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Beware of the ICE: Hospitality and Retail Industries Need to Prioritize Immigration Compliance

From the beginning of his Presidency, immigration compliance has been a top priority for President Trump. This has included the removal from the U.S. of individuals that U.S. Immigration and Customs Enforcement (ICE) terms “higher priority.” While ICE’s enforcement efforts have included a variety of methods and venues, an expansion into worksite enforcement has also ...
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Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory company employees, cleaning crews, security guards, and delivery personnel. Whether you could be liable as a retailer for the conduct of one of ...
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Surf’s Up! Don’t Become The Next Victim Of A Surfing Suit

The past few years have seen a steep increase in litigation brought against hospitality businesses under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of a building, bathroom, or parking lot do not comply with the ADA’s detailed standards and regulations. With the goal of creating a ...
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Security in Bars, Taverns, and Nightclubs

In many parts of countries around the world, the neighborhood bar provides a location for friends to gather. Taverns and restaurants offer patrons a place to drink and dine. Nightclubs offer a high energy atmosphere that combines dancing and the consumption of alcohol. Hotels, motels, and entertainment complexes often contain bars, taverns, restaurants and nightclubs. ...
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Defending Trade Secrets In The Gig Economy

Waking up to news of another major data breach seems to have become a daily routine. On the front pages and cable news, we hear about hackers, rogue governments, and shadowy figures involved with these data breaches. But too often we overlook the fact that most data breaches are not the stuff of Tom Clancy ...
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Businesses Should Prepare For Predictive Scheduling Laws

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 ...
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Where ‘Natural’ Takes on A Whole New Meaning

The term “natural” in the food and beverage industry has long been an effective selling point as U.S. consumers look to live healthier lifestyles. An issue, however, arises when the term is deployed to entice consumers, regardless of whether the product is in fact “natural” as an average person would understand the term. On that ...
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Mislabeled Food Products Risk Allergic Reaction

About 80 percent of all food products are regulated by the Food and Drug Administration (FDA). The U.S. Department of Agriculture (USDA) regulates meat, poultry and egg products. Both agencies have regulations governing food production, labeling and recalls. Rarely does a week go by without reports of a food recall. The number of annual recalls ...
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Franchisors: Protecting Trade Secrets Under Texas Law

Franchisors frequently face this common scenario: upon termination or expiration of a franchise agreement, the franchisee leaves the system with the franchisor’s confidential information and trade secrets and – worse – attempts to use that information in a competing business. Confidential information – including secret recipes, proprietary processes and customer lists – is the lifeline ...
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FDA Will Begin Enforcing Menu Labeling Requirements in Less Than Two Months: Covered Establishments Must be Prepared

After many delays, the U.S. Food and Drug Administration is slated to begin enforcing its menu labeling rule on May 5, 2017. The Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments rule, codified at 21 CFR 101.11, applies to retail food establishments with twenty (20) or more locations. ...
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