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In arguably the most far-reaching move of the COVID-19 pandemic, the Biden administration announced [earlier this month] that federal workplace safety officials will soon issue a rule that will require all employers with 100 or more employees to either ensure their workers are vaccinated or require unvaccinated employees to produce a weekly negative test result before coming to work.
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Delivering Hospitality Legal and Safety News to the Food & Beverage Industry

September 2021
 
HospitalityLawyer.com's Converge Newsletter
 
5-Step Plan for Employers After President Biden Announces Workplace Vaccine Mandates
vials of vaccine and a syringe
September 25, 2021 via Converge Blog

In arguably the most far-reaching move of the COVID-19 pandemic, the Biden administration announced [earlier this month] that federal workplace safety officials will soon issue a rule that will require all employers with 100 or more employees to either ensure their workers are vaccinated or require unvaccinated employees to produce a weekly negative test result before coming to work. Businesses will also be required to give workers paid time off to get vaccinated and to recover from any vaccine side effects as part of the forthcoming emergency rule expected from the Occupational Safety and Health Administration (OSHA). (Editor’s Note: On a September 10 webinar, Labor Department officials stated that while employers must provide paid time off for employees to receive and/or recover from the vaccine, employers could require employees to use their existing paid time off for this purpose.) The announcement was part of the Biden administration’s “Path Out of the Pandemic,” which outlines a six-pronged, comprehensive national strategy to combat COVID-19, which also includes vaccine mandates for federal contractors (discussed here) and many additional healthcare workers, and providing further access to federal financial assistance. Here is a summary of the expected rule along with a five-step action plan you can implement immediately.

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Ahead of Fire Prevention Week—Is Your Restaurant Safe?

September 29, 2021 via FSR Magazine
Ahead of this year’s Fire Prevention Week, October 3–9, Society Insurance has put together top tips for restaurants to better protect their building, staff, and patrons, including by properly maintaining cooking equipment, avoiding flaming shots, creating safer smoking controls, and implementing the safety procedures recommended by industry experts.
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Lawsuit Alleges Pappasito’s Cantina Overserved Tesla Driver Involved in Massive Crash

September 29, 2021 via Eater
The lawsuit alleges that prior to the crash, staff at a Pappasito’s Cantina knowingly over-served the Tesla driver, who is not named in the suit. The case, filed in Harris County on Monday, September 27, also alleges that a failure of Tesla’s Autopilot feature was a major contributing factor in the crash.
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DOL Plans To Cut Restaurants Less Slack On Tip Theft

September 23, 2021 via Restaurant Business
The U.S. Department of Labor intends to show less patience with restaurateurs and other employers who dip into employees’ tips, announcing Thursday that it will level penalties of up to $1,100 even if the money was pocketed inadvertently in a single lapse.
 
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One Restaurant Operator’s Business Interruption Lawsuit Is Headed To Trial In A Landmark Case
September 23, 2021 via Nation's Restaurant News

A landmark business interruption claims case is going to trial after a Kansas City judge upheld his ruling on Tuesday that the Missouri-based restaurant/brewery group K.C. Hopps sustained “direct physical loss or physical damage during the pandemic.”

While there have been many similar lawsuits filed by businesses against insurance companies over the past year and a half, most of them have been dismissed. In fact, according to a case tracker created by the University of Pennsylvania Law School, less than 2% of the 600+ tracked COVID-19-related business interruption cases have granted the insurance policyholder a motion summary judgment. More than 80% of these cases have been dismissed by courts.
 
 
 
 
 
 
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