Monthly Archives: October 2012

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THE “EMPLOYMENT” RIGHTS OF AN OWNER/EMPLOYEE OF A MASSACHUSETTS RESTAURANT

Law Offices of John P. Connell, P.C.:   In Massachusetts, it is common that owners of restaurants will work for their restaurant business and be paid as an employee for such services as cooking or management, in addition to having an ownership interest in the profits and losses of the business.  The owner/employee often times receives a regular paycheck for his Continue Reading...
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UNITED STATES DEPARTMENT OF LABOR CRACKS DOWN ON MASSACHUSETTS RESTAURANT INDUSTRY

Law Offices of John P. Connell, P.C.:  An alarming trend emerging in the restaurant industry is the vigor shown by governmental agencies and plaintiff’s lawyers that restaurant owners are allegedly exploiting their employees by misclassifying some of their “employees” as “independent contractors” in violation of the law, which can cause significant fines from governmental authorities and significant damages for plaintiff’s Continue Reading...
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PROTECTING YOUR RESTAURANT’S NAME

Law Offices of John P. Connell, P.C.:  There are multiple levels of protection you can seek to secure the name of your restaurant or establishment.  The first level of protection, though slight, is the least expensive and least burdensome to attain.  It comes from an establishment’s registered “doing business as” (d/b/a) certificate, which is required by law for every business Continue Reading...
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WILL A NEW STATE BILL “CHOKE” SMALL RESTAURANTS?

Law Offices of John P. Connell, P.C.:  In Massachusetts, any restaurant with a seating capacity of 25 persons or more must have on premises, while food is being served, an employee trained to render assistance to any patron who is choking. M.G.L. c. 94, s. 305D; 105 CMR 590.009(E).  Though little known, this law was established in 1980.  On October Continue Reading...
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COMMON REASONS WHY APPLICANTS FOR POURING LICENSES ARE DISQUALIFIED

Law Offices of John P. Connell, P.C.:  A nightclub, hotel, restaurant or other establishment may obtain a “pouring license,” or general on-premises license, which authorizes the sale and consumption of alcoholic beverages on premises under M.G.L. c. 138, s. 12. Depending on whether the applicant is an individual, a partnership or a corporation, there may be different restrictions governing the Continue Reading...
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