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Friday, October 9, 2026

Avoid These Employment Law “Kitchen Fires” to Protect Your Restaurant and Your Employees - Lexology

With restaurants struggling to return to normal after more than two years of COVID-19 shutdowns and restrictions and employee shortages, the last thing any restaurant owner wants to deal with is a costly lawsuit brought by a either a current or former employee, or potentially worse, by the Equal employment Opportunity Commission (EEOC) or the U.S. Department of Labor.

In this series of articles, we outline potential employment law “kitchen fires” that restaurant owners should be aware of, and what steps they need to take to avoid lawsuits and the expense and business disruption they can bring.

According to the EEOC, the restaurant industry is the single largest source of sexual harassment claims in the U.S. And it accounts for more than one-third of all sexual harassment claims from women. Recent surveys show 90% of women and 70% of men working in restaurants have experienced some form of sexual harassment from either managers, co-workers or customers. On a regular basis, well-known restaurant companies and celebrity chefs are being hit with sexual harassment claims as well as high-dollar judgments. Part One of the series covers the laws against sexual harassment in the workplace, how to prevent it in a restaurant environment, and how proper policies and training can protect against liability.

Part Two looks at restaurant liability under the federal Fair Labor Standards Act (FLSA). This is the law that requires employers to pay at least minimum wage and time and a half...



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