News & Analysis as of April 1, 2025

Restaurant Industry

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...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

Labor Board Grants Employers Greater Rights To Limit Union Activity On Premises

Fisher Phillips on 6/17/2019

The National Labor Relations Board issued a decision on Friday reversing 37 years of precedent and thereby granting employers greater rights to limit union activity on their premises. Under the “public space” exception,...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

“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

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

A Full Menu of Potential Legal Issues for Hospitality Owner/Operators

Epstein Becker & Green on 3/30/2017

Legal compliance is a challenging endeavor, especially in the hospitality industry, where owner/operators must focus on meeting their business objectives, staying competitive, and growing in their respective markets. In...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

Will Your Workers Go On Strike On November 10? What You Need To Know

Fisher Phillips on 11/6/2015

Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more

[Webinar] How Will Browning-Ferris Change the Test for Joint-Employer Status for Union and Non-Union Employers? - August 31st,...

Seyfarth Shaw LLP on 8/27/2015

The NLRB is expected to release its long-anticipated decision in Browning-Ferris Industries of California, Inc. shortly, possibly today. This decision will likely mark a radical departure from the currently accepted standard...more

The Evolving Definition of Joint Employers

Fisher Phillips on 6/3/2015

The National Labor Relations Board and various union-backed organizations are ratcheting up efforts aimed at changing the landscape of who qualifies as a joint employer. Right now, these aggressive efforts are most pronounced...more

Aching Joints: Franchisor Avoids Liability for Franchisee's Labor Disputes

Hinshaw & Culbertson LLP on 5/20/2015

Any time an employer is involved in a franchise relationship, there are bound to be unique issues when legal disputes arise, particularly in the employment context. It is no longer surprising to see the names of any and all...more

Food, Folks, and Franchise-Wide Liability: NLRB Signals Intent to Pound Square Joint Employer Peg Into Round Franchise Hole

Foley & Lardner LLP on 8/12/2014

A big part of what makes the franchise model of business attractive to small business owners is the opportunity to own and operate their own business, but with their entrepreneurial risk backstopped by a known regional or...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

Take 5 Newsletter: Five Hot Topics in Hospitality Law

Epstein Becker & Green on 4/18/2014

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

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