News & Analysis as of

Restaurant Industry

Fish & Richardson

TTAB Puts Pool Hall Behind the 8 Ball

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On March 20, 2025, the U.S. Trademark Trial and Appeal Board (TTAB) granted an opposition filed by Jack’s Family Restaurants, LP, and denied an application filed by Jack’s Grill and Billiards, Inc., to register JACK’S...more

Benesch

No Tax on Tips! What President Trump’s Promise May Mean for Your Business

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If you’re a political nerd like me, you may have observed then-candidate and now President Donald J. Trump’s pledge to eliminate taxes on tips. In fact, he doubled down on this promise in his speech to Congress on March 4,...more

Williams Mullen

Efforts to Revise Virginia’s Food-To-Beverage Ratio Fail to Advance

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Proposed changes to Virginia’s food-to-beverage ratio requirements once again failed to advance in the General Assembly this year. Currently, restaurants with a mixed beverage license are required to make 45% of their sales...more

Holland & Knight LLP

New York Curbs Scalping of Restaurant Reservations

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Legislation aimed at the unauthorized sale of restaurant reservations, described as the first of its kind in the United States, takes effect in New York on February 17, 2025. Titled the Restaurant Reservation Anti-Piracy Act,...more

Fisher Phillips

California’s Fast Food Council Plans for Next Wage Hike Despite Pushback From Franchise Owners

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Members of California’s Fast Food Council were not deterred by a chorus of franchise owners who gathered at a Jan. 23 meeting to object to plans for another minimum wage increase in the fast-food industry. Here’s the latest...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Low-Cost Meals, High-Cost FLSA Mistakes: Lessons From the DOL’s Fining of a Minnesota Pizza Restaurant for Wage and Hour Failures

In December 2024, the U.S. Department of Labor (DOL) fined a Minneapolis pizza restaurant for numerous wage and hour violations....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Clarifies That Managers and Supervisors Can’t Wear Two Hats When It Comes to Tips

On January 14, 2025, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2025-1 pertaining to managers’ participation in a tip pool at a “quick service restaurant.” ...more

Vedder Price

DOL Returns to Prior Dual Jobs Regulation for Tipped Employees

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In August 2024, we reported on the highly anticipated opinion in Restaurant Law Center v. U.S. Department of Labor, 115 F.4th 396 (5th Cir. 2024), in which the Fifth Circuit vacated the 2021 Dual Jobs Final Rule as arbitrary,...more

Tucker Arensberg, P.C.

Avoiding Interlocking Business Prohibitions in Pennsylvania Liquor Licensing

Navigating Pennsylvania’s strict PLCB liquor licensing rules can be challenging, especially when it comes to interlocking business prohibitions. Whether you’re applying for a restaurant liquor license or negotiating a lease...more

Troutman Pepper Locke

FTC and Illinois AG Settle Matter Against Grubhub for $140M

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On December 17, 2024, the Federal Trade Commission (FTC) and Illinois Attorney General (AG) Kwame Raoul settled their lawsuit against Grubhub for $140 million (Grubhub will only have to pay $25 million, with the balance...more

Seyfarth Shaw LLP

Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In...

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Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more

Adams & Reese

Nashville Sales Tax Increase in 2025

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Many Nashvillians vaguely recall that they voted in November to increase sales taxes to improve mass transit. Restaurants, bars and other businesses that pay sales tax have been asking: when does the tax increase take...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 10 "Minimum Wage Updates"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the tenth day of the holidays, my labor and...more

Vondran Legal

Netflix gearing up to stop streaming copyright piracy in upcoming Tyson vs. Jake Paul fight

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Ladies and gentlemen, hold onto your cocktails and nachos, because we might just witness one of the wildest boxing events in recent history: Mike Tyson versus Jake Paul! Yes, you heard it right. Iron Mike, the baddest man on...more

Vondran Legal

Joe Hand Settlements

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A big fight is coming up. You run a small restaurant, diner, sports club, or other establishment offering entertainment. Hey, the big fight is coming up on Friday. Why not buy the fight from a site like ESPN+ and pay $70...more

Fisher Phillips

Massachusetts Voters Retain Current Tip Credit Law – What Does Your Restaurant Need to Know?

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In the recent Massachusetts state election, voters faced a pivotal decision on a ballot initiative aiming to eliminate the tip credit system. The proposal sought to require employers to pay tipped employees the full state...more

Clark Hill PLC

The Learned Concierge - November 2024, Vol. 14

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Akerman LLP - HR Defense

A Tip for Employers With Tipped Employees — Stay on Top of the Ever-Changing Guidance on the 80/20 Rule!

Employers with tipped employees are constantly trying to keep up with the ever-changing and evolving tip credit rules promulgated by the United States Department of Labor (DOL) — specifically, what is known as the 80/20 rule....more

Seyfarth Shaw LLP

Tips from Seyfarth: Opinion Update – Fifth Circuit Clarifies Scope of its Decision Vacating 80/20 Rule

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Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Stark & Stark

TGI Friday’s Files for Chapter 11 Bankruptcy Protection

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​​​​​​​Dallas-based TGI Friday’s, which started in Manhattan in 1965 and was one of the first chains to capitalize on the “happy hour” concept, filed for Chapter 11 bankruptcy protection on Saturday in the Northern District...more

Littler

New Amendments to California Bill Clarify Scope of Prohibition on Junk Fees for Restaurant Industry

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On June 29, 2024, Governor Newsom signed into law an amendment to California Code 1770, clarifying the scope of SB 478. Under SB 478 and previously published guidance from the attorney general, California restaurants were...more

Kerr Russell

TGI … Bankruptcy? Another restaurant chain contemplates Chapter 11

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Chapter 11 bankruptcy continues to be a featured menu item for struggling restaurant chains. According to Bloomberg, TGI Fridays is the latest restaurant chain to contemplate a Chapter 11 bankruptcy filing. TGI Fridays is...more

Falcon Rappaport & Berkman LLP

No Tax on Tips: Pragmatic Tax Proposal or Populist Tax Policy Nightmare?

Recently, both major-party presidential candidates have come out in favor of a “no tax on tips” proposals, though neither candidate has indicated how to implement one. There have been proposals from other legislators, though...more

Fox Rothschild LLP

Chatbot Do’s and Don’ts for Restaurants (and Beyond)

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I recently sat down with the Restaurant Technology Network to discuss some of the many concerns people have regarding chatbots, and the legislation that governs them. Here are some of the key points we talked about:...more

Troutman Pepper Locke

The Fifth Circuit Strikes Down DOL’s Rule for Tipped Employees

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In a highly anticipated decision published on August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (DOL) Final Rule that limited the circumstances under which an...more

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