News & Analysis as of

Restaurant Industry

RAMP Certification Requirements: Expanded Enforcement Looming

As a result of the new laws enacted last year, anyone who serves or sells alcoholic beverages in Pennsylvania must be RAMP certified.  A Pa.L.C.B. e-mail advisory clarified these new laws.  Under the Pa.L.C.B. advisory,...more

Old Grounds: A Lack of Prop 65 Warnings Brew Trouble for Coffee Franchisors

by Lewitt Hackman on

California Prop 65 warnings – many residents barely notice these anymore, as we’ve lived with Safe Drinking Water and Toxic Enforcement Act notices for over 30 years now. They appear at gas pumps; in apartment and office...more

Avoiding State Law Pitfalls (Part 1 of 4)

by Bryan Cave on

This is the first hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Navigating the treacherous waters of federal employment law is not easy. ...more

New NYC Law Obliges Mobile Food Vendors To Display Sanitary Inspection Grades

by Cole Schotz on

On May 30, 2017, Mayor de Blasio signed into law Int. No. 1456, requiring mobile food vendors (food trucks, hotdog carts, etc.) to display letter grades received after sanitary inspections akin to those displayed in windows...more

Salary Threshold Regs Un-enjoined?

by Sherman & Howard L.L.C. on

Wednesday a group of Chipotle employees brought suit in New Jersey federal court alleging FLSA violations stemming from Chipotle’s failure to follow the Obama-era salary-basis regulations. As you will recall, these...more

Why a sweepstakes could seriously boost your customer surveys

by Thompson Coburn LLP on

“Excellent Shopping Trip? We Want to Hear From You” “Your Opinion Counts” “How Was Your Experience?” “We Listen to You” “Survey Sweepstakes” If you have visited a restaurant, hotel, department store, grocery store,...more

FDA Update: Menu Labeling Delay Suit, Research Oversight Change, UDI Compliance Date Delays, and Inspection Staff Reorganization

by Saul Ewing LLP on

Within the past few weeks, the U.S. Food and Drug Administration (FDA or the Agency) has taken a number of actions that could impact nearly all of the industries it regulates, but in particular, companies in the medical...more

There's an App for That: Franchisors Fight Slumping Sales, Millenials

by Lewitt Hackman on

How has the gourmet burger gone awry? According to Fox, the better burger business dropped five percent in foot traffic at quick-serve restaurants last year, primarily because consumers are opting to “DIY” their food at home....more

Unfair Scheduling: How New York City’s New Predictive Scheduling Law Continues The Trend And Makes Operations More Difficult For...

In November 2014, San Francisco passed the first predictive scheduling legislation in the country. Since that time, other states and municipalities have followed San Francisco’s lead, and have either proposed or enacted some...more

Outsourcing In The Hotel Industry – Beware Of The Pitfalls

by Fisher Phillips on

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

New York City Passes Wide-Ranging Legislation Dictating How Retail and Fast Food Establishments Schedule Workers

On May 30, 2017, New York City Mayor Bill de Blasio signed into law a package of legislation regulating how retail employers and fast food establishments in New York City schedule their employees to work. Each of these laws...more

Shifty Business: NYC Restricts Shift Scheduling for Retailers and Fast Food Chains

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Five new laws in New York City will impose strict limits on shift scheduling for fast food and retail industry employees. The laws will be effective 180 days after their signing, on November 26, 2017....more

Franchisors, Got Claims? Don't Let Them Spoil Like Bad Cheese

by Lewitt Hackman on

This is the tale of two restaurants, each facing trademark infringement claims under the Lanham Act brought by two, separate franchisors. The franchisees’ restaurants had three things in common: First, cheese is a key...more

‘Fair Work Week’ Legislation Will Significantly Impact Fast Food And Retail Employers

by Fox Rothschild LLP on

On May 24, 2017, the New York City Council passed a legislative package of five bills, known as the “Fair Work Week” legislation. On May 30, 2017, Mayor Bill de Blasio signed the legislative package into law. These new laws...more

Crisis Management – Are You Prepared?

by Fisher Phillips on

Newspaper headlines, television airwaves, and social media links are filled with companies dealing with crises on a near-daily basis. Just as Samsung learned in 2016 when its phones were catching on fire, and as United...more

Tips, Service Charges & Automatic Gratuities and Why You Should Care

by Ervin Cohen & Jessup LLP on

Most employers are familiar with the basics. A tip is a voluntary amount of money a guest leaves for an employee over the amount due for the goods sold or services rendered. ...more

Wal-Mart Stores, Inc. v. National Labor Relations Board

Amicus Brief in Support of Wal-Mart Stores, Inc.

by Restaurant Law Center on

Summary of position of amicus: “While employees have the right to withhold their labor, they do not have the right to occupy the workplace and prevent customers from enjoying an atmosphere that is free from disruption and...more

Rosebud Restaurants to Pay $1.9 Million to Settle EEOC Race Discrimination Suit

Federal Agency Alleged Italian Restaurant Group Refused to Hire African-American Applicants - CHICAGO -- Rosebud Restaurants, Inc. will pay $1.9 million and furnish other relief to settle a class race discrimination...more

Avoid singing the blues: how employers can mitigate wage/hour liability

by FordHarrison on

In the last few years, there have been multiple headlines noting that celebrities are being sued for their (or their businesses’) failure to pay wages in accordance with applicable state and/or federal law. Two such recent...more

New York City Council Passes Major Workplace Reforms For Fast Food & Retail Workers

by Jackson Lewis P.C. on

The New York City Council has passed five bills as part of a legislative package intended to reform scheduling and workplace practices for fast food and retail workers in New York City. The legislative package, first...more

New York City food retailers subject to early enforcement of calorie labeling rules

by DLA Piper on

Despite the recently delayed implementation of the federal menu labeling requirements announced by the FDA on May 4, 2017, New York City Mayor Bill de Blasio issued a press release on May 18, 2017, announcing that all New...more

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

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