Mayor Emmanuel announced today that he is forming a task force to discuss raising the minimum wage, which has been a hot button issue nationwide. The Mayor did not announce who would be part of the task force, but did say labor and business leaders will be included in the task force. Findings will be presented to the Mayor later this summer. The Mayor is stuck between a rock and a hard place on this issue, as he is being criticized by union leaders for "giving in" to corporate interests, and is being criticized by corporations for increased costs of doing business in Chicago. It will be interesting if the hospitality industry will be included in the task force.
The National Restaurant Association has weighed in on the issue of increased minimum wage, and has lobbied against a dramatic increase in the minimum wage. The NRA has explained "As businesses struggle to recover from the economic recession, dramatic, mandatory wage increases such as those proposed under the Fair Minimum Wage Act of 2013 would place yet another financial burden on business owners who are already feeling the pressures of a weak economy and additional costs and regulatory complexity associated with the Affordable Care Act." Additionally, the impact would have a dramatic effect on the restaurant industry in particular, as most industry participants only have 3-5% pretax profit margins, and "58 percent of restaurant operators increased menu prices and 41 percent reduced employee hours following the 2007 minimum wage increase."
Tuesday, May 20, 2014
Thursday, May 8, 2014
Chicago Push Cart Vendors May Be Subject of New Ordinance
Could push carts be the hot button regulation this summer? It looks like it may be so... It will be interesting to see how this ordinance develops, and whether regulations will be stalled due to political pressures. The push cart operators want to be able to operate in a more widespread manner across the city without regulation, while the City contends that licensing and regulation is necessary for public safety. This battle has been going on for years, dating back to the Daley administration.
http://www.suntimes.com/27296322-761/emanuel-searching-for-way-to-sanction-pushcart-food-vendors.html#.U2ugY4FdVzU
http://www.suntimes.com/27296322-761/emanuel-searching-for-way-to-sanction-pushcart-food-vendors.html#.U2ugY4FdVzU
Shiftgig Q&A - Shift Cancelled On My Way To Work
Legal Bites: So My Shift Was Cancelled on My Way to Work... I Get Nothing?
Q: I was on my way into my shift, and I got a call saying my shift was cancelled. Is that allowed?
A: The long and short of it is yes. Under federal law, employers are not required to consider time showing up as compensable time. Additionally, employees’ time traveling to work is not compensable time. If an employee is traveling to a different location, special assignment, or has already started work, the travel time can be compensable. However, the federal laws do not have a “reporting time” pay that would compensate someone just for showing up or starting to travel into work.
This answer comes with the caveat that some states have stronger protections than the federal laws. For example, California has a “reporting time pay” law that covers this situation and guarantees at least partial compensation for reporting to work. Additionally, company handbooks and union contracts sometimes require compensation for this situation.
Jonathan
Jonathan Boulahanis is an attorney in the Chicago office of Clark Hill PLC and is a leader of the firm’s Food and Beverage team. Since Jonathan can’t cook like his Italian mother and the fast food was going to his hips, he became a self-proclaimed foodie. As an attorney, he has made a commitment to serve the food and beverage industry, no pun intended, by representing restaurants, bars, individuals, and other food and beverage businesses with various legal issues as they arise. You can reach him by sending an email to submissions@shiftgig.com.
LEGAL DISCLAIMER:
The responses provided in this blog are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of this blog does not create an attorney-client relationship between Jonathan Boulahanis or Clark Hill PLC and the user.
***This article was posted as part of a question and answer series that Jonathan Boulahanis is conducting with Shiftgig.com. The article, as well as all other articles in the series, can be found at http://www.shiftgig.com/articles.
Friday, May 2, 2014
Legal Bites: Am I Breaking the Law if I Don't Have Nutritional Info on Menus?
Q: Why are some places beginning to put nutritional information on their menus and menu boards - am I breaking the law by not including the information on the menu at my restaurant?
A: As society becomes more aware of health issues and obesity in America, lawmakers have started making a push for consumers to be informed about what they are eating - especially in the fast food industries. For example, the onus is placed on a restaurant to inform their customer that eating a Whopper with Cheese is going to account for more than 1/3 of the recommended daily caloric intake - without the fries. States, like NY, started pushing for nutrition information requirements some years ago. However, the issue was recently addressed in the Affordable Care Act.
In the ACA, the Food and Drug Administration proposed guidelines that would become law. Those guidelines are in the final stages of discussions and the requirements will go into effect soon. The guidelines require chains to post caloric information, information on fat, saturated fat, cholesterol, sodium, carbohydrates, fiber and protein, and also would have to provide the information to customers, in writing, upon request. Some highlights in the new law include:
* Applies to restaurants with 20 or more locations. Restaurants operations with less than 20 locations do not have to participate, though, they may voluntarily opt in;
* Only applies to restaurants or similar food retail establishment, as defined by more than 50% of their total floor area is used for the sale of food;
* Nutrition information must be posted on all menus, drive through boards, and menu boards;
* Contain a statement like "[a] 2,000 calorie diet is used as the basis for general nutrition advice; however, individual calorie needs may vary.”
* Self-service style restaurants, such as buffets, must also post nutrition information by each item as a per serving basis;
* Has a provision that vending machine operators that own 20 or more machines post caloric information.
Jonathan
Jonathan Boulahanis is an attorney in the Chicago office of Clark Hill PLC and is a leader of the firm’s Food and Beverage team. Since Jonathan can’t cook like his Italian mother and the fast food was going to his hips, he became a self-proclaimed foodie. As an attorney, he has made a commitment to serve the food and beverage industry, no pun intended, by representing restaurants, bars, individuals, and other food and beverage businesses with various legal issues as they arise. You can reach him by sending an email to submissions@shiftgig.com.
LEGAL DISCLAIMER: The responses provided in this blog are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of this blog does not create an attorney-client relationship between Jonathan Boulahanis or Clark Hill PLC and the user
***This article was posted as part of a question and answer series that Jonathan Boulahanis is conducting with Shiftgig.com. The article, as well as all other articles in the series, can be found at http://www.shiftgig.com/articles.
Thursday, April 24, 2014
Alderman Backs Sunday Liquor Sales at 8 am
As reported in the Trib yesterday, Chicago Alderman Pat O'Connor has proposed changing the liquor sale start time on Sunday from 11am to 8am for certain grocery stores and big box retailers. The store would have to have less than 25% of their shelf space dedicated to alcohol, which would leave local liquor stores and liquor specialty stores like Binny's in the dark.
http://www.chicagotribune.com/news/politics/clout/chi-chicago-aldermen-back-8-am-grocery-store-liquor-sales-20140423,0,5272798.story
http://www.chicagotribune.com/news/politics/clout/chi-chicago-aldermen-back-8-am-grocery-store-liquor-sales-20140423,0,5272798.story
Thursday, April 17, 2014
Q&A - Service Animals
Q: Are service animals allowed to come into the restaurant and bar I work at if there is a no pets policy?
A: Not only are they allowed to come in, they must be permitted to accompany their owner into whatever areas customers are generally allowed. Service animals are utilized by individuals with disabilities as defined by the American with Disabilities Act. A business cannot exclude a service animal from a restaurant, hotel, retail store, taxi, theater, concert hall, or even sports arena without committing an act of discrimination in violation of the ADA. Service animals are usually seen as guide dogs helping people with severe vision problems. However, service animals also assist people with hearing impairments, pulling wheelchairs, or assisting people with mobility impairments. The no pets policy does not apply to service animals because, according to the ADA, they are not pets. The policy is still effective to prevent Joe from down the street from bringing his pet ferret into the restaurant because that is considered a pet. However, the ADA requires the restaurant to modify the “no pets” policy to allow for the use of a service animal by a person with a disability.
Jonathan
Jonathan Boulahanis is an attorney in the Chicago office of Clark Hill PLC and is a leader of the firm’s Food and Beverage team. Since Jonathan can’t cook like his Italian mother and the fast food was going to his hips, he became a self-proclaimed foodie. As an attorney, he has made a commitment to serve the food and beverage industry, no pun intended, by representing restaurants, bars, individuals, and other food and beverage businesses with various legal issues as they arise. You can reach him by sending an email to submissions@shiftgig.com.
LEGAL DISCLAIMER:
The responses provided in this blog are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of this blog does not create an attorney-client relationship between Jonathan Boulahanis or Clark Hill PLC and the user.
Saturday, April 5, 2014
Shiftgig Q&A - 3 Affordable Care Act Questions for the Service Industry
Q: As a server, am I entitled to health insurance under the new Affordable Care Act?
A: Depending what news station you watch, the Affordable Care Act will either save the world or end the world. Let's cut through some of the boasting and criticizing and get into the nitty gritty - what does this new law change for the bar and restaurant world? First, the implications depend on the size of the business. Small businesses are not affected by the new mandate, and are not required to offer health insurance to full-time employees. The law defines a "small business" as an employer that employees 50 or less employees. There are incentives in the form of tax credits for small businesses that fit this definition, if they offer affordable health insurance under the state-exchange program. Under the Affordable Care Act starting in 2015, for businesses that employ more than 50 employees, any employee that averages at least 30 hours per week becomes considered a "full-time equivalent employee." That designation means that the business would have to offer health care benefits, or face a government penalty. If you are an employee that averages more than 30 hours per week, the company may need to either offer you health insurance, or face a penalty that would likely cost much more than offering insurance. The concerns for those involved in the restaurant industry is that the this government penalty could erase any existing profit margin (given the low profit margin associated with the industry), and could reduce hours for current employees. Legislation is advancing, supported by the restaurant trade groups, to make "full-time equivalent" mean an average of 40 hours per week, but no such law has been passed yet. Second, if you are entitled to health insurance under the Affordable Care Act, your company is required to offer you AFFORDABLE health insurance. Affordable health insurance, according to the Act, means that the employer must pay for at least 60% of the covered health expenses for a typical population, and that no employee pays more than 9.5% of their family income for health coverage.
Q: If my restaurant charges an Affordable Care Act surcharge to customers, am I entitled to that money as an employee?
A: Some restaurants and bars have started putting a surcharge on bills called "ACA Charge" or "Health Insurance Charge." Employees are not entitled to that money, and employers may legally institute the surcharge. They should be careful though, as individual states do have disclosure laws about any surcharge, meaning the restaurant or bar may need to post in the premises or explain on the receipt what the charge is for. Additionally, there will be separate accounting requirements, and all of the money must be used for payment of health insurance premiums. San Francisco had a similar law predating the Affordable Care Act, and the San Francisco City Attorney had been aggressive in prosecuting employers who did not use 100% of the money for insurance, and instead used the surcharge to line their pockets. It is likely that the IRS and Department of Labor will also be aggressive in prosecuting such claims.
Q: My restaurant doesn’t have 50 employees, but it’s one of eight restaurants that the company owns. Where does this restaurant fall under the Affordable Care Act regarding providing health insurance benefits?
A: It depends how the company is structured. Likely, there is one corporation/entity that owns all eight restaurants. If that is the case, the corporation/entity is the employer, and employs more than 50 employees. In that case, the corporation must offer benefits to full-time equivalent employees at all eight restaurants, or be subject to the ACA penalties. If all eight restaurants are separate corporate entities, and each, individually, employs less than fifty employees, there is an argument that they do not fall under the Affordable Care Act requirements.
Jonathan
Jonathan Boulahanis is an attorney in the Chicago office of Clark Hill PLC and is a leader of the firm’s Food and Beverage team. Since Jonathan can’t cook like his Italian mother and the fast food was going to his hips, he became a self-proclaimed foodie. As an attorney, he has made a commitment to serve the food and beverage industry, no pun intended, by representing restaurants, bars, individuals, and other food and beverage businesses with various legal issues as they arise. You can reach him by sending an email to submissions@shiftgig.com.
LEGAL DISCLAIMER: The responses provided in this blog are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of this blog does not create an attorney-client relationship between Jonathan Boulahanis or Clark Hill PLC and the user
***This article was posted as part of a question and answer series that Jonathan Boulahanis is conducting with Shiftgig.com. The article, as well as all other articles in the series, can be found at http://www.shiftgig.com/articles.
A: Depending what news station you watch, the Affordable Care Act will either save the world or end the world. Let's cut through some of the boasting and criticizing and get into the nitty gritty - what does this new law change for the bar and restaurant world? First, the implications depend on the size of the business. Small businesses are not affected by the new mandate, and are not required to offer health insurance to full-time employees. The law defines a "small business" as an employer that employees 50 or less employees. There are incentives in the form of tax credits for small businesses that fit this definition, if they offer affordable health insurance under the state-exchange program. Under the Affordable Care Act starting in 2015, for businesses that employ more than 50 employees, any employee that averages at least 30 hours per week becomes considered a "full-time equivalent employee." That designation means that the business would have to offer health care benefits, or face a government penalty. If you are an employee that averages more than 30 hours per week, the company may need to either offer you health insurance, or face a penalty that would likely cost much more than offering insurance. The concerns for those involved in the restaurant industry is that the this government penalty could erase any existing profit margin (given the low profit margin associated with the industry), and could reduce hours for current employees. Legislation is advancing, supported by the restaurant trade groups, to make "full-time equivalent" mean an average of 40 hours per week, but no such law has been passed yet. Second, if you are entitled to health insurance under the Affordable Care Act, your company is required to offer you AFFORDABLE health insurance. Affordable health insurance, according to the Act, means that the employer must pay for at least 60% of the covered health expenses for a typical population, and that no employee pays more than 9.5% of their family income for health coverage.
Q: If my restaurant charges an Affordable Care Act surcharge to customers, am I entitled to that money as an employee?
A: Some restaurants and bars have started putting a surcharge on bills called "ACA Charge" or "Health Insurance Charge." Employees are not entitled to that money, and employers may legally institute the surcharge. They should be careful though, as individual states do have disclosure laws about any surcharge, meaning the restaurant or bar may need to post in the premises or explain on the receipt what the charge is for. Additionally, there will be separate accounting requirements, and all of the money must be used for payment of health insurance premiums. San Francisco had a similar law predating the Affordable Care Act, and the San Francisco City Attorney had been aggressive in prosecuting employers who did not use 100% of the money for insurance, and instead used the surcharge to line their pockets. It is likely that the IRS and Department of Labor will also be aggressive in prosecuting such claims.
Q: My restaurant doesn’t have 50 employees, but it’s one of eight restaurants that the company owns. Where does this restaurant fall under the Affordable Care Act regarding providing health insurance benefits?
A: It depends how the company is structured. Likely, there is one corporation/entity that owns all eight restaurants. If that is the case, the corporation/entity is the employer, and employs more than 50 employees. In that case, the corporation must offer benefits to full-time equivalent employees at all eight restaurants, or be subject to the ACA penalties. If all eight restaurants are separate corporate entities, and each, individually, employs less than fifty employees, there is an argument that they do not fall under the Affordable Care Act requirements.
Jonathan
Jonathan Boulahanis is an attorney in the Chicago office of Clark Hill PLC and is a leader of the firm’s Food and Beverage team. Since Jonathan can’t cook like his Italian mother and the fast food was going to his hips, he became a self-proclaimed foodie. As an attorney, he has made a commitment to serve the food and beverage industry, no pun intended, by representing restaurants, bars, individuals, and other food and beverage businesses with various legal issues as they arise. You can reach him by sending an email to submissions@shiftgig.com.
LEGAL DISCLAIMER: The responses provided in this blog are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of this blog does not create an attorney-client relationship between Jonathan Boulahanis or Clark Hill PLC and the user
***This article was posted as part of a question and answer series that Jonathan Boulahanis is conducting with Shiftgig.com. The article, as well as all other articles in the series, can be found at http://www.shiftgig.com/articles.
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