Florida Restaurant Law

Chow v. Chau/Chow - Battle for World Domination!!

2012-01-21T08:18:00.000-08:00

It’s the food fight of the century for all the egg rolls. Chow v. Chow. Teacher versus student. Legend against upstart. And it all goes down in a Miami federal courtroom beginning Monday, when a jury must grapple with this fundamental question: What’s in a name?Among the potential witnesses: none other than former Miami Heat cornerstone Alonzo Mourning. In one corner — Michael Chow, aka “Mr

Pepsi Beverages pays $3.1M in racial bias case

2012-01-11T13:47:00.000-08:00

WASHINGTON (AP) — Pepsi Beverages Co. will pay $3.1 million to settle federal charges of race discrimination for using criminal background checks to screen out job applicants — even if they weren't convicted of a crime. The settlement announced Wednesday with the Equal Employment Opportunity Commission is part of a national government crackdown on hiring policies that can hurt blacks and

Rare but Grudging Judicial About-Face in Bias Case

2012-01-06T07:34:00.001-08:00

“It’s a nice Christmas present, isn’t it?” said U. W. Clemon, Alabama’s first black federal judge. Mr. Clemon, who stepped down from the bench in 2009 after three decades of service, was talking about an extraordinary about-face this month from the federal appeals court in Atlanta. He was home with a cold, but he sounded delighted to have played a part in persuading the court that some words

Florida Minimum Wage Increases in 2012

2011-12-28T18:46:00.000-08:00

The new year will ring in a new raise for Florida workers who make minimum wage.Minimum wage will be rising by 36 cents to $7.67 per hour starting Jan.1. It’s about a five-percent increase.The increase will be approximately $14.40 to the paychecks of workers who put in 40 hours per week or about $750 extra a year. About 250,000 workers in Florida earn the minimum wage, mostly at restaurants,

Restaurant Forced to Pay Server $127,000 For Unpaid Wages

2011-12-04T17:24:00.000-08:00

In Lanzetta v. Florio’s Enterprises, Judge Denny Chin awarded $127,938.21 in back wages and damages to Carmella Lanzetta, a former waitress at Florio’s Restaurant in Little Italy. During her four years at Florio’s, and in violation of both state and federal wage and hour laws, Florio’s compensated Lanzetta only with tips, never paying her an hourly wage and failing to pay her for overtime. For

ABUSIVE BOSS CAN EFFECT YOUR HEALTH AND FAMILY

2011-12-04T06:45:00.000-08:00

FRIDAY, Dec. 2 (HealthDay News) -- Having an abusive boss can do more than ruin your workday, it can also harm your family life, new research suggests. The study, published online and in the winter issue of the journal Personnel Psychology, included 280 full-time employees and their partners who completed online surveys. The Baylor University researchers found that the stress and tension an

Florida Minimum Wage to Increase January 1, 2012

2011-10-17T13:21:00.000-07:00

Florida's minimum wage is going up 36 cents to $7.67 an hour on Jan. 1 to reflect a higher cost of living, announced the state's Department of Economic Opportunity. The Sunshine State's minimum wage is now at $7.31 an hour. It was raised six cents in June from the federal minimum wage of $7.25 after a judge ruled it should reflect a higher cost of living in the state to comply with a

Texas Roadhouse Restaurants Accused of Age Discrimination - Not HIring Over 40 Employees For FOH Positionss

2011-10-04T09:23:00.000-07:00

The U.S. Equal Opportunity Commission has filed suit against the Texas Roadhouse restaurant chain in the U.S. District Court in Boston, claiming the restaurant discriminates against workers over 40 when hiring “front of the house” staff that interacts with the public. “Applicants rarely know that they have been denied a job because of their age,” said Mark Penzel, senior trial attorney in the

Adulterated Food: Hindus Sue

2011-07-19T14:17:00.000-07:00

A New Jersey restaurant that served meat to a group of vegetarian Hindus may have to pick up the tab for their trip to India for a cleansing ritual, a court panel ruled. The three-judge panel reinstated a lawsuit filed against Moghul Express, an Indian restaurant in Edison that admitted serving meat-filled pastries to 16 Hindus, the New Jersey Star-Ledger reported. The group's religion bars

Florida Republicans and Governor Rick Scott Stick It To The Working Persons Again

2011-06-27T19:41:00.000-07:00

Gov. Rick Scott on Monday signed into law legislation that reduces unemployment benefits in the state when the jobless rate falls to 5 percent or lower. The new law also makes it more difficult for unemployed residents to qualify for unemployment benefits, denying them for misconduct such as chronic absenteeism or violation of an employer’s rules -- even outside of work. Republicans in both

Restaurant Chain Using Tip Sharing To Curb Payroll Costs

2011-06-27T18:59:00.000-07:00

With the Great Recession pinching profits, restaurant chains both big and small are searching for every way possible to trim costs and boost profits. Wait staff tips have become one target of such efforts. While most patrons, it seems safe to assume, still view tips as a way of rewarding good service, restaurants are increasingly viewing those tips as a way of reducing payroll costs.

Muslim Woman Sues Abercrombie & Fitch Over Hijab

2011-06-27T16:14:00.000-07:00

SAN FRANCISCO (AP) — A former stockroom worker for Abercrombie & Fitch Co. sued the clothing retailer in federal court Monday, saying she was illegally fired after refusing to remove her Muslim headscarf while on the job. Hani Khan said a manager at the company's Hollister Co. store at the Hillsdale Mall in San Mateo hired her while she was wearing her hijab. The manager said it was OK to wear

Florida's New Minimum Wage June 1, 2011

2011-06-01T11:18:00.000-07:00

Florida's new minimum wage is $7.31 an hour, up from $7.25, takes effect on Wednesday. That's the minimum amount employers must pay employees, including domestic workers. The state's minimum wage was increased after a successful Constitutional challenge by the National Employment Law Project and Florida Legal Services. The worker advocacy groups sought to correct an error in the

Facebook Posting Led To Worker's Unfair Firing: Feds

2011-05-26T08:11:00.000-07:00

WASHINGTON -- The National Labor Relations Board (NLRB) announced today that it has filed a complaint alleging that a Chicago-area car dealership wrongfully fired an employee after he posted commentary critical of the company on his Facebook page. The complaint is the latest in a string of moves by the labor board indicating that it wants to clarify workers' rights when it comes to Facebook and

Feds Bust South Beach Club Operators in Sexy ‘B-Girls’ Case

2011-04-06T14:03:00.000-07:00

BY JAY WEAVER jweaver@miamiherald.com Sexy Eastern European women dubbed “B-Girls” seduced touristy businessmen at a half-dozen South Beach nightclubs, generating hundreds of thousands of dollars in fraudulent charges on their credit cards for expensive bottles of champagne and other booze without their knowledge, federal authorities said Wednesday. Early Wednesday, FBI agents arrested 17

Republicans Trying To Cut Unemployment Benefits In Florida

2011-02-26T15:31:00.000-08:00

Florida HB 7005 again won support, this time in the Economic Affairs Committee on Friday morning. The vote was 12 to 5, with Republicans in the majority. Democratic challenges and amendments, primarily from representatives from South Florida and Orlando, failed as the Republican-controlled committee voted to advance the bill. Rep. Doug Holder, R-Sarasota, succeeded also with an amendment

Age Discrimination is Getting "Old"

2011-02-17T21:06:00.000-08:00

Age discrimination is a growing problem in the hospitality and restaurant business throughout Florida and the U.S. If you’re a male bartender over forty (40) your chance of getting a job started decreasing as soon as you turned thirty, or maybe even before if you were applying on South Beach. If you are a woman over forty (40) your chances of moving up or even staying at the same level is getting

Are Tip Pools Legal In Florida?

2011-01-06T08:17:00.000-08:00

I worked in the service industry for over 25 years before I went to law school to become “a server with a law degree.” During my 25 years I only worked in a tip pool very seldom, and I can tell you I always disliked it (Adel and Sharif). I firmly believe that tip pools are akin to communism; easy for the government/management to regulate but it strangles individual who strives to make more. That

New Restaurant Tip And Wage Laws In New York

2011-01-03T09:14:00.000-08:00

Rosemarie Ingleton left a $110.40 tip on a $552 check at Indochine on Wednesday night, after making an ineffable calculation based on ambiance, food and, of course, service. But she did not give a lot of thought to how it would be distributed among the staff. “At a place like Indochine, where there are so many people attending to you, my assumption is that they’re sharing the tip at the end of

David Stern Sued For Employment Law Violations

2010-12-01T09:31:00.000-08:00

PLANTATION -- Four former employees of the Law Firm of David J. Stern and its' related foreclosure processing company -- DJSP Enterprises, have filed a federal lawsuit claiming they were not given proper notice before being fired. The employees allege Stern violated the Worker Adjustment and Retraining Notification Act, or WARN, which mandates that employers give employees 60 days notice before

Age and Sex Discrimination In South Florida

2010-11-28T17:21:00.000-08:00

Age and sex discrimination in the hospitality and restaurant business is a daily occurrence for many over forty male and female job seekers. It is not uncommon to see Craiglist job postings in the “food / bev / hosp” section looking for “Female” – Bartenders, Hostesses or Bottle Servers. Many times the ads are accompanied by a request for a “recent picture.” Sure I get the idea that young females

Working While Your Sick; A Way Of Life For Hospitality Employees

2010-09-30T20:50:00.000-07:00

A Chicago restaurant worker recalls a time he was sick but felt he had to work or else be fired: "It was an incredibly busy weekend," he said, "at one point, one of my fellow workers sat me down because I was about to faint. The smell of grease and a long shift had taken their toll. I spent the next five days vomiting, expectorating phlegm and drinking a lot of orange juice. I had to force my

Family Medical Leave Act (FMLA) and The Americans with Disabilities Act (ADA)

2010-09-06T20:09:00.000-07:00

What is considered a serious health condition? Not a cold or the flu. It has to be illness, injury, impairment, or physical or mental condition that involves care at a hospital or other medical office. You also have to be unable to attend work or perform regular daily activities, or be receiving continuing treatment for a chronic or serious condition from a health provider. Am I protected by

Walkouts – Who Is Responsible For Paying The Check?

2010-09-05T14:07:00.000-07:00

Walkouts – Who Is Responsible For Paying The Check? Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal? Certainly not. Walkouts are a part of doing business for restaurant owners

Pyrotechnic Bartender Gets November Court Date - "No One Got Hurt"

2010-08-26T08:24:00.000-07:00

I only lit the drink on fire - not the bar. "There is no requirement against flaming drinks," insists Albert Trummer, who has been charged with reckless endangerment for his pyrotechnic antics inside a posh Chinatown lounge called Apotheke. Fire code officials say Trummer poured a liquid on the bar and ignited a five-foot flame back in June as 50 patrons stood nearby in the curtain-draped lounge

Sex Discrimination On Craigslist - Illegal Job Postings

2010-08-20T22:04:00.000-07:00

It has come to my attention that there have been many “gender specific” employment want ads on Craigslist lately. Generally speaking, “gender specific” or sex discrimination ads are a violation of both Florida’s Civil Rights Act and Federal Title VII of the Civil Rights Act of 1964. The only rare exception is the bona fide occupational exception listed at 29 CFR 1604.2 which states in part that:

Congress Extends Unemployment Benefits For Jobless.

2010-07-22T12:01:00.000-07:00

WASHINGTON – Congress has approved legislation to restore unemployment benefits to people who have been out of work for six months or more, ending a seven-week interruption that caused 2 1/2 million people to lose unemployment benefits averaging about $300 a week. The 272-152 House vote Thursday will send the measure to President Barack Obama, who has promised to quickly sign it. The House vote

Miami Dade Wage Theft Ordinance

2010-06-07T12:38:00.000-07:00

Miami-Dade commissioners tackle wage theftKudos to Miami-Dade County for acting on behalf of low-wage workers by requiring companies to do the right thing and pay within two weeks of workers doing a job. The issue of wage theft has many dimensions, including employers who pay less than minimum wage such as restaurants and clubs, do not pay earned overtime wages, renege on contractual

The Law Firm of Lowell J. Kuvin and Morgan & Morgan File Suit Against NOBU Restaurant in South Beach

2010-05-29T17:44:00.000-07:00

The law firm of Lowell J. Kuvin and Morgan & Morgan have filed suit in federal court against NOBU restaurant located in South Beach. The complaint alleges two violation of the Fair Labor Standards Act (“FLSA”) in that NOBU did not properly pay its servers overtime and it allowed managers and kitchen staff to participate in the tip pool. The restaurant has yet to file a response to the claims

Tampa Restaurant Review - Seasons 52

2010-04-25T18:29:00.000-07:00

Tampa Restaurant Review - Seasons 52 My wife and I had a fantastic lunch today at Seasons 52 a trendy restaurant that serves seasonally inspired dishes that are healthy and delicious. Our server, Haley, was very pleasant and knowledgeable about every aspect of their menu. She was attentive without being overbearing and has a great sense of humor. However, being the employment and labor lawyer

Muslim woman denied job at Detroit McDonald's files complaint

2010-04-18T12:49:00.000-07:00

DETROIT ( April 15, 2010 ) A Muslim woman from Troy filed a bias complaint today, saying she was denied a job at a McDonald's restaurant in Rochester Hills because of her religion and ethnicity. A McDonald's official said their restaurant chain does not discriminate and has accommodated religious headwear for years. Nasihah Barlaskar, 19, wears an Islamic head scarf known as a hijab. She

Workers strike over ban on drinking at work

2010-04-09T19:21:00.000-07:00

(Reuters) - A few hundred warehouse workers and drivers at Danish brewer Carlsberg halted work for a second day on Thursday to protest a company decision to limit beer drinking at work to lunch breaks. The strike in Denmark followed the company's April 1 decision to introduce new rules for employees on beer drinking at work, said Jens Bekke, spokesman at the world no.4 brewer. "There has been

Going on Spring Break and Getting Arrested; Should Have Stayed At Home.

2010-04-03T09:52:00.000-07:00

Division of Alcoholic Beverages and Tobacco Arrests 1,092 Underage Drinkers this Spring BreakMarch 30, 2010 TALLAHASSEE—Agents with the Florida Division of Alcoholic Beverages

Miami-Dade Has New Wage Theft Ordinance

2010-03-27T15:30:00.000-07:00

Miami-Dade has become the first county in the nation to adopt a countywide wage theft law, and hopefully it will not be the last. The Ordinance, which became effective on March 1, 2010, applies to private sector employees and employers, prohibits wage theft, and provides administrative procedures and private causes of action. An employer found to be in violation of the wage theft Ordinance will

L.A. eatery charged with serving whale meat closes

2010-03-20T12:27:00.000-07:00

LOS ANGELES (Reuters) – A Los Angeles-area sushi restaurant that made international headlines after it was charged with serving endangered whale meat will close forever as a "self-imposed punishment," according to a statement on its website. The parent company of the The Hump, a popular Santa Monica restaurant, and sushi chef Kiyoshiro Yamamoto were charged on March 11 with violating the Marine

Again: Hooters Workers File Class Action Over Tips, Uniforms

2010-03-19T10:04:00.000-07:00

Five current and former Hooters workers filed suit Tuesday in Sacramento County Superior Court on behalf of a proposed class of nonmanager employees in five Central Valley franchises.The complaint claims the restaurant chain workers were improperly forced to share tips with managers and to buy their own uniforms, among other alleged wage-and-hour violations. The workers are represented by

Worlds Most Expensice Cognac?

2010-03-13T09:25:00.000-08:00

The Rémy Martin Louis XIII Black Pearl Cognac is an exclusive limited edition of their highly regarded Louis XIII Cognac. The Louis XIII Black Pearl Cognac is made using a combination of over a thousand eaux-de-vie which have been aged between forty and one hundred years each. The decanter is made by Baccarat and is made of crystal which has a blackish silver hue to it giving the effect of a

Fla. Tops List Of Hot Spots For New FLSA Suits

2010-03-09T20:17:00.000-08:00

The number of new Fair Labor Standards Act filings in New York and Texas rose in 2009, but neither state came close to rivaling the volume of new FLSA cases in Florida. Law360 ranked the five busiest federal courts for wage-and-hour litigation and found the Sunshine State to be a hotbed of plaintiffs bar activity. The U.S. District Court for the Southern District of Florida saw 1,252 new FLSA

Do I Have The Right To Know Where My Tips Go?

2010-03-06T11:11:00.000-08:00

Do I Have The Right To Know Where My Tips Go? Many hospitality workers rely on tips as their main source of income and restaurants make up the bulk of the employers who hire them. The Fair Labor Standards Act (“FLSA”) allows an employer to pay its employees a reduced hourly wage if they make enough in tips to bring them to the level of minimum wage. The maximum amount of “tip credit” an employer

Undocumented Workers May Sue Using The FLSA

2010-02-07T19:52:00.000-08:00

A federal district judge in Miami has ruled that undocumented aliens working in this country have the same right to file court claims for overtime compensation and liquidated damages under the Fair Labor Standards Act (FLSA) as workers who are in this country legally. Galdames, et al. v. N & D Investment Corp., No. 08-cv-20472-MGC, 21 Fla. L. Weekly Fed. D529a (S.D. Fla. 2008). Rejecting an

Sushi Chefs CAN Participate in Tip Pools

2010-01-26T11:42:00.000-08:00

The DOL found that itamae-sushi chefs and teppanyaki chefs were tipped employees under the FLSA, eligible to participate in employer-mandated tip pools. Section 3(t) of the FLSA defines tipped employees as “any employee engaged in an occupation in which he/she customarily and regularly receives more than $30 a month in tips.” 29 U.S.C. § 203(t). Section 3(m) allows tip-pooling among employees

Tavern On The Green To Close

2010-01-02T19:46:00.001-08:00

NY's Tavern on the Green's $38 Million a Year Was Not Enough From: Associated Press By: Verena Dobnik NEW YORK ( Dec. 31, 2009 ) Tavern on the Green, once America's highest-grossing restaurant, is singing its culinary swan song. The former sheepfold at the edge of Central Park, now ringed by twinkling lights and fake topiary animals, is preparing for New Year's Eve, when it will serve

OSI Restaurants settles suit for $19M

2010-01-02T19:13:00.000-08:00

OSI Restaurants settles suit for $19M TAMPA, Fla. (Dec. 30, 2009) Outback Steakhouse parent company OSI Restaurant Partners LLC has agreed to pay $19 million to settle a class-action lawsuit filed by women claiming that corporate promotions were tainted by sex discrimination. The Tampa-based restaurant operator said this week that the consent decree with the U.S. Equal Employment Opportunity

Moosehead Attacks New York Restaurant Patron

2009-12-30T18:25:00.001-08:00

Beware of falling moose! A Manhattan woman has sued a lower East Side restaurant, claiming she was conked in the head by a moosehead that fell off a wall. Raina Kumra, 32, sued White Slab Palace, a Scandinavian-inspired hipster hangout on Delancey St., for an unspecified amount, charging the owners were "grossly careless" in mounting the taxidermy wildlife. "It was the bar's fault," Kumra

Cheesecake Factory Settles EEOC Suit in Case of Severe Same-Sex Sexual Harassment

2009-12-03T15:49:00.000-08:00

Cheesecake Factory Settles EEOC Suit in Case of Severe Same-Sex Sexual Harassment Restaurant Chain Will Pay $345,000 to Six Male Employees Who Agency Alleged Were Repeatedly Sexually Assaulted PHOENIX – Cheesecake Factory, Inc., a nationwide restaurant chain that touts itself as a place to create “lasting memories with family and friends,” will pay $345,000 and furnish other relief to settle a

Mr. Chow Sticks It To Philippe Chow Again; For TEN Million!!

2009-11-25T13:50:00.000-08:00

Really, the insane Chow Wars are the gift that keeps on giving. The latest, via Eater Miami is that Mr. Chow was back in a Miami court today to file an amended complaint against all the Philippe restaurants. The new complaint merges the Florida and California cases and asks to be heard by a single court. Plus, four ex-Mr. Chow chefs have been named as new defendants because—according to the

Lawry's Settles Men's Sex Discrimination Suit for $1,000,000

2009-11-22T06:05:00.000-08:00

Lawry's settles men's sex discrimination suit By ROBERT JABLON (AP) – Nov 2, 2009 LOS ANGELES — The Lawry's restaurant chain agreed Monday to pay more than $1 million to settle a federal lawsuit that claimed it barred men from waiting tables at its high-end steakhouses. The U.S. Equal Employment Opportunity Commission filed a final consent decree Monday in federal court. A judge must still

Foodie Rant - Properly Sauced? Try Properly Ripped Off.

2009-11-22T05:58:00.000-08:00

As every good foodie knows, each new and exciting trend produces plenty of stale, unexciting hangers-on. Exposure quickly dampens our enthusiasm, but even lasting trends are hurt by the legions of high-priced, low-quality imitators. I've seen this happen with cupcakes, creme brulee, bacon, boutique pizza - and now it's happening with cocktails. Recently, I've been ripped off by a lot of bad

Waitresses at Hooters file suit for having to buy skimpy, sexy outfits with own money

2009-10-29T19:36:00.000-07:00

It costs Hooters girls less than $20 to get sexy - but it may end up costing the tacky restaurant chain a lot more. Two waitresses filed a class-action suit on Thursday in Brooklyn Federal Court charging that Hooters failed to reimburse them for buying and cleaning the barely there uniforms with the company logo. Gina Rosati of Copiague, L.I., and Amy Fredericks of Bayside, Queens, said they

YOU SAY ITS KOBE BUT IT'S NOT!!!

2009-10-14T14:48:00.000-07:00

Prime One Twelve is one of the finest restaurants on South Beach. Gleaming wooden plank floors, exposed brick columns, and creamy white leather-upholstered chairs set the stage for a menu listing three items that, to devotees of fine food, might seem inexpensive: $25 "Kobe beef sliders," a $25 "Kobe beef hot dog," and for those with an appetite, a $30 "one-pound Kobe hamburger." The problem is

$4500 Tip on a Desert? Nice Check!!!

2009-09-21T15:20:00.000-07:00

Guinness' Stacey Cusack tries the 'Frrrrozen Haute Chocolate' at Serendipity 3 restaurant (225 East 60th Street) where the Guinness World Records awarded the record for World's Most Expensive Dessert to the $25,000 dish. The dessert is a blend of 28 cocoas and is infused with 5 grams of edible 23K gold. It is served in a bowl with a 1 carat diamond bracelet around it, and a Gold and diamond spoon

Uniforms For Tipped Employees; What is the Law?

2009-09-10T11:10:00.000-07:00

It has long been industry practice for employers, including many in the hospitality industry, to require workers to wear clothing of a particular kind or appearance. What many do not realize is that this practice can have significant ramifications under the federal Fair Labor Standards Act. If your clothing policy violates the FLSA, "everybody does it" will not be a defense. A new U.S. Labor

Restaurant Policies Punish Tipped Employees

2009-08-29T11:48:00.000-07:00

Things have been getting busy around the office. With the downturn in the economy, it seems that many restaurant owners and managers are looking for a way to lower costs and bump up profits. Unfortunately, it seems that wait staff and other tipped employees are the first to suffer.My first thought on this trend is for restaurant management to understand that your most important employees are the

Snapper on your plate may be an impostor

2009-08-24T17:28:00.000-07:00

Genetics professor Mahmood Shivji didn't get into DNA research to strike fear in the hearts of restaurant owners and chefs.But the Guy Harvey Research Institute, which he heads, is a virtual CSI: Seafood lab these days. The widespread -- and illegal -- practice of fish substitution at restaurants has placed Shivji's marine life genetics expertise in high demand.In the last two years, Shivji has

Mr. Chow v. Philippe Miami

2009-08-21T10:41:00.000-07:00

In a case of spied rice, Mr. Chow says rival restaurateur Philippe Chow's staff sneaked into the kitchen of his new Miami outpost in order to steal trade secrets.Michael Chow, who started the Mr. Chow chain more than three decades ago, yesterday amended his recent trademark infringement lawsuit against his former employee, Philippe, to include charges of "corporate espionage."The incident, which

Economy takes a bite out of tips for wait staff

2009-08-08T07:42:00.000-07:00

Struggling restaurant servers are eager for a turnaround, and more tipsFridays are slow for Jason Jakway, a bartender at Chili's at Bayside. Jakway, who has worked at the restaurant for more than two years said his income has taken a major hit from the economic slump.He's not alone. When business is good, servers often make more than half their income in tips. But when consumers tighten their

Johnny Depp Leaves $4K Tip For Chicago Waiter

2009-06-24T17:17:00.000-07:00

Johnny Depp Leaves $4K Tip For Chicago WaiterJohnny Depp has previously said that money isn't the key to happiness.But during a visit to a Chicago restaurant, the star certainly brought joy to one unsuspecting waiter with a reported sizable tip.Depp, his "Public Enemies" co-star Marion Cotillard, director Michael Mann, along with about a dozen other folks -- who were in Chicago last week for the

Shaken & Stirred History and Mystery: The Bartender Smiles

2009-06-22T19:25:00.000-07:00

Shaken & StirredHistory and Mystery: The Bartender SmilesArticle Tools Sponsored ByBy JONATHAN MILESPublished: June 19, 2009MY bartender looked pleased. It was a late afternoon last week, in Charleston, S.C., where I’d been wandering downtown on King Street in a sunlit daze and working up a formidable thirst.Skip to next paragraphEnlarge This ImageHiroko Masuike for The New York TimesMORE GARNISH

CLUB GABYS SUED BY EEOC FOR AGE BIAS

2009-06-01T22:01:00.000-07:00

MIAMI - A restaurant, lounge, night club and liquor store in Pembroke Pines, Fla., violated federal law when it discriminated against older employees, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.According to the EEOC's suit against Club Gabys, Edith Cruse and several other employees over 40 were subjected to a hostile work environment and

The Red Zone Cafe and Sports Theater Lawsuit

2009-06-01T21:22:00.000-07:00

I hear that there has been some no good going on at the The Red Zone Café & Sports Theater. If you have been discriminated against by your employer or they have not paid you the proper wage for your hourly work, contact my law office. Law Office of Lowell J. Kuvin22 N.E. 1st Street Suite 201Miami Florida 33132Tel: 305.358.6800fax: 305.358.6808Or email me at lowell@kuvinlaw.comWe are always

Florida Age Discrimination - Death Before Your Dead

2009-04-26T09:07:00.000-07:00

Age Discrimination - An Insidious Epidemic Those of us who practice in the field of employment law have been faced with the realization that, although our work-life expectancy has increased, the age at which we are considered expendable and no longer capable of making a meaningful contribution has been systematically reduced. The inevitable result is that older workers are “forced out” of their

Bogus waiter tricks customers at 2 NJ restaurants

2009-04-18T19:21:00.000-07:00

Bogus waiter tricks customers at 2 NJ restaurantsSat Apr 18, 1:55 pm ETHOBOKEN, N.J. – Police say a man posing as a waiter collected $186 in cash from diners at two restaurants in New Jersey and walked out with the money in his pocket.Diners described the bogus waiter as a spikey-haired 20-something wearing a dark blue or black button-down shirt, yellow tie and khaki pants.Police say he

Unpaid Wages in Florida

2009-03-24T11:02:00.000-07:00

If you worked at an establishment and you were not paid for some of your time you can send a letter of demand to the employer asking for your past due wages. This is different than not being paid the correct hourly or overtime rate. Many times employees help to open a restaurant by doing extra work such as cleaning or painting and are promised a day wage and then are not paid.There are two

Worker Adjustment Retraining Notification Act

2009-03-17T12:19:00.000-07:00

The end came abruptly for Sterling Casino cruise ship employees.One evening last July they were steaming out to sea with 800 gamblers on board, and the next morning their jobs were gone. Sterling ceased operations at Port Canaveral and gave workers no notice.The closure might have violated a long-standing but little-known federal law designed to protect workers in the event of major layoffs.

Question & Answer

2009-03-16T22:13:00.000-07:00

Question;Dear Mr. Kuvin,As I said before each server automatically has 6% of their sales taken out for tip share. On an average night this can be anywhere from $25-50 per server with about 7-10 servers working. Based on discussions with the service bartender... the bartender, busboy, and food runner are each given $60-$80 per night, depending on if it is a week day or week end. This means that

Federal Case Law on Tip Pools

2009-03-14T22:50:00.000-07:00

I have made available a recent Federal Court FLSA case called JOHN WAJCMAN vs.PALM BEACH KENNEL CLUB. This case explains, in legal terms, many of the tip issues that restaurant workers ask me daily. Who may participate in a tip pool, what kind of damages can I recover, and can the management participate in the tip pool and take some of our hard earned money for themselves?If you have any

Craigslist and Discrimination

2009-03-13T19:54:00.000-07:00

It seems that whenever I post "Hospitality Lawyer" information on Craigslist my post gets taken off the server. I can only guess that restaurant owners and managers are the persons flagging me. I wonder why that is?For everyone that finds their way here. Please read through my posts and ask any questions you like. If you think you have been discriminated against please email me the details and we

Federal job discrimination complaints hit record

2009-03-11T20:31:00.000-07:00

WASHINGTON – A record number of workers filed federal job discrimination complaints last year, with claims of unfair treatment by older employees seeing the largest increase.The Equal Employment Opportunity Commission said Wednesday it received more than 95,000 discrimination claims during the 2008 fiscal year, a 15 percent increase over the previous year.Charges of age discrimination jumped by

Top UK restaurant closed as 400 diners taken ill

2009-03-06T19:33:00.000-08:00

LONDON (Reuters Life!) – British health officials said on Friday they were investigating 400 potential cases of food poisoning linked to top-rated Fat Duck restaurant, run by celebrity chef Heston Blumenthal.The award-winning restaurant in Bray, Berkshire, is known for its chemistry-inspired dishes such as bacon and egg ice cream and snail porridge, with many courses frozen in liquid

Calamari's Italian Seafood

2009-02-28T18:55:00.000-08:00

The name of the new Coconut Grove restaurant that I at first said was Carpaccio In the Grove is now Calamari's Italian Seafood. I have confirmed it is going to open soon, however, I do not have an exact date yet. When I do have one I will list it here. As I said before, Tommy Bilante is a great restaurateur and if I was still in the restaurant business I would be asking for a management job at

New Great Restaurant Opening in Coconut Grove!

2009-02-26T17:40:00.000-08:00

For all of you job seekers out there and for those of you who think it is time to move out and up to a new better job, there is a new great restaurant opening in Coconut Grove. The prospective name of the new place is Carpaccio Grove. I have worked for Tommy Bilante in three of his many restaurants and let me tell you, this guy knows what he is doing. Some of his more famous places are Carpaccio

Florida Restaurant Law Website Debuts

2009-02-24T22:12:00.001-08:00

I went ahead and uploaded the Florida Restaurant law website. On the website you will find many answers to many everyday questions. Two large areas of the law that I have covered are the Fair Labor and Standards Act ("FLSA") and the Equal Employment Opportunity Commission ("EEOC").I plan on refining the website over the next few weeks. Any suggestions will be gladly appreciated.

No Kissing?

2009-02-23T10:21:00.001-08:00

No kissing, please, we're British5 days agoWARRINGTON, England (AFP) — A British train station has erected a no kissing sign to stop lovers going full steam ahead with their over-amorous farewells.Commuters have been told: if you want to get up to that kind of business, do it in the car park.The sign has gone up at the drop-off point at Warrington Bank Quay station in the town of Warrington,

Travel to Greece at Anise Taverna

2009-02-19T12:35:00.000-08:00

One of my favorite restaurants was written up (the good kind) in the Miami Herald today!!Simplicity rules at the third incarnation of Ouzo, a Normandy Isle darling that was done in by road construction after it relocated to South Beach. Now called Anise Waterfront Taverna, the Greek restaurant resembles a Mykonos hangout. Part a curtain of translucent capiz shells and take a seat at a rustic wood

Romance At Work

2009-02-13T11:48:00.000-08:00

'Love contracts' help employers avoid the pitfalls of romances at workWhen love blooms at work, “love contracts” may follow.Dating often begins with hearts and flowers and Valentine’s Day cards, but it’s been known to end with harassment, retaliation claims and jury trials.To protect themselves against lawsuits, some employers have begun asking co-workers to sign written confirmations that they

Grouper, Catfish; What Am I Eating Here?

2009-02-10T14:35:00.000-08:00

You ordered grouper ...... but what ends up on your plate might be catfish or another whitefish mislabeled by unscrupulous businesses.Buy it whole if you can: Billy Cissel, owner of Billy's Boat House Grill, starts by buying an 18-pound Grey grouper for $92 from a seafood distributor in Mayport. Buying a whole fish is the most foolproof way of getting grouper. Grey grouper is the kind fisherman

Human Resouces at Carnival Cruise Lines Says "NO!"

2009-02-09T15:52:00.000-08:00

I have a new client who use to work for Carnival Cruise Lines in Miami. He was was recently let go. In order to evaluate his claim of wrongful termination I needed to see his employment contract with Carnival.Not a problem right? Just call over to Carnival human resources and get a copy of it from his personal file. Not happening.I was informed, as was my client, that you get one copy of the

Hooters Gets Sued Again!

2009-02-09T10:30:00.000-08:00

Hate to say I told you so, but they had it coming. When will they learn that discrimination is unlawful?Man sues Hooters, claims gender discriminationSuite challenges policy of female-only serversCORPUS CHRISTI — A Corpus Christi man is suing Hooters, accusing the restaurant chain of gender discrimination for not hiring him as a food server in a filing that attempts to reopen an issue that was

NOBU Settles Suit for $2.5 Million

2009-02-05T12:08:00.000-08:00

Upscale eatery Nobu to pay workers $2.5M in tips suitNEW YORK - An international upscale restaurant group partly owned by actor Robert De Niro has agreed to pay $2.5 million to settle a lawsuit over the way it handled worker tips.The New York Post reports that the plaintiffs in a class action suit against the Nobu eateries filed a motion Friday to request final approval of the settlement.The suit

Florida Withholding of Pay or Paycheck

2009-02-04T11:23:00.000-08:00

Withholding of Last Paycheck in Florida There is no requirement in Florida that an employer must tender a final paycheck immediately upon an employee's termination. Generally, after an employee has been terminated, his final paycheck(s) is due on the next regular payday or days.The employer may not hold the final paycheck as "ransom" in an attempt to force the employee to sign a release or other

NYC woman denied job as bikini-clad barmaid sues

2009-01-27T16:46:00.000-08:00

The Associated PressNEW YORK -- A woman who wanted a job as a bikini-clad barmaid at a New York City eatery says managers rejected her because she has a "Latin accent." Melody Morales has sued seeking unspecified damages and saying she applied 15 times for a job at the Hawaiian Tropic Zone restaurant and bar. She says managers always denied there were any openings even though other employees said

We Prefer Females?

2009-01-24T11:05:00.001-08:00

Another Craigslist discriminatory job posting. When will these people get a clue? Discrimination is wrong and should never be tolerated. Remember, tomorrow it could be you that did not get the job because you are the wrong color or gender.Judging by the posters lack of knowledge of "spell check" you would probably have added duties as a copy editor too if you took this position.Taste Bakery

Sexual Orientation and Discrimination In The Workplace

2009-01-21T20:51:00.000-08:00

I have been asked over the last few days whether there is sexual orientation discrimination protection for employees and restaurant workers. The answer is yes and and no. It all depends in which municipality you work in.Miami-Dade County does offer sexual orientation discrimination protection. This means that, in my opinion, an employer can NOT fire an employee because he/she is gay, heterosexual

EEOC & Religious Discrimination at Work

2009-01-16T21:17:00.000-08:00

Understanding the laws against religious discrimination will help operators create a more accepting workplace.Vigilant employers are already on the lookout for age, sexual, and racial discrimination within their stores. According to a report released by the United States’s Equal Employment Opportunity Commission (EEOC), religious discrimination is also becoming a problem at many workplaces.The

What's The Special?

2009-01-14T16:42:00.000-08:00

A very large shark ordered off the menu while out trolling for dinner it seems. He was last seen wearing a gray suit with large pearly whites. When asked why he did not leave a tip he responded that he did not have any pockets in which to carry money. I've heard that one before.

George the lobster gets new lease on life at 140

2009-01-09T16:51:00.000-08:00

George the lobster gets new lease on life at 140NEW YORK -- A new lease on life - at 140? That's what a Manhattan lobster got Friday, when the 20-pound crustacean named George was released from a swanky Park Avenue restaurant's tank. City Crab and Seafood agreed to a request from People for the Ethical Treatment of Animals to let the lobster return to the Atlantic Ocean."We applaud the folks at

Bar-B-Que Beach is Hiring BEWARE!!!

2009-01-09T15:30:00.000-08:00

Bar-B-Que Beach is hiring. However, it seems that they do not pay the bills over there. I have researched the civil case filings for Miami-Dade County and I found no less that four (4) new civil cases filed against the restaurant and the owner, Tim Wilcox, in the last two months.

Waiters and Food Serive Employees Use More Drugs?

2009-01-09T07:51:00.000-08:00

I was researching an issue for one of my cases and I came across information on the U.S. Department of Health and Human Services website that "food preparation workers" and "waiters, waitresses, and bartenders" have the highest rates of illicit drug use amongst U.S. workers.I suspect that the reason for this is because larger corporations and regulatory agencies such as Ford (upper management

BAB-B-QUE BEACH BAR AND RESTAURANT

2009-01-03T15:05:00.000-08:00

I have heard from two former employees that this is not the place to work if you want to make a steady income and be treated nicely.I have also heard stories of bounced paychecks and people being fired on the spot for asking to be paid or to have their paychecks honored.It is awful that this type of restaurant can stay in business by bullying its employees.If you would like to contribute

Illegal Craigslist Job Postings

2008-12-26T20:11:00.000-08:00

Below is an ad I saw on Craigslist today. I wish some male bartender would go by this place and ask to fill out an application. Make sure you get the name of the person who denied you the chance for a job.I tracked the fax number and the bar is called Norman's Tavern, 6770 Collins Avenue,Miami Beach, FL 33141. Call then and let them now how you feel if you like. (305) 868-9248.Call me after you

2008-12-25T17:08:00.001-08:00

Manhattan: Ex-Restaurant Workers SueBy JAMES BARRONPublished: July 10, 2007Jean-Georges Vongerichten has become the latest restaurateur to be accused of stealing waiters’ tips and cheating on wages. The allegations, in a lawsuit filed yesterday in Federal District Court by six former employees, involve the restaurant V Steakhouse in the Time Warner Center at Columbus Circle. V Steakhouse closed

AB&T Stings in South Florida

2008-12-23T12:24:00.001-08:00

I have recently learned that AB&T are running underage drinking stings throughout South Florida. Although this is nothing new, it seems that the “underage” girl that they are using this time looks 25 years old. Most of us have taken the Responsible Vendors class at least once. Some of us, who have made the restaurant business our career, have taken the class so many times we could teach it.

Hooters Issue Never Really Resolved

2008-12-22T17:18:00.000-08:00

Do you all remember the "Hooters Issue" a few years back (1995)? A guy applied for a server position and the restaurant refused to hire him ("its 'Hooters' dude'"). Well, the guy complained to the EEOC and he also got himself a lawyer. Before the case got to trial Hooters settled with him. The issue was never really resolved and Hooters still does not hire men servers.How can that be? There just

Florida Restaurant Law - Welcome

2008-12-21T14:53:00.000-08:00

Florida Restaurant Law or FRL for short, is my blog. I am Lowell Kuvin, a retired restaurateur (25+ years) who went to law school. I am now a South Florida Lawyer who is specializing in restaurant law. I mainly represent employees and ex-employees against the restaurants who have wronged them.Most of my posts will consist of new and developing areas of restaurant law, including different cases I