Only seven states and one territory require that tipped workers receive the same minimum wage as other workers: Alaska, California, Hawaii, Idaho, Minnesota, Montana, Nevada, Oregon, Washington State, and Guam.  Other states allow what is called a “tip credit” against the minimum wage, i.e., their tips are considered part of their wage for purposes of minimum wage.  Needless to say, the District of Columbia has not been one of those states. However, in June 2018, DC voters passed an initiative raising the minimum wage of tipped workers to $15.  Continue reading →

Zoning is one of the stickiest issues I run into when it comes to new businesses, but particularly those businesses which fall into the “industrial use” category, as breweries often do.  Not only will zoning determine whether the business is an “allowed use” in a particular location, but even if it is an allowed use, zoning regulations may also specify the extent of activities that are allowed.   Moreover, the Department of Alcoholic Beverage Control will require a form that shows your use is allowed.   Continue reading →

Congressional Country Club, photo by Keith Allison, Flickr Creative Commons 2.0

California’s Alcoholic Beverage Control (“ABC”) offers a wide variety of license types, required for a wide variety of purposes in California.  Ordinarily, only a few types of licenses are commonly thought of (Types 20 and 21 for off-site sales and Types 40, 41, and 47 for on-site sales).  In total, however, there are more than 80 types of licenses, each for a different purpose.  As this blog previously discussed, a license is ordinarily required if alcohol is sold (even indirectly) or it is served at an event where a member of the public can attend, a license is required.  Continue reading →

As discussed in Part One of the Gratuity Law Series, California’s Labor Code §351 provides that “no employer or agent shall collect, take, or receive any gratuity” if the patron intended for the gratuity to be given to an employee.  Though this statement may appear simplistic on its face, courts have frequently been asked to decide who is an “employer or agent” for the purposes of this law.  Continue reading →

Nearly 40% of EEOC claims for sex harassment claims emanate from restaurants.  That’s more than any other type of business.  Why?  See this Atlantic Magazine’s CityLab article