Resorts & Restaurants

News & Analysis as of

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

Et tu, Brutus? Yet Another New York Court Offers Guidance on the Do’s and Don’ts (Mostly Don’ts) in Post-Employment Restrictive...

A recent non-compete case out of a New York County court offers employers valuable drafting tips on non-compete and non-solicitation provisions....more

P.F. Chang’s CGL Insurer Seeks Declaratory Judgement on Data Breach Claim

P.F. Chang’s China Bistro made headlines when it recently reported that 33 of its restaurant locations spanning 18 states suffered a data breach in connection with the restaurant’s point-of-sale payment systems. While the...more

Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case

In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)...more

Avoiding and Defending Florida License Tax Audits

Florida hotels and restaurants are facing license tax audits, assessments and penalties in increasing numbers. A "license" is statutorily defined as the granting of a privilege to use or occupy a building or real property....more

NLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees

Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor...more

DOL Hits Restaurant for $800k for Illegal Tip Withholdings

The Department of Labor continued its roundup of restaurants supposedly skirting wage and hour laws, recently reaching a settlement with a Texas-based restaurant for $650k in back wages and $150k in penalties to be split...more

NYC Restaurant Scene Extends to Newark In Concurrent Use Trademark Case

The matter of Terra Sul Corp. v. Boi Na Braza, Inc. involved a concurrent use proceeding between two restaurants over their nearly identical names. In theory, the scope of the conflict was nationwide, but in reality, as one...more

Old Fashioned Protected Concerted Activity Stirred Up With A Twist

A recent NLRB ALJ decision illustrates the old and the new under the National Labor Relations Act (“Act”). The case is Gates & Sons Barbeque of Missouri, Inc. and Workers’ Organizing Committee, Kansas City, No. 14-CA-110229...more

TCPA Connect - June 2014

TCPA Suit Based On Texts Unrelated To Promotion - Running a Cyber Monday promotion led to a Telephone Consumer Protection Act lawsuit for Cosmopolitan Hotels & Resorts. ...more

"Summertime and the Livin' Is Easy" Tips to Make Sure "Tips" Don’t Create Problems Down the Road

Summertime can be the high season for many service establishments, such as restaurants, hotels and recreational facilities, as we all take some time to relax and enjoy the weather. But with wage and hour litigation constantly...more

Sbarro LLC Confirms Plan of Reorganization

On Monday, May 29, 2014, the United States Bankruptcy Court for the Southern District of New York approved Sbarro LLC’s plan of reorganization, paving the way for the pizza restaurant chain to exit bankruptcy. Sbarro filed...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 1: Title VII Is Constitutional

Number 1: Title VII Is Constitutional - In 1926, James “Ollie” McClung opened a barbecue restaurant in Birmingham, Alabama. It’s hard to imagine that Ollie could have had any idea how famous (or infamous) his...more

Calorie Counts on Menus and Menu Boards to Be Mandatory for Ontario Franchises

On February 24, 2014, Ontario’s minority Liberal government introduced Bill 162, Making Healthier Choices Act, 2014. If passed, the legislation would require restaurant chains and other food service providers with 20 or more...more

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

Pennsylvania Tavern Games Licenses [Video]

At the end of 2013, Act 90 was passed into law. Act 90 allows certain liquor license holders to have tavern games in their establishment. If you currently have a Restaurant, Hotel, Privately Owned Public Golf Course, or...more

Confusing Expiration Labels Cost Texas Restaurants

All restaurants have to deal with the issue of throwing away food at the end of the day. According to the National Resources Defense Council (NRDC), a powerful environmental action group and the Harvard Food Law and Policy...more

All Press Is Good Press For Texas Restaurants

Some of you may have heard the latest uproar caused by Pizza Patrón. Known for its undaunted ability to generate press from clever, edgy marketing campaigns, Pizza Patrón’s latest endeavor was to name a pizza, La Chingona....more

Michigan’s BYOB Wine Legislation Now In Effect

After considerable anticipation, House Bill 5046, one of three pieces of legislation regulating Michigan liquor licensees that was approved in late 2013, is scheduled to take effect the week of March 10, 2014....more

Ownership Of Competitive Franchise Systems: Risks And Rewards

Franchise systems have been, and continue to be, sought-after investment and acquisition targets. As a result of this, the demand for ownership of franchise systems often exceeds supply. In fact, there has been almost a...more

Ricardo's Restaurant will Pay $20,000 to Resolve EEOC Sexual Harassment Suit

Co-Owner's Pervasive Harassment Forced Female Employee to Quit, Federal Agency Charged - ERIE, Pa. -- Ricardo's Restaurant, Inc. of Erie will pay $20,000 and furnish significant equitable relief to resolve a federal...more

Celebrity Trademark Watch: What Do Bob Marley and Chicken Fingers Have in Common?

Apparently, the answer is “One Love.” On December 6, 2013, Fifty-Six Hope Road Music, Ltd. (“Hope Road”), which controls reggae legend Bob Marley’s estate, filed a federal trademark infringement action against the restaurant...more

Restaurant Industry Newsletter - August 2013

Fast Food Strikes Spread Across the Nation - Executive Summary: Recently, unions and union-backed workers' centers have set their sights on employers in the restaurant industry, particularly those operating fast-food...more

Morgan Hill Restaurant Settles EEOC Retaliation Suit

The Good Fork Pays Dishwasher $20,000; Implements Policy and Training in Spanish - SAN JOSE - The Good Fork (formerly doing business as Fuzia), a Morgan Hill restaurant, agreed to pay $20,000 to a former dishwasher...more

The Not-So-Happy Place of Genericness

Restaurant trade dress is possible to own when the claimed trade dress is distinctive and non-functional, think Taco Cabana. Restaurant trade dress can be so unique in the marketplace that distinctiveness is presumed with a...more

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