Legal

Hospitality Case Review: The Top 100+ Hospitality Cases That Impacted Us in 2018

Written by Karen Morris, J.D., LL.M. and Diana S. Barber, J.D., CHE, CWP ADA/Standing1. Brito v. Wyndham Hotels and Resorts, LLC, 2018 WL 317464 (D. Colo., 01/08/2018). Plaintiff is a paraplegic and requires the use of a wheelchair to ambulate. While at defendant hotel he encountered multiple violations of the Americans with Disabilities Act (ADA) ...
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If The Shoe Fits: How Footwear Policy May Lead To Wage And Hour Violations

Hotel and restaurant employers commonly require employees to wear uniforms, some as simple as a shirt with company logo, others requiring a more complete look: jacket or blouse and pants or skirt, or dress. Some employers, however, fail to consider the consequences of imposing the cost of the uniform on an employee. Under the federal ...
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A Discussion of Recent ADA and FMLA Cases and Their Practical Implications

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 ...
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Best Practices in Trade Practices

Introduction After the Prohibition was repealed by the 21st Amendment, a complex web of alcohol beverage laws created a “three-tier system” in which independence must exist between alcohol beverage manufacturers, distributors, and retailers. The ways in which these three tiers can interact is strictly controlled by federal and state laws. Armed with an increased budget ...
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No One Likes Surprises – Corporate Counsel Lessons Learned by Clients

I. Introduction I often think of the words first heard spoken by the Fram Oil mechanic in the television commercial many years ago – “you can pay me now or you can pay me later.” The wisdom of this statement has been proven time and time again. Its application in the legal services context is ...
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Canadian Employment Laws

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, ...
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Liquor Licensing For Hotel & Restaurant Acquisitions

You are the General Counsel or the outside counsel to a hotel or restaurant brand. Your client informs you that the company intends to purchase multiple units of additional properties in several different states. Your head spins, full of questions. Will it be an asset sale or stock purchase? Will we retain the employees? Will ...
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Defending Cases In High Crime Areas

Depending on where you do business, crime and its associated consequences may simply be a cost of doing business. Unfortunately, savvy Plaintiff’s lawyers have carved out a niche practice by targeting businesses in high crime areas of our inner cities/Plaintiff-friendly venues. Frequently hotels, restaurants, bars, and the like find themselves as repeat targets in premises ...
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Business Use of E-Scooters Presents New Challenges for Employers

Eric Lazzari needed to get across downtown for a meeting and decided to use an electric scooter, according to The Denver Post. He knew the law, and was properly operating the e-scooter on the sidewalk. While stopped at an intersection, an angry pedestrian approached him, told him e-scooters didn’t belong on the sidewalk, and smacked ...
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Would You Like Fries And A Political Opinion With That? Regulating Employee Buttons, Pins, And Insignia In The Workplace

Burgers and buttons are making headlines again. Employees at Burgerville—a fast-food restaurant chain in the Pacific Northwest—recently took to wearing buttons to work and were sent home for the day. These buttons were not your typical “Hi! My Name Is ______” fare. Instead, 10 Burgerville employees in Oregon showed up to work wearing buttons which ...
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