Tag: restaurant
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Jury Agrees with Benihana over Employee Classification
A federal jury in California has reportedly determined that Benihana properly classified three restaurant managers as exempt thus concluding wage-related litigation against the chain. Originally filed as a putative class action in state court, the case initially included claims about overtime wages, accrued vacation pay, rest and meal breaks, and itemized wage statements. By the…
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Second Circuit Sends Starbucks Tips Dispute to New York Court with Questions
The Second Circuit Court of Appeals has certified to the New York Court of Appeals questions arising under state employment law in a dispute over the distribution of tips in Starbucks stores. Barenboim v. Starbucks Corp., No. 10-4912; Winans v. Starbucks Corp., No. 11-3199 (2d Cir., questions certified October 23, 2012). A federal district court…
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Hard Times for Hard Rock Café Employees
A California court has reportedly denied a motion to certify a class of Hard Rock Café employees who allege that the restaurant chain wrongly classified them as exempt employees and then forced them to assume the tasks of non-exempt employees without paying them overtime or allowing them to take meal periods and rest breaks, and…
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Court Refuses to Certify Wage and Overtime Class Action Against Steak ‘N Shake
A federal court in Georgia has denied a request to certify a nationwide class of Steak ‘n Shake hourly employees in a dispute over alleged violations of the Fair Labor Standards Act, finding that class members are not similarly situated to the named plaintiffs or to each other. Beecher v. Steak ‘n Shake Operations, Inc.,…
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Chipotle Claims Jack in the Box Is Infringing Its Trademark
Chipotle Mexican Grill, Inc. has filed another infringement action against a retailer allegedly selling a chicken sandwich combo using the CHIPOTLE® trademark. Chipotle Mexican Grill, Inc. v. Jack in the Box, Inc., No. 12-02511 (D. Colo., filed September 21, 2012). Information about the trademark infringement lawsuit Chipotle filed in April against Kroger Co. appears in Issue…
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Celebrity Chef Settles Restaurant Employee Wage Claims for $1.15 Million
A federal court in New York has dismissed with prejudice claims that Mario Batali’s Del Posto restaurant allegedly retained portions of workers’ tips in violation of federal and state labor laws after approving an agreement requiring the defendants to pay $1.15 million into a settlement fund and provide workers with training and paid vacation time…
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New York Bill Would Allow Toys in Fast-Food Meals Meeting Nutritional Requirements
New York State Senator Gustavo Rivera (D-Bronx) has introduced a bill (S7849-2011) that would require fast-food restaurants offering incentive items, such as toys, with children’s meals to meet certain nutritional guidelines. The standards, designed to limit the amount of fat, sugar, calories, and sodium per meal, would be established by the state health commissioner. “Incentive…
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Seventh Circuit Rules Franchisee Need Not Adopt New Pricing Policy for Now
The Seventh Circuit Court of Appeals has determined that a Steak ‘n Shake franchisee in Illinois was entitled to a preliminary injunction to stop the implementation of a new Steak ‘n Shake policy for menu pricing and promotions. Stuller, Inc. v. Steak N Shake Enters., Inc., No. 11-2656 (7th Cir., decided August 24, 2012). The franchisee,…