California

Franchisees, Subsidiaries, and Affiliates Beware: California’s New Privacy Law May Apply To You, Too

by Usama Kahf in Legal, Technology. Posted January 30, 2020

Many small or solo franchisees, subsidiaries, and affiliates of larger businesses may think the California Consumer Privacy Act (CCPA), does not apply to you because you don’t meet one of the three threshold criteria. Your annual revenue is under $25 million, you do not annually collect the personal information of 50,000 or more California residents, households or ...

Wildfire Severity Factors and Risk Mitigation Tips

by Haylie Mikulak in Risk Management, Safety & Security, Travel. Posted November 30, 2019

A wildfire is considered any unwanted or unplanned fire burning in forest, shrub, or grass. Wildfires are one of the most destructive natural disasters that exist and occur year-round all over the world. Some of the most common areas susceptible to wildfires are as follows: Western US: August – December Southeastern US: October – December ...

California Employers Are Not Required To Reimburse Restaurant Workers For The Cost Of Slip-Resistant Shoes Under Labor Code Section 2802

by Megan Shaked in Food & Beverage, Legal. Posted October 19, 2019

A recent California Court of Appeal decision, Townley v. BJ’s Restaurants, Inc., has further defined the scope of reimbursable business expenses under California Labor Code section 2802, this time in the context of slip-resistant shoes for restaurant workers. A former server filed an action under the California Labor Code Private Attorneys General Act of 2004 (PAGA), ...

Use of Surcharges and Best Tips to Avoid False Advertising and Other Consumer Claims

by Bruno Katz in Food & Beverage, Legal, Lodging. Posted July 13, 2019

Due to a myriad of legislative and court decisions, some restaurants particularly in California have elected to add a surcharge to their receipts to defray increased costs incurred over the last several years. The increased costs of operating a restaurant can be attributed to minimum wage increases, healthcare, paid sick leave, restrictive scheduling, cost of food and ...

Lasting Effects of the #MeToo Movement

by Beeta Lashkari in Human Resources, Legal. Posted November 13, 2018

It has been about a year since the #MeToo movement went viral, spreading greater awareness about sexual misconduct and harassment, and, more generally, the role of women, in the workplace. So, where are we now, and has anything changed? Was it just an awareness movement? Or, have things actually started to shift in the legal ...

Court Finds that Restaurant Complied with California Law by Requiring Employees Purchasing Discounted Meals to Eat their Meals on Premises

by Megan Shaked in Food & Beverage, Legal. Posted August 28, 2018

In California, generally an employer may not employ a non-exempt employee for a work period of more than five hours per day without providing the employee with a meal period that may be taken off the premises. Yet, in the restaurant industry employers often provide employees free or discounted meals to be eaten on the ...

The Most Aggressive Privacy Law in the U.S.: Tracking the California Consumer Privacy Act of 2018

by Faegre Baker Daniels in Insurance & Loss Prevention, Legal, Technology. Posted August 14, 2018

Signed into law on June 28, 2018, the California Consumer Privacy Act provides the most comprehensive and aggressive privacy law in the United States — despite being pushed through the legislative process in one week. The California State Legislature will reconvene from Summer Recess on Monday, August 6, and it is expected to reevaluate the ...

California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims

by Paul Bressan in Human Resources, Legal. Posted August 7, 2018

On July 26, 2018, the California Supreme Court issued a decision entitled Douglas Troester v. Starbucks Corporation, No. S234969, which should be of concern to all California employers. The specific issue was whether, in tracking the compensable time of its non-exempt employees, Starbucks could ignore minutes that they spend closing up after they clock out ...

Gram Shop Liability for On-Site Cannabis Consumption in California

by Wilson Elser in Legal. Posted March 24, 2017

Ian Stewart (Partner-Los Angeles) and Otis Felder (Of Counsel-Los Angeles) have authored an article, “Gram Shop Liability for On-Site Cannabis Consumption in California,” published in the March 1, 2017, issue of Cannabis Law Journal. Ian and Otis point out that those considering the potential development of on-site cannabis use should not only inquire as to ...

Minimum Wage Raise in California

by Nation's Restaurant News in Food & Beverage, Human Resources, Lodging. Posted April 1, 2016

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 ...