Restaurant Industry

News & Analysis as of

If Your Baristas Can Show Off Their Tattoos, Will Your Employees Be Next?

Coffee giant Starbucks recently announced a major change to its dress and appearance policy, allowing baristas to visibly display tattoos for the first time in the company’s 44-year history. The company decided that employee...more

It’s Coming: Overtime Pay for More Workers

Coming to a store or restaurant near you soon!  Supervisors will get overtime! “Too many Americans are working long days for less pay than they deserve.” —President Obama on overtime pay...more

NC ABC Law Changes, How Will This Impact Your Business?

North Carolina Governor Pat McCrory signed House Bill 909 into law on June 19, 2015, which makes several significant changes to North Carolina alcoholic beverage control (“ABC”) laws. The bill includes changes to North...more

Noodles Asian Bistro to Pay $25,000 to Settle EEOC Pregnancy Discrimination Lawsuit

Restaurant Fired Employees Because of Pregnancy, Federal Agency Charged - MEMPHIS, Tenn. - Noodles Asian Bistro, Inc., an Asian restaurant located in Bartlett, Tenn., will pay $25,000 to settle a pregnancy...more

Are You in the DOL's Crosshairs? Statistics Give Warning to Retail, Hospitality Employers

Last week, the Department of Labor posted a new blog post from Wage and Hour Division Administrator Dr. David Weil highlighting the DOL’s wage and hour enforcement efforts. Dr. Weil’s statement that the DOL recovered “over...more

Employing foreign workers in Israel

Immigration for non-citizens into Israel is governed by the Entry into Israel Law (1952). Since the 1990’s, hundreds of thousands of immigrant workers have come to Israel to be employed in various capacities as temporary...more

May Companies Reduce Employee Hours to Avoid ACA Requirements?

The Affordable Care Act (the “ACA”) generally requires that large employers offer health coverage that meets certain requirements to their full-time employees (i.e., employees working 30 hours or more per week) and their...more

Class Action Suit Alleges Dave & Buster’s Cut Employee Work Hours to Skirt ACA Obligation to Offer Health Coverage

In the first lawsuit of its kind, a purported class of approximately 10,000 workers at Dave & Buster’s, the restaurant chain, filed a lawsuit in the Southern District of New York (Marin v. Dave & Buster’s, Inc., S.D.N.Y., No....more

Insurance Recovery Law - June 2015 #3

No Policy? No Problem, The First Circuit Rules In A Coverage Dispute - Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more

Insurance Recovery Law - June 2015 #2

No Policy? No Problem, The First Circuit Rules In A Coverage Dispute - Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more

NY Composting Initiative May Dump New Requirements on Local Restaurants

The New York City Sanitation Department (DSNY) implements a city-wide composting program that collects residential food waste at drop-off sites in all five boroughs. The DSNY is now considering whether to require restaurants,...more

San Francisco Retail Workers Bill Of Rights Takes Effect July 3, 2015

The Ordinances impose significant new obligations regarding hiring and day-to-day operations of certain retail and service establishments that do business in San Francisco. The San Francisco Retail Workers Bill of Rights...more

DOL Investigation Tactics and Pending Proposed Rule Come Under Fire During House Hearing

In anticipation of the imminent release of the Department of Labor's proposed rule revising the white collar overtime exemption under the Fair Labor Standards Act (FLSA), the House Subcommittee on Workforce Protections held a...more

Successor Liability for Discrimination Claims

Since most businesses are organized in a corporate form, the typical defendant in an employment discrimination lawsuit is a corporation. If a corporate defendant is dissolved during the course of the lawsuit and has few or...more

Pre-Arbitration Injunction May Only Preserve Status Quo - Benihana, Inc. v. Benihana of Tokyo, LLC

In the context of a dispute surrounding a breach of a trademark license agreement that provided for arbitration of certain disputes, the U.S. Court of Appeals for the Second Circuit concluded that it was inappropriate for a...more

Wave of ADA Public Accommodation Lawsuits Continue to Spread, Hits Illinois

In recent weeks, we have seen a surge in Illinois of private plaintiff lawsuits filed under the public accommodation provisions of the Americans with Disabilities Act of 1990 (ADA). Public accommodation lawsuits have been...more

The Evolving Definition of Joint Employers

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

H2H Enterprises / Huddle House #670 to Pay $15,000 to Settle EEOC Racial Harassment Lawsuit

Restaurant Managers Created a Racially Hostile Work Environment For Black Employee, Federal Agency Charged - PINE BLUFF, Ark. - H2H Enterprises, Inc., d/b/a/ Huddle House #670 in Pine Bluff, Ark., will pay $15,000 to...more

Aching Joints: Franchisor Avoids Liability for Franchisee's Labor Disputes

Any time an employer is involved in a franchise relationship, there are bound to be unique issues when legal disputes arise, particularly in the employment context. It is no longer surprising to see the names of any and all...more

New California Water Restrictions Extend to Restaurants, Bars and Hotels

California is in year four of a severe drought crisis that is the worst in the state’s history. In January 2014, Governor Jerry Brown declared a state drought emergency in California and asked state residents and businesses...more

Game-Changing Developments Threaten Franchise Business Model

The National Labor Relations Board (NLRB) and Service Employees International Union (SEIU) have been coordinating attacks on the franchise business model. These activities were a primary focus for all attendees at the May...more

BMI Wins Summary Judgment of Copyright Infringement After Restaurant Owner Fails to Respond to Requests for Admission

Plaintiff Broadcast Music, Inc. (“BMI”), a music rights management organization that offers licenses to a massive catalogue of popular songs on behalf of copyright owners, brought suit for copyright infringement against the...more

Southern District of New York Reiterates its Narrow View of Privilege Protection for Consultants Assisting Lawyers

Client agents/consultants normally fall outside privilege protection, unless they help facilitate communications between the client and lawyer. Recognizing this, some lawyers seek privilege protection by hiring the...more

TCPA FCC Petitions Tracker

Kelley Drye’s Communications Practice Group presents this comprehensive tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). ...more

The Bryant Park Hotel Denied Preliminary Injunction in Trademark Dispute

The Bryant Park Hotel has been using its registered trademarks, including the well-known mark THE BRYANT PARK HOTEL, in connection with hotel, restaurant, and bar services since 2001, but U.S. District Judge Rakoff found that...more

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