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From Joint Employers to Oyster Shuckers: DOL Issues Opinion Letters on Hospitality Sector Wage Issues

Is an oyster shucker who works in the “front of the house” allowed to share in the tip pool? Are a hotel restaurant and related members club joint employers for overtime purposes? The US Department of Labor (DOL) recently issued opinion letters on these topics and explained why the answer is “yes” to both questions ...
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FOOD HALLS: Legal Risk Considerations

The food hall revolution has captured the attention of both restaurant consumers and developers. Consumers are drawn to food halls due to the abundance of menu choices they offer, while developers see them as a way to mitigate investment volatility by licensing space to multiple food service entities under one roof.  The food courts and ...
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Theft in the Restaurant Industry and the Influence of Peers in Worker Misconduct

Introduction An extensive study of theft among restaurant workers was conducted recently by three researchers from the Olin Business School at Washington University in St. Louis. The results — based on transaction and theft data from 83,153 servers at 1,049 restaurants from 34 chains across 46 states in the U.S. over seven years, are compelling ...
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Top 10 Things I Wish I Knew About My Liquor Licensed Premises

Today’s category is…..The Top Ten Things I wish I knew about my Liquor Licensed Premises! #10: I need to submit an update to the governing licensing authorities when I restructure, change an officer, or change a d/b/a name. Disclosures on licensing applications should be accurate and current, so that the regulating authority has a record ...
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Fisher Phillips State-by-State Restaurant Guide to Reopening

The restaurant industry has been severely impacted by state shutdown orders. As states start reopening businesses, it is vital to know the applicable rules that apply to your location or locations. Whether you operate a single location or are a multi-unit operator, compliance will include assessing business operations, bringing employees back to work, and ensuring ...
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8-Point Plan For Restaurant And Hospitality Employers During The COVID-19 Coronavirus Outbreak

Restaurants and Hospitality businesses are on the front lines of dealing with the COVID-19 coronavirus outbreak. What should you consider in the coming days, weeks, and months to deal with the COVID-19 coronavirus crisis? Below we have provided both an update on the latest federal and state rules relating to coronavirus and a six-point plan ...
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Resources to Combat the Coronavirus

This ConvergeBlog post features several articles that provide valuable information about COVID-10, or the Coronavirus. It is our hope that these articles can assist the travel and hospitality industries to combat the virus and manage the risks that come with it. We will continue to add links with updated information and valuable tips For more ...
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Court Stresses the Need for a Business to Provide an Accessibility Statement on its Website

In 2018 and 2019, there were approximately 5,000 federal lawsuits filed against hotels, restaurants, stores, and other places of public accommodation alleging that their websites violated Title III of the Americans with Disabilities Act (“ADA”). In all likelihood this number of lawsuits will increase in 2020 now that the U.S. Supreme Court has declined to ...
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Veterans Turned Away Because Of Service Animals: Lessons You Can Learn

The United States Department of Justice (DOJ) recently announced settlements with two hotel properties to resolve complaints under Title III of the Americans with Disabilities Act (ADA) involving service animals. In both cases, the individuals involved were veterans with PTSD and both properties refused to honor their reservations because the veterans were accompanied by service ...
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State & Federal Alcohol Compliance Update: TTB Enforcement and Related Matters

The U.S. Department of the Treasury, Tax and Trade Bureau (TTB) is the federal agency with oversight of alcohol beverage sales, marketing, and distribution. Every U.S. state has a companion state-level agency to TTB. In recent months, TTB has, thanks to a generous allocation in the federal budget, embarked on a rigorous trade practice investigation ...
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