Industry Insights

Note: Industry Insight reviewed/updated in June 2021.

California restaurants have been hit especially hard during the COVID-19 pandemic. Restaurants have been…

The California Healthy Workplaces, Healthy Families Act of 2014 (“the Act”), entitling California employees to paid…

There is a lot of capital required to run a restaurant, and one of the main costs associated with operations…

The Americans with Disabilities Act (ADA) generally requires that businesses provide qualified individuals…

Consumer privacy has been a hot topic for discussion at both the federal and state levels in recent years. As…

Note: Highlighted words or sections indicate new or updated material from the last version of this guidance.

While at work, we expect our employees to devote their fully energy and attention to conducting company business. Receiving personal phone…

Our legal partner Anthony Zaller has created this confidentiality agreement template for use by CRA members as needed. We recommend that…

New regulations, higher priorities assigned by the federal government and private litigants seeking worldwide compliance, means Title III under the…

While most restaurant owners accept credit and debit cards, very few understand the financial strain that may result if data thieves break…

Terminating an employment relationship is never easy. Many people fail to appreciate how personally and legally…

Employee theft in the workplace is a growing problem that affects many employers. Nearly 95 percent of all businesses suffer from theft…

With limited exceptions, workers who perform services for a business are either employees or independent contractors. An independent contractor…

Tips and their distribution among the staff have plagued the hospitality industry for years. Federal courts interpret the federal law differently…

Note: Highlighted words or sections indicate new or updated material from the last version of this guidance.

The California Labor Code defines a minor as “any person under the age of 18 years who is required to attend…

Employees are either exempt or non-exempt. Exempt employees are exempt from many wage and hour requirements–most notably, the…

May 7, 2018 was the compliance date for the menu labeling final rule.

California ranks among 21 states and the District of Columbia with laws and ordinances protecting against discrimination based on gender…

Depending on their size, California employers are required to comply with several leave of absence laws, including the federal Family…

The Patient Protection and Affordable Care Act of 2010 extends immediate, major ramifications on the nation’s health care system, the…

Note: Highlighted words or sections indicate new or updated material from the last version of this guidance.

Since the California Restaurant Association first published the report AIDS in the Workplace: Facts and Fears in 1985, the level of public…

Service animals enrich the lives of many disabled Americans by performing vital tasks to increase their owners’ safety, mobility…

Pursuant to Civil Code Section 1749.5, it is unlawful to sell gift certificates or gift cards with an expiration…

Note: Industry Insight reviewed/updated in November 2022.

In 2016, Proposition 64, known as the Adult Use of Marijuana Act, effectively legalized the use of recreational…

Meal and rest periods are required for every five consecutive hours worked. Here are the general requirements and employer…

Both state and federal laws protect employees who are serving on active duty in the military from losing any…

Everyone knows that in California you must be 21 in order to consume alcoholic beverages. However, can someone under the age…

Note: Industry Insight reviewed/updated in January 2022.

Restaurant owners and operators are often caught off-guard when they receive a letter or phone call from a representative…

Note: Industry Insight reviewed/updated in February 2021.

The overtime rules affecting California’s food and alcohol/beverage service industries are described in Industrial Welfare…

Many restaurant operators are unfortunately all too familiar with the California Private Attorneys General Act (PAGA). PAGA claims continue to…

Employers often provide paid time off (“PTO”) or paid vacation time to their employees to help recruit and retain talented…

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…

Note: Industry Insight reviewed/updated in August 2022.

Below is a summary of the record-retention requirements for sales and use tax, federal and state income tax, and federal and state employment tax..

In a ruling issued in June 2012, the Internal Revenue Service clarified the difference between a tip and a service charge for…

Note: Industry Insight reviewed/updated in February 2021.

In today’s current climate, sexual harassment has become a prevalent and prominent topic of discourse in the media. Sexual harassment awareness has…

California continues to set national and worldwide precedent in prohibitions on indoor and outdoor smoking. The following is a summary…

Note: Industry Insight reviewed/updated in February 2021.

In spring 2019, the Social Security Administration (SSA) announced that it will begin to issue Employer Correction Request…

Note: Industry Insight reviewed/updated in February 2021.

The Industrial Welfare Commission defines a split shift as “a work schedule which is interrupted by non-paid, non-working…

This Report discusses the functions of state and federal agencies which promulgate critical regulations impacting our industry and…

Restaurants may implement neutral patron conduct rules, dress codes or other neutral admission policies that are equally applicable to all…

All too often, the restaurant industry suffers from “warm body syndrome.” Due to the pressures of this business…

Note: Industry Insight reviewed/updated in November 2022.

Mental illness has been stigmatized in society. Until recently, and to avoid being singled out, judged or marginalized…

The Fair Labor Standards Act (FLSA) is the federal labor and employment law which governs the payment of wages to…

TEFRA requires tipped employees working at “large food or beverage establishments” to report, at a minimum, 8 percent of the establishment’s gross…

On June 20, 2012, the Internal Revenue Service (IRS) issued Revenue Ruling 2012-18 to clarify and update existing guidelines on taxation…

TRAC encourages tip reporting by focusing on charge receipts and enlisting the assistance of the employer in monitoring the reporting of…

Over twenty states and several major counties and cities have enacted nondiscrimination laws protecting gender identity or expression in the…

Due to a myriad of legislative and court decisions, some restaurants in California have elected to add a surcharge…

Note: Industry Insight reviewed/updated in February 2021.

Unemployment Insurance (“UI”) is an unavoidable cost that almost every employer is forced to endure. While employers…

Many restaurant operators are confused about uniforms. What they are? Who buys them? Who takes care of them? These…

For restaurant operators supporting unionizing efforts, the labor law requirements are not as stringent as they are for restaurant operators…

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 occurs when an employee earns less money than his or her employer is legally required to pay. This usually arises when an…

Like an earthquake, the 2018 case of Dynamex Operations West, Inc. v. Superior Court changed California’s legal landscape when it hit. In…

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.

Various state and federal government agencies have been escalating their focus on illegal employer practices ranging from the failure to…