Human Resources

Understanding and Complying with Transgender/Gender Identity Issues for the Hospitality Workplace

In a highly publicized dispute, the Supreme Court will [have heard] arguments this fall from advocates and opponents to ultimately determine whether federal law, in particular Title VII of the Civil Rights Act, protects transgender employees from discrimination based on their gender identity.1 Along with two other cases concerning the LGBTQ community, the Supreme Court ...
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Company Hotline & Incident Management Benchmarking: How Does Your Program Compare?

Encouragement of internal misconduct reporting is on the rise for public and private businesses and organizations of all sizes, and whistleblower protection laws across the globe are being strengthened. See how employees are voicing their concerns today and what companies are doing to address them. Reporting Channels According to the Association of Certified Fraud Examiners ...
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The Recent Rise Of Predictive Scheduling Laws: Emerging Strategies In An Evolving Area

For decades, the problem of scheduling has plagued employers and employees alike. Employees prefer predictable and reliable schedules, while employers need flexibility. To address this tension, regulators have recently begun to pass predictive scheduling laws that seek to strike a tenuous balance between these interests. Given the recent rise in popularity of these laws, it ...
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On the Basis of Personal Appearance

As you know, Title VII of the Civil Rights Act of 1964 (Title VII) is one of the principal federal statutes prohibiting employment discrimination. It prohibits discrimination on the basis of race, color, national origin, religion, and sex (including gender and pregnancy). Other federal statutes that prohibit employment discrimination include Title I and Title V ...
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Developing a New Approach to Harassment Prevention in the Era of #MeToo

Based upon 25 years of litigating harassment claims, and more than 20 years of training managers on harassment avoidance, I have reached a simple, and perhaps obvious, conclusion – that is, the “traditional” anti-harassment training used by most employers simply do not work. Whether training occurs online or in person, it almost always starts with ...
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If The Shoe Fits: How Footwear Policy May Lead To Wage And Hour Violations

Hotel and restaurant employers commonly require employees to wear uniforms, some as simple as a shirt with company logo, others requiring a more complete look: jacket or blouse and pants or skirt, or dress. Some employers, however, fail to consider the consequences of imposing the cost of the uniform on an employee. Under the federal ...
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A Discussion of Recent ADA and FMLA Cases and Their Practical Implications

Agency Updates: In 2018, the Department of Labor released two significant opinion letters demonstrating its interpretation of the Family and Medical Leave Act. In FMLA2018-2- A, the DOL determined that an organ donor is entitled to FMLA leave when the donation involves either inpatient care or continuing treatment. In FMLA2018-1-A, the DOL clarified how employers ...
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Canadian Employment Laws

If you operate a hotel anywhere in Canada, you need to consider employment-related laws in the province or territory where the hotel is located. The following is a summary of some important differences between U.S. and Canadian laws. No “Employment at Will”The U.S. concept of employment at will does not exist in Canada. In Canada, ...
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Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude of federal laws on the topic (not to mention laws passed by some ...
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