Human Resources - HospitalityLawyer.com®

A Discussion of Recent ADA and FMLA Cases and Their Practical Implications

by Robert Bernstein in Human Resources, Legal. Posted June 13, 2019

Agency Updates: In 2018, the Department of Labor released two significant opinion letters demonstrating its interpretation of the Family and Medical Leave Act. In FMLA2018-2- A, the DOL determined that an organ donor is entitled to FMLA leave when the donation involves either inpatient care or continuing treatment. In FMLA2018-1-A, the DOL clarified how employers ...

Canadian Employment Laws

by Osler Hoskin Harcourt in Human Resources, Legal. Posted April 30, 2019

If you operate a hotel anywhere in Canada, you need to consider employment-related laws in the province or territory where the hotel is located. The following is a summary of some important differences between U.S. and Canadian laws. No “Employment at Will”The U.S. concept of employment at will does not exist in Canada. In Canada, ...

Service Animals, Assistance Animals, Comfort Animals—And The Occasional Miniature Horse

by Samuel Lillard in Human Resources. Posted February 23, 2019

Given the menagerie of terms, it is easy to see why some business owners are quite confused about what to do when they are asked to permit an animal in their places of business. Part of the confusion comes from the multitude of federal laws on the topic (not to mention laws passed by some ...

Avoiding Workplace Violence: Tips And Best Practices For Hospitality Employers

by C. Crystal Enekwa in Human Resources, Risk Management, Safety & Security. Posted December 15, 2018

Whether internal or external, violence in the workplace is an increasingly problematic issue that employers must learn to effectively minimize and prevent. This is even more important in the hospitality industry, given the constant interaction with the public, the high rate of turnover, and the added responsibility of dealing with available cash. It is imperative ...

Tips, Service Charges, and Automatic Gratuities Continue to Cause Problems for Employers

by Jordan Schwartz in Human Resources, Legal. Posted November 22, 2018

Hospitality employers nationwide continue to be hit with class action lawsuits alleging failure to properly pay/distribute tips, as well as failure to correctly characterize service charges and automatic gratuities. These lawsuits have the potential to result in verdicts or settlement amounts more costly than virtually any other employment-related matter. As a result, it is important to ...

Winter Is Coming…So What Should Employers Do To Prepare?

by Fisher Phillips in Human Resources, Legal, Safety & Security. Posted November 15, 2018

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and retail stores, and your coffee shop is serving you drinks in red cups. The signs are obvious, ...

Lasting Effects of the #MeToo Movement

by Beeta Lashkari in Human Resources, Legal. Posted November 13, 2018

It has been about a year since the #MeToo movement went viral, spreading greater awareness about sexual misconduct and harassment, and, more generally, the role of women, in the workplace. So, where are we now, and has anything changed? Was it just an awareness movement? Or, have things actually started to shift in the legal ...

Legal Issues in the Hospitality Sector

by Cassie Steele in Human Resources, Legal, Lodging. Posted November 1, 2018

The Hospitality Sector has many unique legal issues, and the number of crimes involving Hospitality Laws continues to rise. There were 2656 hotel crimes committed in New York in 2017 alone. Hotels and bars restaurants are the two most common sites of hospitality crimes. Legal issues in the hospitality sector most often involve the theft ...

5 Reasons Good Employees Leave Hotels

by Stephen Barth in Human Resources, Lodging. Posted October 23, 2018

Productive, trustworthy employees are getting hard to find and harder to keep. Hotels invest significant amounts of money and time to recruit, hire and train employees, often using recent developments in advertising (social media), technology (online applications), and psychology (personality and behavioral assessments). So why is it that hotels—after hiring and training—still manage people like ...

I-9 Audits On The Rise- ICE Increasing Worksite Enforcement Audits By 400%

by Eileen Momblanco in Human Resources, Legal. Posted September 22, 2018

In July 2018, the U.S. Immigration and Customs Enforcement (ICE) announced that in the last six months, it issued 5,200 notices of inspection to employers in the U.S. in order to audit their Form I-9 Employment Eligibility Verification documents. This is a significant increase compared to only 1,360 audits initiated in all of the last ...

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