Areas of Practice
Employment risk management
In California, some common employment issues in the restaurant industry include:
Minimum wage violations: California has a higher minimum wage than the federal minimum wage, and employers must pay their employees the higher amount.
Overtime: Employers must pay overtime to eligible employees who work more than 8 hours in a day or 40 hours in a week.
Meal and rest break violations: California law requires employers to provide their employees with certain breaks during the workday, including a meal break and rest breaks.
Misclassification of employees as independent contractors: Restaurants may unlawfully classify workers as independent contractors instead of employees in order to avoid paying benefits and overtime.
Harassment and discrimination: Restaurants have a responsibility to provide a safe and respectful workplace, free from harassment and discrimination based on factors such as race, gender, and sexual orientation.
Restaurant health and safety
California restaurant legal compliance refers to the laws and regulations that restaurants in California must follow in order to operate legally and safely. This can include health and safety regulations, labor laws, food safety standards, and licensing requirements, among others. Failure to comply with these regulations can result in fines, legal action, and damage to the restaurant's reputation.
Contract drafting, review and negotiation
I typically perform the following types of contract services for restaurants:
Employment Contracts: Review and draft contracts for employees, including job descriptions, compensation, benefits, and termination provisions.
Independent Contractor Agreements: Draft agreements for independent contractors who provide services to the restaurant, such as delivery drivers or catering staff.
Vendor Contracts: Review and draft contracts with vendors and suppliers, such as food and beverage suppliers, equipment and furnishings vendors, and marketing agencies.
Lease Agreements and Negotiations: Review and draft lease agreements for restaurant premises, including provisions related to rent, maintenance, and termination.
The purpose of a restaurant lease negotiation is to reach an agreement between the landlord and tenant on the terms and conditions of the lease for a restaurant space. The negotiation process is an opportunity for both parties to discuss and agree on important aspects of the lease, such as:
1) Rent amount and payment terms, 2) Length of the lease, 3) Use of the space (e.g. restaurant use only), 4) Tenant improvements/build-out costs, 5) Maintenance and repair responsibilities, 7) Renewal options and termination rights, 8) Parking and common area use, and 9) Rent increases and late fees
Lease negotiations play a vital role in benefiting restaurant owners by aiming to secure a mutually advantageous agreement. Through effective negotiation, a well-crafted lease can provide restaurant owners with the stability, security, and peace of mind they need for their business location. This process ensures that the restaurant owner can operate confidently, knowing their long-term presence is protected, and they can focus on running a successful establishment.
Business entity formation and compliance
California business entity formation refers to the process of establishing a legal business entity in the state of California. This includes choosing the type of business entity, such as a sole proprietorship, partnership, limited liability company (LLC), corporation, or cooperative, and completing the necessary steps to legally form the entity with the California Secretary of State.
Formation steps may include:
Choosing a business name and checking availability
Filing articles of incorporation/organization
Obtaining any necessary business licenses and permits
Registering for taxes
Creating corporate bylaws or an operating agreement
Obtaining any required insurance
Forming a business entity in California protects the owners' personal assets and provides a clear structure for conducting business.