News & Analysis as of September 23, 2024

Hiring & Firing › Restaurant Industry

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Littler Lightbulb: August Appellate Roundup

Littler on 9/6/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Tips from Seyfarth: In a Major Win for Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule

Seyfarth Shaw LLP on 8/26/2024

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Restaurant Settles EEOC Lawsuit Based on Denying Cook’s No-Sundays Request: 6 Steps for Handling Religious Accommodation Requests

Fisher Phillips on 8/20/2024

A North Carolina restaurant franchisee has agreed to pay $40,000 and take other corrective measures to settle a religious discrimination and retaliation lawsuit filed by the EEOC after being accused of denying a cook’s...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

EEOC’s Crosshairs Locked On Harassment of Teens In Restaurant Industry

Seyfarth Shaw LLP on 5/24/2023

Seyfarth Synopsis: Over the past several years, the EEOC has maintained a litigation focus on protecting young workers in low wage jobs from sexual harassment. This has translated to intense scrutiny of teenagers working in...more

Will New York City scrap employment at will?

Constangy, Brooks, Smith & Prophete, LLP on 12/15/2022

In December 2020, the New York City Council passed the Wrongful Discharge Law, which prohibited fast food employers from terminating employees “except for just cause or for a bona fide economic reason.” A bill has now been...more

Top 10 New California Employment Laws Signed into Effect by Governor Newsom

Fisher Phillips on 10/5/2022

As we previewed previously, a number of hot-button legislative proposals made it to Governor Newsom’s desk this year – many of which would change the landscape for California employers. For the first time since the COVID-19...more

EEOC Sues Hillstone for Age Discrimination

U.S. Equal Employment Opportunity Commission... on 4/19/2022

Restaurant Refused to Hire Older Applicants at Its New York City Locations, Federal Agency Charges - NEW YORK – Hillstone Restaurant Group, Inc. violated federal law by denying employment to applicants age 40 and over for...more

The California Legislature Is Back in Town – Employers Should Monitor These 10 Bills

Fisher Phillips on 2/24/2022

The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more

The Top 18 Workplace Law Stories from August 2021

Fisher Phillips on 9/9/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

Polsinelli on 8/9/2021

On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more

Restaurant Rebound: How Employers Can Build and Keep Top-Notch Service Teams

Jackson Lewis P.C. on 7/19/2021

The restaurant industry continues its slow, but steady recovery from the impacts of COVID-19. One of the most critical issues facing employers is attracting and retaining talent in the face of increasing difficulties to do...more

How to Manage Risk in a Sizzling Summer Labor Market

Miles & Stockbridge P.C. on 7/12/2021

After more than a year of widespread unemployment, 2021 summer travelers saw establishments of all kinds advertising employment openings. With the expiration of pandemic-related federal and state unemployment benefits, many...more

Two Upcoming NYC Laws Severely Impact Fast Food Employee Discharge, Scheduling, and Hiring

Davis Wright Tremaine LLP on 6/18/2021

In a move that will likely cause local fast food restaurants to strongly consider automating many jobs currently performed by human beings, New York City has enacted a pair of laws effectively eliminating the at-will...more

Weekly Update for Government Contractors and Commercial Businesses – May 2021 #2

PilieroMazza PLLC on 5/20/2021

Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 3 of 3) - This is the final part of our three-part series on revenue clawbacks. The scenario: a customer or teaming partner goes bankrupt and then...more

Hospitality Industry In 2021: Bringing Employees Back To Work During COVID-19 Pandemic

Jackson Lewis P.C. on 4/13/2021

With COVID-19 vaccinations rolling out across the country, loosening restrictions on operations, increased demand, and other signs of recovery in the industry, hospitality employers are poised to expand their workforces. This...more

New York City Council Imposes Stricter Discipline Requirements on Fast Food Employers

Faegre Drinker Biddle & Reath LLP on 2/23/2021

The New York City Council has passed two bills that limit employers’ ability to discharge employees in the quick-service restaurant industry. In an expansion of the Fair Workweek Law, the new legislation permits employers to...more

New York City Enacts Protections for Fast Food Industry Workers Against Termination and Scheduling Changes

Nelson Mullins Riley & Scarborough LLP on 2/22/2021

Mayor Bill De Blasio signed into law two bills on January 5, 2021, 1396-A and 1415-A as introduced in 2019, regulating employment in the fast food industry. The bills create limitations that affect hiring, firing,...more

NYC Gives Major Protections To Fast Food Workers

Saul Ewing LLP on 1/14/2021

On January 5, 2021, New York City Mayor Bill de Blasio signed two new laws that provide significant safeguards for workers in NYC’s fast food industry. Effective July 4, 2021, fast food employees who have completed an initial...more

NY City Council Ends At-Will Employment For Fast Food Workers

Fox Rothschild LLP on 12/22/2020

On December 17, 2020, New York City Council passed amendments to the Fair Work Practices chapter of the New York City Administrative Code, referred to as the “Fair Work Week Law,” that will significantly alter the...more

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on 10/13/2020

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Oakland Passes Right Of Reemployment Ordinance Impacting Hospitality, Restaurant, Event Center, And Travel-Related Employers

Jackson Lewis P.C. on 7/24/2020

Despite California’s recent statewide closures for indoor operations at restaurants, movie theaters, family entertainment centers, zoos, wineries, and closures for select hospitality businesses across more than 30 counties,...more

California Supplemental Paid Sick Leave for Food Sector Workers

Cozen O'Connor on 4/20/2020

On April 16, 2020, California Governor Gavin Newsom signed Executive Order N-51-20 extending COVID-19 supplemental paid sick leave to qualified food sector workers in California. ...more

Financial Daily Dose 3.17.2020 | Top Story: The Bear Market Roars, with Markets Falling nearly 13% as Whole Sectors of US Economy...

Robins Kaplan LLP on 3/17/2020

As Americans [way-too] slowly come to the realization that COVID-19 is a very real and very present threat, the business world is changing around them at a staggering pace. Stocks nosedived again on Monday, with the three...more

Child Labor Law Enforcement On The Rise

Fisher Phillips on 3/16/2020

The Department of Labor started off 2020 by focusing its enforcement efforts on child labor law compliance. In January, several large quick-service franchisee restaurants were slapped with hefty penalties for violating child...more

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Hiring & Firing › Restaurant Industry

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