Human Resources - HospitalityLawyer.com®

Protecting Executives Abroad with Kidnap & Ransom Insurance

by Jeffrey Schulman in Human Resources, Insurance & Loss Prevention, Safety & Security, Travel. Posted June 11, 2015

For most Americans, the notion of being kidnapped and held for ransom is nothing more than the plot to a good action movie. For international business travelers, wealthy, or high-profile individuals living and traveling abroad (or individuals perceived as such), however, kidnapping can be a very real threat. Kidnapping for ransom has historically been a ...

Employee Theft – Protecting More Than Property

by Andria Ryan in Human Resources, Insurance & Loss Prevention. Posted June 11, 2015

The problem of employee theft in hotels is an age-old problem. Businesses lose billion of dollars each year in employee theft. And hotels, by nature, present numerous opportunities for employee theft from guests and the house. Theft in a hotel can take many forms – from identity theft to credit card fraud to theft of ...

Why Would Employees Tease About Nooses In 2013?

by Howard Mavity in Human Resources, Legal. Posted June 9, 2015

It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s bad enough when one has to defend against fabricated allegations about racial slurs and name calling, ...

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 ...

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