News & Analysis as of

New York Restaurant Industry

Davidoff Hutcher & Citron LLP

How to Structure Real Estate Ownership for Maximum Asset Protection in the Restaurant Industry

For restaurant owners in New York, owning real estate can be a powerful asset—offering stability, long-term equity growth, and operational control. However, real estate ownership also exposes your business and personal wealth...more

Davidoff Hutcher & Citron LLP

Asset Protection 101 for New York Restaurant Owners with Real Estate Interests

Owning and operating a restaurant in New York comes with significant financial and legal responsibilities—especially when real estate is part of your investment portfolio. As a restaurant owner, you face unique risks that can...more

Davidoff Hutcher & Citron LLP

Enforcing Operating Agreements in Restaurant LLCs: Common Pitfalls and Solutions

A well-drafted Operating Agreement is crucial for restaurant LLCs, setting clear rules for ownership, management, and dispute resolution. However, even the best agreements can become a source of conflict if not properly...more

Davidoff Hutcher & Citron LLP

Service Charges vs. Tips: Ensuring Legal Compliance in New York Restaurants

Understanding the difference between service charges and tips is critical for New York restaurant owners to remain compliant with state and federal labor laws. Misclassifying these charges can lead to legal disputes,...more

Davidoff Hutcher & Citron LLP

Overtime Compliance for New York Restaurant Owners: Avoiding Costly Legal Mistakes

Running a restaurant in New York involves managing a fast-paced, labor-intensive business—and keeping up with employment laws can be overwhelming. One of the most common legal pitfalls restaurant owners face is overtime...more

Davidoff Hutcher & Citron LLP

Meal and Rest Break Requirements for New York Restaurants: What Owners Need to Know

In the hustle of running a restaurant, it’s easy for meal breaks to slip through the cracks. However, New York law has specific requirements for giving your employees time to eat and rest. Ensuring your staff takes legally...more

Davidoff Hutcher & Citron LLP

Understanding Spread of Hours Pay: Compliance Guide for New York Restaurant Owners

Long days and double shifts are common in the restaurant business. As a New York restaurant owner, it’s crucial to understand the “spread of hours” rule – a unique state requirement that can catch employers off guard. This...more

Davidoff Hutcher & Citron LLP

Tip Pooling and Tip Credit Compliance: A Guide for New York Restaurant Owners

New York restaurant owners must navigate complex tip pooling and tip credit regulations to ensure compliance with federal and state labor laws. Failure to follow these rules can result in lawsuits, back wages, and penalties....more

Davidoff Hutcher & Citron LLP

Navigating Alimony and Child Support Obligations for Restaurants Owners

For restaurant owners, divorce brings a unique set of challenges—especially when it comes to financial obligations like alimony and child support. Unlike salaried employees with predictable income, restaurant owners often...more

Holland & Knight LLP

New York State Restaurant Reservation Anti-Piracy Act Cracks Down on a "Leech Industry"

Holland & Knight LLP on

In this episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorneys Charles Weiss and Christopher Riano, along with Practice Development Manager Kristina Merritt, speak with New York State...more

Farrell Fritz, P.C.

Bless This Mess: New York Court Shuts Down Attempted Early Ouster of Restauranteur From Managing His Own Restaurant

Farrell Fritz, P.C. on

It is not uncommon in the restaurant business for a restauranteur to partner with a silent-partner investor, i.e. the money guy. It’s not uncommon for the restaurant partners to fight over the control of the restaurant....more

Jackson Lewis P.C.

Freelance Isn’t Free: A Contract Ingredient for New York’s Restaurants

Jackson Lewis P.C. on

New York’s Freelance Isn’t Free Act, which requires that a business provide any freelance worker with a written contract if the freelance work is worth at least $800, inclusive of multiple projects over a 120-days period,...more

Goldberg Segalla

NY Court of Appeals Rejects Claim that COVID-19 Caused Physical Loss or Damage to Property

Goldberg Segalla on

On January 10, 2024, the New York State Court of Appeals – the state’s highest court – heard oral argument on an insurance coverage dispute for plaintiff Consolidated Restaurant Operations’ (CRO) business interruption claim...more

Mandelbaum Barrett PC

Guide to NYC’s Permanent Outdoor Dining Program

Mandelbaum Barrett PC on

New York City is taking a significant step forward in enhancing its dining scene and urban landscape with the launch of its permanent outdoor dining program. This initiative, rooted in the city’s response to the COVID-19...more

Cozen O'Connor

New York Note – Council Override, Dining Out NYC, Admin Appointments

Cozen O'Connor on

Council Overrides Mayoral Vetoes- Last Tuesday, the NYC Council voted to override Mayor Adams’ vetoes on the How Many Stops Act and a ban on solitary confinement in city jails. The How Many Stops Act will require police...more

Cozen O'Connor

New York Note – Deputy Mayor, Election Day, City Legislation, Employment Law Now

Cozen O'Connor on

Mayor Adams announced the appointment of Louis Molina as Assistant Deputy Mayor for Public Safety. Molina has served as Commissioner of the NYC Department of Correction since the beginning of the Adams administration. As...more

Cozen O'Connor

New York Note – AI Action Plan, Dining Out NYC, City Legislation

Cozen O'Connor on

Mayor Adams and Chief Technology Officer Matthew Fraser released the “New York City Artificial Intelligence Action Plan.” The plan will develop a framework for city agencies to evaluate AI tools and risks and support the...more

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Delivery Workers Temporarily Stayed by Appellate Court

Jackson Lewis P.C. on

New York City is still undertaking efforts to become the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. The new law was initially scheduled to go into effect July 12, 2023....more

Cozen O'Connor

New York Note – Traffic Mobility Review Board, City of Yes, Outdoor Dining

Cozen O'Connor on

Traffic Mobility Review Board- The Traffic Mobility Review Board held their second meeting last Thursday. They discussed a variety of possible exemptions, including “cross credits” for drivers who paid bridge or tunnel...more

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Restaurant Delivery Workers Are Stayed

Jackson Lewis P.C. on

New York City was on track to becoming the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. However, the new law, which was scheduled to go into effect July 12, 2023, has been...more

Jackson Lewis P.C.

New York City Announces New Pay Protections for App-Based Restaurant Delivery Workers

Jackson Lewis P.C. on

New York City has become the first major U.S. city to establish a minimum pay-rate for app-based restaurant delivery workers. The new law goes into effect July 12, 2023. Popularity of Food Delivery Apps- The rise in...more

Constangy, Brooks, Smith & Prophete, LLP

Will New York City scrap employment at will?

In December 2020, the New York City Council passed the Wrongful Discharge Law, which prohibited fast food employers from terminating employees “except for just cause or for a bona fide economic reason.” A bill has now been...more

Constangy, Brooks, Smith & Prophete, LLP

New York State Imposes Mask Mandate On Businesses And Venues

On December 10, Gov. Kathy Hochul (D) announced that any person entering an indoor public place in New York State must wear a face covering, unless the public place has a vaccine requirement. The announcement was in response...more

Fox Rothschild LLP

Major Updates Made to the Key to NYC Vaccination Requirements

Fox Rothschild LLP on

New York City has made significant changes to its Key to NYC mandatory vaccination requirements for indoor dining, gyms and entertainment venues. As of December 14, 2021, children between the ages of five and eleven must show...more

Fox Rothschild LLP

Some NYC Employers Must Soon Report Unionization Efforts

Fox Rothschild LLP on

On November 23, 2021, the New York City Council passed a bill requiring certain employers to report unionization efforts amongst their employees when they receive funding from New York City (either directly or indirectly) to...more

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