In Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628 (10th Cir. March 11, 2022), a consumer who purchased beef from retail stores filed a class action complaint against meat processors, alleging that their "Product...more
4/6/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Beverage Manufacturers ,
Business Interruption ,
Class Action ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Drive-Throughs ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Grocery Stores ,
Putative Class Actions ,
Sexual Harassment ,
Wage and Hour
"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more
7/20/2021
/ Biden Administration ,
Business Losses ,
Collective Bargaining Agreements (CBA) ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Data Breach ,
Department of Labor (DOL) ,
Due Process ,
Equal Protection ,
Farm Workers ,
Farms ,
First Amendment ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Grocery Store Workers ,
Grocery Stores ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Malware ,
Misrepresentation ,
NLRA ,
NPRM ,
Policy Terms ,
Preemption ,
Property Damage ,
Putative Class Actions ,
Tip Credit ,
Tipped Employees ,
Unfair or Deceptive Trade Practices ,
Wage and Hour
Insurers have prevailed in several lawsuits filed by restaurants in connection with losses related to COVID-19. For example, in Emerald Coast Restaurants, Inc. v. Aspen Specialty Ins. Co., No. 3:20cv5898-TKW-HTC, 2020 WL...more
3/18/2021
/ Article III ,
Business Interruption ,
Coronavirus/COVID-19 ,
Data Breach ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
NLRA ,
NLRB ,
Putative Class Actions ,
Restaurant Industry ,
Standing ,
Unfair Competition ,
Wage and Hour
More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more
10/14/2020
/ Agricultural Sector ,
Antitrust Violations ,
Business Interruption ,
Class Action ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Dismissals ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
FSMA ,
Health Claims ,
NLRA ,
NLRB ,
Notice Requirements ,
OSHA ,
Putative Class Actions ,
Reversal ,
Tip Credit ,
Unfair Competition ,
Wage and Hour
Individual Examination into Effect of Alleged False "No Artificial Flavors" Label Necessary -
In Marotto v. Kellogg Co., No. 18 Civ 3545, 2019 WL 6798290 (S.D. N.Y. Dec. 5, 2019), the court declined to certify a putative...more
2/25/2020
/ Americans with Disabilities Act (ADA) ,
Beverage Manufacturers ,
Department of Labor (DOL) ,
Equal Access to Justice Act ,
Fair Labor Standards Act (FLSA) ,
Federal Tort Claims Act (FTCA) ,
Food Labeling ,
Food Manufacturers ,
Franchisee ,
Franchises ,
Restaurant Industry ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices ,
Wage and Hour ,
Website Accessibility
Wage and Hour -
80/20 Rule Still Followed in Some Parts -
The U.S. Department of Labor (DOL) issued guidance doing away with the so-called "80/20 rule" in November 2018. District courts have greeted the new guidance...more
7/11/2019
/ Americans with Disabilities Act (ADA) ,
Auer Deference ,
Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Class Action ,
Department of Labor (DOL) ,
Dietary Supplements ,
Duty to Defend ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FBI ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
GrubHub ,
Hiring & Firing ,
Liquor Control Acts ,
New Guidance ,
Price-Fixing ,
Putative Class Actions ,
Securities Litigation ,
Wage and Hour ,
Wine & Alcohol
Key Cases -
Covert Surveillance Due to Religious Identity is Actionable -
Government surveillance of individuals due to their religious identity is actionable under federal law. In Fazaga v. Federal Bureau of...more
6/19/2019
/ Churches ,
Due Process ,
Emotional Distress Damages ,
Establishment Clause ,
FBI ,
Fourth Amendment ,
Free Exercise Clause ,
IRS ,
Local Ordinance ,
Muslims ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Standing ,
Subject Matter Jurisdiction ,
Tax Exempt Entities ,
Wage and Hour
Labor and Employment -
Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation -
In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more
9/14/2018
/ Americans with Disabilities Act (ADA) ,
Beer ,
Beverage Manufacturers ,
Brand ,
Breach of Warranty ,
Comment Period ,
Department of Labor (DOL) ,
Dietary Guidelines ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Franchisee ,
Hospitality Industry ,
Injunctive Relief ,
Joint Employers ,
Legislative Agendas ,
Mayor de Blasio ,
Minimum Wage ,
Misrepresentation ,
Motion to Dismiss ,
New Rules ,
Organic ,
Over-Time ,
Product Labels ,
Proposed Rules ,
Public Comment ,
Restaurant Industry ,
Standing ,
State Taxes ,
Subpoenas ,
Summary Judgment ,
Terms and Conditions ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
Wage and Hour -
Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split -
The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more
6/12/2018
/ Age Discrimination ,
Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Baby Products ,
Banks ,
Beverage Manufacturers ,
Breweries ,
Business Torts ,
Class Action ,
Class Action Arbitration Waivers ,
Competition ,
Consumer Protection Laws ,
Cybersecurity ,
Data Breach ,
Data Security ,
Debit and Credit Card Transactions ,
Department of Labor (DOL) ,
Disability Discrimination ,
Dismissals ,
Distributors ,
Economic Loss Doctrine ,
Epic Systems Corp v Lewis ,
Equal Employment Opportunity Commission (EEOC) ,
Failure To State A Claim ,
Fair Labor Standards Act (FLSA) ,
False Advertising ,
False Statements ,
Federal Arbitration Act ,
Financial Institutions ,
Food Labeling ,
Food Manufacturers ,
Former Employee ,
FTC Act ,
Grocery Stores ,
Hackers ,
Hiring & Firing ,
Lanham Act ,
Menu-Labeling ,
Misleading Statements ,
Negligence ,
Nutrition Facts Labels ,
Organic ,
Over-Time ,
Personal Information Protection Act ,
Personally Identifiable Information ,
Popular ,
Preemption ,
Product Packaging ,
Putative Class Actions ,
Reasonable Accommodation ,
Regulatory Agenda ,
Remand ,
Restaurant Industry ,
Retailers ,
Reversal ,
Rulemaking Process ,
Savings Clause ,
SCOTUS ,
Standing ,
State Law Claims ,
Summary Judgment ,
Unfair or Deceptive Trade Practices ,
USDA ,
Wage and Hour
Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more
6/8/2018
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Appeals ,
Churches ,
Colleges ,
Defamation ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Establishment Clause ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Duty ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Funeral Homes ,
Hiring & Firing ,
Historic Preservation ,
Hospitals ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Minimum Wage ,
New Rules ,
Preliminary Injunctions ,
Priests ,
Private Sector ,
Property Owners ,
Public Accommodation ,
Public Funds ,
Race Discrimination ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Restaurant Industry ,
Retaliation ,
Reversal ,
Same-Sex Marriage ,
SCOTUS ,
Sex Discrimination ,
Sexual Stereotyping ,
Summary Judgment ,
Teachers ,
Title VII ,
Transgender ,
Trump Administration ,
Trustees ,
Trusts ,
Universities ,
Unpaid Wages ,
Wage and Hour ,
Writ of Prohibition
Deceptive Trade Practices -
Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection -
In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more
2/20/2018
/ Agricultural Workers ,
All Natural ,
Arbitration ,
Arbitration Agreements ,
Beverage Manufacturers ,
Breach of Warranty ,
Class Certification ,
Class Members ,
Conditional Certification ,
Court Appearances ,
Credit Card Surcharges ,
Double Damages ,
Economic Loss Doctrine ,
Email ,
Equal Protection ,
Exporters ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
False Statements ,
Farms ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
First Amendment ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Former Employee ,
FSMA ,
GMO ,
Hiring & Firing ,
Hospitality Industry ,
Independent Contractors ,
Inspections ,
Liquidated Damages ,
Minimum Wage ,
Misleading Statements ,
Misrepresentation ,
Motion to Dismiss ,
Negligent Misrepresentation ,
Non-Solicitation Agreements ,
Notice Requirements ,
Opt-In ,
Over-Time ,
Qui Tam ,
Restaurant Industry ,
Retailers ,
Rule 9(b) ,
Sherman Act ,
State Labor Laws ,
State Law Claims ,
Summary Judgment ,
Tip Credit ,
Tip-Pooling ,
Unfair or Deceptive Trade Practices ,
Unlawful Trade Practices Acts ,
USDA ,
Wage and Hour ,
Wage Statements
Wage and Hour -
Tenth Circuit Aligns with Cumbie on Tip Credits -
In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more
8/11/2017
/ Alcohol Beverage Control ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Beverage Manufacturers ,
Department of Labor (DOL) ,
Disability Discrimination ,
Disparagement ,
Equal Employment Opportunity Commission (EEOC) ,
Evaporated Cane Juice ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Joint Employers ,
Likelihood of Confusion ,
Medical Marijuana ,
NLRA ,
NLRB ,
Pattern or Practice ,
Reasonable Accommodation ,
Restaurant Industry ,
Staffing Agencies ,
Standing ,
Tip Credit ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
Unions ,
Wage and Hour
Overtime Rules Enjoined Nationwide -
In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more
12/6/2016
/ American Express ,
Americans with Disabilities Act (ADA) ,
Anti-Steering Rules ,
Antitrust Provisions ,
Beverage Manufacturers ,
Credit Cards ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Farms ,
Final Rules ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Forum Selection ,
Franchisors ,
Local Ordinance ,
Minimum Salary ,
Non-Exempt Employees ,
Nutrition Facts Labels ,
Over-Time ,
Preliminary Injunctions ,
Regulatory Oversight ,
Tax Rates ,
Tip-Pooling ,
Trump Administration ,
Wage and Hour ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
White-Collar Exemptions
When was the last time your organization reviewed your insurance policies? Not all policies are equal. Many religious organizations are underinsured. Most should have general liability, property, professional liability,...more
8/19/2016
/ Abortion ,
Breach of Contract ,
Church Plans ,
Churches ,
Commercial Insurance Policies ,
D&O Insurance ,
Declaratory Judgments ,
Educational Institutions ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Employment Contract ,
Equal Protection ,
Establishment Clause ,
Exemptions ,
FDUTPA ,
Fiduciary Duty ,
First Amendment ,
Fraud ,
Free Exercise Clause ,
Free Speech ,
Funeral Homes ,
Grants ,
Health Insurance ,
Healthcare ,
Insurance Industry ,
IRS ,
LGBTQ ,
Prayer ,
Professional Liability Insurance ,
Religious Discrimination ,
Religious Displays ,
Religious Institutions ,
Scholarships ,
Standing ,
Subject Matter Jurisdiction ,
Tax Credits ,
Title VII ,
Transgender ,
Universities ,
Wage and Hour
When food and beverage companies think of their largest risks, data breaches have not historically come to mind, but this is changing because of reports in the past few months of major breaches by companies such as Noodles &...more
8/2/2016
/ COPPA ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Defined Contribution Plans ,
Employee Benefits ,
ESOP ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
FSMA ,
IRS ,
Minimum Salary ,
Over-Time ,
Personally Identifiable Information ,
Popular ,
Registration Requirement ,
Restaurant Industry ,
Retailers ,
Selling a Business ,
Tipped Employees ,
Tips ,
Wage and Hour ,
White-Collar Exemptions
Key Issues Facing Food Retailers -
Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a...more
1/27/2016
/ Beer ,
Blue Apron ,
Breweries ,
Cybersecurity ,
Excise Tax ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Marketing ,
Natural Products ,
On-Demand Services ,
Popular ,
Tips ,
Wage and Hour
Labor and Employment -
Plaintiff Wage and Hour Lawsuits Continue to Climb -
Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more
10/29/2015
/ Alcohol Beverage Control ,
All Natural ,
Americans with Disabilities Act (ADA) ,
Antitrust Litigation ,
Arbitration ,
Beer ,
Breweries ,
Browning-Ferris Industries of California Inc. ,
Child Labor ,
Class Action ,
Commercial Loans ,
Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
False Advertising ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Forced Labor ,
Franchisee ,
Franchises ,
Franchisors ,
General Mills ,
GMO ,
Hersheys ,
Joint Employers ,
Minimum Wage ,
NERA ,
New Guidance ,
NLRB ,
Plastic Bag Bans ,
Point of Sale Terminals ,
Posting Requirements ,
Price-Fixing ,
Red Bull ,
Restaurant Industry ,
SBA ,
Seafood ,
Slavery ,
Small Business ,
Staffing Agencies ,
Temporary Employees ,
Tipped Employees ,
Tips ,
Title III ,
Title VII ,
Transparency Directive ,
Unfair or Deceptive Trade Practices ,
Wage and Hour