News & Analysis as of

Fast-Food Industry

Seventh Circuit Holds Footlong Settlement Falls Short

The Seventh Circuit’s rejection of a class action settlement in a case alleging consumer fraud against Subway for allegedly “shorting” customers of its Footlong sandwiches illustrates the pitfalls of settlements that provide...more

In-n-Out Sues Smashburger Over New Burger Names

by Dickinson Wright on

On August 28, 2017, In-n-Out filed a lawsuit against Smashburger for trademark infringement in the Central District of California. In-n-Out claims that Smashburger’s TRIPLE DOUBLE mark is too similar and infringes on its...more

Food Fight: Burger Edition

Beloved burger chain In-N-Out Burger, home of not-so-secret menu items and “animal style” fries, has sued burger competitor Smashburger, claiming that Smashburger’s new “Triple Double” burger infringes on In-N-Out’s...more

Seventh Circuit Rejects And Lambastes “Worthless” Settlement For Class Of Subway Sandwich Purchasers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In In Re Subway Footlong Sandwich Mktg. & Sales Practices Litig., No. 16-1652 (7th Cir. Aug. 25, 2017), the U.S. Court of Appeals for the Seventh Circuit overturned a district court’s approval of a class...more

Food & Beverage Litigation Update | September 2017

Shook Partners Lindsey Heinz and Katie Gates Calderon, with Associate Hillary Nicholas, have authored an article for Law360 discussing regulations related to the use of photography during a U.S. Food and Drug Administration...more

Bay Area Local Law Update: Emeryville’s “Fair Workweek Ordinance”; San Francisco Bans Salary History Inquiries; And Additional...

Over the past few years, one of the biggest trends in employment law has been the proliferation of local ordinances imposing workplace standards beyond those mandated by state and federal laws. While many state governments...more

Businesses Should Prepare For Predictive Scheduling Laws

by Conn Maciel Carey LLP on

Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling. In that...more

Disabling Code: Franchisors Should Ensure Digital Properties Are Accessible

by Lewitt Hackman on

Are we still in the dawn of the digital age, or have we moved on to mid-morning yet? Only time, and your company's web site and applications, will tell. Unfortunately, when it comes to website accessibility, it is still...more

New Oregon Law Imposes Scheduling and Working Hours Obligations on Employers

by Littler on

A new Oregon statute will require certain large employers to provide their Oregon employees with advance notice of their work schedules. The notice period will initially be 7 days starting next year before increasing to 14...more

Oregon Becomes First State To Enact Scheduling-Protection Laws For Service Industry

Following similar local ordinances in New York City, San Francisco, and Seattle, Oregon has become the first state to enact a law restricting the scheduling practices of service-industry employers. On August 8, Gov. Kate...more

Food & Beverage Litigation Update | July 2017#3

EU to Issue Guidelines on Discriminatory Food Distribution - European Commission President Jean-Claude Juncker has reportedly indicated the EU will issue guidelines discouraging companies from selling apparently identical...more

The Mysterious Case of the Disappearing Type II: Town not Permitted to Reclassify a Type I Action as a Type II Action

by Farrell Fritz, P.C. on

In Miranda Holdings v. Town Board of Town of Orchard Park, ____ N.Y.S. 3d, ____, 2017 WL 2884633 (4th Dept. July 7, 2017), Petitioner, Miranda, proposed a commercial structure that included a restaurant with a drive-through...more

Predictive Scheduling and the Fight for a “Fair Workweek”: What Employers Need to Know

by Akerman LLP - HR Defense on

Retailers and fast food companies in particular should be aware of the growing push for “fair workweek” legislation at the city, state, and federal levels. In just the past few years, over a dozen states and cities have...more

Food & Beverage Litigation Update | July 2017 #2

GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...more

So You Say You Want a Revolution? Franchises Evolve as Retail Declines

by Lewitt Hackman on

You’ve seen the news: retailers are struggling. Traditional anchor stores like Macy’s and Sears are closing up shop, creating a domino effect of fiscal death for shopping malls across the country. The Los Angeles Times...more

Food & Beverage Litigation Update | July 2017

Cruz-Alvarez and Canfield Examine Recent Ruling on Website Access for Visually Impaired - Food and beverage companies offering retail sales on the web are facing a wave of lawsuits filed by visually impaired plaintiffs...more

Oregon Is Set to Become the First State in the Nation Requiring Employers to Give Hourly Employees Advance Notice of Their Work...

by K&L Gates LLP on

Following cities like San Francisco and Seattle, on June 29, 2017, the Oregon Legislature passed the Fair Work Week Act (the “Act”), becoming the first state in the nation to require advance notice of hourly employee work...more

Trimming the Fat: Restaurant Menu Labeling Rule Under Further Review

by Lewitt Hackman on

In 2010 as part of the Patient Protection and Affordable Care Act a/k/a “Obamacare”, the federal government set provisions mandating restaurant chains provide nutrition information for menu items. The U.S. Food and Drug...more

New York City Enacts Fair Workweek Legislation for Retail and Fast Food Employers

Mayor de Blasio recently signed into law five bills collectively called the “Fair Workweek” legislative package, which will significantly impact employers in the retail and fast food industries. The laws are scheduled to take...more

Will Minimum Wage Hikes Kill Restaurant Jobs?

by Lewitt Hackman on

In 1981 “Video Killed the Radio Star” was the first music video MTV broadcast in the United States. The song was actually written a couple of years earlier, appeared on an album entitled The Age of Plastic by the Buggles, and...more

Employment Flash - June 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including the House of Representatives' American Health Care Act and the Senate's Better Care Reconciliation Act, the...more

New Fair Workweek Legislation Scheduled To Take Effect On NYC Fast-Food Chains And Retailers In November 2017

by Cole Schotz on

New York City Mayor Bill de Blasio recently signed a package of legislation known as the “Fair Workweek” bills, which will take effect on many of the city’s fast-food chains and retailers starting in November 2017....more

New York City Retailers, Get Ready To Change Your Employee Scheduling Practices

In an apparent effort not to be outdone by the cities of San Francisco and Seattle, the New York City Council has approved a package of bills that are collectively being referred to as the “Fair Work Week” laws. Fairness,...more

NYC Enacts "Fair Work Week" Laws for Retail and Fast Food Employees

by FordHarrison on

New York City’s new package of “Fair Work Week” laws, which go into effect on November 27, 2017, will create new and burdensome scheduling and record-keeping requirements for retailers and fast food establishments, including...more

NYC’s “Fair Workweek” Package Set to Cause Major Disruption and Headaches for Retail and Fast Food Employers

Scheduling employees in retail and fast food establishments will now be a costly and confusing obstacle for employers. On May 30, 2017, New York City Mayor Bill de Blasio signed into law a legislative package consisting of...more

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