Categories
Employment Law

NY Employers Face New Strict Harassment Laws

On April 12, 2018, New York Governor Andrew Cuomo signed into law the New York State budget, which includes several significant measures directed at both private and government employers regarding sexual harassment in the workplace. The signing of the budget bills triggers the countdown to the effective dates of the various provisions, as follows, with […]

Categories
Employment Law General

Caveat Superior: Employers Can Be Held Responsible For Their Employees Social Media Posts

Most employers already know that many of their employees are engaging in social media while at the workplace. Whether its posting on Facebook, Twitter, Pinterest or Instagram or looking at others’ posts on those time-draining sites, many employers are concerned about how much labor time is being frittered away during these “Digital smoke breaks.” Many […]

Categories
Litigation Restaurant and Hospitality Law

Congress Must Stop the ADA Shakedown Racket – And Here’s How

Like many statutes that are passed to correct a societal wrong, creative members of the legal community find a way to monetize the situation. The American with Disabilities Act (ADA) was passed with the noblest of intentions -to make sure that places of public accommodation were accessible to the handicapped. Who could argue with that? […]

Categories
Fair Labor/Wage and Hour Litigation Restaurant and Hospitality Law

Restaurant Workers Suit: I Was Harassed By Dumplings!

Looks like upscale NYC Chinese restaurant, Chin Chin, may be headed for an “X” rating instead of its current “A” from the NYC Dept. of Health if a former worker’s allegations are borne out! A former bartender filed a Federal lawsuit last week alleging that kitchen workers repeatedly harassed her by flashing penis-shaped dumplings at […]

Categories
Copyright Law Entertainment Law Intellectual Property Litigation Restaurant and Hospitality Law

Bar Owners Beware! Not Paying for Tunes Can Be Costly!

Owners of bars, nightclubs, restaurants and other venues that play background music or have live music at their establishments should take note of the Ninth Circuit’s decision last month in Range Road Music v. East Coast Foods where it held up a large award against a restaurant that refused to pay a licensing fee for […]

Categories
Fair Labor/Wage and Hour Restaurant and Hospitality Law

Feds Hit Long Island Restaurants Hard for Fair Wage Claims

In any case anybody hasn’t been paying attention, Federal and State Departments of Labor (DOL) have been hitting restaurants for Fair Wage Claims very aggressively in 2011. Trust me, it won’t slow down in 2012. Yesterday’s Newsday reported that the Federal DOL had reached a settlement with over 30 restaurants totaling $2.3 Million in claims. […]

Categories
Fair Labor/Wage and Hour Litigation Restaurant and Hospitality Law

Lawsuit Against Mario Batali’s Restaurants Heating Up

In May of this year, NY Federal Judge Richard Howell dealt a huge blow to famed restauranteur Mario Batali and his partner Joseph Bastianich by granting class action certification to a lawsuit filed by about a dozen or so employees of their famed eateries. The Wage and Hour lawsuit makes several claims against the pair […]

Categories
General Litigation

Celeb Chef’s Case Shows Danger of Fair Wage Claims

Gregory Zakarian is a restaurant rock star. He appears regularly on The Food Network; owns the well-reviewed Lambs Club restaurant in the Chatwal Hotel off Times Square as well as the National Bar and Dining Rooms in the Benjamin Hotel in Midtown Manhattan; he oversees food and beverages at the luxurious Water Club at the […]

Categories
General Litigation

New Tip Rules In Effect For NY Restaurants and Hotels!

Normally tipping is no more complicated than figuring out whether to leave    15 or 20% of the check based on the service you received (or less or more if the service was particularly bad or good). Well, for restaurant, hotel and bar owners, the NYS Labor Department has issued the first-ever set of guidelines for […]