Restaurant Industry

News & Analysis as of

Confusing Expiration Labels Cost Texas Restaurants

All restaurants have to deal with the issue of throwing away food at the end of the day. According to the National Resources Defense Council (NRDC), a powerful environmental action group and the Harvard Food Law and Policy...more

Airport Restaurant Service Provider Seeks to Ground Hijacked URL

OTG Management, LLC (“OTG”), seeks to enjoin unnamed defendants from anonymously continuing “a misleading uniform resource locator (“URL”) and corresponding email services,” posing as an OTG employee and using OTG service...more

All Press Is Good Press For Texas Restaurants

Some of you may have heard the latest uproar caused by Pizza Patrón. Known for its undaunted ability to generate press from clever, edgy marketing campaigns, Pizza Patrón’s latest endeavor was to name a pizza, La Chingona....more

South By Southwest Deaths Highlight Alcohol Issues For Texas Restaurants

Three people are now confirmed dead in the recent car crash tragedy at South By Southwest. According to an article by Quita Culpepper from KVUE.com, these people were “injured on Thursday, March 13 outside The Mohawk when...more

Expanding Smart: Is Franchising Right For Your Restaurant Concept?

The franchise model can offer restaurateurs plenty of upside, which is precisely why franchise restaurants blanket the country. As growth vehicles go, however, franchising works better for some concepts than for others. Is...more

Michigan’s BYOB Wine Legislation Now In Effect

After considerable anticipation, House Bill 5046, one of three pieces of legislation regulating Michigan liquor licensees that was approved in late 2013, is scheduled to take effect the week of March 10, 2014....more

President Obama to Order Expansion of Overtime Pay

President Obama is expected to issue an order today directing the Department of Labor to expand the number of people who qualify for overtime pay under federal labor law. According to reports in the Washington Post and other...more

Ricardo's Restaurant will Pay $20,000 to Resolve EEOC Sexual Harassment Suit

Co-Owner's Pervasive Harassment Forced Female Employee to Quit, Federal Agency Charged - ERIE, Pa. -- Ricardo's Restaurant, Inc. of Erie will pay $20,000 and furnish significant equitable relief to resolve a federal...more

As if Employers Needed Another Reminder, Here Are 8.4 Million More Reasons to Get the Tip Credit Right

A couple of weeks ago, a Philadelphia based sports bar chain entered into a consent order with the U.S. Department of Labor (DOL) and filed a request with the E.D. Pennsylvania for approval of a separate settlement with...more

Luck Of The (Panel) Draw? NLRB Narrowly Upholds Employer’s Negative Attitude Rule

Last week, in Copper River of Boiling Springs, LLC, a three-member panel of the National Labor Relations Board upheld a South Carolina restaurant’s negative attitude rule by a 2-1 vote. The employee handbook provision...more

Removing Customers: When Can A Texas Restaurant Ask A Patron To Leave?

Last week, the Washington Times published a very sad article. It reported that a Texas war veteran was kicked out of the River Side Inn Marina, which is a restaurant in Houston. The story stated that the veteran simply had a...more

EEOC Sues Nick's Restaurant for Disability Discrimination, Sexual Harassment, Retaliation

Restaurant/Sports Bar Revoked a Reasonable Accommodation for a Disabled Server and Fired Her After She Complained, Federal Agency Charges - HOUSTON - PNS Investments, Inc. operating as Nick's Restaurant and Sports Bar,...more

Do You Want Health Insurance with Your Entrée?

The Los Angeles Times is reporting that restaurant-goers are paying more than just tax and tip when dining out—a new policy at an L.A. restaurant means that diners will also be contributing to covering the cost of the...more

Can Texas Restaurant Owners Deduct The Costs Of Repairs From Lease Rental Payments?

Nearly all restaurant tenants face challenges with their lease at some point. Often these challenges come in the form of needed repairs to the property caused by the landlord’s substandard maintenance of the property. The...more

Texas Restaurant Update – Acquisitions, Openings And Closings

Following up on our January 15th post on Texas restaurant openings and closings (click here for that story), here is the update for February on the movers and shakers in Texas restaurants. If you’d like your restaurant to be...more

Weekly Law Resume - February 2014: Insurance Coverage – “Mobile Equipment” Exception to Auto Exclusion

American States Insurance Company v. Travelers Property Casualty Company of America - Court of Appeal, Second Appellate District (January 27, 2014)- Most commercial general liability policies exclude liability for...more

Will Automatic Gratuities at Restaurants Be a Thing of the Past?

Automatic gratuities for large parties are commonplace in many restaurants, bars, and hotels throughout the country. However, as of January 2014, the Internal Revenue Service (IRS) now classifies these automatic gratuities as...more

The Restaurateur’s Dilemma: Should Owners Force Chefs To Sign Ndas?

Should restaurateurs wonder each time they hire someone: Will this person steal their recipes — the bread and butter of their business?...more

FDA Sets Guidelines For “Gluten-free” Foods In Stores And In Restaurants

“Gluten-free” seems to be everywhere. You may not know what “gluten-free” means, but chances are you haven’t missed the growing number of restaurants, grocery stores, and food brands that are offering menu items or food...more

California Court Holds Food Truck Constitutes Mobile Equipment

In American States Insurance Company v. Travelers Property Casualty Company of America, 2014 Cal. App. LEXIS 74 (January 27, 2014), California’s Second Appellate District had occasion to consider whether a food truck...more

The Increasing Importance of Using E-Verify as Part of Your Employment Compliance Plan

On January 23, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that more than 500,000 companies now use E-Verify. E-Verify is an internet-based system that allows employers to verify a new hire’s work...more

Eleventh Circuit: Restaurant’s Stolen Recipe Claims Are Stale

It should be obvious that if you want trade secret protection, you shouldn’t wave your purported trade secret around in public. Likewise, if you see someone openly disclosing your trade secret on television, you should...more

How To Compensate Key Restaurant Employees

Many, if not all, restaurants have extremely valuable employees, and it is often important to find a way to compensate these employees in such a way as to make sure they stick around long-term. But what is the best way to...more

California Appellate Court Affirms Denial Of Class Certification

As we recently reported here, there have been a number of appellate decisions ordering class certification based on the existence of an employer’s companywide policy – all while overlooking numerous individualized questions...more

Texas Restaurants Expand Like Crazy In 2014 (Already)!

It’s only January 15th, and already six major restaurant expansions or acquisitions have occurred in DFW! It’s an exciting time in the restaurant industry. ...more

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