Legally Sound | Smart Business

Nasir and Matt discuss Obama's plan to increase the threshold for who can qualify for overtime pay. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: And here we are on our 204th episode and I think we should be due for a recap episode in about, what, sixteen or so? So, I’m looking forward to that. MATT: Yeah, if we did it like the first hundred, but I think we ran out of topics. NASIR: Yeah, right! MATT: We’re just going to talk about the things we talked about in the first episode and see if there’s anything new. NASIR: Well, really, we should start with Episode 4 or whatever we covered in Episode 4 we could cover in 204. MATT: Hmm. NASIR: And see how it’s updated. MATT: I’m trying to think what that was. NASIR: I can look it up right now. MATT: I think Phil Mickelson was Episode 6. NASIR: Some memory there. MATT: I don’t remember any of the other ones but, for

Nasir and Matt discuss theTexas Supreme Court decisionthat ruleda Texas employer was not liable for work-related injuries sustained to one of its employees. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist to that business news. My name’s Nasir Pasha. MATT: And I’m Matt Staub. NASIR: Welcome. Welcome to you all. MATT: We’re in the 200s now so I think we’ve officially made it. NASIR: We’ve officially made it. We should have just started with Episode 200. It would have been better for our egos. MATT: Well, what’s crazy is there’s usually not a lot of podcasting news, but there was a bigger story this week with Marc Maron when he had Obama on. He didn’t put podcasting on the map but it was like a big moment for podcasting – or so I’m told or so I heard. But the crazy thing is he’s done over 500 episodes and he only releases once a week. Maybe he used to release more frequently but, I mean, to get in the 500s releasing once a week,

Nasir and Matt look back at the last 100 episodes. Full Podcast Transcript NASIR: All right. Welcome to our 200th plus one episode. Wait. MATT: So, the idea was, this is #201. The idea was you can’t do a best of the first 200 if the episode is #200. That makes sense, right? NASIR: Well, I was also thinking, like, is it one of those things where 201 is the 200th episode because we didn’t start at episode 0? MATT: That’s not how math works. NASIR: That’s not how math works. Well, I was thinking, you know, the year 2000 where people talked about the new millennium and, like, never mind, because there was no year zero. Anyway, welcome to our business podcast where we cover business in the news and add our legal twist to these business news items that we cover, and we’ve done it about a couple of hundred times minus a couple of episodes here and there which were also recap episodes, right? Yeah, I think we’ve done one recap episode, right? MATT: Well, we did one on #20, I believe, because we were both gone

Nasir and Matt celebrate the 200th episode by discussing America's pastime and why the FBI has decided to get involved with a scandal in Major League Baseball. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist. My name is Nasir Pasha – first baseman. MATT: Oh, no, I’m Matt Staub and, actually, I played first base because I’m left-handed. NASIR: Oh, that’s just my last name – first baseman. I don’t even know what you’re talking about. MATT: I only really ever played first base and pitched for a little bit but I was mostly first base just because, if you’re left-handed, that’s pretty much the role you get thrown into just because it’s advantageous. You have the glove on your right hand and you can catch all the balls that are thrown from the rest of the infielders. NASIR: I didn’t play much baseball but I think I was in the best position. Isn’t the best position in tee-ball right outfield? That’s what I was. MATT: There’s probably

Nasir and Matt discuss the decision handed down by the California Labor Commissioner that classified an Uber driver as an employee instead ofan independent contractor. Full Podcast Transcript NASIR: All right. Welcome to our Uber podcast where we cover business in the news and add our legal twist. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: I hate how “uber” is an adjective as well as a company. I don’t like the company. I don’t like the adjective. MATT: Well, I don’t know, I mean, I guess there’s probably some sort of connection to why they named it what they did, but I don’t know if it really.... I don’t know if they... I don’t know. I don’t know. I can’t wait to read that transcript back when I just say “I don’t know” five times in a row. NASIR: In fact, that’s the only reason we have a transcript – to laugh at you. MATT: She could always cut it out I guess and make me look a little bit more intelligent. NASIR: No. MATT: Yeah, this is a double whammy because we’re talking about two th

The guys close out the week by talking about the legal concerns of on-call employees in the retail industry and how states are working on legislature in support of these employees. Full Podcast Transcript NASIR: Welcome to our podcast where we cover business in the news and add our legal twist to that news. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: And welcome to the world of the law and business. MATT: The world where we talk about one topic per episode, more or less. NASIR: That’s right. Only Mondays and Wednesdays now though, right? This is our last episode for the week so make sure you guys pace yourselves. MATT: So, will this be…? Oh, no, we’re well before the 4th of July weekend. I’m getting way ahead of myself. NASIR: I know. It’s still June, man. It’s like the middle of June. MATT: We’re on the second, third of June as we’re recording this so it wasn’t incredibly far off. NASIR: Today’s not the second or third of June. MATT: The second one-third of June. NASIR: Oh, second… i

Nasir and Matt discuss the FTC's precedent decision to go after a Kickstarter campaign that is alleged to have taken backers' money. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: Matthew Staub joining us once again with nice covered facial hair, I would like to add for the record. MATT: Actually, the last time you said that – or I think probably the only other time you said that – we recorded and then I just hated it afterwards and immediately shaved. It’s not going to happen today but I just remembered that happened last time because you made that comment and then I don’t know if the episodes were even uploaded yet. NASIR: Probably not. So, what are we covering today? It seems like, I mean, this is a common issue of ours – crowdfunding – but at least some good news coming from this issue. I mean, usually, we’re pretty critical of what’s going on. So, what happened thi

The guys close out the week by talking about businesses dealing with hiring and firing obese employees. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist. My name’s Nasir Pasha. MATT: And I’m Matt Staub. NASIR: And one of my favorite songs of Weird Al Yankovic is his parody of “I’m Bad” which is appropriately named “I’m Fat.” Do you agree? Yes or no? MATT: I agree that is a parody. I don’t know. That song is pretty good. Yeah, I do remember it. He has a couple of good lines in there. NASIR: Do you have a more favorite Weird Al Yankovic song? I’m not a big fan of his but, out of the songs that he has, I think that’s one of the best – at least the video is pretty good. MATT: I mean, “Amish Paradise” is pretty good. It’s a classic. NASIR: Ah, that’s true, and that’s a little bit later in our generation too. MATT: “Eat It” – Michael Jackson’s “Beat It.” NASIR: Oh, yeah, “Eat It” is good. I’ll go with a classic, “I’m Fat.” MATT:

Nasir and Matt discuss the topic of price discrimination and how businesses are able to legally charge more to different customers. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist to those business news articles that we cover on this podcast. My name is Nasir Pasha. MATT: Terrible, and my name is Matt Staub. NASIR: I’m trying to be descriptive to the thing that we’ve been doing for the past year and a half now. MATT: That was straight up typical attorney talk right there – just way too many words to a conclusion. NASIR: I fall into that trap too in my contract drafting, depending upon my mood. Sometimes, I want to try to impress with my writing skills. MATT: Yeah, I always remember, if anyone’s seen your art of contracts presentation, how you take a huge paragraph and boil it down to like a couple of words, more or less. NASIR: That’s classic. MATT: Yeah, I enjoyed that. You know what I don’t enjoy is price discrimination th

Nasir and Matt are back and discussing the popularity of office wellness programs and the problems they have caused for employers. Full Podcast Transcript NASIR: Welcome to our podcast where we cover business in the news and add our legal twist. My name’s Nasir Pasha. MATT: And I’m Matt Staub. NASIR: Right on cue. Yeah, so we’re finally back after a week-long – well, two-week vacation for you, a week-long for me. That’s why we were absent and I’m sure you guys missed us this last week and a half, I guess. MATT: Yeah. You can always go back and listen to previous episodes as well but I think it’s actually a pretty common thing because a lot of the podcasts – or not a lot but some of the podcasts that I listen to, I notice there is also some gaps or they were doing rebroadcasts of previous episodes so it just must be I guess the time of the year that people go on vacation. NASIR: Yeah, it was right after Memorial Day and people did mention they thought that the reason we didn’t have episodes is because Ho

The guys close out the week by discussing why companies like Google and Facebook are raising their ownminimum wage pay and how one company in Seattle isblowing up the minimum wage model. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist to that news. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: I feel like I don’t have to introduce myself anymore – like, ever – not even on the podcast. I’m just talking about in general anywhere. MATT: Just go right into it. NASIR: People should know who I am. MATT: You’re the new… I don’t know. Who’s the most recognizable person? NASIR: Abraham Lincoln. MATT: Most recognizable living person. NASIR: Oh, Abraham Lincoln. MATT: I was going to say Obama but I think it’s an athlete – like, Michael Jordan, I think used to be the most well-known person, most recognizable person in the world. NASIR: But maybe not now. If you think about it, there’s a whole generation of kids that haven’

Nasir and Matt talk about an age discrimination lawsuitfiled by a 64 year old software engineer against Google and whether H&M will be subject to age discrimination claims for targeting millennials asnew hires. Full Podcast Transcript NASIR: All right. Welcome to Legally Sound Smart Business. My name’s Nasir Pasha. This is the podcast where we cover business in the news and add our legal twist. I’m also joined with a special co-host for today… MATT: Special, Matt Staub, I’m here. NASIR: Matthew Staub, special co-host. MATT: Lots of energy from you to bring in this Wednesday episode. NASIR: Yeah. Well, that’s what I do. MATT: You know who else has a lot of energy? Millennials. NASIR: That’s right. MATT: That’s part of the focus for today but we’re also going to talk about the flipside of that which is age discrimination against non-millennials – people that are much older than millennials. The story is a few weeks old and we were kind of waiting for some more developments when we first heard about it

Nasir and Matt get into the story about a California woman who was fired for deleting an app on her phone that allowed her employer to track where she was at all times. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: That’s Matt Staub. Episode 191 about to be put into the books of records. Probably I suspect that this episode in particular will probably end up in the Library of Congress – maybe not today, maybe not tomorrow, but someday. MATT: Yeah, probably not but… NASIR: Well, what I mean by that is I’m going to take the episode and then walk into the Library of Congress. MATT: Okay. Then, it will happen, I agree with you. NASIR: Next time I’m in DC. MATT: So, you know, the more I think about the story we’re talking about today, I think I might have actually gotten an invite for this app in the past. If it wasn’t this one, it was a similar one. My mother-in-law sen

The guys close out the week by discussing Comcast's decision to require customers to sign a non-disclosure agreement in order to receive a refund for overcharges. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: Comcast. MATT: Comcast. NASIR: That’s what we’re covering today. MATT: I think I’ve mentioned this on the podcast before but this isn’t exactly what Comcast did but I told you my theory on how our phone provider, how I think they just overcharge us some data, like, once or twice a year and they do that to everyone. NASIR: Yeah, you mention that probably every few episodes but, yeah, go ahead. MATT: Yeah. I mean, I use the same amount of data every single month and, magically, some months I’m well under the limit and, other months, I’m just over it and have to pay an extra $10.00 or $15.00 a month. So, I feel like this is getting us closer to my ultimate goal of

Nasir and Matt put on their gloves to spar over the class action filed over Manny Pacquiao's shoulder and the defamation claim filed against Floyd Mayweather. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist to that business news. My name’s Nasir Pasha. MATT: And I’m Matt Staub, and I was hoping to find, you already started talking when I thought of it, I was hoping to find the classic bell sound that you hear when a boxing… NASIR: I was thinking the same thing, ding-ding-ding-ding! Yeah, yeah, yeah, we can just have Matthew add that. MATT: Yeah, that’s true. NASIR: Our sound producer. MATT: At the beginning. NASIR: At the very beginning. But then, if we’re talking about it now, how about we just do it now? Like, right now. Let’s start. MATT: Well, I think we’re going to talk about a story that I haven’t seen anything in the media about and there was this boxing match between some guy, Floyd Mayweather. NASIR: Muhammad Ali a

Nasir and Matt discuss the investigative report concerning nail salons andthe abusivetreatmentthat many workers are experiencing. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and we also add our legal twist to that business news. My name’s Nasir Pasha. MATT: And I’m Matt Staub. NASIR: And we are two lawyers that have nothing better to do than talk about business and the law. I love it. MATT: You don’t see many lawyers with podcasts, I’ll say that. NASIR: You know, I was thinking, we’ve been doing this for a year – like, more than a year now, I think, right? We missed our anniversary. MATT: We’re closer to two years than one. NASIR: Oh, that’s true because we started in December 2013? MATT: I think it was at least October. NASIR: Oh, really? Okay. Then you’re right. You’re right. But, I don’t know, it’s fun. MATT: Possibly even before that. NASIR: Our listenership is much more than it used to be. I mean, it took a while to get where we are but

Nasir and Matt talk about how one company rebranded in New York but failed to do a name search nationwide. Full Podcast Transcript NASIR: All right. Welcome to our podcast, Legally Sound Smart Business, where we cover business in the news and add our legal twist – just like a little lemon, as I like to say – to those business news stories. My name is Nasir Pasha. MATT: And I’m Matt Staub. I don’t know if you like to say that but you’ve said it, like, a couple of times. NASIR: That’s all I say. I love to say that. MATT: Yeah, this podcast is like a lemon – sour. NASIR: And yellow. MATT: Used for lemonade. NASIR: And it’s a fruit. You listen to it when you’re thirsty. MATT: Exclusively during the summer. Getting off-track here, we’ve got to talk about this – where is this is? Well, Texas and then New York, I guess. NASIR: Nice. MATT: Two of your favorite states. NASIR: Yup. MATT: This has been a very Texas and New York themed week it seems like. NASIR: We covered California too, a little bit. MAT

Nasir and Matt talk about a recent decisionthat ruled on whether employers couldrun a reference check on LinkedIn for job candidates. Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: I’m sorry, who? MATT: Matt Staub. NASIR: Oh, Matt! Oh, great. MATT: Didn’t have your headphones in. Are those the new cordless Beats headphones or whatever the thing they got unveiled at the draft yesterday? NASIR: I thought those were out for a while, no? MATT: There’s these new cordless, they might be intended for athletes, but they’re not even cordless because there’s still a cord that goes behind the head connecting the two headphones. NASIR: Oh, yeah, yeah, yeah. I actually have one of those for running. I didn’t like them. They didn’t stick in my ear because it has Bluetooth in it so it has some weight to it. I’d just rather have something light to plug in and that’s my story on tha

The guys kick off the week by discussing the newly introduced Federallaw that would make it illegal for businessesto finecustomers forleaving negative reviews. Full Podcast Transcript NASIR: Okaaay. Uh, okay. I was trying to start goofy. Okay. All right. Welcome to our podcast where we cover business in the news and add our legal twist. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: And this is Legally Sound Smart Business, the podcast. What do you think about that? MATT: Sounds the same as the previous 184 episodes but, you know, it’s fine – fine with me. NASIR: Yeah, it’s cool. I’m excited. MATT: What a great fight that was two days ago. NASIR: Well… So, I haven’t seen it yet and I don’t know. Are you planning on going somewhere and watching it or ordering it? MATT: No, I’m not. NASIR: I like watching UFC fights and boxing once in a while but these fights always seem to be a letdown, you know? There’s just so much hype around it, right? MATT: That’s what I’ve been saying the last few da

Nasir and Matt cap off the week by discussing re-hire clauses in employer-employee settlement agreements and why they may be invalid as restrictions against non-compete agreements. Transcript: NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist to that business news. My name is Nasir Pasha. MATT: And I’m Matt Staub. It’s actually raining here right now which is pretty unique for San Diego. NASIR: Oh, I heard it was cloudy because I know the International Space Station was visible last night in San Diego for a period of time, but I wasn’t sure if it was going to have cloud cover or not. MATT: Well, I didn’t know that. NASIR: Missed it out! I think it was last night. MATT: I thought you were going to make some joke about it’s cloudy here, dark skies because of the Chargers possibly leaving going to LA. NASIR: That’s not for sure, is it? MATT: No, but there’s more stuff this week that they’re trying to push it forward. It’s definitely it wasn’t a step in the righ