Industry Insights
A CRA Member Exclusive: Top Title
A CRA Member Exclusive
These valuable resources are an exclusive benefit for California Restaurant Association Members. If you are interested in becoming a member click here to join or to have a Member Development Manager reach out to you directly.
Preparing for AB 1228
Published: 2024
Effective April 1, 2024, AB 1228 will usher in sweeping changes for the California Fast Casual Restaurant industry, including a minimum wage hike to…
ADA Compliance for Websites
Last Updated/Reviewed: 2023
The Americans with Disabilities Act (ADA) generally requires that businesses provide qualified individuals…
California Consumer Privacy Act (CCPA)
Consumer privacy has been a hot topic for discussion at both the federal and state levels in recent years. As…
California’s Paid Sick Leave Law
Last Updated/Reviewed: 2024
California workers are covered by regular CA Paid Sick Leave laws and CA Paid Family Leave. All of which provide employees avenues to flexibly take time…
Cellular Telephones
Last Updated/Reviewed: 2024
While at work, we expect our employees to devote their full energy and attention to conducting company business. Receiving…
Confidentiality Agreement
Our legal partner Anthony Zaller has created this confidentiality agreement template for use by CRA members as needed. We recommend that…
Defending a Title III ADA accessibility claim
New regulations, higher priorities assigned by the federal government and private litigants seeking worldwide compliance, means Title III under the…
Don’t be a target for hackers
While most restaurant owners accept credit and debit cards, very few understand the financial strain that may result if data thieves break…
Employment termination
Last Updated/Reviewed: 2023
Terminating an employment relationship is never easy. Many people fail to appreciate how personally and legally…
Employee Theft: Why do employees steal?
Employee theft in the workplace is a growing problem that affects many employers. Nearly 95 percent of all businesses suffer from theft…
Employees versus independent contractors
Last Updated/Reviewed: 2023
With limited exceptions, workers who perform services for a business are either employees or independent contractors. An independent contractor…
Employer-mandated tip pooling guidelines
Last Updated/Reviewed: 2024
Tips and their distribution among the staff have plagued the hospitality industry for years. Federal courts interpret the federal law differently…
Employment of minors
Last Updated/Reviewed: 2023
Passed and signed into law in late 2020, AB1963 established that “mandated reporters” now include certain supervisor and human resources…
Exempt versus non-exempt employees
Last Updated/Reviewed: 2024
Employees are either exempt or non-exempt. Exempt employees are exempt from many wage and hour requirements–most…
Gender identity and expression at work
California ranks among 21 states and the District of Columbia with laws and ordinances protecting against discrimination based on gender…
Guide to family, medical and pregnancy leave
Last Updated/Reviewed: 2024
Depending on their size, California employers are required to comply with several leave of absence laws, including the federal Family…
Health care reform and the hospitality industry
The Patient Protection and Affordable Care Act of 2010 extends immediate, major ramifications on the nation’s health care system, the…
HIV and other infectious or communicable diseases
Last Updated/Reviewed: 2024
Since the California Restaurant Association (“CRA”) first published the report AIDS in the Workplace: Facts and Fears in 1985, the level of public
How to provide equal access for all
Last Updated/Reviewed: 2023
Service animals enrich the lives of many disabled Americans by performing vital tasks to increase their owners’ safety, mobility…
Injury and Illness Prevention Program (IIPP)
Get insight into the government guidelines to help your Injury and Illness Prevention Program meet the January 1, 2021…
“Joint Employer” Liability for Franchisors and Restaurants after Dynamex
Last Updated/Reviewed: 2023
In 2018, Dynamex Operations West, Inc. v. Superior Court changed California’s legal landscape. Industries whose existence…
Legal restrictions on gift cards and certificates
Pursuant to Civil Code Section 1749.5, it is unlawful to sell gift certificates or gift cards with an expiration…
Marijuana use in California restaurants
Last Updated/Reviewed: 2024
In 2016, Proposition 64, known as the Adult Use of Marijuana Act, effectively legalized the use of recreational marijuana…
Meal and rest period policies in California
Last Updated/Reviewed: 2024
Meal and rest periods are required for every five consecutive hours worked. Here are the general requirements…
Military leave: rights and responsibilities
Last Updated/Reviewed: 2023
Both state and federal laws protect employees who are serving on active duty in the military from losing any employment rights…
Minors and Bars: The Basics
Everyone knows that in California you must be 21 in order to consume alcoholic beverages. However, can someone under the age…
Music use and copyright law
Last Updated/Reviewed: 2024
Restaurant owners and operators are often caught off-guard when they receive a letter or phone call from a representative from a performing…
An Overview of Overtime Laws
Last Updated/Reviewed: 2024
The overtime rules affecting California’s food and alcohol/beverage service industries are described in Industrial…
Paid time off and vacation policies
Last Updated/Reviewed: 2024
Employers often provide paid time off (PTO) or paid vacation time to their employees to help recruit…
Prop 65: A guide to California’s Proposition 65 (Safe Drinking Water and Toxic Enforcement Act)
Note: Highlighted words or sections indicate new or updated material from the last version of this guidance.
California voters approved Proposition 65 in 1986, creating the Safe Drinking Water and Toxic Enforcement Act. Originally…
Restaurant Lease Guide for Business Owners
Last Updated/Reviewed: 2023
There is a lot of capital required to run a restaurant, and one of the main costs associated with operations is your physical space. However, before signing any lease, whether…
Retention period requirements for preservation of records
Last Updated/Reviewed: 2023
Below is a summary of the record-retention requirements for sales and use tax, federal and state income tax, federal and state employment tax…
Service charges definition and guidelines
Last Updated/Reviewed: 2023
In a ruling issued in June 2012, the Internal Revenue Service clarified the difference between a tip and a service charge for…
Sexual Harassment: An employer’s guide
Last Updated/Reviewed: 2024
In today’s current climate, sexual harassment has become a prevalent and prominent topic of discourse …
Smoking and the hospitality industry
California continues to set national and worldwide precedent in prohibitions on indoor and outdoor smoking. The following is a summary…
Social Security Administration – Employer Correction Notices
Last Updated/Reviewed: 2024
In Spring 2019, the Social Security Administration (SSA) announced that it will begin to issue Employer Correction Request (EDCOR)…
Split Shifts: What are they and how to handle and calculate split shift pay
Last Updated/Reviewed: 2024
A “split shift” is defined as a “work schedule which is interrupted by non-paid, non-working periods established by the…
State and Federal government agencies that regulate your restaurant
This Report discusses the functions of state and federal agencies which promulgate critical regulations impacting our industry and…
The dos and don’ts of denying service and enforcing house rules
Restaurants may implement neutral patron conduct rules, dress codes or other neutral admission policies that are equally applicable to all…
The dos and don’ts of interviewing and hiring
Last Updated/Reviewed: 2023
All too often, the restaurant industry suffers from “warm body syndrome.” Due to the pressures of this business, food service…
Mental Health Issues
Last Updated/Reviewed: 2024
Mental illness has been stigmatized in society. Until recently, and to avoid being singled out, judged or marginalized…
Waiting time, on-call time and reporting time-avoiding liability
Last Updated/Reviewed: 2024
The Fair Labor Standards Act (FLSA) is the federal labor and employment law which governs the payment of wages to employees. The FLSA is enforced …
Tip reporting requirements
Last Updated/Reviewed: 2023
In August 1982, Congress enacted the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), one of the most far-reaching tax laws in…
Tips defined and guidelines
On June 20, 2012, the Internal Revenue Service (IRS) issued Revenue Ruling 2012-18 to clarify and update existing guidelines on taxation…
TRAC tips: How the tip rate alternative commitment works
TRAC encourages tip reporting by focusing on charge receipts and enlisting the assistance of the employer in monitoring the reporting of…
Transgender Individuals, Gender Identity & Expression at Work
Last Updated/Reviewed: 2024
Restaurant owners, managers, and even employees have an obligation to uphold California’s anti-discrimination and accommodation…
Understanding and guidance on surcharges
This industry insight is currently under review. Please check back later for updates.
Unemployment Insurance: Tips for protecting your Unemployment Insurance rates
Last Updated/Reviewed: 2023
Unemployment Insurance (“UI”) is an unavoidable cost that almost every employer is forced to endure. While employers cannot necessarily…
Uniforms: Guide to uniforms
Last Updated/Reviewed: 2023
Many restaurant operators are confused about uniforms. What they are? Who buys them? Who takes care of them? These…
Unionization and the workplace
Last Updated/Reviewed: 2024
In 2024, unionization remains a key concern for employers. In 2022, the NLRB reported the highest number of unionization…
Wage deductions and garnishments
Last Updated/Reviewed: 2024
With the exception of standard payroll tax deductions, the law generally prohibits an employer from deducting any wages from an employee’s paycheck…
Wage theft liability and enforcement of judgments on successor companies
Last Updated/Reviewed: 2023
In 2016 California expanded individual and successor liability for wage and hour violations and gave the Labor Commissioner direct authority…
What California Restaurants Need to Know About Cal/OSHA’s Non-Emergency COVID-19 Standard
Last Updated/Reviewed: 2024
California restaurants were hit especially hard during the COVID-19 pandemic, and were asked to quickly comply with the ever-changing…
What California Restaurants Need to Know About Food Handler Cards after Passage of Senate Bill 476
Published: 2024
Every year, California restaurants are asked to quickly comply with ever-changing rules, regulations, and mandates imposed at the…
What to do if immigration officials target your business
This article will walk employers through the quagmire of state versus federal law in the area of immigration field visits. This article does not address administrative agency subpoenas in general.
When the government comes knocking: Have your ‘house’ in order before an employment sweep
Various state and federal government agencies have been escalating their focus on illegal employer practices ranging from the failure to…
Wildfire Smoke Compliance for Employers
Based on the current forecasts and drought conditions, California may be set for another difficult wildfire season in Fall…