strict States for outside travelers

Of the states listed with airports open for returning US travelers, many states require a similar 14-day self-quarantine period upon arriving in the state if from a state or country deemed “high risk”. Many of those states also have severe fines and even jail time for those who do not self-quarantine. Those places that require a 14-day quarantine include:

• Washington D.C.
• Hawaii
• Massachusetts (or show proof of a negative test taken within 72 hours)
• New Jersey (also travelers must fill out a survey)
• New York (police have checkpoints to make sure people are obeying the self-quarantine rules)

Lenient States for outside travelers

The remainder of the states with designated screening airports open for returning US travelers do not have statewide restrictions, though it may vary per city or county. For example, Illinois does not have any statewide quarantine rules for travelers, but in Chicago, travelers from “high-risk” states must self-quarantine for 14-days if they stay in the city for more than 24 hours.

For any additional information about travel restrictions or legal counseling, reach out to us via social media or at charlotte@bridgehouse.law

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Also, check out the full list of all state by state restrictions here.

                 

How to Protect Your Business From Voice Phishing

 

How to Protect Your Business From Voice Phishing

Voice phishing, or vishing, incidents have risen significantly in the United States since July 2020. On August 20, 2020, the Federal Bureau of Investigation (“FBI”) and the Cybersecurity and Infrastructure Security Agency (“CISA”) released a Joint Cybersecurity Advisory, describing cybercriminals’ attempts to extract sensitive information from employees as a targeted “campaign.”

 

According to the FBI and CISA, cybercriminals increasingly engage in vishing by contacting employees on their personal cellphones and directing them to clarify their login information. The rise in teleworking since the emergence of the COVID-19 pandemic increased the widespread use of virtual private networks (“VPN”), which allow remote employees to log in to the same system. Businesses benefit from using VPNs to supervise and direct access to their databases. However, once a cybercriminal has obtained an employee’s login information via vishing, this login information can then be used by cybercriminals to access the VPN. Once cybercriminals have access to the VPN, they can mine the targeted business’ databases for customers’ personal information, as well as other valuable information, and then monetize the data breach through blackmail, for instance.

 In order to protect your business from vishing, the FBI and CISA advise the following:

• Restrict access to VPN during certain hours
• Train employees to be suspicious of unsolicited phone calls
• Advise employees to limit the amount of personal information posted on social media
• Verify web links do not have misspellings or contain the wrong domain
• Bookmark the correct VPN URL and do not visit other URLs on the sole basis of an inbound phone call

 

Caitlin Becker | Law Clerk - BridgehouseLaw

 

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