Restaurant Industry

News & Analysis as of

Federal Court Rules That HR Consultant’s Report is Not Privileged

On March 27, 2015, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion to compel disclosure of a report prepared by a Human Resources (“HR”) consultant in class action litigation under...more

Federal Employment Case Update | Pizza and Beer

Members of Certified Class Lack Standing to Challenge Class Arbitration Ban - Conners v. Gusano’s Chicago Style Pizzeria - United States Court of Appeals, Eighth Circuit - When Jacqueline Conners brought a class...more

"Predictable Scheduling" Concept Gaining Momentum

In late January, we reported on U.S. Wage and Hour Division Administrator David Weil's comments that the agency is considering whether the federal Fair Labor Standards Act somehow entitles employees to "predictable...more

Restaurant Industry Alert: "Fight for $15" Planned for Tax Day

In the latest move in their two-year campaign to raise the minimum wage to $15 per hour, fast-food workers have announced plans for a major one-day walkout on April 15, 2015 – Tax Day for U.S. employers. Events are planned in...more

EEOC Not Required to Identify Aggrieved Individual in Title VII Race Discrimination Claim

On April 7, 2015, the U.S. District Court for the Northern District of Illinois held that the Equal Employment Opportunity Commission ("EEOC") is not required to identify an aggrieved individual in order to pursue a race...more

Massachusetts Supreme Judicial Court Clarifies the Lawfulness of No Tipping Policies

On April 10, 2015, the Massachusetts Supreme Judicial Court held in Meshna v. Scrivanos that an employer may implement a no tipping policy for workers otherwise covered by the Massachusetts Tips Act (M.G.L. c.149, § 152A )....more

Court Denies Motion to Stop EEOC Race Discrimination Suit Against Rosebud Restaurants

Race-Based Hiring Discrimination Claims Will Go Forward - CHICAGO - A federal judge has denied a motion to dismiss a claim of racial discrimination in hiring against Rosebud Restaurants, the U.S. Equal Employment...more

Financial and Merchant Industries Group and Obama Administration to Address Privacy Concerns

On behalf of its 19 participating trade association members from the merchant and financial services industries, the Merchant Financial Cyber Partnership (MFCP) announced "8 Next Steps" to protect customers and their...more

Better Safe Than Sorry: Keeping Up With Your Employees

Employee turnover is unavoidable for most businesses. Although almost no industry is immune from losing employees for any number of reasons in a free market economy, turnover is particularly prevalent in the highly seasonal...more

New PCI Tokenization Guidelines

Last week, the Payment Card Industry Security Standards Council released new guidelines related to the security of tokenization products. The guidelines are a set of technical best practices for evaluating tokenization...more

PF Chang’s continues its success in thwarting data breach class action lawsuits

We have been closely watching the class action suits against PF Chang’s (and other retailers) relating to the bistro’s data breach last year. In December, a federal district court in Illinois dismissed a proposed class action...more

FCRA Class Actions

Hyping The “Hyper-technical” - The slowly rising waves of Fair Credit Reporting Act (FCRA) class-action litigation are beginning to crash against employers. And if you thought that the FCRA only applied to credit...more

Pizzas And Trademark Infringement

It is easy to forget that there is a North Carolina Trademark Registration Act. It is in Chapter 80 of the General Statutes. The Business Court's mandatory jurisdiction extends to cases brought under Chapter 80 per...more

Burns are the top worker injury in fast-food industry

Pressure on McDonald's from labor activists has highlighted the prevalence of grease burns among fast-food workers. Emerging data and official complaints are exposing the hazards faced by workers in the food service sector...more

Ninth Circuit Submits Day Of Rest Questions To California Supreme Court

Mendoza v. Nordstrom, Inc., 2015 WL 691304 (9th Cir. 2015) - The United States Court of Appeals for the Ninth Circuit has certified three questions to the California Supreme Court...more

Frontiers Of Data Breach Litigation: Standing Issues Presented To Seventh Circuit In Lewart v. P.F. Chang’s China Bistro, Inc.

In a brief made public on March 10, P.F. Chang’s China Bistro, Inc. urged the U.S. Court of Appeals for the Seventh Circuit to affirm a lower court’s decision to toss out two consolidated complaints filed against the company...more

Eighth Circuit Finds Former Employees Lack Standing To Challenge Employer’s New Arbitration Policy

What’s one way to derail a potentially large collective action about Fair Labor Standards Act violations? To implement a new arbitration policy within days, thereby ensuring that your current employees cannot join the court...more

Sysco, US Foods Seek Disclosure of FTC Witness Identities

The Federal Trade Commission (FTC) went head-to-head last week with Sysco Corp. and US Foods Inc. over whether to make public the names of the declarants relied on by the FTC in its preliminary injunction to block Sysco and...more

Dram Shop Liability Likely Dead For Another Year in Maryland

Business owners achieved a victory in the Maryland legislature this month, as both the House Bill and Senate Bill introduced to establish dram shop liability were given unfavorable reports by legislative committees. Dram shop...more

Food Industry Continues to Face Data Privacy and Security Risk

In 2014, grocers and restaurants continued to be plagued by attacks leading to the theft of credit card information. Among others, Supervalu Inc. and Jimmy John’s both experienced intrusions in 2014, extending the string of...more

Feds Fast-Forward "Fissured" Focus

As David Weil, the still relatively new United States Department of Labor (DOL) Wage and Hour Administrator describes it, an industry is “fissured” when large companies no longer directly employ the workers that produce their...more

The Pop-Up Regulatory Maze

Pop-up retail establishments, or “pop-ups,” generally refer to stores, restaurants, or events with a short duration. Pop-ups are typical for seasonal retail products, like Christmas or fireworks, but they have become common...more

Must Gluten-free Be Free? What You Should Know About Celiac Disease and the ADA

Restaurants nationwide are beginning to offer gluten-free alternatives to regular menu items. This is welcome news to those long suffering from celiac disease, a chronic and serious immune reaction to eating gluten, a protein...more

New Opportunities Brewing for Alabama Craft Brewers?

The Alabama Brewers Guild has drafted a bill that would create a special craft brewers license enabling small breweries to operate an on-site restaurant and sell their beer for on- and off-site consumption. The license would...more

Council Member Barred From Considering Own Appeal

In Woody’s Group, Inc. v. City of Newport Beach, the Fourth District Court of Appeal held that the City Council of Newport Beach “violated two basic principles of fairness: you can’t be a judge in your own case, and you can’t...more

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