Jordan Schwartz - HospitalityLawyer.com®

Federal Court Vacates FTC’s Non-Compete Rule

by Jordan Schwartz in Human Resources, Legal. Posted September 10, 2024

As readers of this blog know, this past Spring, the Federal Trade Commission (FTC) issued its final Non-Compete Clause Rule (the “Non-Compete Rule”) in late April 2024, purporting to ban nearly all employment-related non-compete agreements. Under the Non-Compete Rule, which was scheduled to take effect on September 4, 2024, an employer generally would have been prohibited from entering or ...

New Website Accessibility Rule to Go into Effect

by Jordan Schwartz in Legal, Technology. Posted May 21, 2024

On Monday April 8, 2024, Attorney General Merrick Garland signed the final rule under Title II of the Americans with Disabilities Act (ADA) to ensure the accessibility of web content and mobile applications (apps) for people with disabilities. This final rule clarifies the obligations of state and local governments to make their websites and mobile ...

FTC Finalizes Non-Compete Rule – Prohibiting All New Non-Compete Agreements

by Jordan Schwartz in Human Resources, Legal. Posted May 14, 2024

As many of you may have heard by now, on April 23, 2024, almost exactly one year after it set forth its Proposed Rule regarding Non-Compete Clauses, the Federal Trade Commission (FTC) issued a pre-publication version of its final Non-Compete Clause Rule (the “Final Rule”). Barring judicial interference, the Final Rule will likely go into effect in ...

Court Stresses the Need for a Business to Provide an Accessibility Statement on its Website

by Jordan Schwartz in Food & Beverage, Legal, Lodging, Technology. Posted January 23, 2020

In 2018 and 2019, there were approximately 5,000 federal lawsuits filed against hotels, restaurants, stores, and other places of public accommodation alleging that their websites violated Title III of the Americans with Disabilities Act (“ADA”). In all likelihood this number of lawsuits will increase in 2020 now that the U.S. Supreme Court has declined to ...

Tips, Service Charges, and Automatic Gratuities Continue to Cause Problems for Employers

by Jordan Schwartz in Human Resources, Legal. Posted November 22, 2018

Hospitality employers nationwide continue to be hit with class action lawsuits alleging failure to properly pay/distribute tips, as well as failure to correctly characterize service charges and automatic gratuities. These lawsuits have the potential to result in verdicts or settlement amounts more costly than virtually any other employment-related matter. As a result, it is important to ...

New Wave of ADA Website Lawsuits

by Jordan Schwartz in Insurance & Loss Prevention, Legal, Lodging, Technology. Posted June 5, 2018

Recently, there have been a slew of lawsuits filed across the country alleging that owners and operators of hotels and other places of lodging are using websites that violate the Americans with Disabilities Act (“ADA”). These lawsuits are different than the wave of lawsuits and demand letters sent to so many hotels and other places ...

Businesses Should Prepare For Predictive Scheduling Laws

by Jordan Schwartz in Food & Beverage, Human Resources, Legal. Posted September 5, 2017

Last month, Victoria’s Secret agreed to pay $12 million to settle a class action lawsuit in California brought by hourly employees that were denied pay as a result of the store’s use of on-call shift scheduling. In that lawsuit, the employees relied on a California law requiring employees, who report for work on a scheduled ...

A New Trend — States Banning Questions Regarding Salary

by Jordan Schwartz in Human Resources, Legal. Posted May 24, 2017

In light of the current political climate and the corresponding lack of legislation being enacted at the federal level, some of the more liberal states and localities have begun to take matters into their own hands and enact their own legislation. One trend that is starting to gain significant momentum is in the field of ...

Articles Posted by Jordan Schwartz