Archive for the ‘Restaurant Law’ Category

HospitalityLawyer December Legal Newsletter: Focusing on Legal, Safety, and Security Solutions

Monday, December 15th, 2008

The HospitalityLawyer Legal Newsletter addresses recent legal, safety, and security updates, regulations, and laws affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses.

The December Legal Newsletter features an article on Components and Key Agreements of a Mixed-Use Hotel-Residential Resort Project, as well as an article on Reducing Liability Through Strategic Risk Management Practices.

Visit the November Legal Newsletter at http://www.hospitalitylawyer.com/Newsletters/december08news.html.

To sign-up for free newsletters focusing on legal, safety, and security issues affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses, please visit http://www.hospitalitylawyer.com/index.php?id=213.

Hotel Law, Restaurant Law - Elarbee Thompson Webinar: “Changes to the ADA”

Monday, November 24th, 2008

Are Your Accommodations Reasonable? Another important legislative change is the ADA Amendments Act  (”ADAAA”).This legislation will go into effect January 1, 2009 and will directly affect your workplace.  The amendments incorporate major changes to the definition of the term “disability,” dramatically expanding coverage of the law, and changes an employer’s “reasonable accommodation” obligations. As a result of this legislation, more employees will be qualified as disabled and entitled to reasonable accommodations. Employers will need to hone their reasonable accommodation skills and processes in light of these dramatic legislative developments. Elarbee Thompson invites you to a complimentary webinar regarding the new ADA Amendments Acts on Wednesday, December 3 at 1:00 PM EST.

To read more about this legislation, click here.

For more information, please click here.

Hotel Law, Hotel Regulations, Restaurant Law, Restaurant Regulations, Private Club Law: The New FMLA Regulations - Free Legal Webinars in December

Thursday, November 20th, 2008

What Every Employer Must Know to Comply by January 2009

Fisher & Phillips LLP is offering free webinars to help employers understand new regulations interpreting the Family and Medical Leave Act (FMLA).These are the first significant changes to the regulations since FMLA’s “final” regulations were issued in 1995 and will affect every employer subject to the law.

The DOL has given employers only 60 days (until January 16, 2009) to implement and comply with the new rules. This webinar will provide an overview of the more significant changes to the regulations and steps towards compliance in managing FMLA leave and the law’s required forms.

The webinars are free but require registration. To view webinar dates and to register, please visit the Fisher & Phillips website »

HospitalityLawyer November Legal Newsletter: Focusing on Legal, Safety, and Security Solutions

Monday, November 17th, 2008

The HospitalityLawyer Legal Newsletter addresses recent legal, safety, and security updates, regulations, and laws affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses.

The November Legal Newsletter features an article on the Marinas Law in Costa Rica, as well as an article on the recent Seventh Circuit decision to award FMLA right to an ineleigible employee.

Visit the November Legal Newsletter at http://www.hospitalitylawyer.com/Newsletters/november08news.html.

To sign-up for free newsletters focusing on legal, safety, and security issues affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses, please visit http://www.hospitalitylawyer.com/index.php?id=213.

HospitalityLawyer October Legal Newsletter: Focusing on Legal, Safety, and Security Solutions

Monday, October 27th, 2008

The HospitalityLawyer Legal Newsletter addresses recent legal, safety, and security updates, regulations, and laws affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses.

The October Legal Newsletter features an article on Employer Liability for Hiring Illegal Aliens by law firm Elarbee Thompson, as well as an article analyzing the ramifications of the recent Shaw v. Marriott decision by law firm Stroock & Stroock & Lavan LLP.

Visit the October Legal Newsletter at http://www.hospitalitylawyer.com/Newsletters/october08news.html.

To sign-up for free newsletters focusing on legal, safety, and security issues affecting hotels, restaurants, bars, country clubs, spas, and other hospitality businesses, please visit http://www.hospitalitylawyer.com/index.php?id=213.

HospitalityLawyer: Hospitality Lawyers on the Move

Monday, October 13th, 2008

Two of Europe’s Leading Hotel Lawyers Move to Sonnenschein

Sonnenschein Nath & Rosenthal LLP today announced that Heinz Bloch and Robert Schlup, two of Europe’s most prominent hotel lawyers, have joined the law firm as partners in Zurich, Switzerland, where it is opening a new office.

“[Heinz and Robert] bring a combined 55 years of hotel industry legal experience to our team, and they will serve as outstanding ambassadors for our practice and for the firm in Europe and beyond,” said Richard F. “Rick” Ross, chair of Sonnenschein’s Hotels & Resorts Global Practice.

Read more

HospitalityLawyer - Hotel Law, Restaurant Law: Hurricane Ike Legal, Safety, and Security Solutions

Monday, September 29th, 2008

Special Hurricane Ike Legal, Safety, and Security Solutions Newsletter
For those impacted by Hurricane Ike, what you need to know about mold, HR issues, and more

Click here for a special newsletter from HospitalityLawyer on Hurricane Ike’s effects. Receive helpful tips on mold concerns, as well as answers to common questions for hotels, such as overbooking, FEMA, and price gouging concerns. Also included is an article that provides guidelines that may be used by employers to help them navigate the legal and business human resources implications created by events such as Hurricane Ike.

If the above link does not work, please copy and paste this link into your browser:  http://www.hospitalitylawyer.com/Announcements/hurricaneikesolutions.html

Hotel Labor & Employment Law, Restaurant Labor & Employment Law - Meet the New ADA: Massive Changes Ahead for Nation’s Employers

Thursday, September 25th, 2008

Meet the New ADA:
Massive Changes Ahead for Nation’s Employers

The ADA will undergo significant changes, effective January 1, 2009. The new law, signed by President Bush today, “will not only have a tremendous impact on the defense of employment litigation claims, they will require almost all human resource professionals, managers, and business owners to adopt new policies and procedures in dealing with accommodation requests,” says national labor and employment law firm Fisher & Phillips.

Click here to read more about the new changes, as well as other amendments to the ADA.

Fisher & Phillips has also created an interactive process questionnaire form to use or adapt with your workforce under the new ADA.

HospitalityLawyer: Restaurant Law: Size Really Does Matter - Alcohol Server Training and Policies

Saturday, July 19th, 2008

Size Really Does Matter

Alcohol Service Training and Policies

All too often I see responsible beverage policies that focus on the number of drinks a customer has consumed and ignore the amount of alcohol that is consumed. The latter is a dire mistake in the industry’s quest to serve alcohol responsibly.

Management intervention or approval for continuation of service after a certain number of drinks (usually 2) is a prudent policy. However, a responsible operator also will consider the varying amounts of alcohol that might be contained in different drinks.

The best examples that come to mind are the Long Island Iced Tea and the Martini.  I am sure my good friend and beverage guru, Robert Plotkin, BarMedia, could add several to the list. Each of these include multiple shots (let’s say ounces) of alcohol.  And often, even though the recipe calls for no more than an ounce and a half or two ounces total, a customer-oriented bartender working primarily for tips will over pour to make sure the designated glass is full. In the LIIT example, the ice helps so the over pour is not as exaggerated, but in the Martini…holy moly, I am seeing 10 oz martini glasses as the norm.

The History of the Martini

Before we do the math, let’s have a little historical perspective on the Martini.  According to Mr. Plotkin, when martinis (and other cocktails) first came on the scene, the most common glass size was three to four ounces, with one and a half to two ounces of spirits. There were good reasons then (and now) for that size of glass: First a larger drink, taking longer to consume, gets warm as time passes.  Second, again as time passes, the ingredients break down, or if the drink is on the rocks, the melting ice dilutes the recipe over time. Both reasons focused on flavor and the customer experience. And, of course, it was much more responsible.

To this day, most martini recipes still call for the same amount of spirits, one and a half to two ounces.  Yet, due to the large glass sizes used today and the service zealousness of tip-driven bartenders most martinis (served straight up) end up with 6 to 7 ounces and sometimes even 8 to 9 ounces of spirits in the glass. And this is conservative for a ten-ounce glass, as the allowance for a liquid ounce from the ice dilution on the shake (which is supposed to last at least 30 seconds but only lasts 5 seconds, except in the most professional of joints) or stir and the waving of the vermouth over the glass is very generous.

The Math

So now let’s do the math.

Let’s assume a 10-ounce, cone-shaped martini glass with 1 ounce of liquid from the ice dilution on the shake.  Let’s also assume that the glass was served close to the brim.  That leaves us with 9 ounces of spirits.

Assuming an ounce-and-a-quarter pouring standard for our usual highballs, we have just served the equivalent of a little more than 7 highballs to one customer.

If you asked reasonable and prudent operators today, I think they would tell you that 7 “usual cocktails,” even over a stretch of time, is too many to serve.  And here we are serving a customer all 7 cocktails at once, then another.  And only after we have served them over 14 ounces of spirits does our two-drink policy require management involvement. I hope you see the problem.  And it is one that leads to too many instances of over consumption and injuries.

I am a big believer in self responsibility, but I have found very few consumers who know how much alcohol is actually in a martini.  Actually, I know very few industry people that have ever done the math and most are surprised when they do, probably like several of you right now.

What Can We Do?  The Solution

So now that we know what the problem is, what do we do?

We stop. It’s that simple. This is an indefensible practice.

I challenge the entire beverage industry to stop serving immediately all drinks that contain more than two ounces of spirits; to hold bartenders accountable to recipe amounts; and to amend polices to include the amount of alcohol (not just the number of drinks) as criteria for management involvement in the service equation.

If you stop and think, it is also the best practice economically. One drink at $9 or two or three drinks at $6 each, and the risk of someone getting injured drops dramatically and the risk of your business getting sued drops right along with it….hmmmmmm

The last two alcohol-related lawsuits in which I was involved both resulted in deaths of innocent people caused by people driving that were 2 to 3 times over the legal threshold for intoxication at the time of the accident. Both were also in total disbelief that their BAC (blood alcohol count) was so high because they only had TWO DRINKS.  But they each had two martinis served in large glasses.  They never did the math…until they started counting the potential years in prison for involuntary manslaughter. The establishments didn’t do the math either.  But they got a quick lesson in math, as well, when they and their insurance carrier had to pay wrongful death damages.

And no amount of counting is going to bring the victims back to life from those accidents.  But by starting to count and to be accountable, now maybe we can prevent a life from being cut short in the future.

Let’s focus on quality, not quantity.

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HospitalityLawyer Hospitality Law: Barth’s NonSmoking Challenge to Industry Gains Momentum - More and More Businesses Realize Benefits of Going Non-Smoking Everyday

Monday, April 28th, 2008

Read Barth’s NonSmoking Challenge to the Industry

Beijing announced on Friday that it would ban smoking in time for the Olympics.  The ban would cover most public buildings.  According to the USAToday article, “restaurants, bars, and hotels can still allow smoking but must provide smoke-free areas or rooms.”  In a city where “23% of those above age 15 smoke,” one restaurant preempted the ban and went smoke free last week.  The restaurateur already reports improved business and customer satisfaction.

Mexico City also has recently banned smoking in all public areas.  Read the blog post here.

Sheraton Hotels recently announced a smoke-free policy.

Choice Hotels’ Comfort Suites brand is also 100% smoke free.

Atlantic City recently closed a loophole in its state’s smoking ban, which allowed smoking in gambling halls.  According to the Associated Press article, casino employees supported the initiative, wearing T-shirts with the slogan “Nobody deserves to work in an ashtray” emblazoned across the front.

Isn’t it time your business supported a smoke-free policy as well?

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