Human Resources - HospitalityLawyer.com®

Sixth Circuit Finds All Anti-retaliation Provisions are not Created Equal, but they are Legal Landmines

by Sara Jodka in Human Resources, Legal. Posted June 9, 2015

Generally speaking, employment-related retaliation laws prohibit employers from taking adverse actions against employees who engage in protected conduct, like complaining about discrimination or harassment, or for participating in a governmental investigation. There is no doubt anti-retaliation laws serve a good purpose, but did you know there are at least 40 different federal anti-retaliation laws? This ...

Improper Tip Pooling Targeted in Class Action Lawsuits

by Linda Enghagen in Hotel Development, Human Resources, Legal. Posted June 8, 2015

The use of class action lawsuits against large corporations over allegedly illegal tip pooling arrangements is increasingly common. This work examines the use of class action lawsuits for this type of lawsuit and analyzes two recent cases from Massachusetts and New York targeting the legality of Starbucks’ tip-pooling policy under the laws of each state ...

Let Me Take a Look at That Tattoo…

by Grace Horoupian in Food & Beverage, Human Resources, Legal, Lodging. Posted June 8, 2015

There is no question that tattoos, body piercings, and other forms of self-expression have become commonplace in modern society, especially among the Gen X and Gen Y demographic. As a result, employers have to deal with these issues in the workplace, even in companies that traditionally have had conservative dress and appearance expectations such as ...

Security in Bars, Taverns, And Nightclubs – It’s Not Just the Guards

by Donald Decker in Food & Beverage, Human Resources, Insurance & Loss Prevention, Safety & Security. Posted June 4, 2015

In many parts of countries around the world, the neighborhood bar provides a location for friends to gather. Taverns offer patrons a place to drink and dine. Night clubs offer a high energy atmosphere that combines dancing and the consumption of alcohol. Hotels, motels, and entertainment complexes often contain bars, taverns, and nightclubs. For the ...

Deep-Fried Discrimination Claim: Lisa T. Jackson v. Paula Deen, et al.

by Craig Cowart in Food & Beverage, Human Resources, Legal. Posted June 4, 2015

The whole country watched as celebrity chef Paula Deen was roasted over the lawsuit filed by a former general manager of a Deen-affiliated restaurant. Now that the media storm is starting to fade, what lessons can employers and human resources professionals learn from what happened? Keep reading for a recipe to keep you “out of the frying pan” ...

When is a Union Not a Union? When It’s a “Worker Center”

by Steve Bernstein in Food & Beverage, Human Resources, Legal, Lodging. Posted June 4, 2015

When the word union is thrown around everyone seems to cringe. Steve Bernstein walks us through the ins and outs of what “worker centers” concept. The fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, rallying around wages, benefits and other conditions. The strategy invoked by these so-called “worker centers ” (or ...

Managerial Exemption and Class Actions

by Colin Calvert in Human Resources, Legal. Posted June 4, 2015

On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class actions claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill battle. William Dailey v. Sears, Roebuck and Company. Background Sears operates several auto centers throughout the San Diego area. The auto centers ...

Love is in the Air: Workplace Romance Policies

by Ria Chattergoon in Human Resources, Legal. Posted June 4, 2015

Ria Chattergoon of Fisher & Phillips recently published an article titled “Love is in the Air” in our partner publication In the Mix. In this piece, she discusses some factors that lead to romantic attraction between employees, and the steps companies should take to ensure a relationship won’t end in litigation. Read More (Page 34)!

What Came First — Management Discipline or the Employee Complaint?

by Tillman Coffey in Human Resources, Legal. Posted June 4, 2015

You finally have decided to take the long overdue disciplinary action. Just before you do, the employee to be disciplined, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first you’ve heard of this problem. Is the complaint legitimate? What do you do? Continue with the planned disciplinary action? Put ...

Keeping Your Undocumented Employees Authorized for Employment

by Gregg Rodgers in Human Resources, Legal. Posted May 15, 2015

In today’s post, Gregg Rodgers, Chair of GSB’s Immigration Practice Group and member of our Hospitality, Travel & Tourism practice team, provides us with the latest updates regarding the federal processes that authorize employment for certain undocumented persons. In my previous blog post, I discussed how recent Presidential Executive Actions had made it possible for certain people who reside in ...

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