Restaurant Law – The Legal Dish

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.

December 14, 2017August 4, 2020 by Duane Morris

New Year’s Resolution for Restaurateurs and Bar Owners

By Allegra A. Jones

As 2017 comes to an end, sexual harassment allegations against celebrity chefs and restauranteurs continue to surface. In the bar and restaurant industry, where alcohol flows like water and employees toil away in close proximity under intense pressure, supervisor and employee misconduct is not entirely surprising.

The news media is covering the consequences of alleged misconduct by celebrity and local chefs, restauranteurs, and TV personalities. They range from Top Chef: Colorado’s decision to edit out New Orleans chef John Besh from an episode of the show, to two major retailers’ pulling of Mario Batali-branded products from their shelves, to a Bay Area bar owner reportedly fleeing the country to avoid charges, as reported by Eater magazine. But, what still needs to be addressed is how to attack the root of the problem. Continue reading “New Year’s Resolution for Restaurateurs and Bar Owners”

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 29, 2016August 4, 2020 by Duane Morris

Will Restaurants and Other Employers Implement the New Overtime Rule on Dec. 1?

By Allegra A. Jones

Employers nationwide, including those in the food and beverage industries, have been gearing up to implement the U.S. Department of Labor’s new overtime rule that was scheduled to take effect on December 1. But, shortly before the Thanksgiving holiday, a Texas federal judge decided to block it, potentially affecting more than 4 million workers.

The Final Rule would have more than doubled the minimum standard salary level for overtime-exempt “white collar” employees—individuals employed in an executive, administrative, or professional (including the salaried computer exemption) capacity—to $47,476 annually (or $913 weekly). In other words, workers paid less than $47,476 would have been entitled to minimum wage and overtime pay under the federal Fair Labor Standards Act (FLSA), unless they fell within another exemption.

Many employers had already announced this wage-and-hour change. However, in State of Nevada v. United States Department of Labor, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the Final Rule. Thus, companies have been left scrambling, trying to decide whether Continue reading “Will Restaurants and Other Employers Implement the New Overtime Rule on Dec. 1?”

November 1, 2016August 4, 2020 by Duane Morris

A Bite-Sized Look at Ballot Measures in California for Restaurants

By Constantine Mittendorf

election-day There are eighteen statewide ballot measures that Californians will be voting on this election cycle and countless local measures. While few items on the ballot directly affect the California restaurant industry as a whole, here are a few statewide and local measures to be aware of:

Continue reading “A Bite-Sized Look at Ballot Measures in California for Restaurants”

June 30, 2016August 4, 2020 by Duane Morris

How to Take Down Bad Reviews On Yelp and Win a $500,000 Judgment — Hint: Don’t Sue Yelp

By Constantine Mittendorf

Want to remove bad reviews posted on Yelp that are hurting your business? Want to win a half million dollar judgment against a malicious reviewer? Here’s how one person did it – and they did it without suing Yelp.

Continue reading “How to Take Down Bad Reviews On Yelp and Win a $500,000 Judgment — Hint: Don’t Sue Yelp”

April 6, 2016August 4, 2020 by Duane Morris

New Rule: Six Weeks of Paid Parental Leave in San Francisco

Maggie and Dax By Constantine Mittendorf

Yesterday, San Francisco became the first city in the nation to require six weeks of full paid leave for new parents. If you or work in or manage a restaurant in the City by the Bay, here are a few things you should know:

The law applies for both mothers and fathers
It includes newborn and adopted children
Part-time employees who work at least 8 hours a week are covered

Continue reading “New Rule: Six Weeks of Paid Parental Leave in San Francisco”