NLRA, Restaurant Industry

Beverage & Food Industry in 2024: 10 Hot Topics for Beverage & Food Industry Founders, Investors, and Executives

ArentFox Schiff on 2/15/2024

2023 was a pivotal year for the beverage and food industry globally, creating new categories of winners and losers across the board. With a full year of operations largely relieved of pandemic-era restrictions, restaurant...more

Unions Are Adding Some Heat in the Kitchen for Food & Beverage Employers

Robinson & Cole LLP on 6/23/2022

Currently, Americans view labor unions more favorably than they have in decades, leading to an increase in union activity. The National Labor Relations Board (NLRB) reported that for the first six months of fiscal year 2022...more

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

Genova Burns LLC on 9/8/2021

As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

Food and Beverage Law Update: March 2021

Holland & Knight LLP on 3/18/2021

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

Federal Court Rejects Free Speech Challenge to New York City's Payroll Deduction Law

FordHarrison on 2/14/2019

On February 6, 2018, a New York federal judge rejected a challenge to a New York City law requiring fast-food businesses to, upon request of their employees, forward voluntary deductions from employee paychecks to nonprofits....more

Would You Like Fries And A Political Opinion With That? Regulating Employee Buttons, Pins, And Insignia In The Workplace

Fisher Phillips on 11/2/2018

Burgers and buttons are making headlines again. Employees at Burgerville—a fast-food restaurant chain in the Pacific Northwest—recently took to wearing buttons to work and were sent home for the day. These buttons were not...more

Will Your Workers Go On Strike This Week? What You Need To Know

Fisher Phillips on 10/3/2018

Employee walkouts and protests are likely to occur on a large scale starting yesterday and lasting through Thursday, spurred on by the union-supported “Fight for $15” movement and in anticipation of the upcoming midterm...more

“No Flair! Is That Fair? Fifth Circuit Overturns Burger Joint’s Ban on Buttons”

Bradley Arant Boult Cummings LLP on 7/11/2018

Many of us remember the classic scene from “Office Space” where Jennifer Aniston’s waitress character was chastised for not having enough “flair”—whimsical buttons on her uniform. The Fifth Circuit recently addressed the...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Key Portion Of NYC’s Fair Workweek Law Put On Pause

Fisher Phillips on 1/26/2018

One of the key provisions of New York City’s Fair Workweek Law was just put on hold while a federal judge sorts out a constitutional challenge brought by two restaurant advocacy organizations. The “Deductions Law” portion of...more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

Fisher Phillips on 9/8/2017

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

Food and Beverage Law Update: August 2017

Holland & Knight LLP on 8/11/2017

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

Outsourcing In The Hotel Industry – Beware Of The Pitfalls

Fisher Phillips on 6/7/2017

In recent years, a number of hotels both in the United States and abroad have increasingly outsourced certain departments. Housekeeping, valet parking, and some or all aspects of food service are frequently selected as...more

NLRB Finds That Fast-Food Company Must Allow Employees To Wear “Fight For $15” Buttons

Seyfarth Shaw LLP on 4/5/2017

Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove...more

WPI Wage Watch: Minimum Wage & Overtime Updates (March Edition)

Littler on 3/31/2017

March madness is not limited to college basketball. This month has also seen numerous minimum wage proposals introduced and considered at the local and state levels. Local and state officials continue to battle over who gets...more

Restaurant Chain Must Allow Employees to Wear Union Buttons

Best Best & Krieger LLP on 3/27/2017

The National Labor Relations Board recently determined that In-N-Out Burger violated the National Labor Relations Act by maintaining and enforcing a work rule prohibiting employees from wearing any type of unauthorized...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Littler on 8/30/2016

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

NLRB Says Filing Class Action Lawsuit is Protected Concerted Activity

Parker Poe Adams & Bernstein LLP on 8/17/2015

Section 7 of the National Labor Relations Act prohibits employers from discriminating or retaliating against employees who engage in protected concerted activity. Concerted Activity means actions involving terms and...more

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

Allen Matkins on 7/23/2015

In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The...more

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

FordHarrison on 4/15/2015

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

Protected Concerted Activity on Facebook: The NLRB “Likes” This

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/9/2014

The National Labor Relations Board (NLRB) continues to expand its interpretation of the forms of employee online behavior that constitute protected concerted activity under the National Labor Relations Act. Recently, in Three...more

Reading the NLRB Signs at the Triple Play Sports Bar

Proskauer - Labor Relations on 9/9/2014

In Three D, LLC d/b/a Triple Play Sports Bar and Grille, 361 NLRB No. 31. (August 22, 2014), the National Labor Relations Board ruled that an employee “liking” a status on Facebook is engaging in protected concerted...more

NLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees

FordHarrison on 8/7/2014

Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor...more

Old Fashioned Protected Concerted Activity Stirred Up With A Twist

Proskauer - Labor Relations on 6/19/2014

A recent NLRB ALJ decision illustrates the old and the new under the National Labor Relations Act (“Act”). The case is Gates & Sons Barbeque of Missouri, Inc. and Workers’ Organizing Committee, Kansas City, No. 14-CA-110229...more

Restaurant Industry Alert - Fast Food Strikes Announced For Global Workforce

FordHarrison on 5/13/2014

Executive Summary: In an attempt to draw attention to their ongoing efforts to raise the minimum wage to $15 per hour, union organizers have announced another walkout/strike for May 15th....more

The National Labor Relations Act › Restaurant Industry

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