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November/December 2020 Legal Update

Modern Restaurant Management

Nair, a partner at Ervin Cohen & Jessup LLP compiles recent legal news affecting the restaurant, food and beverage and hospitality industries for Modern Restaurant Management (MRM) magazine. The Court ruled that under California law, PAGA claims could not be compelled into arbitration. Litigation. Legislation.

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Surviving Disruption: How New COVID-19 Legislation Can Assist the Restaurant Industry

Modern Restaurant Management

While businesses coast to coast reel from the financial and emotional impact of the COVID-19 coronavirus pandemic, few have been affected more adversely than restaurants. Uncertainty in the restaurant industry could endure for months, maybe longer. COVID-19 Legislation and Tax Policy Changes. Paycheck Protection Program (PPP).

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What the Stimulus Bill Means for Restaurants

Modern Restaurant Management

history, into law. The act provides some relief for restaurant owners in forgivable paycheck protection loans and tax relief. This includes payroll costs, compensation for employees making less than $100,000 annually, rent, continuation of health care benefits, and rent. with a cap of $10 million.

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The Risks of Form I-9 for Restaurants

Modern Restaurant Management

Particularly for operators in the restaurant industry, who face high-volume hiring as a result of toxic turnover, it’s critically important to be diligent regarding employment eligibility to avoid penalties. Nationwide, ICE worksite enforcement jumped more than threefold in the first nine months of 2018 alone. The solution?

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New NLRB Decision Eases Restrictions on Keeping Harassment Investigations Confidential

Modern Restaurant Management

Between 2005 and 2015, the restaurant and hospitality industry had the highest percentage (14 percent) of sexual harassment filings received by the Equal Employment Opportunity Commission (“EEOC”), [1] in which the complainant's industry was specified. [2] Retaliation Exposure. NLRB Ruling on Employer Confidentiality.

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How are You Managing the New Oregon Fair Work Week Act?

Hot Schedules

On July 1, 2018, Oregon’s Fair Work Week Act took effect, making the state the first in the U.S. to enact a predictive scheduling law on a statewide level. The law is meant to provide more structure and stability around schedules for hourly employees of large brands. New Requirements for Employers.

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How Mattenga’s Pizzeria Simplifies Labor Management—and Gets Back to Family Life

7 Shifts

It's been six years that we've been in this business, and in 2018 we opened our second location in San Antonio.” 2 hours per week When Mattenga’s bought the restaurant in 2014, they had been using spreadsheets to keep track of their weekly schedules. You’re getting interrupted all the time in the restaurant industry.