News & Analysis as of

Joint Employers Restaurant Industry

Clark Hill PLC

The Learned Concierge - December 2023, Vol. 3

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Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Fisher Phillips

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

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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

Fisher Phillips

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

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Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

Littler

California Legislature Serves Up Bill Proposing Joint Employer Liability For Fast Food Franchisors

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With one day left to spare before the deadline to introduce new bills, on February 16, 2023, California Assemblymember Chris Holden (D-41) introduced Assembly Bill 1228, the “Fast Food Franchisor Responsibility Act.”  This...more

Polsinelli

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

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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

Fisher Phillips

What’s Next for Hotels And Restaurants: The 5 Things Hospitality Employers Can Expect Under The Biden Administration

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The pandemic and government shutdowns/restrictions continue to have a devastating effect on hospitality employers after a catastrophic 2020. As the industry works to recover in 2021, it looks increasingly likely that...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

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If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

FordHarrison

One Small Win for McDonald's, and One Giant Victory for Small Business Owners

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On Thursday, December 12, 2019, the National Labor Relations Board (NLRB or the Board) ordered an administrative law judge to approve a settlement previously reached between McDonald’s, its franchisees, and workers. Although...more

Littler

Fall Regulatory Agenda Indicates DOL Wage and Hour Division is Working on Seven Regulatory Priorities

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The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019.  Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities.  Only one of these is new: a...more

FordHarrison

Restaurant Employment Law Compliance Checklist: 12 Employment Topics Every Restaurant Company Should Consider Before 2020

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Executive Summary: As summer is now in full swing, we find it timely to distribute our Restaurant Employment Law Compliance Checklist. The following 12 topics create compliance challenges in the restaurant industry –...more

Seyfarth Shaw LLP

April Rules: DOL Continues Rulemaking Sprint With New Proposed Joint Employment Standard

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Seyfarth Synopsis: On April 1, 2019, the U.S. DOL announced a proposed rule to clarify joint employment under the FLSA. The rule would establish a four-factor balancing test for joint employer status....more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

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Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Polsinelli

NLRB Judge Rejects Proposed Settlement In McDonald’s Joint Employer Case

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On July 17, 2018, a National Labor Relations Board (“Board”) Administrative Law Judge (“ALJ”) rejected a proposed settlement that would have concluded the closely-watched consolidated unfair labor practice case against...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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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

Holland & Knight LLP

Food and Beverage Law Update: August 2017

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Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Littler

WPI Wage Watch: Minimum Wage and Overtime Updates (July Edition)

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It’s summertime, but the living is anything but easy for employers trying to track minimum wage and overtime developments. The U.S. Department of Labor is defending legal challenges to various rules the Obama administration...more

Fisher Phillips

Outsourcing In The Hotel Industry – Beware Of The Pitfalls

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In recent years, a number of hotels both in the United States and abroad have increasingly outsourced certain departments. Housekeeping, valet parking, and some or all aspects of food service are frequently selected as...more

Littler

Restaurant and Business Leader Andy Puzder Picked to Lead the DOL

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President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate...more

Buchalter

Hospitality, Food and Beverage Industry Newsletter

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We are pleased to share the first edition of our Hospitality, Food and Beverage Industry Newsletter with you. This Newsletter addresses important recent legal developments affecting the hospitality and restaurant industry and...more

Fisher Phillips

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

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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

Holland & Knight LLP

Food and Beverage Law Update: October 2015

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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

Troutman Pepper

August 2015 Independent Contractor Compliance and Misclassification News Update

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August 2015 was not a vacation month for independent contractor cases. No less than seven major litigation events transpired this past month, highlighted by more of the same as well as some new developments. Several companies...more

Seyfarth Shaw LLP

[Webinar] How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers? - August 31st,...

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The NLRB is expected to release its long-anticipated decision in Browning-Ferris Industries of California, Inc. shortly, possibly today. This decision will likely mark a radical departure from the currently accepted standard...more

Fisher Phillips

The Evolving Definition of Joint Employers

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The National Labor Relations Board and various union-backed organizations are ratcheting up efforts aimed at changing the landscape of who qualifies as a joint employer. Right now, these aggressive efforts are most pronounced...more

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