Human Resources - HospitalityLawyer.com®

Supreme Court Agrees To Wade Into Class Action Waiver Conflict

by Fisher Phillips in Food & Beverage, Human Resources, Legal, Lodging. Posted January 20, 2017

In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will provide clarity to a topic that has become increasingly muddled over the past year. Employers will spend the ...

Where Does Hotel Industry Joint Employment Liability End?

by Buchalter in Hotel Development, Human Resources, Legal, Lodging. Posted January 6, 2017

A big issue facing hotel owners is who is the employer—is it the owner or the manager, the franchisor or the franchisee, the client or the contractor? Who has the liability for employment claims? Many hotel owners today are real estate investment trusts, private funds, insurance companies and other institutional owners, which muddies dividing lines, ...

Establishing “Workweeks” For Exempt Employees

by John Thompson in Human Resources, Legal. Posted January 4, 2017

We have written previously about how important the “workweek” concept is in complying with the federal Fair Labor Standards Act’s minimum-wage and overtime requirements. An FLSA workweek is a fixed, regularly-recurring period of seven, consecutive, 24-hour periods that management expressly adopts for FLSA purposes. Employers must select and document at least one such workweek (or ...

Anticipating Trump’s Impact on Labor Relations in the Hotel Industry

by Dana Kravetz in Food & Beverage, Human Resources, Legal. Posted December 12, 2016

Unlike his oval office predecessor, President-elect Donald Trump is expected to limit federal labor and employment agency activism in wage and hour and other employment-related matters. Hotel owners and franchisors, which in recent months have experienced numerous workforce-related challenges, are likely to witness significant labor and employment policy shifts, a few of which are detailed ...

FLSA Exemption Changes and the Election

by Ted Boehm in Human Resources, Legal. Posted November 15, 2016

Many employers are wondering whether Donald Trump’s election means that they may now forget about the coming [exemption] changes in the federal Fair Labor Standards Act’s “white collar” definitions. The answer is clear: The election results do not suspend or reverse those changes. The Countdown Continues By their own terms, the new regulations are scheduled ...

White House Pushes for Ban on Non-Competes

by David Barron in Human Resources. Posted November 11, 2016

The enforceability of employee restrictions on competition has traditionally been up the states, with some, like California, largely banning such agreements, while others, like Texas, allowing them with reasonable limitations. On Tuesday, October 25, the White House took the unprecedented step of calling on state legislatures to ban non-competes […]. A news report on the ...

Medical Marijuana and the Workplace

by Heidi Quan in Human Resources, Legal. Posted November 7, 2016

Dazed and Confused: How Upcoming Ballot Measures and Cases of Interest Continue to Change the Legal Landscape around Marijuana California’s Compassionate Use Act (CUA) of 1996 decriminalized the use of marijuana for medicinal purposes. However, it did not legalize marijuana. It only shields medical users and caregivers from criminal liability. Recently, Governor Brown signed into ...

Social Media Policies Help Limit Liability

by Michelman Robinson in Hotel Development, Human Resources, Lodging. Posted October 11, 2016

A thorough policy helps define what your employees can and can’t say about the company on social channels. As a hotel executive, imagine that one of the managers you oversee shares that an employee is disparaging you and the company on Twitter. You jump online to find a member of your staff posted the following ...

Accommodating Transgender Guests in Hotel Restrooms, Locker Rooms Is a Balancing Act

by Fisher Phillips in Human Resources, Legal, Lodging, Travel. Posted August 5, 2016

If you work in the hospitality industry, you no doubt realize that for all of the hotel rooms around the globe, there is no room for discrimination. Claims of bias can have devastating consequences on a brand as well as rippling economic effects. To put that into perspective, the NBA’s recent decision to pull its ...

Time to Act – Employers Have Fewer than Six Months to Comply With New Federal Overtime Exemption Rule

by Buchalter in Human Resources, Legal. Posted July 13, 2016

By: Paul Bressan and Ruth Seroussi On May 18, 2016, the United States Department of Labor (“DOL”) announced its much-anticipated final overtime exemption rule under the Fair Labor Standards Act (“FLSA”), as tasked to do by President Obama in 2014. The DOL received more than 270,000 comments since it published its Notice of Proposed Rule ...

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