Author: TSA Press

Back in my wilder days, one of my favorite books was “The Modern Drunkard” by Frank Kelly Rich. Boy that book had a lot of good advice. Also, a lot of terrible, terrible advice. Anyway, one of the better pieces of wisdom in there really stuck with me over the years: if you can’t afford to tip, you can’t afford to drink in a bar. Go to the liquor store.

Apparently neither Christopher Ashbach nor his lawyer, Jon Farnsworth, ever read “The Modern Drunkard,” or if they did, they certainly didn’t get as much out of it as I did. Ashbach recently had the shocking experience of dining at a restaurant, and then (gasp!) facing the horrifying prospect of having to pay a three percent surcharge on his bill that was disclosed in advance on the menu. And all of this just so that the people making and serving his food could stay alive! You couldn’t blame the guy for being outraged, or Farnsworth for thinking there was a decent lawsuit to squeeze out of the whole ordeal.

Blue Plate Restaurant Co. is the entity being sued, and I’ve been to a number of their fine establishments. Menu prices vary, of course, but at almost any of their locations, you can get out for under $20 if you just want a burger and a beer. In fact, you’d be hard-pressed to run up a tab of over $100 even if you came in for a relatively fancy dinner for two. So, if we’re giving Ashbach the benefit of the doubt, he saw maybe an extra three dollars on his tab. Then, instead of going to some other restaurant next time or cooking at home (or, you know, just living with the fact that going out to eat costs money and three dollars is not a lot of it), he decided to become the named plaintiff in a class action lawsuit.

The three percent charge in question is what is referred to as an “employee wellness surcharge” among the restaurants in my neck of the woods that have started tacking it on to the end of customers’ bills. As in a lot of other big metro areas around the country, in Minneapolis and St. Paul, the local minimum wage has been increasing, and businesses like restaurants have also been increasingly required to pay for healthcare coverage for their employees. Restaurants on the West Coast first pioneered the idea of adding an employee wellness surcharge to customers’ bills so as to both provide health insurance to employees and stay in business. In 2017, the idea caught on in the Twin Cities.

Now, someone finally worked up the courage to put together a class action about the employee wellness surcharge. Why would someone think that it is illegal to disclose that you are going to charge an extra three percent before you actually charge an extra three percent? Well, to paraphrase Dr. Ian Malcolm from Jurassic Park, lawyers find a way.

To be fair, the complaint alleges “fraud, misrepresentation, and deceptive practices.” To the extent a restaurant could be said to be being deceptive by just writing on the menu, where the dumb might not read it, that there would be a three percent surcharge, well, fair enough. Still not a great argument, but I get it. The one actually good point Farnsworth made thus far is when he told Twin Cities Business magazine that “there’s a fundamental lack of disclosure about who’s getting the benefits and where that money is going.” If the restaurants had just jacked up the price of everything on the menu by three percent, instead of wanting to get goodwill points by flagging to their customers that the price increase is so that the people handling their food have healthcare, there wouldn’t be any dispute about the legality of the whole thing. I guess if you want the credit by calling it an employee wellness surcharge, you better actually be applying the proceeds to employee wellness. Even so, I don’t think forcing a restaurant to spends tens, and maybe hundreds, of thousands of dollars defending against a lawsuit is a good way to ensure they have money set aside for people’s health insurance.

All things considered, this is a dumb and miserly lawsuit, especially for this time of year. Running a business costs money, for workers’ healthcare and lots of other stuff. Just pay the three dollars, man, or if you really can’t stomach that, stay home and cook. Maybe “The Modern Drunkard” isn’t for you, maybe give Dickens a try. I believe the Ghost of Christmas Future had a lesson about Tiny Tim’s fate if Scrooge didn’t pay for some goddamn family health coverage for his worker.

---

Jonathan Wolf is a litigation associate at a midsize, full-service Minnesota firm. He also teaches as an adjunct writing professor at Mitchell Hamline School of Law, has written for a wide variety of publications, and makes it both his business and his pleasure to be financially and scientifically literate. Any views he expresses are probably pure gold, but are nonetheless solely his own and should not be attributed to any organization with which he is affiliated. He wouldn’t want to share the credit anyway. He can be reached at jon_wolf@hotmail.com.

How many people should attend the meeting?

At a law firm: The smallest number possible, consistent with getting the job done. Why invite extra people to a meeting?

I suppose I’ll add one caveat: Very occasionally, an associate, whose time will not be billed, will be invited to a meeting to get a sense of what’s happening behind the scenes. But generally, the fewer people who attend a meeting, the better. The meeting will be more efficient and will cost less.

At a corporation: Invite lots of people.

We should invite people who are irrelevant to making the decision, just to make sure that they’re in the loop — or not offended by having been left out of the loop.

We should invite a few junior people. If they have the time to attend, why not? And attending will give them exposure to some of the muckety-mucks and let the junior folks see how we make decisions. And the junior folks might be interested in some of the topics that we’ll discuss.

Everyone’s time is costless — because you’re generally not being billed out by the hour — and many people could be interested in the meeting, or offended by not having been invited, or whatever. So the group expands.

But then it gets funny.

What’s the proper length for the memo describing the decision reached at the meeting?

At a law firm: It’s okay to create a 10-page memo.

Recipients of the memo will want to know the thought process that went into the decision-making. Recipients will want to see that you considered various permutations and that you excluded those permutations for good reasons. We don’t mind if the memo’s a little long — readers can always skim — but be sure to cover all the relevant content for those who are interested.

At a corporation: Three bullet points.

Are you kidding? People are busy. Nobody’s going to read an email that goes into a third or fourth paragraph. That takes too long, and it’s too much to digest. Anyway, people are accustomed to reading bullet points, and people almost never receive memos. Distill the decision down into the things that matter, and convey those things in a few bullet points. Maybe one PowerPoint slide. Without too many words on it. People might read that much, but you can’t take too much of their time.

I’m really not passing judgment on this. There are good reasons for different organizations operating in different ways. I’m just observing. Maybe there’s something to be learned from the observation.

---

Mark Herrmann is the Chief Counsel – Litigation and Global Chief Compliance Officer at Aon, the world’s leading provider of risk management services, insurance and reinsurance brokerage, and human capital and management consulting. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at inhouse@abovethelaw.com.

Being Tesla’s top lawyer certainly seems hard from the outside. There are the tweets, and the subsequent lawsuits, and subsequent SEC negotiations, and subsequent lawsuits, and the tweets, and the subsequent lawsuits, and the subsequent difficulties in trial prep, and the tweets, and the combustible solar panels, and the tweets, and the flamethrowers, and the tweets. And, apparently, it is as hard as it looks, as faithful adept of the Cult of Elon Jonathan Chang becomes the third Tesla general counsel to resign in just one year.

* Amazon and the Justice Department are sparring over a lawsuit about the Pentagon’s procurement efforts. The feds need to be careful, Amazon may pull their Prime memberships! [Washington Post]

* President Trump is shopping around for an impeachment lawyer. Hoping for an Apprentice-style selection process. [Vanity Fair]

* A lawyer has been charged with smuggling drugs into jail for a fee. This attorney shouldn’t quit his day job. [Pittsburgh Post-Gazette]

* There are a few theories explaining how Devin Nunes has the ability to file so many lawsuits against news outlets and others. [Chicago Tribune]

* The New York Attorney General’s Office has egg on its face after a case it filed against Exxon was dismissed. [New York Post]

* A lawyer missing in Georgia for nearly a week was found dead from a car accident. [CNN Intentional]

---

Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothmanlawyer.com.

A feast of hundreds of cattle and goats, thousands of chicken and 8 tonnes of maize was provided  for the 7,000 delegates while the people starve.

We say ‘a haircut’ because the Reserve Bank’s monetary policy committee apparently wants to reject the majority of government debts. The idea is that, for instance, Zimbabwe may pay only 5% of the US$60 million which it owes South African Airways, which is now itself facing financial challenges (see: https://www.bloomberg.com/news/articles/2019-12-09/south-african-airways-may-only-get-5-of-money-owed-by-zimbabwe).

The Vigil doubts that this will smooth the borrowing path for the planned new version of Zimbabwe Airways, let alone encourage South Africa’s ESKOM to resume its charitable power supplies to Zimbabwe.

But the focus was at Goromonzi High School, where locals watched in awe as Zanu PF bigwigs turned up in their expensive sports utility vehicles. One said ‘if the conference was open to us we would attend and also have a taste of the nice food that we have not eaten for so long. We would at least forget our hunger for those two days.’ (See: https://www.theindependent.co.zw/2019/12/13/zanu-pf-banquet-in-deep-sea-of-poverty/).

A Newsday editorial observed of Zanu PF: ‘They are just functioning according to their default mode — as they have always done even under the late former President Robert Mugabe — to feast and make merry while the rest of the population wallows in abject poverty. (see: https://www.newsday.co.zw/2019/12/editorial-zanu-pfs-opulence-amid-famine-should-not-be-surprising/).

A close observer of Zimbabwe, Professor of World Politics at the University of London, Stephen Chan, said ‘in almost all countries in the world, during times of austerity, all political parties would hold their conferences with a reduction in expensive provision. They would do that to show solidarity with a nation going through hard times.’ (See: https://www.theindependent.co.zw/2019/12/13/zanu-pf-indaba-a-jamboree-in-the-midst-of-biting-hunger/).

Other points

• A prospective investor planning a US$250 million solar project in Zimbabwe – surely a good thing – got the go-ahead from the government in July. Then his problems began. Officials started demanding a share in the project, so the whole thing is stalled. This typical story is given extra force by appearing in the government mouthpiece the Herald (see: https://www.herald.co.zw/sa-investor-makes-bribery-claims/).
• Progress is also stalling on Zimbabwe’s application to rejoin the Commonwealth after the British Ambassador said Zimbabwe was failing to implement key reforms. Deputy Information Minister Energy Mutodi responded on twitter that Zimbabwe didn’t care, adding ‘the game of endless reforms is shameful’ (see: https://www.newzimbabwe.com/mutodi-thumbs-nose-at-british-over-zim-commonwealth-snub/).
• Thanks to those who came early to help set up the front table and put up the banners: Patience  Chimba, Enniah Dube, Jonathan Kariwo, Chido Makawa, Rosemary Maponga, Patricia Masamba, Benjamin Molife, Washington Mugari, Margaret Munenge, Esther Munyira, Molly Ngavaimbe, Hazvinei Saili, Ephraim Tapa and Kevin Wheeldon. Thanks to Margafet, Hazvinei and Molly for looking after the front table, to Rosemary and Kevin for handing out flyers, to Chido and Delice Gavazah for drumming and to Patricia, Hazvinei and Jonathan for photos. It was good to have Enniah with us after a long illness.
• For latest Vigil pictures check: http://www.flickr.com/photos/zimb88abwevigil/. Please note: Vigil photos can only be downloaded from our Flickr website.

FOR THE RECORD: 20 signed the register.

EVENTS AND NOTICES:

• The Restoration of Human Rights in Zimbabwe (ROHR) is the Vigil’s partner organization based in Zimbabwe. ROHR grew out of the need for the Vigil to have an organization on the ground in Zimbabwe which reflected the Vigil’s mission statement in a practical way. ROHR in the UK actively fundraises through membership subscriptions, events, sales etc to support the activities of ROHR in Zimbabwe. Please note that the official website of ROHR Zimbabwe is http://www.rohrzimbabwe.org/. Any other website claiming to be the official website of ROHR in no way represents us.
• The Vigil’s book ‘Zimbabwe Emergency’ is based on our weekly diaries. It records how events in Zimbabwe have unfolded as seen by the diaspora in the UK. It chronicles the economic disintegration, violence, growing oppression and political manoeuvring – and the tragic human cost involved. It is available at the Vigil. All proceeds go to the Vigil and our sister organisation the Restoration of Human Rights in Zimbabwe’s work in Zimbabwe. The book is also available from Amazon.
• Facebook pages:

Vigil: https://www.facebook.com/zimbabwevigil

ROHR: https://www.facebook.com/Restoration-of-Human-Rights-ROHR-Zimbabwe-International-370825706588551/

ZAF: https://www.facebook.com/pages/Zimbabwe-Action-Forum-ZAF/490257051027515

The Vigil, outside the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00 to 17.00 to protest against gross violations of human rights in Zimbabwe. The Vigil which started in October 2002 will continue until internationally-monitored, free and fair elections are held in Zimbabwe. http://www.zimvigil.co.uk.

Post published in: Featured

• How Nigeria and Zimbabwe are taming democratic values in Africa.
• Across Africa, the culture of protests is spreading wide and far as obtainable in Malawi, Guinea, Algeria, South Africa, and Ethiopia.
• Precious Ohaegbulam in this opinion piece writes on the intolerant attitude by African governments across the continent.

The event was largely attended by citizens who had already developed a growing affiliation for the opposition after having had their hopes shattered by the ZANU-PF and President Emmerson Mnangagwa.

Over the past few months, the government of Zimbabwe has become more intolerant of dissidents. The growing public outrage is linked to the inability of the government to revive the country’s comatose economy. Also, President Mnangagwa now seems to have eroded the stock of goodwill he enjoyed after succeeding Robert Mugabe.

In a similar fashion, though, the government of Nigeria with its history of clamping down on protests and critics also recently deployed State Security Service officers to attack citizens and journalists demanding the release of political prisoners. It is not out of place to say that this intolerant attitude by African governments is common across the continent.

Across Africa, the culture of protests is spreading wide and far as obtainable in Malawi, Guinea, Algeria, South Africa, Ethiopia, and elsewhere. All is not well on the continent. However, protests are good for democracy; it means Africans are engaged and watchful over the actions of their leaders. Also, criticism of the government has historically been linked to the institutionalization of the many liberties enjoyed by people all across the world.

In the case of Zimbabwe, the dissent is understandable and justified. Foreign direct investment has slowed to a trickle. There is a prevalence of infrastructural decay and the continued exit of skilled citizens presents the picture of a nation in despair.

The country’s inflation rate is pegged by the International Monetary Fund at 161.8 percent, only surpassed by that of Venezuela. Under the weight of its crumbling economy, the budget is said to be the equivalent of almost three national budgets with a significant chunk of it dependent on foreign aid. Other sectors in need of critical attention include its failing pension system, agriculture, mining, and health sectors.

President Mnangagwa has pleaded for more time. How much time he needs is yet another matter because he has said that things have to get worse before they get better. A tighter fiscal policy that features lower income taxes and a reduction in government spending will also make positive impacts. Privatization of dilapidated state enterprises, deregulation in key sectors, and pruning recurrent government expenditure are policies worth equal interest.

In Nigeria, however, the dissent is largely fueled by the government’s lip-service to the eradication of corruption, its shameful recurring defiance of court orders and the glaring subversion of the rule of law. In addition, in the wake of its ill-timed border closure and inability to stem the tide of insecurity around the country, the government of President Muhammadu Buhari has also been desperate.

By its refusal to obey the order of a federal high court for the release of some political prisoners, even after their sureties have met the set bail conditions, the State Security Service, as an institution of government, has exposed the country to international ridicule and it would be wise for the president to intervene both in a bid to stop the needless embarrassment and protect the lives of protesters unjustly attacked.

The protesters in Nigeria are clear on what is necessary for the government to do and it presents a myriad of holistic solutions that will attend to the ills of various sectors including, improving the correctional system for corruption and other criminals who pose security threats, improving the management of resources, creating more jobs and policies towards reducing mass poverty.

Dissidents are only trying to keep Nigeria and Zimbabwe alive. It would be counter-productive and undemocratic for any government to always resort to calling state-backed agencies to arms against protesters before engagement and dialogue. Both countries need to set good precedents.

……….

Precious Ohaegbulam is a Writing Fellow at African Liberty and a freelance writer and communications specialist. He can be reached via @prsh9 on Twitter.

PS: The views and opinions expressed in this article are those of the author and do not reflect the official policy or position of the Business Insider SSA by Pulse and its staff.

The hotel, situated 33 km south-east of the eastern border city of Mutare, is run by foreign nationals since 2014 and is famous for its golf course on which people from all over the world have played.

However, it is understood that the investors are mulling a temporary closure of their 10 million U.S. dollar project until the dust settles.

The government on Friday warned the illegal settlers to vacate the hotel premises or face eviction.

“It has come to the attention government there is some illegal land invasion around part of Leopard Rock Hotel property.

“This has caused some disruption of business in addition to causing some environmental damage. Law enforcement services have been made aware of this lawlessness and are finalizing plans to restore law and order,” said government spokesperson Nick Mangwana.

He said the settlers should vacate the premises or face forced removal.

“We remain committed to provide the landless Zimbabweans with land in an orderly manner respecting the law and property rights,” he added. Enditem

Zimbabwean Finance Minister Mthuli Ncube. Image: Bloomberg

Zimbabwean President Emmerson Mnangagwa (L) and Zimbabwean Vice President Constantino Chiwenga (R) are seen during the National People’s Conference of the ruling ZANU-PF party in Goromonzi, Zimbabwe, on Dec. 13, 2019. Zimbabwean President Emmerson Mnangagwa on Saturday called on Zimbabweans to be more productive to boost the economy at the end of the five-day conference. (Photo by Shaun Jusa/Xinhua)

In his closing remarks at the end of the five-day 18th annual National Peoples’ Conference of the ruling ZANU-PF party in Goromonzi, Mashonaland East Province, the president called on Zimbabweans to be more productive to boost the economy.

“Let us shift the mindset of the population towards production. Land must be productive and there is no more room for cellphone farmers,” he said.

He urged the nation to shun laziness, indiscipline, greed, corruption, selfishness and immorality.

He also challenged public sector workers to be results-oriented, while those charged with implementing government programs must deliver.

The president urged the nation to protect and defend use of the Zimbabwe dollar that was re-introduced in June this year following the ban of the U.S. dollar that had been in use for a decade.

Members being disloyal to the ruling party’s philosophy and ideology must recommit and correct their wrong doing, he added.

The conference was themed ” Modernize, mechanize and grow the economy towards Vision 2030.”

Post published in: Featured

BULAWAYO, ZIMBABWE — In 2015, Mbongeni Duze left Zimbabwe in search of greener pastures in neighboring South Africa.

While at home, Duze, 48, says he couldn’t provide for his wife, three children and parents.

“Life was difficult for me and my family because I was unemployed,” Duze says. “I could barely put food on the table.”

So Duze moved to Johannesburg, South Africa’s largest city, where many foreigners work and live. He soon found a job as a security guard at a food outlet. Duze was then able to send groceries and money back home.

But a xenophobic attack in September forced him to return to Zimbabwe.

“I could hear a group of people singing from far off, and suddenly there were screams. I knew it was happening again,” Duze says. “This is the second time I have experienced xenophobia in South Africa, but this time it was worse than previous years. This time, the situation forced me to return home.”

The exact number of Zimbabweans in South Africa is unknown. South Africa’s 2011 census estimated that 672,308 Zimbabweans were in South Africa. A 2016 community survey estimated that 574,047 migrants were from Zimbabwe.

According to a 2017 study titled “The Double Crisis: Mass Migration From Zimbabwe and Xenophobic Violence in South Africa,” published by the International Centre for Migration Policy Development in Vienna, 20-30% of Zimbabwean migrants in South Africa are involved in the informal economy. The study states that 50-75% of those Zimbabwean migrants are under the age of 35.

Human Rights Watch found that xenophobic attacks in South Africa between August and September this year claimed the lives of two Zimbabweans, and about 170 were repatriated.

But returning home isn’t an option for many migrants because of Zimbabwe’s economic problems.

Most families in Zimbabwe survive on remittances from relatives who live and work in other countries.

According to the Reserve Bank of Zimbabwe’s 2019 Monetary Policy Statement, 2018 diaspora remittances amounted to $619 million, and South Africa contributes 34 percent of that total.

For people like Duze, life in Zimbabwe is more difficult because everything is more expensive.

“It has only been a month since I returned home, and my family is already feeling the effects,” Duze says. There is less food to go around, and his children’s school fees are only paid for one term, with no guarantee they can return next year. He struggles to pay bills and rent.

Duze is contemplating returning to South Africa once news of xenophobic violence dies down.

Duze’s situation is not unique.

“Since the attacks, my uncle has not been able to send us any money or groceries, as he is still looking for a safe place to stay and for another job,” says Buhle Mlotshwa, a 16-year-old girl whose uncle pays for her school fees, clothes and food.

“He usually sends us groceries and 1000 rands (930 Zimbabwean dollars, or $69),” she says.

Commuter businesses that transport Zimbabweans to and from South Africa have also been affected.

“I leave Bulawayo every Wednesday evening and return on Sunday morning with my sprinter full,” says Qaphe Ncube, a cross-border operator. “However, since the attacks, I now have less customers and my trips are now inconsistent.”

Ncube’s sprinter, a 25-seat omnibus, charges 700 rand ($48) per person for each trip, netting him 17,500 rand ($1200). He now makes half that amount.

The ever-increasing prices in Zimbabwe’s shops have given rise to pavement supermarkets. Vendors along the city’s sidewalks sell the same basic goods found in retail shops, but at almost half the price.
They often buy goods from South Africa.

“I used to travel to Johannesburg every Saturday to buy goods to stock my shops,” says Nomathemba Msipa, a vendor. “However, ever since the attacks, I have reduced my trips to twice a month, as the situation there is unpredictable.”

In a written statement to GPJ, Simon Masanga, the permanent secretary in the Ministry of Public Service, Labour and Social Welfare, says officials are not advising people to avoid South Africa. In provincial and district offices across the country, government staffers offer safe migration advice and encourage travelers to have required documentation.

Masanga adds that these offices also offer social protection services. He says those who were assisted with repatriation from South Africa were provided with shelter, food, health services, an out-of-pocket allowance of 300 Zimbabwean dollars ($18) and transportation to their homes.

“The government of Zimbabwe successfully repatriated 90 Zimbabweans from South Africa in September,” he says.

Masanga says the ministry is aware of one person who lost his life through these attacks. That man’s remains were repatriated and laid to rest in his rural home in Chipinge.

Masanga says most of the people who fled the attacks were engaged in menial jobs, which require little or no training. “As a ministry we are of the view that the affected people should be assisted to access social protection services and that their individual needs should be addressed,” Masanga says.