Restaurant Industry

News & Analysis as of

New York Singles Out “Fast Food” Industry for Minimum Wage of $15.00

On July 27, 2015, the New York Fast Food Wage Board (“FFWB”) formally approved resolutions to increase the minimum wage for workers in quick-service and fast-casual restaurants in New York City and the rest of New York to...more

N.Y. State Fast Food Workers Likely To Win $15 Minimum Wage Raise

As previously reported, Gov. Andrew Cuomo in May empaneled a three-person wage board (the Board) to study and fix perceived wage inequality suffered by New York’s fast food workers – including by recommending whether, and by...more

Jersey City Enacts Wage Theft Prevention Ordinance

Jersey City Mayor Steven Fulop has signed into law a wage theft prevention ordinance that gives the City the power to deny or suspend an employer’s Jersey City-issued business license if the employer is found liable of...more

Who’s the Boss? In Policies Covering Multiple Insureds, the Details Matter

Liability policies for businesses are subject to a number of common exclusions; many, for example, do not cover liability to employees of the business who are injured on the job. Frequently, those policies do provide...more

Be Alert Asia Pacific: Employment Law Newsletter: The Labour Tribunal Has Teeth and Can Bite the Claimant Too!

Following the changes made to the Labour Tribunal Ordinance in December 2014, the Labour Tribunal now has power to order either the employer or the employee to provide security for payment of an award. However, can the...more

Updates to Nevada’s Gaming Laws – 2015 Legislative Session (Cont.#2)

Procedural and Administrative Changes and Clarifications - AB40 - A key administrative change effected by AB40 is to change the name of the “State Gaming Control Board” to the “Nevada Gaming Control Board.”...more

Restaurant Industry Alert: Wage Board Proposal - Fast Food Workers' Minimum Wage May Rise to $15 in New York City by 2018

On July 22, 2015, the New York State Department of Labor's (NYSDOL) Wage Board voted to recommend a 171 percent increase in the minimum wage for fast food workers in New York City (NYC), from the current hourly rate of $8.75...more

Wage Board Recommends an Increase in the Minimum Wage for Fast Food Workers to $15.00 Per Hour

On July 22, 2015, the Fast Food Wage Board (which was empaneled at the direction of Governor Cuomo to investigate and make recommendations regarding an increase in the minimum wage for employees in the fast food industry)...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - House committee approves law to bar states from requiring GMO labeling. On...more

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The...more

2015 Florida Legislative Post-Session Report

Carlton Fields Jorden Burt’s Government Law and Consulting Practice Group released its 2015 Florida Legislative Post-Session Report detailing significant bills that passed during the 2015 Regular Session of the Florida...more

FDA Extends Menu Labeling Regulation to December, 2016

The Food and Drug Administration (FDA) just announced plans to push the effective date for its new federal menu labeling regulations to December 1, 2016.The FDA has extended the date (most recently, December 1, 2015) in order...more

Is Your Cocktail Lounge Taking Steps To Avoid Allergy Risks?

A rising percentage of Americans suffer from food-related allergies, and while efforts to warn of potential food allergies has become commonplace in restaurants, the issue gets surprisingly little attention in bars or...more

At The Corner of Trademarks and Confusion

Even in the age of the Internet, the geographic use of a trademark is an important consideration in determining whether your mark is likely to confuse consumers as to the source of your goods or services. Geographic...more

Should Employers Be Allowed to Count Nondiscretionary Bonuses Toward the FLSA’s Minimum Salary Threshold? The DOL Wants Your...

As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more

FDA Extends Menu Labeling Compliance Date

On July 9, 2015, the U.S. Food and Drug Administration (FDA) announced that it is extending the date for compliance with its menu labeling requirements by one year. Under the new timeframe, businesses covered by the menu...more

Restaurant Industry Update: Tennessee Court of Appeal Permits Lawsuit under State Tip Law to Proceed

The Tennessee Court of Appeal has held that a bartender can proceed with her lawsuit under §107 of the Tennessee Wage Regulation Act (TWRA), claiming her employer failed to pay her and other similarly situated employees tips...more

EEOC Sues Rotten Ralph’s Restaurant for Religious Discrimination

Restaurant Fired Muslim Employee Because of Her Required Religious Garb, Federal Agency Charges - PHILADELPHIA - Rotten Ralph's, a popular Philadelphia restaurant, violated federal law when it refused to allow a server...more

FDA Extends Menu Labeling Deadline

Responding to input from stakeholders, the FDA has decided to extend the deadline for complying with its Menu Labeling Final Rule from December 1, 2015 to December 1, 2016. In general, the Rule requires chain restaurants and...more

FDA Announces New Menu Labeling Compliance Date

In a Federal Register Final Rule to be published tomorrow (July 10, 2015), the U.S. Food and Drug Administration (FDA) will announce that it has extended by one year (to December 1, 2016) the date by which covered restaurants...more

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

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