Fast-Food Industry

News & Analysis as of

Government Involvement in Noncompetes… Against a Sandwich Maker?! Jimmy John’s Slapped With Another Lawsuit, This Time Brought by...

Jimmy John’s can’t seem to escape the limelight. Last year, the company made headlines when employees hit it with a putative class action lawsuit seeking to invalidate their non-compete agreements. The District Court...more

Wendy’s reports over 1,000 restaurants affected by breach announced earlier this year

Back in May of this year, Wendy’s reported “fewer than 300” locations had been hacked by malicious malware that targeted customer credit card information. Last week, Wendy’s released a list of 1,025 restaurant locations that...more

Wendy’s Data Breach Expands in Scope, Malware Attacks Point-of-Sale System

Fast-food chain, Wendy’s, has disclosed that the number of franchised restaurants hit by a recent cyber-attack was “considerably higher” than the fewer than 300 locations that it had originally suggested were impacted....more

Illinois Attorney General Sues Jimmy John’s Over Non-Competes

Last week, the Illinois Attorney General filed suit against Jimmy John’s, alleging that the company’s non-competes violate state law. These non-competes prohibit all employees, including sandwich makers, from working during...more

Attorney General Madigan Sues Jimmy John’s over Non-Compete Agreements

On Wednesday, Illinois Attorney General Lisa Madigan filed suit against fast-food franchisor Jimmy John’s and several Jimmy John’s franchisees operating in Illinois claiming that Jimmy John’s and its franchises unlawfully...more

The McDonald’s NLRB Case: At The Intersection Of Hot Legal And Political Issues

Despite popular belief, the fate of fast food franchises around the country does not rest in the hands of Lauren Esposito, an unelected administrative judge for the National Labor Relations Board (NLRB). Whatever decision...more

Wendy’s confirms data breach of point of sale system

Wendy’s confirmed yesterday in its first quarter financial statement that its investigation into a credit card breach did uncover malicious software on its point of sale systems on fewer than 300 of its stores nationwide. It...more

“On Call” Shifts Still In the Hot Seat in Massachusetts

The Massachusetts Attorney General’s Office Fair Labor Division has joined a multistate effort questioning retail stores’ use of “on call” shifts. Last week, the Massachusetts AG’s Office teamed up with its counterparts from...more

Minimum Wage Increases in New York: What Employers Should Know

On April 4, 2015, New York Governor Andrew Cuomo executed sweeping legislation as part of the 2016-17 state budget, implementing a complicated and staggered set of minimum wage increases, and creating a system of paid family...more

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

Wendy’s faces class action over data breach

We wrote about Wendy’s investigation into a data breach at its chain restaurants at the beginning of January, and now Wendy’s faces a class action over that same breach. The suit claims that Wendy’s negligently exposed...more

Taco Tuesday®

I know today is Thursday, but I am a taco fan. Just be careful what you call your Tuesday evening taco promotion....more

Wendy’s investigating potential credit card breaches

Wendy’s may be the latest in a number of companies with Central Ohio operations that have suffered data breaches in recent years. On January 27, Wendy’s announced that it hired a cybersecurity firm to investigate claims of a...more

Fast Food Employers In The Empire State: 10 Wage-And-Hour Issues On The Horizon

Employers across New York State will be ringing in the new year with wage increases — particularly those in the hospitality industry, who face additional increases for qualifying "fast food" workers. This update summarizes...more

Minimum Wage Changes to New York’s Fast Food Industry: New Hospitality Wage Order & FAQs

As we previously discussed in May and July of this year, wage and hour requirements for the fast food industry in New York State are changing starting in the new year. These changes, which go into effect on December 31, 2015,...more

New York Adopts Tipped Worker and Fast Food Worker Minimum Wage Regulations

As we reported previously, the New York State Department of Labor (“NYSDOL”) proposed a series of new regulations earlier this year. These proposals included new regulations raising the minimum wage and reducing the maximum...more

National Restaurant Association Challenges Minimum Wage Law

Earlier in 2015, the New York Legislature rejected a proposal to raise the minimum wage to $11.50 in the Big Apple, and to $10.50 in the rest of the state.  Governor Andrew Cuomo utilized his ability to direct the labor...more

Locally Sourced, Pasture-Raised, Non-GMO, and coming soon . . . E. Coli Free!

Chipotle has certainly had a rough few weeks. With news of at least another 80 people sickened (apparently from a norovirus this time) after eating at a Boston area Chipotle (on top of at least 52 people in six states from E....more

The Beef Between In-N-Out Burger and Doordash

Everyone on the West Coast knows In-N-Out Burger. For some of us Californians, the burgers may even be considered a state treasure. Doordash, on the other hand, is much less recognizable. It is an on-demand delivery service...more

Retail and Hospitality Group News - November 2015

It’s Getting Easier to do Business in Massachusetts - Within his first several months in office, Governor Charlie Baker took steps to make Massachusetts a friendlier place to do business. On March 31, 2015, Governor...more

It’s Not Delivery, It’s Infringement.

We’re not talking pizza, we’re talking burgers. Not just any burgers, either, we’re talking In-N-Out burgers. As any California transplant will tell you, no other burger from any other restaurant comes close. In-N-Out has...more

Recent Legislative and Regulatory Activity Will Impact the Payment of Wages in New York

First, Governor Andrew Cuomo recently signed legislation extending a so-called “sunset” provision in prior amendments to New York’s wage deduction statute – Section 193 of the New York Labor Law. Those amendments, enacted in...more

Will Your Workers Go On Strike On November 10? What You Need To Know

Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more

Food and Beverage Law Update: October 2015

Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more

Food for Thought: Federal Court Says Subway's Sandwiches Must Measure Up

A federal court judge from the Eastern District of Wisconsin gave preliminary approval to a settlement of the consumer class action lawsuit alleging that Subway deceptively and fraudulently advertised and sold “six-inch and...more

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