Wilson Elser

Understanding and Complying with Transgender/Gender Identity Issues for the Hospitality Workplace

by Yoora Pak in Human Resources, Legal. Posted December 10, 2019

In a highly publicized dispute, the Supreme Court will [have heard] arguments this fall from advocates and opponents to ultimately determine whether federal law, in particular Title VII of the Civil Rights Act, protects transgender employees from discrimination based on their gender identity.1 Along with two other cases concerning the LGBTQ community, the Supreme Court ...

Texas Updates Breach Notification Requirements

by Wilson Elser in Legal, Technology. Posted November 21, 2019

Effective January 1, 2020, the Texas legislature will impose new notification requirements on businesses that maintain personal information of customers. House Bill 4390 amends the Texas Identity Theft Enforcement and Protection Act by requiring that Texas residents be notified of a data security breach within sixty (60) days of the determination that a breach has occurred. A ...

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 ...

Employer-Mandated Tip Pooling Guidelines

by Wilson Elser in Food & Beverage, Legal. Posted May 31, 2018

Tips and their distribution among the staff have plagued the hospitality industry for years. Federal courts interpret the federal law differently and states have enacted their own statutes that place employers in constant uncertainty, depending on where they are located. Also, tip pooling arrangements have been a regular part of many restaurant operations and are ...

Mislabeled Food Products Risk Allergic Reaction

by Jennifer Arledge in Food & Beverage. Posted August 22, 2017

About 80 percent of all food products are regulated by the Food and Drug Administration (FDA). The U.S. Department of Agriculture (USDA) regulates meat, poultry and egg products. Both agencies have regulations governing food production, labeling and recalls. Rarely does a week go by without reports of a food recall. The number of annual recalls ...

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 ...

The Future of Noncompetition Agreements in Massachusetts and Beyond

by Tracy Waugh in Human Resources, Legal. Posted February 13, 2017

The landscape of employee noncompetition agreements is in flux: most states allow such agreements and many states have enacted legislation that governs them. In Massachusetts, the legislature has considered proposed noncompete bills in each of the past eight years, but has yet to enact any such legislation. On January 20, 2017, a new noncompete bill ...

Defending Against the Reptile Strategy

by Wilson Elser in Legal. Posted April 11, 2016

The Reptile Strategy “Based on a plaintiff’s attorney generalizing the defendant’s conduct so the jury members feel personally threatened by the alleged danger actions,” the reptile strategy is a force to be reckoned with. This specific strategy has been implemented in “almost 50 notable cases”, one of which a “Florida attorney received a $2.6 million ...

Big Changes Are Coming to Overtime Laws in 2016

by Wilson Elser in Food & Beverage, Human Resources, Legal, Lodging. Posted March 30, 2016

“On March 13, 2014, President Obama signed a Presidential Memorandum directing the United States Department of Labor (DOL) to update the regulations regarding white-collar workers. In June 2015, the DOL announced its proposed regulations, which call for sweeping changes that would more than double the minimum annual salary employers must pay white-collar employees (from $23,660 ...