Recent Articles

Tips, Batali, DOL

Aaron Einhorn
March 21, 2012 17:08

Mario Batali, one of America’s best known Chefs and Restaurateurs, recently settled a class action lawsuit alleging (among other things) that he and his associate illegally deducted 4%-5% of nightly wine sales from the tip pool to cover the cost of sommeliers and related wine expenses. ...

Think Restaurant Stakeout Sounds Like a Good Idea? Be Careful!

Ed Hafer
March 12, 2012 23:07

Big City, a prolific restaurateur, watches Food Network’s new show Restaurant Stakeout and decides he wants to hide cameras and microphones throughout his restaurants, both in the front of the house and the back of the house.  Should Big City consult a lawyer before doing this? ...

Underage Drinkers Got You Down? Sue 'em!

Jon Gebers
March 02, 2012 01:45

Having problems with minors attempting to purchase alcohol at your restaurant or bar? Well, a state congressman in Wisconsin thinks he has the solution to your problem. Rep. Andrew Jacque, R-Bellevue, has authored a proposed bill in the Wisconsin Assembly which would allow establishments to bring a...

Could Failing To List Drink Prices Land You In Hot Water?

February 21, 2012 18:04

Unhappy that a dining companion was charged $11 for a margarita at a Boston area Cheesecake Factory, a Massachusetts attorney threatened suit.  The basis of the complaint was that the restaurant, while listing prices for its food items, failed to list prices for its alcoholic beverages. ...

Tip Recording - New Jersey and New York

Aaron Einhorn
February 10, 2012 03:41

Restaurants operating in New Jersey and New York – do you comply with tip recording requirements?   I was born and raised in Philadelphia, PA.  We have bitter, historic sports rivalries with our neighbors to the North (pronounced “Nahth”), so you’d think I’d...

Obesity: The New Discrimination under the ADA

February 01, 2012 16:41

Are you a restaurateur who employs a server or cook that is overweight?  Have you considered firing an employee because they were obese?  Alternatively, did you decide not to hire an applicant because they were obese?  These types of scenarios can be the basis for discrimination...

Illegally Delicious

Aaron Einhorn
January 18, 2012 18:26

As a labor and employment attorney, I spend many hours each week contemplating what’s legal.  So, I feel qualified to present this list of foods so good they should be illegal (simply because I don’t have unlimited access to them all hours of the day). 1.  Pasta Carbonara,...

Restaurant Purchases: Fresh Means Frozen

Aaron Einhorn
January 09, 2012 15:17

Does your restaurant buy naturally raised steak or grass fed meat. When you purchase fresh chicken, what are you really getting? The Department of Agriculture (USDA) and Food and Drug Administration (FDA) regulate these and hundreds of other terms on food labels. Manufacturers and suppliers can use...

More Cattle, Higher Prices, Go Local

Aaron Einhorn
December 22, 2011 17:46

Now it’s time for two favorite topics – beef prices and local farming. Although the Department of Agriculture is reporting a 4 percent increase in feedlot inventories from a year ago, supplies of Choice grade meat are tight.  Limited supplies are due, in part, to drought conditions...

Serving Drinks Over the Holidays - A Quick Reminder

Aaron Einhorn
December 14, 2011 23:39

Seasons greetings Colorado restaurants and bars!  As holiday parties get into full swing and people enter party mode for New Years Eve, don’t forget that you can be liable for serving alcohol to someone who you know is either under 21 or visibly intoxicated (or both for that matter). So,...