News & Analysis as of

Restaurant Industry

Menu Compliance Counts Starting May 5th

by Barley Snyder on

Restaurant calorie labeling: Starting next month, it’s not just for McDonald’s anymore. In an issue Barley Snyder has been tracking for years, the Food and Drug Administration is poised to begin enforcement of its...more

Hot List – What’s Happening in the California Legislature 4/17-4/21

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Here Today, Gone Tomorrow: the Allures and Legal Considerations of Pop-Up Shops

by Ward and Smith, P.A. on

For years now, a new type of retail merchant has been "popping up" everywhere. Short-term, temporary retail events, or "pop-ups," serve as a marketing strategy for retailers and entrepreneurs looking to extend their brand...more

Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among...

The Court’s opinion in Scott v. Chipotle Mexican Grill demonstrates how employers can successfully combat class action claims that employees were misclassified as exempt. The successful defense of the class certification...more

FACTA Suits Still Bite - $31 Million Subway Class Action Settlement Approved

Ten years ago, hundreds of retailers, chain restaurants and others were targeted nationwide as defendants in class action suits under the Fair and Accurate Credit Transactions Act (FACTA) for violating the so-called...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Hundreds of Restaurant Owners and Servers Turn Out in Augusta for Hearings on Tip Credit and Minimum Wage - Hundreds of Maine restaurant servers and business owners appeared in Augusta on Wednesday, April 5 to testify...more

The Cost of Convenience Understanding the Third Party Food Delivery Dilemma

UberEats. Postmates. Seamless. Grubhub. Eat 24. These are just a few of the names leading the market in the fast growing field of third party food delivery services (“TPDS”). TPDS generally result in increased revenues by...more

Tip Pooling by Restaurant Owners-Remains in Flux

by Goulston & Storrs PC on

Restaurant owners with tipped employees should take note of several recent court cases which may affect their ability to cause restaurant employees to participate in “tip pooling,” particularly in instances where...more

NLRB Finds That Fast-Food Company Must Allow Employees To Wear “Fight For $15” Buttons

by Seyfarth Shaw LLP on

Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove...more

Tip Credit Does Not Apply to Delivery Drivers Declares Connecticut Supreme Court

In a decision released on April 4, 2017, the Connecticut Supreme Court found that employers cannot take advantage of a “tip credit” for delivery drivers in order to meet the state minimum wage. The case, Amaral Brothers,...more

Texas Roadhouse to Pay $12 Million to Settle EEOC Age Discrimination Lawsuit

BOSTON - Texas Roadhouse, a national, Kentucky-based restaurant chain, will pay $12 million and furnish other relief to settle an age discrimin­ation lawsuit brought by the U.S. Equal Employment Oppor­tunity Commission...more

Connecticut Supreme Court Holds Restaurant-Employer May Not Use ‘Tip Credit’ for Delivery Drivers

by Jackson Lewis P.C. on

Finding the Connecticut Department of Labor regulations on tip credit are “not incompatible” with the state tip credit law, the Connecticut Supreme Court has ruled that an employer’s pizza delivery drivers are not subject to...more

Don’t Be Stingy With Tip Credit Notification . . .

by Nexsen Pruet, PLLC on

This week, our Charleston office held its Legal Grounds coffee break.  The Legal Grounds event provides an opportunity for managers, owners, and human resources personnel in the food and beverage and hospitality industries to...more

Tennessee Court Rejects EEOC’s Supersized Subpoena Served On Fast Food Employer

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A federal court in Tennessee denied the EEOC’s application for an Order to Show Cause why its administrative subpoena should not be enforced. This ruling highlights the importance and benefits of employers...more

Arby’s Whacked with More Data Breach Class Action Lawsuits

As we previously reported, Arby’s was hit with malware that infected over 1,000 of its fast food locations throughout the U.S. between October 25, 2016, and January 19, 2017, and was hit with multiple class action suits over...more

Court Dismisses Website Accessibility Case as Violating Due Process, Since DOJ Still Has Not Issued Regulations

by Bryan Cave on

Recent court decisions from California and Florida may provide ammunition to retailers battling claims that their websites and mobile applications are inaccessible in violation of Title III of the Americans With Disabilities...more

WPI Wage Watch: Minimum Wage & Overtime Updates (March Edition)

by Littler on

March madness is not limited to college basketball. This month has also seen numerous minimum wage proposals introduced and considered at the local and state levels. Local and state officials continue to battle over who gets...more

A Full Menu of Potential Legal Issues for Hospitality Owner/Operators

by Epstein Becker & Green on

Legal compliance is a challenging endeavor, especially in the hospitality industry, where owner/operators must focus on meeting their business objectives, staying competitive, and growing in their respective markets. In...more

Don’t Be Stingy With Tip Credit Notification...

by Nexsen Pruet, PLLC on

This week, our Charleston office held its Legal Grounds coffee break. The Legal Grounds event provides an opportunity for managers, owners, and human resources personnel in the food and beverage and hospitality industries to...more

Tips Cannot Be Used to Satisfy Minimum Wage Requirement for Non-Tipped Work

The hospitality industry continues to battle numerous lawsuits claiming that employers failed to properly compensate employees who earn a portion of their wages through tips. Earlier this month, the Tenth Circuit Court of...more

A Retail Lawyer’s Reflections Upon Moonlighting as an Uber Driver - How Uber and Other Rideshare Services are Impacting Landlords,...

by Arnall Golden Gregory LLP on

By now, we’ve all realized that rideshare services such as Uber and Lyft have materially impacted a number of industries during their relatively short lifetimes. For this real estate lawyer, 2016 represented the year in which...more

Restaurant Chain Must Allow Employees to Wear Union Buttons

by Best Best & Krieger LLP on

The National Labor Relations Board recently determined that In-N-Out Burger violated the National Labor Relations Act by maintaining and enforcing a work rule prohibiting employees from wearing any type of unauthorized...more

BREAKING: Connecticut Supreme Court Rules Restaurant Cannot Apply Tip Credit to Pizza Delivery Drivers

by Shipman & Goodwin LLP on

The Connecticut Supreme Court, in a unanimous decision that will be officially released April 4, 2017, has ruled that employers may not use the “tip credit” for pizza delivery drivers and therefore, the employees must be paid...more

Wendy’s Successful in Trimming Data Breach Class Action Suit But No Dismissal

We have previously discussed the class action case filed against Wendy’s as a result of a data breach. The case was initially dismissed based upon lack of standing, but the plaintiffs were given the opportunity to amend the...more

Monthly Update—Australian Labour & Employment - February 2017

by Jones Day on

MESSAGE FROM THE EDITOR - In this edition of the Update, we discuss two significant developments that are likely to have far-reaching impacts for employers and employees across Australia. First, we discuss the proposed...more

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