The Learned Concierge - November 2026, Vol. 33

The Learned Concierge

Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries.

View previous issues and sign up to receive future newsletters by email here.

 

Cybersecurity

The Monthly Rundown of All Things Cyber, Privacy, and Technology  

Click here to read the Right to Know – October 2026, Volume 46  

October is Cybersecurity Awareness Month – It’s a Good Time to Update Your Training 

David Ries and Melissa Ventrone authored an article, “October is Cybersecurity Awareness Month – It’s a Good Time to Update Your Training.” 

Cybersecurity Awareness Month is a reminder that employees at every level play a critical role in protecting an organization from cyber threats. While traditional email phishing is declining as an initial attack method, threats are evolving, with voice and text phishing becoming increasingly common. Human involvement remains a significant factor in cyber incidents, making ongoing employee awareness and training essential. 

Organizations should use this opportunity to refresh cybersecurity training and review their programs against evolving threats, regulatory requirements, and industry standards. Key practices include reducing attack surfaces, replacing unsupported devices, preparing for rapid recovery, and reinforcing four basic habits: using strong passwords and password managers, enabling multifactor authentication, recognizing and reporting scams, and keeping software updated. 

Cybersecurity is not solely an IT responsibility. Building consistent, everyday security awareness across the organization can help reduce vulnerabilities and strengthen overall resilience. 

Hospitality Security Leaders Identify AI as a Leading Cyber Risk 

An October report from the Retail & Hospitality Information Sharing and Analysis Center found that 71% of surveyed security leaders identified AI as a leading source of friction. Key concerns included data leakage through public AI tools, shadow-AI use, and insufficient governance. Retailers, hotels, restaurants, and consumer-facing businesses should review employee AI policies, vendor access to customer data, loyalty-program integrations, and controls governing AI-enabled pricing and guest-service tools. Click here to read more. 

ESG & Sustainability

Textile Waste Reduction Act Introduced 

The proposed Textile Waste Reduction Act would direct the EPA to develop a national strategy for reducing textile waste and advancing a more circular textile economy. The legislation calls for improved textile-waste data, greater federal coordination, identification of funding opportunities, and recommendations for policies and investments that support textile reuse and circularity. 

If enacted, the legislation could help shape future federal policy around textile waste and circularity, an increasingly important issue for apparel retailers, fashion brands, manufacturers, and other companies managing textile products and waste. Retailers should monitor the proposal as federal policymakers consider a more coordinated approach to textile reuse, recycling, and waste reduction. Click here to read more. 

Food Labeling

What “Regenerative” Food Labels Mean for Consumers 

“Regenerative” Claims Face Growing Scrutiny: As “regenerative” increasingly appears on food and agricultural products, Consumer Reports cautions that the term has no legal definition or government regulatory standard, meaning the claim may not guarantee specific environmental benefits. For retailers, restaurants, food manufacturers, and consumer brands, the trend highlights the importance of carefully evaluating sustainability-related sourcing, labeling, and marketing claims to ensure they can be substantiated and do not create unnecessary legal or reputational risk. Click here to read more. 

California Passes Non-Ultra Processed Food Label 

California has established the nation’s first state-backed voluntary “non-ultra processed certified” label, giving qualifying food companies a new way to identify products as non-UPF while federal regulators continue to consider how ultra-processed foods should be defined. For food manufacturers, restaurants, retailers, and consumer brands, the development signals growing regulatory and consumer attention around food processing, nutrition, labeling, and related marketing claims. 

Companies should monitor how California’s approach develops and consider potential implications for product formulation, packaging and labeling, marketing claims, and consumer expectations, particularly if similar initiatives emerge in other jurisdictions. Click here to read more. 

Food Safety & Regulation

FDA Proposes Food Traceability Relief for Smaller Businesses 

The U.S. Food and Drug Administration proposed enforcement discretion under the Food Traceability Rule for certain restaurants and retail food establishments with average annual food sales above $250,000 but not more than $1 million, adjusted for inflation. If finalized, the policy could reduce compliance burdens for qualifying restaurants, grocers, and food retailers. Businesses should determine whether they qualify while continuing to evaluate applicable supply-chain and contractual traceability requirements. Click here to read more. 

Franchising

FTC Settlement with Premier Martial Arts Franchisor and Franchise Sales Organization: Key Takeaways 

Earsa Jackson and Elena Mak authored an article, “FTC Settlement with Premier Martial Arts Franchisor and Franchise Sales Organization: Key Takeaways.” 

The FTC alleges that Premier Franchising Group and Franchise Fastlane deceptively marketed Premier Martial Arts franchises by overstating profitability and promoting them as “semi-absentee” opportunities. More than 200 consumers paid franchise fees of at least $49,500, often with substantial additional costs.  

Under the proposed settlements, the companies would provide approximately $1.85 million in monetary relief. Franchise Fastlane would pay $1.2 million and face restrictions on future earnings, profitability, and owner-involvement claims.

The case underscores FTC scrutiny of earnings and “semi-absentee” claims and highlights potential Franchise Rule exposure for both franchisors and third-party franchise sales organizations. 

Immigration

October 2026 Visa Bulletin: Tricks and Treats to Start the New Fiscal Year 

Jennifer Drugay Cook authored an article, “October 2026 Visa Bulletin: Tricks and Treats to Start the New Fiscal Year.” 

The October 2026 Visa Bulletin brings a mixed outlook for U.S. employers sponsoring foreign national employees for permanent residence. While several employment-based categories advanced, including EB-1 for individuals born in India and China, other categories experienced new or continued backlogs, particularly EB-2 and EB-3. For retail, hospitality, and food & beverage companies competing for global talent, these shifting timelines may affect recruitment, retention, and long-term workforce planning. Employers should continue to plan immigration sponsorship proactively and monitor visa availability for employees in the permanent residence process.

September 2026 Outbound Immigration and Global Mobility Recap | APAC 

Lisa Atkins authored an article, “September 2026 Outbound Immigration and Global Mobility Recap | APAC.”  

Recent immigration changes across Australia, China, Japan, New Zealand, and Singapore could affect employers and globally mobile employees. Key developments include revised skilled-visa priorities and broader migration reforms in Australia, expanded entry and exit restrictions in China, higher residence permit extension fees in Japan, new skilled migration and post-study work rules in New Zealand, and Singapore’s new AI and Technology work pass. Employers should review upcoming assignments and pending applications for potential impacts. 

September 2026 Outbound Immigration and Global Mobility Recap | Americas 

Lisa Atkins and Alexander Witt authored an article, “September 2026 Outbound Immigration and Global Mobility Recap | Americas.” 

New immigration developments across Canada, Brazil, Mexico, and Venezuela may affect international assignments and workforce planning. Changes include stricter Canadian employer requirements, expanded digital visa processing in Brazil, significant processing delays in Mexico, and a new Venezuelan visa option for qualifying short-term professional assignments. Companies with employees moving throughout the region should factor these changes into upcoming travel, hiring, and assignment plans.

September 2026 Outbound Immigration and Global Mobility Recap | EMEA 

Lisa Atkins and Josefina Botero authored an article, “September 2026 Outbound Immigration and Global Mobility Recap | EMEA.” 

Employers with global workforces should be aware of several immigration and mobility developments across Europe, the Middle East, and Africa. Key changes include continued Schengen border controls and potential travel delays, new UK sponsor compliance requirements, proposed immigration and citizenship reforms in Spain and Ireland, and a new work permit pathway in Denmark. Saudi Arabia is expanding Saudization requirements for certain roles, while Angola has introduced online visa processing. Companies should review upcoming international travel, assignments, and hiring plans for potential impacts. 

International Trade & Supply Chain

CBP Guidance Raises the Bar for Forced-Labor Due Diligence 

The U.S. Customs and Border Protection consolidated its forced-labor enforcement guidance, outlining how the agency handles detentions, exclusions, seizures, and review requests under the Uyghur Forced Labor Prevention Act and other authorities. Retailers, apparel companies, food and beverage businesses, and consumer-product importers should map suppliers beyond the first tier, preserve origin documentation, and include traceability and audit obligations in supplier contracts. Click here to read more. 

Labor & Employment

Federal Contractor Tipped Wage Will Rise to $9.85 in January 

The U.S. Department of Labor announced in October that workers performing work on or in connection with federal contracts covered by Executive Order 13658 must generally receive at least $14.05 per hour beginning January 6, 2027. The minimum cash wage for covered tipped employees will rise to $9.85 per hour. The notice applies to certain federal contracts entered into between January 1, 2015, and January 29, 2022, that were not renewed or extended on or after January 30, 2022.  

Restaurant, concession, hospitality, and food-service operators with federal contracts should determine whether their contracts fall within the notice’s defined coverage, identify employees performing covered work, and update payroll before January 6. Employers should also compare the federal-contract rate with applicable state and local requirements, including more protective tipped-employee rules.  Click here to read more. 

DOL Formally Withdraws the “80/20” Guidance for Tipped Employees 

On Oct. 19th, the U.S. Department of Labor withdrew its former “80/20” guidance for tipped employees, shifting the federal focus from percentage-based limits to whether non-tipped duties are related to the employee’s tipped occupation. Restaurants and hospitality employers using the tip credit should review their side-work practices. Click here to read more. 

EEOC Rescinds Criminal-Background Screening Guidance 

On Oct. 29th, the EEOC rescinded its 2012 enforcement guidance on employers’ consideration of arrest and conviction records. The rescission was immediately effective, but the agency emphasized that Title VII continues to prohibit race and national-origin discrimination. Click here to read more.

This publication is intended for general informational purposes only and does not constitute legal advice or a solicitation to provide legal services. The information in this publication is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel. The views and opinions expressed herein represent those of the individual author only and are not necessarily the views of Clark Hill PLC. Although we attempt to ensure that postings on our website are complete, accurate, and up to date, we assume no responsibility for their completeness, accuracy, or timeliness.