Winery Closes Doors After State Fines Them Over Volunteers and Wine-Making Classes
“Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people.”
John Locke
terrorists
John Locke
terrorists
I believe this article illustrates we aren't living in 'the Land of the Free'. This is insane.
It's sad but true.
So much for interns, Liberty of contract, or common sense.
Or
Organized Crime Without the Families
Taxation is just a euphemism for slavery.
And it really does not matter if one is a child! Imagine all of the damage that is being done and is going to be done by this horrific thinking!
Such a small business was probably not incorporated.
Those lousy b@st@rds not only closed a business, but quite possibly ruined two lives!
Sooo many lives.
Real People's Lives.
I'm sorry, but, well...
When is enough Enough?
I doubt that the volunteers thought they were being hired. The brewers I know do not imply that they will hire their apprentices, who are there to learn the secrets of brewing great beer, and already have day-jobs of their own.
There is a thick web of volunteerism amongst practitioners of non-mainstream crafts and skills. If this despicable attempt by the State goes unopposed, it could have a devastating effect on the willingness of craft masters to share their expertise.
Jan
http://www.forbes.com/sites/robertwood/2...
I guess I'm a little surprised to see a winery in Contra Costa County... Contra Costa is East Bay Area... Oakland, Alameda, etc.. Not a lot of farmland there... not any at all. It would be a ¼ acre of grapes or something, probably about the size of the hobby farm I have in the backyard.
My suspicion is that one of the "volunteers" reached out to the labor board complaining in hopes of getting a bunch of back-pay or something. Otherwise, there really isn't any way that anyone is going to 'detect' the ¼ acre of grapes and some hobby wines being made.
I've known a few winery owners, all of them have been family-owned & run and the family members help out at harvest and maybe they have a few paid workers to tend to the grapes year-round. This would be the first I've heard of "volunteers". I agree, there were no-doubt some kind of promises made and probably not kept.
I don't immediately jump to conclusions on this stuff when you only see part of the story, or a very small part of one side's view. I've seen some very unethical stuff in business, being an entrepreneur doesn't immediately make you ethical. It was more than likely a tax-shelter type business to pay for a multi-million dollar property and a lot of "promise" of help in the industry in exchange for free labor or something. No doubt, someone cried foul.
Here is a reference to other wineries who use volunteers. It's a widely accepted practice in the industry.
http://www.mercurynews.com/my-town/ci_26...
They did something to pop up on a radar screen, or pissed off some "volunteers". All businesses are required to have worker's compensation in California, my suspicion is that there was never a Worker's Comp policy in force for the business, and that has teeth, but is more work to go after, so they picked an easy one. Contra Costa county is filled with the leftist liberals of the Bay Area, I'm pretty sure it was one of the volunteers...
They could have gotten around that quite easily by just being a non-profit, but generally that requires some programs for the public, charitable works, etc.. I really think it was a for-profit disguising in some way or doing something that threw up some flags.
I see it like this... you can choose to live in the Wild West of Nevada, with no social services, people working 3 8-hour shifts in a row for 3 different casinos for 24 hour work days 7 days a week for $8 an hour, or you can pay some more taxes and live somewhere that the rules may be a little more oppressive.
The business owner chose to live in California, and skirt the rules. Let's be honest, they had a winery in the San Francisco Bay Area where a 1 bedroom condo is going to be $500,000+. This isn't a few thousand square feet of play-dirt in Montana. It doesn't have much to do with an Atlas Shrugged type of thing, its about whether or not you have a legitimate business, or if its a paper-business so you can depreciate the property you live on to offset your normal income taxes (my suspicion). If its not a legitimate business, its income tax fraud and a bunch of other stuff. If you are going to take that approach, it has to be a legitimate business and do the Worker's Comp, the tax stamps in the form of a business license, and either do all the work yourself like a real entrepreneur or actually pay the workers. Another aspect in California is that interns, if not paid, can't do anything of material value to the business. If you have them out cold-calling door to door, you need to compensate them in some way. You can't have an unpaid intern digging a septic tank hole that you are going to charge $10,000 for. Why? Because why should someone be making material gain on labor and that 'labor' goes and gets welfare & Medi-Cal benefits. The assumption is that they are probably being paid... probably in cash/under the table. That would be hard to prove, so you take the easy approach. They had unpaid interns in a for-profit business, either fess-up to that, or prove you paid them (under the table) and go with a lot of tax-evasion charges.
I'm sure the owner just filed a bankruptcy on the business, and will just re-open it with a new entity so they can depreciate their personal real estate more again, but will probably pay someone 8 hours a week or whatever for what legitimate work is needed, or do it themselves, or if the labor cost is higher than the tax write-off, just forget it.
I'm sure the Lets Shrug types jump on the tax element, but taxes in California, despite having the higher end of income taxes, are otherwise pretty reasonable for real estate - its limited to 1% of the original purchase price of the property (annually) and it declines if the market value declines, but cannot ever go "up" in appreciation above the original purchase price. I don't think any other states have that protection, and most are going to be closer to 3% of the value per year... California has a large government, but we're also the 8th largest economy in the world and a little under 20% of the US population by ourselves.
My last point, is that agriculture is serious business in California... its a $50 billion industry, and only behind high tech and probably entertainment/music/films in California for size. We grow the lion's share of produce for the United States, and virtually all of the fresh produce & vegetables and nuts. If you fly over California, you notice that not an inch of land is wasted, fly over Colorado and you struggle to find some land that is actually used. We're the largest wine producer in the world, and with that comes an oversight of (that) business that is probably pretty profound. You're also talking foodstuffs for human consumption... do you want the unpaid intern sanitizing the bottles you are going to drink out of? Do you want someone with a grudge and no income with access to the wine vats? Just saying... Anywhere else in the country it would seem like a very esoteric enterprise.... here, it's something that is actively-managed.
http://www.manhattan-institute.org/html/...
I can't wait to move from wild west Nevada to set up a business in civilized California so that I, too, will have the opportunity to be fined $115,000 for inadvertently violating a state law prohibiting voluntary exchange of labor for experience.
http://www.sacbee.com/2014/03/04/6207610...
this will lead to one or more of 3 things - an underground economy (under-the-table businesses), black-market jobs, and a division of the state between the moocher and the producer.
Anyone want to donate to a program to give bulk bus rides to people in SF to get them to CO? :)
If they insist on such strict regulations, they should at least have give people a warning and a chance to make their operation legal. Otherwise it's just discouraging people from voluntarily serving one another.
Their all building a High Speed Passenger Railroad on our nickel in that bankrupt political rat hole.
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