Human Resources - HospitalityLawyer.com®

California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims

by Paul Bressan in Human Resources, Legal. Posted August 7, 2018

On July 26, 2018, the California Supreme Court issued a decision entitled Douglas Troester v. Starbucks Corporation, No. S234969, which should be of concern to all California employers. The specific issue was whether, in tracking the compensable time of its non-exempt employees, Starbucks could ignore minutes that they spend closing up after they clock out ...

The Most Easily-Remedied Mistakes F&B Employers May Not Know They Are Making

by Paul Denney in Food & Beverage, Human Resources, Legal, Risk Management. Posted July 21, 2018

INTRODUCTION. Restaurateurs spend months (and sometimes years) working with attorneys and other professionals preparing to open, dedicating countless hours to paperwork-intensive processes such as corporate formation, leases, permits, and the like. Unfortunately, by the time they are ready to hire employees and open their doors, they often do not cross the finish line with the ...

The Not-So-Happy Hour: Preparing for Investigations & Subpoenas in Light of #metoo & More

by Matthew Feinberg in Human Resources, Legal, Lodging, Risk Management. Posted July 10, 2018

Since the last Presidential election campaign began approximately two years ago, there has been a significant public focus on sexual harassment, income inequality, crimes against women, public corruption, and the income gap. Sexual harassment claims have skyrocketed in the wake of the #metoo movement, with some states reporting as much as 400% increases in claim ...

“Hands Off, Pants On” When Guests Sexually Harass Your Hotel Employees

by Darin Mackender in Human Resources, Insurance & Loss Prevention, Legal, Lodging, Risk Management. Posted June 26, 2018

In an April 2016 survey of 400 Chicago-area women working at hotels, nearly 50 percent indicated that they have had a guest answer the door naked, expose themselves, or were otherwise flashed. Worse yet, 1 in 10 said they had been kissed, grabbed, pinched, or groped by a guest. Hotel employees reported incidents in which they were ...

Hiring Minors in the Heat of the Summer: What Employers Need to Know

by Natasha Banks in Human Resources, Legal. Posted June 2, 2018

Summertime is quickly approaching and ’tis the season for beach vacations, fun in the sun, and summer hires—many of which will be under the age of 18 years old. In anticipation of summer hires, employers may want to familiarize themselves with the federal laws outlining child labor restrictions. Under the Fair Labor Standards Act (FLSA), ...

A Step-By-Step Guide To Terminating Employees For Theft (Part One)

by Edward Harold in Human Resources, Insurance & Loss Prevention. Posted May 24, 2018

There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016, the university found that the percentage of shrink caused by employee theft was “only” 30 percent. The bad news: ...

Cal/OSHA Compels Hospitality Employers to Clean Up Their Act, Ergonomically Speaking

by Conn Maciel Carey in Human Resources, Legal, Lodging. Posted May 22, 2018

Musculoskeletal disorders (MSDs) are the single most common type of work-related injury, but federal OSHA has struggled for decades to develop a coherent regulatory and/or enforcement strategy to address the hazards that cause these ergonomic injuries. Where federal OSHA fell short, the State of California has picked up the slack, with Cal-OSHA recently finalizing a ...

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

by Charles Spitz in Food & Beverage, Human Resources, Legal, Lodging, Risk Management. Posted May 19, 2018

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 ...

Workplace Violence Fatalities Up in 2016

by John Ho in Human Resources, Insurance & Loss Prevention, Risk Management, Safety & Security. Posted April 26, 2018

The Bureau of Labor Statistics recently published workplace fatality statistics for 2016 showing a 7-percent increase from 2015. Within this increase, workplace violence and other injuries by persons or animals increased 23 percent to become the second-most common fatal event in 2016. This increase represents an additional 163 cases to 866 in 2016. Workplace homicides ...

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

by Edward Harold in Food & Beverage, Human Resources, Insurance & Loss Prevention, Legal, Risk Management. Posted January 16, 2018

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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