Restaurant Industry

News & Analysis as of

Upscale Food Halls—On Trend and On The Rise

The growth of high-end food halls is taking off around the country as consumers seek fast, fresh, high-quality, chef-driven meals with a local touch, and as landlords seek to cash in on the continued growth of fast-casual...more

Seventh Circuit Affirms Denial of Class Certification for Failure to Show Commonality under Dukes in Vacation Pay Suit

Last week, in McCaster et al. v. Darden Restaurants, Inc. et al., No. 15-3258 (7th Cir. Jan. 5, 2017), the Seventh Circuit relied on Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) and affirmed the district court’s denial...more

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

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

Indiana Court of Appeals Allows Negligent Hiring Claim Despite Admission that Employee Acted Within Scope of Employment

The Indiana Court of Appeals recently determined that a negligent hiring claim against Pizza Hut can continue to move through the trial court after finding that the trial court erred when it granted summary judgment in favor...more

Major Changes to New York Overtime and Minimum Wage Regulations to Take Effect on December 31, 2016

As of December 31, 2016, employers wishing to claim an administrative or executive exemption to New York State’s overtime regulations must raise each exempt employee’s salary threshold to $727.50-$825.00 per week, depending...more

New York State Has Adopted Amendments to Existing Minimum Wage Orders

The New York State Department of Labor (NYSDOL) has adopted the proposed amendments to its Wage Orders – ending weeks of speculation about whether and when increases in the minimum salaries for employees to be exempt from...more

Florida's Minimum Wage Rate Increases January 1, 2017

Effective January 1, 2017, Florida's minimum wage rate will increase from $8.05 per hour to $8.10 per hour. The increase is calculated by the Florida Department of Economic Opportunity and is based on the percentage increase...more

Shareholders Derivative Suit Filed against Wendy’s for Data Breach

Continuing the trend of filing a shareholders derivative suit following a data breach, a Wendy’s shareholder recently filed a derivative suit against Wendy’s executives and board members alleging they did not adequately...more

NYC Joins the Pre-Trump Push for Employee Work Schedule Protections

New York City has joined several other cities, including San Francisco and Seattle, introducing legislation that offers more predictable, stable work schedules for employees in low-wage occupations. The legislation generally...more

Jimmy John's Settlement Cautions Employers Over Widespread Non-Compete Use

The Jimmy John’s sandwich chain recently settled state law claims in Illinois relating to its former requirement that hourly restaurant employees sign non-competition agreements that prohibit them from working for a competing...more

New York City Council Seeks Major Workplace Reforms for Fast Food, Retail Workers

The New York City Council has introduced six 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 legislation, introduced on...more

Pennsylvania Tap Marker Requirements Pulled Under Act 166

Pennsylvania’s onerous liquor laws continue to modernize under new enactments. Previously, each brand of beer on tap had to have its own branded tap marker as a part of its draught system. Many breweries and restaurants had...more

Restaurant and Business Leader Andy Puzder Picked to Lead the DOL

President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate...more

Michael Hensley and John Lierman Obtain Summary Judgment

Jones, Skelton and Hochuli Partner, Michael Hensley, and Associate, John Lierman, recently obtained summary judgment on all claims in Maricopa County Superior Court, for two Phoenix Police officers and a client restaurant,...more

3 Biggest Workplace Law Concerns For Breweries And Brewpubs

As virtually all startups and small businesses know, one of the surest ways to kill a promising enterprise is to get involved in costly litigation. Breweries and brewpubs are no exception. The current rise in employment...more

Who’s the PATRÓN Anyway?

PATRÓN (meaning “boss” or “landlord” in Spanish) is a pretty famous brand name of tequila (federally-registered since 1993), and don’t forget this gem from the archives...more

The Minimum Wage in 2017: A Coast-to-Coast Compliance Challenge

Minimum-wage-related actions in 2016 will create challenges for employers starting in 2017. Although 2016 was not necessarily a record year for passage of state minimum wage laws in general, it did break ground concerning the...more

Has Pennsylvania’s New Liquor Legislation Made Brew Pub Licenses Obsolete?

Until recently, Pennsylvania breweries have been able to open up a world of possibilities by obtaining a GP-license to operate a brew pub at their brewery premises. The new legislation, however, has changed the situation. ...more

Data Breach Handbook for the Restaurant Industry

Although statistics vary, in 2015 there were approximately 3930 incidents involving data loss and, according to one watchdog group, those incidents impacted over 736 million consumer records. Many of those data security...more

Nevada’s Trio of Cases: State Supreme Court Resolves Questions on the Minimum Wage Amendment

On October 27, 2016, the Supreme Court of Nevada issued decisions in a trio of cases resolving important questions about Nevada’s Minimum Wage Amendment. In 2006, the Minimum Wage Amendment amended the Nevada...more

Pairing Dinners by New Jersey BYOBs: Did I inadvertently sell alcohol?

Many unlicensed restaurants (BYOBs) promote what are sometimes referred to as “Pairing Dinners,” where the restaurant prepares a dining menu that is complemented by wine, beer, or spirits with each course. These can be great...more

NY Legislature Approves 10 a.m. Start Time for Serving Alcohol

After a Saturday night of taking in the Big Apple, you meet your friends for 10:00 a.m. brunch on the Upper West Side. You decide that you’d like to chase your blueberry pancakes with a refreshing mimosa, but the server...more

Not So Consumer Friendly? Pa.L.C.B. Says No Discount for Breweries, Wineries, and Distilleries When Purchasing Wine or Spirits...

Recently, the Pa.L.C.B. released a legal advisory opinion regarding a brewery, winery or distillery’s ability to purchase and sell the products from limited wineries and limited distilleries that are carried in the state...more

Mandatory Use of Payroll Debit Cards Violates Pennsylvania's Wage Payment and Collection Law

Over 2,300 current and former employees of 16 McDonald’s franchisee locations in Pennsylvania claimed that mandatory use of payroll debit cards violates the Pennsylvania Wage Payment and Collection Law (“WPCL”), and the...more

For Food & Beverage Entrepreneurs, Financing Deals Often Come In More Flavors Than Just Vanilla: Insights from Nutter’s Will...

Will Bernat, a partner in Nutter’s Business Department and a member of the firm’s Emerging Companies and Commercial Finance practice groups, weighed in on financing deals for food and beverage companies in Nutter Insights....more

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