News & Analysis as of

Restaurant Industry

FDA Postpones Menu Labeling Rule Again

by Jones Day on

On May 1, 2017, FDA announced it was extending the compliance date for the menu labeling final rule from May 5, 2017, to May 7, 2018. The rule requires calorie information to be listed on menus and menu boards of restaurants...more

Georgia Governor Signs Law Preempting Predictive Scheduling Ordinances

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 8, 2017, Governor Nathan Deal signed a law expanding the reach of a pre-existing statute that prohibits Georgia localities from passing ordinances affecting worker pay in Georgia. The amendment is in...more

FDA Recalls FDA Menu Regulations

FDA watchers may have experienced whiplash last week as the FDA did an about face and postponed restaurant nutritional disclosure regulations that were years in the making. ...more

Will We Have a Hodgepodge of Menu Labeling Laws?

by Davis Wright Tremaine LLP on

Now that the FDA has (yet again) decided to delay enforcement of its menu labeling regulations for another year (and possibly to change the regulations entirely), one question seems to be on everyone’s minds: will we need to...more

EEOC Sues Ruby Tuesday For Age Discrimination

Boca Raton Restaurant Refuses to Hire a Qualified Applicant Because It Wanted to 'Maximize Longevity,' Federal Agency Charges - FORT LAUDERDALE, Fla. - Ruby Tuesday, Inc., a national casual dining restaurant chain,...more

Restaurants: Do your employees know that you take the tip credit?

by Franczek Radelet P.C. on

If not, you might have a problem. In 2011, the U.S. DOL published a regulation mandating that restaurants who count tips toward the minimum wage as permitted under the Fair Labor Standards Act have to notify employees...more

FDA’s Delay in Implementing Calorie Labeling Law Leaves Fate Uncertain

by Bryan Cave on

The latest delay by the Food and Drug Administration (FDA) in implementing new calorie labeling rules gives restaurants and food retailers a little breathing room. Originally set for May 5, the agency pushed back the deadline...more

Pa.L.C.B. Announces Third Restaurant Liquor License Auction Under Act 39 of 2016

The Pennsylvania Liquor Control Board has announced the third restaurant liquor license auction, which is permitted under Act 39 of 2016. These auctions are for “zombie licenses” that have been expired and in possession of...more

B.C. bans employers’ mandatory high heels policies in some workplaces: amendments to footwear regulations now in effect

by Dentons on

On April 7, 2017, the British Columbia government amended the footwear regulation under the Occupational Health and Safety Regulation, BC Reg 296/97 (the “Regulation”) to specify that employers cannot require a worker to wear...more

Give Me a Break: Break Me Off a Piece of That…Meal Kit?

by Goulston & Storrs PC on

Short on time and patience, consumers are jumping on the bandwagon of meal kits and meal kit delivery services, which have taken the retail food industry by storm. Meal kits and meal kit delivery services – such as, Plated,...more

California Supreme Court Puts to Rest Labor Code Interpretation

by Carlton Fields on

Like the Good Lord, California employees are guaranteed one day of rest every workweek under a new California Supreme Court decision, which will have broad implications for employers in California, especially those in the...more

Hold That Order! FDA Freezes Menu Labeling Rules Until 2018

by Seyfarth Shaw LLP on

The Food and Drug Administration (“FDA”) has extended the compliance date for its menu labeling rules just days before the final rules were set to take effect....more

El Chaparro to Pay $20,000 to Settle EEOC Sexual Harassment Suit

Owner Abused Four Servers at Greensboro Tex-Mex Restaurant, Federal Agency Charges - ATLANTA - El Chaparro, Inc., a Tex-Mex restaurant in Covington, Ga., will pay $20,000 to settle a sexual harassment lawsuit brought by...more

The Trend Toward Greater Integration Of Foodservice Operators In Retail Real Estate

by Cole Schotz on

The International Council of Shopping Centers (ICSC) recently released an interesting report prepared in collaboration with Jones Lange LaSalle (JLL) entitled The Successful Integration of Food & Beverage Within Retail Real...more

Compliance Deadline For Menu Labeling Regulation Postponed Due To Implementation Challenges; Further Request for Comments

For those anxious about today’s compliance date for Food and Drug Administration’s (FDA) regulations governing calorie labeling, the compliance deadline has been postponed. FDA has again decided to delay the compliance date...more

FDA Extends Compliance for Restaurant Food Labeling and Seeks Additional Comments

The Food and Drug Administration (FDA) has extended the compliance date for the final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments....more

EEOC Sues Applebee's Grill and Bar for Sexual Harassment

Assistant Manager at North Myrtle Beach Location Subjected Two Sisters to Sexual Comments and Touching, Federal Agency Charges - FLORENCE, S.C. - Green Apple, LLC, dba Applebee's Grill and Bar, violated federal law when...more

The FDA Extends Menu Labeling Compliance Date to 2018

by Baker Donelson on

On Monday, May 1, the United States Food and Drug Administration (FDA) announced it was extending the compliance date for its final rule governing menu labeling requirements from May 5, 2017 to May 7, 2018. The rule,...more

Restaurant Wrong To Fire Workers Over Email Criticizing the Restaurant and its Managers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employer must reinstate four employees after it terminated the employees for agreeing with a former coworker’s email that complained about their terms and conditions of employment. ...more

FDA Extends Compliance Date for Menu Labeling Rule (Again)

by Faegre Baker Daniels on

The U.S. Food and Drug Administration (FDA) announced on May 1, 2017, that it is extending the compliance date for the menu labeling rule by a year, from May 5, 2017 to May 7, 2018. According to FDA, “this extension allows...more

FDA Delays Menu Compliance Date … Again

by Barley Snyder on

NOTE: This is an update to a previous alert, “Menu Compliance Counts Starting May 5th.” The effort to delay the compliance date for calorie labeling in restaurants and other retail food establishments has succeeded, with...more

Opening a Restaurant in New Jersey – A Liquor License Q & A

by Cole Schotz on

If you have plans to open a restaurant in New Jersey and would like to serve alcohol, you should be aware of the longstanding rules related to liquor licenses. Most New Jersey municipalities are not able to issue new liquor...more

Business Law Update - May 2017

by Barley Snyder on

Through June 19, the Pennsylvania Tax Amnesty Program will waive all penalties and slash the interest rate on outstanding tax delinquencies that existed as of the end of 2015. Both the state and the Pennsylvania Department of...more

Menu Labeling On Hold – Again

It appears the FDA is again pushing back the compliance date for its menu labeling regulations, which had been set for May 5, 2017. Although the agency has not yet made an announcement of the 11th-hour delay, on Thursday it...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19651 - Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act - Appellate Court Advance Release Opinions: AC38279 - Al Dente, LLC v....more

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