Wednesday, October 14, 2020 (Eastern Daylight Time)

Welcome Remarks

Speakers: Chappell Phillips, Board Chair, Restaurant Law Center / SVP, General Counsel and Secretary, Golden Corral Corp.

PPP and Other Assistance Programs – What’s Worked, What Hasn’t and What to Do Going Forward

Speakers: Bijal Vira, Partner, Sheppard Mullin LLP, Alan Martin, Partner, Sheppard Mullin LLP, Nirav Bhatt, Associate, Sheppard Mullin LLP

This presentation will cover the current status of the Paycheck Protection Program (PPP) and certain other financial relief programs of which members of the National Restaurant Association may avail themselves, including any recent changes made to such programs, issues faced by applicants to and existing participants in such programs, pending legislation and the general outlook for such financial relief programs.


Tips on the Tip Credit and a Few Tips on the Future of Tipping

Speakers: Felice B. Ekelman, Principal, Jackson Lewis P.C., Jeffrey Brecher, Principal, Jackson Lewis PC, Steve Lugerner, General Counsel and Corporate Secretary, TAO Group Hospitality

In this panel discussion we will provide an overview of the current legal landscape on tipping, including:

• the circumstances under which tips can be shared with non-service employees;
• the current status of the “80/20 Rule” under the FLSA and reaction of courts to the DOL’s newest efforts to alter the regulatory scheme;
• the future of the tip credit and minimum wage in this election season;
• the possible trend toward adding service charges (as a result of COVID-19 operating issues and costs) and legal risks in doing so; and,
• the activity at the state level to regulate tipping.

Our panel will engage in a discussion covering changes to service models given local limitations on on-site dining and will evaluate the legal risk that can arise as a result of these changed service models (where managers are more directly engaged in service and fewer staff have personal interaction with guests). Panelists will also discuss whether industry leaders should embrace a paradigm where service and non-service employees share tips in order to provide better wage parity and enable all staff to participate more fully in providing hospitality. The industry which has been battered for nine months is at a crossroad where it is time for fresh approaches—customers still provide a substantial part of industry workers’ earnings and tips must be fairly distributed despite regulations which make it difficult to do so.


Better and Stronger Through Diversity and Inclusion

Speakers: Shawndra Jones, Senior Counsel, Epstein Becker Green PC, Peter Steinmeyer, Member of the Firm, Epstein Becker Green PC

This programs discusses the benefits of, and business case for, diversity and inclusion. It addresses all forms of diversity and gently encourages self-examination (in terms of the diversity of those in whom we place our trust) and greater self-awareness of potentially offensive words and deeds. It also offers concrete suggestions to create a more diverse and inclusive work environment, thereby improving and strengthening the organization.

Thursday, October 15, 2020 (Eastern Daylight Time)

Business Interruption Insurance Claims: Where We Are Now

Speakers: Gabriel K. Gillett, Partner, Jenner & Block LLP, Jan Larson, Partner, Jenner & Block LLP, Jeremy Creelan, Partner, Jenner & Block LLP

As the restaurant and foodservice industry continues to grapple with the impact of COVID-19 and government shut-down orders, many have sought business interruption coverage under commercial property insurance policies. To date, insurers have routinely refused to pay these claims. Many hundreds of policyholders have sued, and many more are considering whether to take legal action.

In this session, panelists from Jenner & Block with deep experience at the intersection of complex litigation and insurance, and leaders in major restaurant business-interruption cases in Chicago and New York City, will walk through the legal landscape of business interruption claims and what may be ahead for the restaurant and foodservice industry. As litigators directly involved in these issues, they will share insights and discuss the following:

– Key policy provisions and exclusions, and how they may vary across policies;
– Critical legal questions related to coverage, including whether physical loss or damage is required, a virus exclusion applies, and civil authority coverage is triggered;
– Current state of litigation, including decisions to date and developments in pending federal and state cases across the country.


Special Keynote: Virtual Fireside Chat with USDOL Solicitor of Labor

Speakers: Kate S. O’Scannlain, Solicitor of Labor, U.S. Department of Labor, Angelo I. Amador, Executive Director, Restaurant Law Center

Join us as the Solicitor of Labor shares her insights on the important role the Office of the Solicitor plays within the Department of Labor. With responsibility for the enforcement of over 180 federal laws, the 600+ attorneys and staff under the Solicitor’s supervision provide focused legal services to the various agencies within the Department and represent the Department in ongoing litigation. Approximately half of her team is in Washington, D.C. with the remainder in the seven regional and seven sub-regional offices.


TikTok: Hey Boomer, This is Not Your Grandfather’s Wage & Hour Program

Speakers: Alden J. Parker, Regional Managing Partner, Fisher Phillips LLP / Co-Chair, Hospitality Industry Group, Andria Lure Ryan, Partner, Fisher Phillips LLP / Co-Chair, Hospitality Industry Group

TikTok, Facebook, Twitter and LinkedIn are powerful tools but the rewards are not without risk. Social media continues to grow and evolve leaving employers to wonder how their workplace could be affected by employee misuse. Scrutiny of workplace social media policies and new decisions are emerging monthly. In the last decade we have seen a rapid increase in cases involving social medial. Are you caught up on the latest developments?

This program will offer a review of the NLRB’s recent enforcement, examine subsequent decisions interpreting those guidelines and provide insights on crafting and implementing effective policies while safeguarding legal compliance. We will also review the use of “Bring Your Own Device” (BYOD) policies and explore the line between employers’ rights to know and employees’ rights to privacy. Join us at this informative session to address best practices for employers regarding social media and its use in the workplace.

Friday, October 16, 2020 (Eastern Daylight Time)

Legislative and Regulatory Review: Where We’ve Been and Where We [May] Go From Here

Speakers: Michael Lotito, Shareholder/Co-Chair, Workplace Policy Institute, Littler Mendelson P.C., James Paretti, Jr., Shareholder, Littler Mendelson P.C.

This session will feature an in-depth review of federal legislative and regulatory policy affecting employers and their employees. Topics covered include legislative relief enacted in response to the COVID-19 pandemic; a review of significant policy developments from the Department of Labor, National Labor Relations Board, and Equal Employment Opportunity Commission; updates on key court battles surrounding labor and employment matters nationally and in the states; and a preview of what the impact November’s election may have on labor and employment law and policy.


The Future of Full Service Restaurants: Finance, Real Estate and other Key Items

Speakers: Riley Lagesen, Shareholder | Greenberg Traurig LLP, Landes Taylor, Shareholder | Greenberg Traurig LLP, Kelsey E. Lam, Associate | Greenberg Traurig LLP

The pandemic has fundamentally changed the full service restaurant segment in the near term and, perhaps, forever. This session focuses on strategies in real estate (lease termination and renegotiation), financing (private equity and debt, PPP and other relief, commercial debt), and bankruptcy/restructuring, that brands are undertaking to make it through to the other side.

Closing Remarks

Speakers: Angelo I. Amador, Executive Director, Restaurant Law Center