Articles Posted by Post & Schell

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Liability for What Goes on behind Closed Doors: Sex Trafficking and the Hospitality Industry’s Privacy Tightrope

By Abraham J. Rein, Charles W. Spitz, Marc H. Perry  Earlier this month, the Philadelphia hotel Roosevelt Inn, its corporate parents, its New York management company, and an individual owner/manager of the hotel, were sued for allegedly allowing trafficking of sex involving a minor to take place on the hotel’s premises. The case – the first ...
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Department of Labor Announces Final Overtime Rule

by: Andrea Kirshenbaum Today the U.S. Department of Labor (DOL) formally announced its Final Rule which more than doubles the minimum salary threshold for “executive,” “administrative,” and “professional,” employees to qualify as exempt from overtime pay under the Fair Labor Standards Act (FLSA). The DOL estimates that the Final Rule, which will become effective on ...
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Social Media and the NLRA Lessons for Hospitality Employers

Social Media and the NLRA for Hospitality Employers Social media has endless and valuable opportunities for the hospitality industry. From “valuable marketing” to connecting on a more personal level with consumers, social media can make or break a brand. However, in order to “maintain a positive reputation” on a world-wide platform like Twitter, it is ...
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FCC Keeps Blocking Hospitality Wi-Fi Blocking

Late last year, the U.S. Federal Communications Commission took another enforcement step in its aggressive, ongoing campaign against Wi-Fi blocking — the practice of blocking unauthorized Wi-Fi hotspots that let consumers share mobile data access with other devices, like laptops and tablets — in hotels and convention spaces. It released a Notice of Apparent Liability ...
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DOJ’s New Appetite for Prosecuting Food Companies and Their Executives

By: Barbara Rowland and Yune T. Do With the recent disclosure by Chipotle Mexican Grill, Inc. (“Chipotle”) that it received a grand jury subpoena from the U.S. Attorney’s Office for the Central District of California relating to a norovirus outbreak among customers and employees at a Los Angeles-area restaurant, the federal government is reiterating its ...
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States’ Real ID Act Non-Compliance Could Impact Company Employees/Travel Agencies

By: Charles W. Spitz and Lisa N. Cialino The Real ID Act was passed by Congress in 2005 to set nationwide standards for the issuance of driver’s licenses and identification cards by establishing minimum security, authentication, and issuance procedures forall states. Under the law, federal agencies are barred from acceptingdriver’s licenses and identification cards issued ...
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FCC TAKES ON HOSPITALITY WI-FI MANAGEMENT AGAIN: MORE SANCTIONS, UNRESOLVED CONCERNS

co-authored by Abraham J. Rein & Charles W. Spitz On Monday, November 2nd, the Federal Communications Commission (FCC) took more enforcement steps in its campaign against Wi-Fi blocking – the practice of blocking unauthorized Wi-Fi hotspots that let consumers share mobile data access with other devices, like laptops and tablets – in hotels and convention ...
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Takeaways for the Hospitality Industry from FDA’s Draft Food Labeling Guidance

authored by: Barbara Rowland, Charles W. Spitz, and Abraham J. Rein The FDA has issued draft guidance regarding previously announced menu-labeling rules set to take effect on December 1, 2015. The scope of those rules, which require certain businesses to post nutrition information about food offered for sale, has raised questions for the hospitality industry. ...
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Best Practices for Mobile Device Data Security

In 2014, it became official: There now are more active mobile devices in the world than people, according to data compiled by GSMA Intelligence and the U.S. Census Bureau. The rise in mobile devices is not confined to personal use; mobile devices increasingly play an integral role in many business operations. We rely on mobile ...
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Recent Development in FTC vs. Wyndham Underscore Importance of Cybersecurity Vigilance in the Hospitality Industry

On Friday, March 27, the parties in FTC vs. Wyndham – a key data security case with the potential to deeply impact the hospitality industry’s cyber-security practices – filed special supplemental briefs that the Third Circuit Court of Appeals requested during oral arguments earlier in the month. A key question at issue in the case: is the industry ...
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