California Law – The Legal Dish

August 29, 2019August 4, 2020 by Duane Morris

Does Your Restaurant’s Policy Cramp Employee (Hair)Styles?

By Allegra A. Jones

California and New York recently became the first two states to protect employees from discrimination based on natural hair and hairstyles traditionally associated with a particular race. New Jersey law may follow. It is important for employers, such as bar and restaurant owners, to recognize policies or practices that could disproportionately impact people of color and to make sure workplace dresscode and grooming policies do not unlawfully prohibit hairstyles including Afros, cornrows, braids, twists and locks. See our Duane Morris Client Alert for more details and links to these new laws.

December 5, 2018August 4, 2020 by Duane Morris

New California Laws In the Context of #MeToo

By Allegra A. Jones

On January 1, 2019, several new laws that were enacted in the wake of the #MeToo Movement will take effect in California. Employers may be impacted most by the new laws that require sexual harassment training of all employees – not just managers – and affect the confidentiality of settlements regarding sexual assault, sexual harassment, sex discrimination or retaliation. Please see our Duane Morris client alert for more details on these new laws, as well as other laws that will pose significant new challenges for employers.

July 2, 2018August 4, 2020 by Duane Morris

Summer Updates In California Employment Laws

By Allegra A. Jones

Summertime in San Francisco and other California cities brings legal updates that are taking effect on July 1, 2018. Employers in the restaurant and bar industries should ensure they are complying with the San Francisco Parity in Pay Ordinance (if applicable) and minimum wage increases. For example, employers affected by the minimum wage increases should ensure that their notices are up to date and confirm with their payroll provider that the increases took effect on July 1. More details about these developments are available here.

February 15, 2017August 4, 2020 by Duane Morris

Dangers of Data-Mining in California Restaurants: Song-Beverly Credit Card Act

By Constantine Mittendorf

Data is hugely important in running a successful restaurant today. Targeted email marketing campaigns can be an invaluable marketing tool. But trying to collect too much data can land your bistro in hot water. California has specific laws limiting what data can and cannot be collected – restaurants need to be aware of these limitations or it can be very costly.

Continue reading “Dangers of Data-Mining in California Restaurants: Song-Beverly Credit Card Act”

November 2, 2016August 4, 2020 by Duane Morris

Is Your Restaurant or Bar Compliant with California’s Voting Laws?

By Allegra A. Jones

Since the 2016 election is less than one week away, all employers in California, including restaurants and bars, should have already posted the required notice informing employees of their right to time off to vote, either in the workplace or where it can be seen by employees as they enter or exit the workplace. (Cal. Elec. Code § 14001.)

In California, employees are entitled to two hours of paid time off to vote if they don’t have sufficient time outside of working hours to vote. (Cal. Elec. Code § 14000.) The polls in California are open from 7 AM to 8 PM. Paid time off should be at the beginning or end of the employee’s shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless the employer and employee agree to another arrangement. A maximum of two hours is paid, though employees may take additional unpaid time off if it’s needed to vote. Employees must provide notice two working days prior to the election if, on the third working day before the election, they know or have reason to know they will need leave. (Cal. Elec. Code § 14000(c).) Continue reading “Is Your Restaurant or Bar Compliant with California’s Voting Laws?”

June 13, 2016August 4, 2020 by Duane Morris

California Shark Fin Soup Ban Upheld

By Christopher Yeh

After years of legal challenges, shark fin soup is off the menu for good in California.

Shark fin soup is a traditional Chinese dish frequently served as a luxury item at special occasions such as weddings. It’s a controversial menu item because some fishermen harvest the fins by catching sharks, slicing off the fins, then tossing the shark back in the ocean. Continue reading “California Shark Fin Soup Ban Upheld”

October 31, 2015August 4, 2020 by Duane Morris

Changes To The California Franchise Law

By Constantine Mittendorf

Earlier this month, the California assembly passed a new law that will affect franchisor agreements in California. Lawmakers attempted to pass a similar law last year that was designed to give franchisees more protection, but it was vetoed by the Governor. This time, it passed.

Continue reading “Changes To The California Franchise Law”

August 27, 2015August 4, 2020 by Duane Morris

California Rules on Breastfeeding in Restaurants

By Constantine Mittendorf

Recently my wife gave birth to our first child and we’ve just starting to take him out to restaurants with us. The other night while we were busy eating pizza and drinking beer, my wife wondered, “What about our baby? What are the state rules for breastfeeding in restaurants?” Well, here are the rules …

Can a mom breastfeed her child in a restaurant?

Yes. A mother may breastfeed her child in any public place, including restaurants open to the public. (See CA Civil Code §43.3)

Does the breastfeeding baby need to be covered up?

Continue reading “California Rules on Breastfeeding in Restaurants”