Human Resources - HospitalityLawyer.com®

Public-Private Partnerships and the Hospitality Industry

by Lawrence Bartelemucci in Hotel Development, Human Resources, Lodging. Posted April 10, 2015

Public-private partnerships (P3s) are not a new phenomenon, but they are an expanding and increasingly necessary one. As local governments compete with each other for tourism dollars and a finicky and demanding workforce, the hospitality industry has become a focus of potential P3s as a way to revitalize fatigued districts and compete with the city ...

DOL Issues Final Rule Providing FMLA Rights to All Workers in Legal Same-Sex Marriages

by Victoria Zeller in Human Resources. Posted March 16, 2015

The Department of Labor issued its Final Rule on Family Medical Leave Act (FMLA) rights on February 25, joining the Internal Revenue Service in adopting the “place of celebration”/“state of celebration” test. By virtue of this change, FMLA rights now extend to all workers in legal same-sex marriages regardless of the law of the state ...

How Does the NLRB’s Ruling on Non-Business Use of Email Affect Your Business?

by Victoria Slade in Human Resources. Posted March 4, 2015

As you may have heard, the NLRB recently ruled that employees who are given access to their employer’s email system for their jobs must be permitted to use that email system during nonworking time to engage in protected activity, such as forming a union or discussing terms and conditions of employment. This ruling applies to ...

Sick Leave for Restaurant Workers Necessary for Food Safety

by Fred Pritzker in Food & Beverage, Human Resources, Safety & Security. Posted January 30, 2015

The history of food safety, corporate irresponsibility, and workers’ rights is long and tortuous (as well as tortious). From the days of Upton Sinclair (rotten and diseased meat), unpasteurized and tuberculosis-laden milk, all the way through the present, the dangers of unsafe food have been compounded by improperly trained and poorly paid food workers. In ...

Hospitality Industry Remains in the Cross Hairs of Department of Labor Following Wage Violation Study

by Andrea Kirshenbaum in Food & Beverage, Human Resources, Legal, Lodging. Posted December 26, 2014

A December 2014 study of the effects of minimum wage violations commissioned by the U.S. Department of Labor (DOL) found associated violations to be “concentrated in the leisure and hospitality industry” and “most prevalent in the service occupations.” The study analyzed the financial and economic impact of minimum wage violations in California and New York on such areas ...

Top 10 Technology Blunders for Employers

by Robin Shea in Human Resources, Technology. Posted December 18, 2014

I’d like to thank Sarah Phaff of our Macon, Georgia, office, who wrote this post with me. As one who presumably has no nude selfies, you may not be too concerned about a “hack” like the one that continues to afflict celebrities like Jennifer Lawrence and Kate Upton. But that doesn’t mean there aren’t still plenty of ...

Employment Law Toolkit for Cross-Border M&A Deals

by Don Dowling in Human Resources, Legal. Posted November 23, 2014

Some years ago, a leading London corporate lawyer told The New York Times that in “merging two regular companies…you just do it and sort out the people issues afterwards.” (A. Sorkin, “A Lawyer’s Lawyer: Bridging Borders,” March 26, 2000) If that was ever true, it no longer is. In any merger or acquisition between two employers, especially in ...

How to Avoid the EEOC’s Radar

by Norasha Williams in Human Resources. Posted October 28, 2014

The Equal Employment Opportunity Commission’s (EEOC’s) statistics about employment discrimination continue to demonstrate a trend of increased charge filing and litigation with the agency. And, in the wake of the EEOC’s increased focus and expanding budget to execute its Strategic Enforcement Plan, the employment discrimination lawsuit trend is expected to continue. The most effective action ...

Ten Things to Consider when Terminating an Employee

by Bennett Pine in Human Resources. Posted October 21, 2014

Back to school, back to work, back to serious decisions — now is a good time to recall key considerations before terminating an employee or employees. 1. Consider the Reason: Position Elimination vs. Performance Issues As a fundamental proposition, the employer must be able to articulate the reason for terminating an employee. A good exercise for employers is to summarize ...

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

by Robin Shea in Human Resources, Legal. Posted October 12, 2014

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right? Right? Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have to make an exception ...

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