For years, I have recommended that all restaurants should be operated as limited liability companies – that is no more! Recent tax changes have now made LLCs much less attractive. Instead, we now suggest that our restaurant clients should consider forming “S-corporations,” except in rare instances. See below for the details and for a way… Continue Reading
Category Archives: Legislation
Subscribe to Legislation RSS FeedOuch! The Payroll Tax Takes Its Toll!
Posted in Commentary, Legislation, News, Recent Law TrendsAs many of you know, the payroll tax cuts recently expired, which reduced 2% of consumers’ take-home pay. That recently caused many retailers, including restaurants, to scale back prior expectations for revenue this year. Recall that in January in this article (click here to see it), we discussed the great outlook for restaurants for 2013… Continue Reading
The Top Five Consumer Myths About Restaurant Law
Posted in Employees & Waitstaff, Legislation, Liability, Recent Law TrendsOne of the more entertaining aspects of restaurant law is dealing with consumer myths. We are consistently challenged by consumers over seemingly insignificant issues. However, for these restaurant customers, these issues are indeed significant, so we thought we would share their concerns. Whether you have dealt with these issues or not, this post should let… Continue Reading
Is Franchising The Only Key To Restaurant Success?
Posted in Contracts, Franchises, Franchising, Legislation, Liability, Litigation, NegotiationWe talk a lot here about franchising and for good reason. After all, many restaurant owners make great money by developing or buying into a great franchise concept. However, some restaurant owners take a different approach: they develop their own brand and remain the key figure in each additional restaurant. Stephen Pyles is one such… Continue Reading
What To Know About Texas Alcohol Permits: An Industry Perspective
Posted in Alcohol, Commentary, Competition, Legislation, Liability, Negotiation, News, VendorsObtaining and dealing with alcoholic beverage permits requires a lot of time and effort, and it can be full of legal pitfalls as well. Sometimes you need a lawyer, but often an outside alcohol permit company can be more cost effective. As one example, we recently interviewed Nancy Scott, with Joe LaBarba Permit Service in… Continue Reading
Are Texas Restaurants Required To Serve Free Water?
Posted in Alcohol, Competition, Franchises, Legislation, Litigation, Recent Law TrendsOne of our dedicated blog followers recently asked whether Texas restaurants are required to serve water without charge. I had heard for years that this was a law, but since I did not already know the answer, I looked into this further. The results were surprising. It seems that at least at the state level,… Continue Reading
New York To Ban Salt In Restaurants – REALLY?!?!
Posted in Commentary, Legislation, News, Recent Law TrendsI try to avoid ranting, at least in public, but I’m going to give in to my inner four-year-old for a moment for the benefit of your entertainment. A recent article on LoweringTheBar.com found at this link provides details of an actual bill in New York to ban the use of salt in restaurants. Really!?… Continue Reading
The Best of TexasRestaurantLaw.com 2009
Posted in Acquisitions, Alcohol, Commentary, Contracts, Corporate Entity, Employment, Franchises, Immigration, Intellectual Property, Legislation, Litigation, Negotiation, News, Recent Law Trends, VendorsWe couldn’t close out the year without a “Best of 2009″! Here’s the best TexasRestaurantLaw.com content of the year, based on your enthusiasm via comments, links, and retweets. We thank you all for your continued support! Let’s get started: Recent Nutrition Law Trends – This will likely be a continued source of legislation on… Continue Reading
How Effective Are Calorie Counting Laws?
Posted in Legislation, News, Recent Law TrendsAs more and more calorie menu labeling laws pop up across the country and the U.S. Senate considers a national law on the matter, the debate over their effectiveness continues. With the goal of reducing American obesity levels, the question remains: Do they really work? The answer depends on whom you ask. The Wall Street… Continue Reading
Could Your Salary Get Slashed by the Compensation Czar?
Posted in Commentary, Legislation, News, Recent Law TrendsIn response to criticism regarding bonus pay for executive officials of companies receiving government pay-outs, the Obama administration recently appointed Kenneth Feinberg to regulate the pay of 175 top executives at seven companies receiving levels of government TARP funds not offered to other institutions. Feinberg, who is being referred to as the “Compensation Czar,” is… Continue Reading
Texas Legislature Leaves Restaurant Industry Alone
Posted in Alcohol, Commentary, Immigration, Legislation, News, Recent Law TrendsEveryone in the restaurant industry should know what new laws affect them. This last legislative session addressed a variety of laws from immigration to fat and smoke, and the this article provides those results. The latest session of the Texas Legislature ended on June 1, 2009. Comprising the 81st Session of the Legislature, Texas lawmakers… Continue Reading
Smoke & Fat: What Texas Restaurants Need to Know in ‘09
Posted in Commentary, Legislation, News, Recent Law TrendsLaws in Texas are changing about what restaurants serve and what they allow from their patrons. Understanding of these trends now could be the difference between prosperity and destruction for Texas restaurants in the coming years. Smoke As reported here several weeks ago in “Where There’s Smoke . . . You’re Not In Dallas ”… Continue Reading
Where There’s Smoke . . . You’re Not In Dallas
Posted in Alcohol, Legislation, News, Recent Law TrendsWe all know that familiar smell of combined stale beer and cigarettes that, until now, marked the relaxed atmosphere of an old fashioned honky-tonk or bar, but in Dallas, that is no more. At midnight on Friday, April 10, 2009, the latest of Dallas’ efforts to eliminate smoke from public buildings became effective. As reported… Continue Reading
Texas Legislature Says, “Trim the Fat” (Trans Fat, That Is)
Posted in Legislation, News, Recent Law TrendsBy: Matthew Sanderson With the support of the Texas Restaurant Association, the Texas legislature is “pressing for legislation that would phase in bans of trans fats in restaurant foods,” according to a recent Dallas Morning News article published on April 6, 2009 and found at this link. The two key proponents of the bills are… Continue Reading