Restaurants and COVID-19: Pillsbury Partners Weigh In on Reopening Risks

"Restaurants reopening for dine-in service should carefully review state and local guidance with respect to how they operate,” Bonnington and Weber explained. “It is entirely possible we will see litigation stemming from an allegation that a restaurant is not complying with state or local orders.”

“There is a risk of discrimination and retaliation claims based on choices employers make as to who to rehire and not rehire,” the partners added. “If workers in protected groups, such as those based on race, gender, age or similar characteristics, are not rehired at the same rate they were represented prior to COVID-19 layoffs, there can be discrimination claims based on the failure to rehire the employees.”

"Restaurateurs need to be aware of new laws that have gone into effect since the closure,” Bonnington and Weber concluded. “The Family First Coronavirus Response Act, which applies to employers with less than 500 employees, provides paid time off for employees who have the coronavirus, are caring for someone with coronavirus or who need to be home from work to take care of a child because day care or schools are closed.”