DOL Sets its Sights on the Hospitality Industry – Exemptions, Independent Contractors and Other Compliance Challenges
Gone are the days of federal government outreach to employers and providing education and compliance assistance. As a result, the risk of US Department of Labor investigations and large penal-ties has increased substantially especially for hospitality employers. The DOL considers hospitality to be a “high risk” industry for wage and hour violations because the industry employs large numbers of “vulnerable” employees (younger workers, temporary workers and seasonal workers) who are not likely to complain and because the industry is what the DOL calls a “fissured industry” by which it means the industry is dominated by arrangements (such as franchises and management agreements) which results – in the DOL’s opinion – in the dilution of both the relationship between employer and employee and the responsibility for compliance with employment laws. This session will help you understand the DOL’s current enforcement positions and provide you with practical solutions to address these challenges.
The “Reptile Theory” (Ball and Keenan, 2009) is flourishing in trial courts across the country. This technique/strategy focuses the discovery and trial of a case on the defendants’ behavior (rather than the traditional attempt to engender sympathy for the plaintiff). The fixation of the prosecution is on anger and the idea is to make jurors believe the worst about a defendant, typically a company, and its record of safety. Hospitality entities are not immune from the crosshairs of plaintiff’s counsel employing this strategy. Attend this presentation to learn more about Reptile Theory and its expansion into all parts of the United States and find out about strategies to effectively combat the same from discovery to trial.
The session will discuss information on short-term rentals (STRs) and implications for both the lodging industry and local governments; firearms legislation and recent regulation; police activity and request for hotel records in hotels in light of Patel v. Los Angeles; FTC regulation of resort fees and other hotel charges; and trends in hotel taxes usage and economic development.
Explore recent decisions by EU member states’ competition authorities and legislatures re parity and the enforceability of OTA parity requirements and OTA responses to date re the same. The moderator will discuss the practical contracting implications of these recent rulings and where parity may be going in the future.
Overview of the deal terms in modern management agreements, discussion of key negotiating points and a review of recent legal issues and possible areas of contention. This will be an interactive session with attendee participation.