http://www.restaurantlawyerblog.com Mark B. Stumer & Associates Fri, 03 Feb 2012 19:41:53 +0000 http://backend.userland.com/rss092 en Under the New York State Wage Theft Prevention Act, effective February 1, 2012, New York employers are now required to give annual notice to their employees of wage information, including: •His or her regular rate(s) of pay and overtime rates of pay (if applicable); •The basis of the employee’s wage rate (i.e. ... http://www.restaurantlawyerblog.com/2012/02/02/new-york-wage-theft-prevention-act-is-now-in-effect-what-this-means-to-your-restaurant/ They both afford the owner(s) the advantage of limited liability and are both pass through entities for tax purposes (i.e. The entities both declare their profits and losses on the individual owner’s tax returns without the need for the entity to pay a separate tax for such income). Given the ... http://www.restaurantlawyerblog.com/2012/02/02/choosing-the-restaurant-entity-should-i-form-an-llc-or-s-corporation/ GENERAL RULE: Yes. Bars, restaurants and other eating and drinking establishments with a lawful occupancy of less than 75 persons are regulated by the Fire Code as a “public gathering place” and do require an open flame permit for candles and sternos, amongst other combustible things. The regulations governing the use of open ... http://www.restaurantlawyerblog.com/2012/02/02/open-flame-permits-is-it-really-required-for-my-small-ny-restaurant/ The Equal Employment Opportunity Commission ("EEOC") has targeted the restaurant industry as the “single largest” source of sexual harassment claims. With all the media attention on the subject lately, the number of sexual harassment cases filed each year against restaurants and their owners are escalating at an all too rapid ... http://www.restaurantlawyerblog.com/2011/11/15/sexual-harassment-in-the-restaurant-industry/ MUNICIPAL NOTIFICATION CHANGES ‐ Effective immediately there are major changes in the 30 day advance municipal notification requirements. Some changes affect the entire state, others affect licensees in New York City and still others affect licensees outside of the five boroughs of New York City. Here is a breakdown of ... http://www.restaurantlawyerblog.com/2011/11/08/new-york-state-liquor-authority-change-of-shareholders-now-must-go-in-front-of-community-board/ In anticipation of their upcoming IPO, Groupon requested a declaratory judgment from the New York State Liquor Authority (NYSLA) regarding whether there was any violation involved with having Groupon offer 50% off of alcoholic beverages at various establishments in New York. After much deliberation, the NYSLA ruled that the 50% off ... http://www.restaurantlawyerblog.com/2011/11/08/groupon-and-the-new-york-state-liquor-authority/ The New York City Health Department requires that restaurants publicly post A, B, or C letter grade cards that summarize their sanitary inspection scores.  Not posting a grade card – or posting it incorrectly – is a serious violation that may result in large fines or loss of your permit. ... http://www.restaurantlawyerblog.com/2011/06/20/nyc-department-of-health-letter-grade-requirements/ Restaurant owners and chefs often conflict with regards to who owns the copyright to the recipes created by the Chef for the dishes served at the restaurant. This conflict occurs so frequently because the answer requires inquiry into a number of factors in order to make a proper determination ownership. Recipes ... http://www.restaurantlawyerblog.com/2011/03/30/copyright-and-restaurant-recipes/ Since the effective date of the new New York state wage regulations in January of 2011, the rules regarding tip sharing in restaurants and hotels have been the subject of much confusion. This article sets out to clarify the new “tip sharing” rules with hopes that you then will not ... http://www.restaurantlawyerblog.com/2011/03/01/tip-sharing-in-new-york-restaurants/ Formerly, a convicted felon could not be employed in a New York State Liquor Authority licensed premise with first obtaining a Certificate of Relief from Disabilities.  Obtaining that Certificate was often a difficult, expensive and time intensive task.  In 2010, the New York State Liquor Authority eased the restriction as follows:     a. ... http://www.restaurantlawyerblog.com/2011/01/28/new-law-convicted-felons-may-work-for-specified-on%e2%80%90premises-licensees/