Human Resources - HospitalityLawyer.com®

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 ...

E-Mails: Don’t think Electronic, think EVIDENCE!

by Michelle Lee Flores in Human Resources, Legal, Technology. Posted October 6, 2014

If there was one thing I wish that every business owner, manager and employee would take away when thinking about this article and the modern workplace, it is that e-mails are forever. And not only are they forever, but they pack a double punch since their impact is instantaneous. All it takes is a simple ...

Is Your Employment Practices Liability Insurance Covering the Right Risks?

by Darin McMullen in Human Resources, Insurance & Loss Prevention, Legal, Risk Management. Posted September 23, 2014

While no employer is immune from employment-related lawsuits, particularly in a sluggish economy, the hospitality industry faces unique, yet recurring, challenges in terms of employment-based claims – and thus is particularly reliant on employment practices liability insurance (EPLI). Because the hospitality industry is among the leaders in workplace diversity, discrimination claims based on race, gender, ...

NLRB’s McDonald’s Joint Employer Decision Sends Shock Waves Through Franchise Community

by William J. Flannery in Hotel Development, Human Resources, Legal. Posted September 15, 2014

On August 5, 2014 the National Labor Relations Board’s (“NLRB”) Office of General Counsel announced that it was authorizing complaints against both McDonald’s store owners and corporate McDonald’s USA LLC, as joint employers, in a series of unfair labor practice proceedings arising out of last autumn’s minimum wage protest actions against the fast food industry. McDonald’s was the ...

ADA Interactive Process: A Quiz for Employers

by Robin Shea in Human Resources, Insurance & Loss Prevention, Legal. Posted July 29, 2014

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive process” sounds so intimidating. Instead of ”interactive process,” it should be called “sit-down.” When an individual needs a reasonable accommodation, ...

New Employment Protections for LGBT Employees of Federal Contractors, U.S. Government

by Jason Cabrera in Human Resources, Legal. Posted July 28, 2014

President Obama signed an Executive Order on July 21, 2014 that gave new protections against discrimination to lesbian, gay, bisexual and transgender (LGBT) employees of federal contractors and subcontractors, and the federal government. For the federal government, discrimination was already prohibited on the basis of sexual orientation and is now also prohibited on the basis ...

New Jersey Joins NYC, DC, and Oregon in Prohibiting Discrimination Against Unemployed

by Bennett Pine in Human Resources, Legal. Posted July 23, 2014

Joining New York City (see Employment Law Insider Alert, March 2013), Oregon and Washington, D.C., on July 1, 2014, New Jersey passed legislation to prohibit employment discrimination on the basis of a job applicant’s unemployment status. This expands existing New Jersey law — the first law on the subject — that prohibits employers from creating ...

Don’t Be Like Other Employers: Pay Your Interns

by Michael Thomas in Human Resources. Posted July 16, 2014

The Donald Sterling saga continues to teach employers—by way of bad example—important lessons for managing employees. While Sterling’s racist comments and desperate attempts to retain ownership of the L.A. Clippers continue to grab headlines, employers who hire unpaid interns may be facing a lawsuit similar to a less publicized lawsuit filed yesterday against the beleaguered ...

Wage/Hour Law Compliance for International Business Travelers and Guest Workers

by Don Dowling in Human Resources, Travel. Posted June 30, 2014

Most every country imposes wage/hour laws that regulate minimum wages and overtime pay as well as (in most countries) holiday pay, vacation pay, rest breaks and total hours worked. Usually these wage/hour laws reach not only locally hired staff but also inbound expatriates whose places of employment have become the host country. But the analysis ...

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