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Restaurant Reporter Legal Commentary and Resources for the Restaurant Industry

Monthly Archives: May 2011

Between a Tweet and a Hard Place: The Challenges of Social Networking for Hospitality Employers

By Jenna Mooney and Nicholas Kampars on Posted in Marketing, Advertising, & Social Media

To say that the use of social networking tools has exploded in the past several years is an understatement. Some studies suggest that of the millions of Americans who use the Internet, nearly half frequent social networking websites such as Facebook, Twitter, LinkedIn, and MySpace. These social media platforms have become an increasingly popular way… Continue Reading

Understanding Lease Provisions Key to Managing Tenant Risks in Event of Commercial Foreclosures and Bankruptcies

By John Benazzi on Posted in Real Estate

Anyone in the commercial real estate business can tell you that the past couple of years have seen a significant uptick in the number of commercial foreclosures and owner bankruptcies.  While it does appear that the market is improving, we’re certainly not out of the woods.  We are likely to see headlines declaring the latest… Continue Reading

How Restaurateurs Should Respond to New Round of Social Security No-Match Letters

By Rich Rawson on Posted in Employment & Immigration

On April 6, 2011, the Social Security Administration (SSA) resumed sending employers “Social Security no-match letters” advising employers that the Social Security numbers (SSNs) reported for certain employees do not match SSA records. The letters had been on hold since 2007 when a federal judge issued a preliminary injunction preventing the Department of Homeland Security… Continue Reading

Avoiding Common ABC Violations: Help Your Staff Help You

By Duke Tufty on Posted in Government/Regulation/Alcohol

Selling alcohol can be profitable for a restaurant, but the privilege of selling alcohol comes with responsibilities. Irresponsible alcohol service by one of your employees can result in violations, license suspensions, civil penalties, and even license cancellation. If selling alcohol is important to your restaurant’s success, take steps to ensure that it is not jeopardized… Continue Reading

Tighter Controls Over Imported Food Under the Food Safety Modernization Act

By David A. Ernst on Posted in Government/Regulation/Alcohol

On Jan. 4, 2011, President Obama signed into law the Food Safety Modernization Act, which mandates a number of new responsibilities on food manufacturers and food producers. The safety of imported food was a major consideration for lawmakers in supporting this legislation.  The law requires importers to verify that imported food and food ingredients are… Continue Reading

How to Keep Employees from Stealing Your Restaurant Concept

By Sheila Fox Morrison, Amy Pannoni and Gillian Murphy on Posted in Intellectual Property

Imagine spending significant time, money, and energy designing a restaurant concept, working with your head chef to develop a cutting-edge menu, and finally bringing it all to reality only to find out that your new general manager has left to open a competing restaurant with a similar format, menu, and décor. While it is impossible… Continue Reading

Hot Air: 4 Tips for Brands Looking to Grow in the Increasingly Competitive Airport Restaurant Space

By Riley Lagesen on Posted in Real Estate

Tastes on the Fly, a San Francisco-based operator of better restaurant concepts at three major airports around the country, has known for years what the rest of the airport concessions market is finally discovering: Consumers want higher-quality dining experiences at airports and are willing to pay for it. The boutique group that operates such concepts… Continue Reading

Health Care Reform: Strike Two!

By Sarah Bhagwandin on Posted in Employment & Immigration

On Jan. 31, 2011, yet another federal district court, this one in Virginia, ruled that the individual mandate to purchase health insurance in the Patient Protection and Affordable Care Act of 2010 (the “Act”) is unconstitutional.  That makes three for two: three federal courts that have ruled in favor of the constitutionality of the individual… Continue Reading

California to Require Food Handling Certification

By Jenna Mooney on Posted in Government/Regulation/Alcohol

Effective July 1, 2011, California restaurants will be required to train and certify employees who engage in food preparation or service. The new law, Senate Bill 602, seeks to reduce the incidence of food-borne illnesses and hospitalizations in California by educating restaurant employees. It requires that employees who handle foods to obtain a food handler… Continue Reading

San Francisco to take the “Happy” out of the “Happy Meal”

By Riley Lagesen on Posted in Government/Regulation/Alcohol

By Michelle Morée Beginning in December 2011, fast-food restaurants will no longer be permitted to include toys in children’s meals that do not meet specific nutritional standards. Under the San Francisco Ordinance Health Code, a restaurant may not provide a toy with a meal that includes any of the following: more than 600 calories, excessive… Continue Reading

Revised Standards for an Accredited Investor: A Legislative Update on Dodd-Frank

By Ryan Maughn on Posted in Restaurant Finance

Restaurant businesses depend on private investors for capital. Fledgling restaurants need the funds to pay startup costs, while more established restaurants need it to expand, renovate, and maintain adequate working capital. Whether you interpret them as an appropriate correction to protect investors or an unnecessary restriction on the flow of private investment, recent amendments to… Continue Reading