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FDA Will Begin Enforcing Menu Labeling Requirements in Less Than Two Months: Covered Establishments Must be Prepared

After many delays, the U.S. Food and Drug Administration is slated to begin enforcing its menu labeling rule on May 5, 2017. The Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments rule, codified at 21 CFR 101.11, applies to retail food establishments with twenty (20) or more locations. ...
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Supreme Court Agrees To Wade Into Class Action Waiver Conflict

In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will provide clarity to a topic that has become increasingly muddled over the past year. Employers will spend the ...
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Binary Treachery: Defending Yourself from Attacks Coming at the Speed of Light

It seems these days that not a month goes by when one does not hear about a major company’s network infrastructure being hacked. Major retailers (including bars and restaurants), insurance companies, payment systems and even Experian, the credit reporting agency, have been victims of cyber attacks resulting in the theft of the personal information of ...
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Anticipating Trump’s Impact on Labor Relations in the Hotel Industry

Unlike his oval office predecessor, President-elect Donald Trump is expected to limit federal labor and employment agency activism in wage and hour and other employment-related matters. Hotel owners and franchisors, which in recent months have experienced numerous workforce-related challenges, are likely to witness significant labor and employment policy shifts, a few of which are detailed ...
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Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

by Ruth Walters Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and how they must be allocated are propagating. More and more cities, municipalities and other local legal bodies are taking ...
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Hotels and Restaurants; Prime Real Estate for Slip and Fall Accidents

By David B. Willis, MemberEckert Seamans Cherin & Mellott, LLC – Boston Slip and falls are the number one cause of accidents in hotels, restaurants and public buildings according to the Bureau of Labor Statistics. Injuries from a seemingly incidental fall here or trip there are estimated to cost some $70 billion annually according to ...
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On the Sideboard: Tip Deductions, Side Work, and Meal Credits

by Wendy McGuire Coats and Rochelle Nelson What kinds of employment-related issues are other restaurants facing? Here’s a quick look this summer’s court activity. No Deductions in Tips for Cash Deliveries. A restaurant chain came under fire for violating federal wage and hour laws by deducting cash handling fees from its employee’s tips. The restaurant ...
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What is a Safe Floor? – Expert Article

Do you provide a safe floor for your guests? What about your employees? Slip, trip, and fall injuries are accidents; however, they could be the result of not providing a safe floor. Although each case is unique, there have been found to be “common factors” in these situations. Anthony Shinsky of Robson Forensic explores what ...
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Please Don’t Pass the Salt (Labels): The Fight Over NYC’s Sodium Labeling Rule

After surviving its first go-around in court, New York City’s attempt to require restaurateurs to add sodium warnings to their menus has hit a roadblock in the form of a temporary injunction. Perhaps taking inspiration from the FDA’s recent imposition of nutrition-labeling requirements on restaurant menus, the New York City Board of Health had approved ...
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Minimum Wage Raise in California

It’s official: California goes for $15 minimum wage raise Some may say the minimum wage raise is inevitable. Of course there are staunch opinions on both sides raising very challenging issues. “Gov. Jerry Brown [of California] announced a landmark deal between lawmakers and union leaders that would increase the state’s minimum wage to $15 an ...
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