TABLE OF CONTENTS
WE REPRESENT 3 DIFFERENT GROUPS
1. We represent patrons as plaintiffs suing for personal injuries at a restaurant or hotel or in a product liability case of foreign objects found in your food or a slip and fall or any other injuries at nightclubs or bars.
2. We represent New Jersey Restaurant Workers against their employers
3. We also advice and consult restaurants and hotels how to avoid a lawsuit and be compliant. We can draft handbooks as well. We advise on Liquor License violations and transfer of licenses.
Our Attorneys hold restaurants accountable for employment law violations on behalf of employees
Whether you are a front of house or back of house employee in your restaurant, you may be entitled to recover damages from your employer for nonpayment of overtime or insufficient wages or working off the clock or tipping violations.
Common ways restaurants violate federal laws to avoid paying employees a full and fair wage
Some of the most common tactics used by restaurants to not pay their employees include:
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Forced tip sharing — force employees to share their tips with the entire staff of the restaurant or with employees that are not entitled to tip pooling.
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Paying less than the minimum wage — If you are a tipped employee and your tips combined with your direct do not meet the minimum wage requirement then the restaurant is required to make up the difference.
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Not clocking in for prep work or cleanup work — Your employer must have you on the clock for any time you spend performing work for the restaurant and can not force you to clock out and work.
How our workers’ rights lawyer do to help you take legal action against your employer?
Our aggressive litigation firm is here to help New Jersey restaurant workers that feel powerless against their restaurants. You do not have to tolerate working for an abusive employer that does not pay you for all the hours that you have worked.
Our attorneys represent New Jersey restaurants, bars, taverns, delicatessens and liquor stores on a wide range of issues.
WE ALSO WORK WITH RESTAURANTS AND HOTELS IN LIQUOR LICENSES TRANSFERS
Our attorneys represent bars, restaurants, taverns, liquor stores, and their owners, in the purchase and sale of liquor licenses. New Jersey’s liquor license laws concerning liquor license transfers, whether the transfer involve person-to-person transfers, business-to-business transfers, or a mix of the two, are complex and rigid.
ABC VIOLATIONS
New Jersey’s alcoholic beverage laws are extremely strict in regulating the operation of a business which sells beer, wine or liquor. Violations can result in severe penalties, including suspension and forfeiture of liquor licenses. Attorneys from our firm negotiate with prosecutors and represent businesses in court. Most importantly, however, we work with them to plan so that they can avoid violations in the first place.
GENERAL BUSINESS COUNSEL AND REPRESENTATION
Our attorneys act as outside general counsel for businesses, helping them with all their legal needs. Indeed, all businesses have basic legal needs, such as contracts with vendors and contractors. They have insurance coverage and employee relations issues.
Most businesses rent their space. Our lawyers assist them in their relations with their landlords, including negotiating and drafting leases, and fighting for them when their landlords violate their rights. We also help them plan when the ownership of their business and the landlord are related.
Likewise, in many cases the owners of the business will own the property from which it is operated. This raises a host of issues which our attorneys assist owners and businesses with. For example, the enterprises – the restaurant or bar, and the property – must be structured so that their liability is separated. For instance, in the event that there were to be a significant judgment or debt for a bar, while the business itself might face liability, the structure should be in place which shields any danger to the property or the liquor license.
Insurance coverage is also very important to hospitality businesses, especially those which sell alcoholic beverages. Our lawyers counsel businesses on the insurance coverage which they need. When the need for that coverage arises, we work with businesses to make sure their claims receive coverage; when insurance companies wrongfully deny their claims, we are experienced in litigating on behalf of businesses to obtain that coverage.
We represent businesses in the food and alcoholic beverage industry in a wide range of litigation, including employment litigation, contract litigation, and regulatory litigation. Our litigators have decades of experience pursuing litigating cases in New Jersey.
EMPLOYEE RELATIONS
Every food and beverage establishment is first and foremost a business, which has many of the same issues that every business has. For example, restaurants, bars and delis are also employers. Our employment attorneys are experienced in representing businesses of all types, including those in the hospitality industry, in dealing with their employees. For example, we draft employment contracts and employee manuals. We represent bars and restaurants which have been sued for wrongful termination or harassment. Our attorneys represent employers when the Department of Labor accuses them of mischaracterizing employees as contractors. We defend employers when they are accused of failing to pay wages or overtime.
Whether you’re a seasoned restaurateur or opening your first food truck, there are many legal considerations you should take care to address. From food safety to intellectual property, restaurant law can be extremely complex. A top-notch restaurant lawyer can help you navigate all the necessary regulations, so you can get back to focusing on utensils and Sea Urchin.
We are also Business attorney for chefs, restaurants, hotel owners, and hotel food and beverage operators. We advise up-and-coming chefs and restaurateurs; and working with entrepreneurs seeking to start their own businesses. We serve as counsel for many clients, handling start-up funding, business formation and organizational matters; real estate negotiations, asset and business purchase transactions; brand licensing transactions, drafting management and consulting agreements, and basic consultations on intellectual property issues involving trademarks and trade dress. We consult our clients in the best practices for avoiding disputes. We then act as outside general counsel to clients by advising them on day-to-day issues, complex financial and operational transactional matters. We offer consulting services, where we provide property owners and developers around the world with curated food and beverage curating services. We identify, and engages the most well-suited restaurant concept and operator for each client, facilitating successful, long-term relationships between property owners and their food and beverage operators, through comprehensive counseling regarding the most appropriate deal structures which meet each client’s needs.
What do I need to open a restaurant?
The legal nuts and bolts of opening and operating a restaurant can be very complicated. Here’s an overview of some of the many issues
Formation
Before you even open a restaurant, you must decide what form of business organization you will use–for example, a corporation, a partnership or an LLC. An attorney can help you decide which form is most advantageous for your business, complete any necessary state and local registrations and draft an Operating Agreement or Bylaws.
If your restaurant is a franchise, you’ll also need a skilled franchise attorney at this early stage to review and negotiate the agreement and make sure you understand your rights and obligations.
Fundraising
Fundraising can be particularly challenging for a new restaurant. Investors anticipate that restaurants have a high rate of default and also face high upfront costs for inventory and equipment, both of which rapidly lose value. A lawyer can assist you in structuring your initial investment agreements to both appear more attractive to investors and protect your personal assets. If you do encounter any funding difficulties, an attorney can also assist with any sale or leaseback transactions, as well as restructuring troubled operations for owners, lenders or franchisors. Working with an attorney is critical to avoid disputes with investors or costly litigation.
Real Estate
You will need to check local zoning ordinances before you choose a restaurant location. Once you’ve found your dream space, you will need to consider purchasing the property or negotiating a commercial restaurant lease agreement. Restaurant leases often contain specific provisions regarding venting and kitchen needs, which an attorney can help you tailor to your specific needs.
Licenses
Restaurants require business licenses, food safety licenses and, if you plan on serving alcoholic beverages, liquor licenses. Further licensing requirements may also apply in specific jurisdictions. An attorney can identify and apply for all necessary licenses.
Liquor licenses are difficult to obtain in every state and can be expensive. Moreover, it is easy to lose a liquor license–you could face suspension or revocation of your license, for example, if one of your employees negligently sells alcohol to a minor. Your lawyer will help you complete your liquor license application and advise you on developing appropriate policies to maintain it.
Labor & Employment Laws
Employment is strictly regulated. You will need to comply with federal and local laws and regulations governing minimum wage, tipping, overtime, tax withholding and numerous other matters. Even the questions you may ask in a job interview are restricted by law. Taxes and insurance will also be a continuing major legal concern for your business.
Agreements
Three types of agreements are particularly common in the restaurant business–franchise agreements, commercial restaurant lease agreements and employment contracts (particularly for management employees). All of these must be carefully negotiated and drafted to suit your business’s needs and protect your restaurant. A skilled business attorney can assist you in creating any agreements you need along the way, helping you avoid disputes, breaches or costly litigation.
Intellectual Property
Trademark protection is a large part of operating a successful restaurant. Trademarks can apply not only to the name of your restaurant, but also to specialty dishes (“Big Mac,” for example). A top restaurant lawyer can help you protect your trademarks nationwide and even abroad, if necessary.
In addition to trademarks, your business may possess trade secrets, such as recipes and business methods–you would not want an ex-employee, for example, opening a competing restaurant that serves your signature dish under a different name. An attorney can help you protect your trade secrets, as well as draft non-disclosure or non-compete agreements for your employees.
Finally, it is possible that a food recipe could be patentable. A list of ingredients and instructions for preparing food can be considered a composition of matter and a process, so they could be eligible for a patent under U.S.C. Title 35. However, the recipe must also be novel and nonobvious, which would mean that the combination of ingredients used or the way they are processed results in a food that is completely unexpected. That is to say, the final outcome could not be anticipated by someone with knowledge of cooking, unlike say adding an unlikely spice to a particular dish, leading to an expected change in flavor. Therefore, most patentable recipes are actually the results of laboratory work.
Food and Liquor
As a restaurant owner, you will be subject to both federal and state regulations. You should expect regular surprise food safety inspections and your restaurant might be closed following a negative inspection. Areas that are extensively regulated by state and federal authorities include:
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