01/17/2026
MS Portfolio Management and the Law Office of Melanie Soloman, PLLC have established business relationships with, now, three (3) restaurants in Milford where a combination of training/management and legal services are provided to assist the establishment in generating revenue, establishing a customer base, and avoiding/limiting liability.
The training module includes liquor license training, board of health regulation (CMRs) training, general premise liability and employee training. If you own an establishment in/around Milford and are interested in taking proactive measures to protect your investment, contact Melanie Soloman directly by DM through FaceBook or by telephone at (508) 808-4944 (law firm telephone number). If you are currently faced with a liquor license or Board of Health violation, contact Melanie to discuss the case prior to any hearing on the matter.
Among dozens of topics that are addressed with my clients, here is an example:
105 CMR 590.000 - In Massachusetts, non-employees should be restricted from kitchen access. This would include friends, patrons, family and others who have no involvement/employment with the establishment. Those in the kitchen should include the food handlers/cooks, dishwashers, and the passing of floor staff to access items needed in the front of house. Using the kitchen as a gathering area is deemed unsanitary and could result in contamination. Patrons who fall ill from unsanitary or contaminated conditions could potentially have a claim against the establishment. There mere presence of non-employees in the kitchen could also result in a visit from the Board of Health.
While the definition of employee in Massachusetts is quite broad, if the worker can complete the required tasks off-site, outside the normal course of business, and/or is free from the control of the internal operations, then the worker is not an employee and should be restrained from being in the "back of house", i.e., kitchen.
In addition to the sanitary and contamination concerns as articulated in 105 CMR 590.000, the establishment should be concerned about civil liability in the event that a non-employee is injured while in the back of house. Any condition, whether dangerous or not, that causes injury to a non-employee, will give rise to an injury based claim. Failing to implement policies to address non-employee access to the back of the house could result in the establishment's liability carrier dropping insurance coverage when the policy is due for renewal. If the non-employee is injured and the injury requires an emergency response from first responders, it is highly likely that the cause of the injury, i.e., non-employee located in a restricted area, would be reported to the Board of Health.
Stay tuned for more educational updates on the do's and don'ts in the food industry.
