Legal

Understanding and Complying with Transgender/Gender Identity Issues for the Hospitality Workplace

In a highly publicized dispute, the Supreme Court will [have heard] arguments this fall from advocates and opponents to ultimately determine whether federal law, in particular Title VII of the Civil Rights Act, protects transgender employees from discrimination based on their gender identity.1 Along with two other cases concerning the LGBTQ community, the Supreme Court ...
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Co-Working Spaces: Mitigating Litigation Risks While Encouraging Innovation

Co-working spaces are quickly becoming the Uber equivalent to office space rentals for remote-work professionals. On Monday morning, log onto an app and reserve a cubicle space down the street at a price much cheaper than a short-term office lease. On Tuesday, welcome a new client into a reserved conference room at a different co-working ...
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New York AG Files Lawsuit Against Dunkin’ Donuts For Attacks On Customer Accounts

On September 26, 2019, New York Attorney General Letitia James filed a lawsuit against Dunkin’ Brands, Inc., the franchisor of Dunkin’ Donuts (“Dunkin’”). The lawsuit involves security issues surrounding Dunkin’s stored value cards, which customers can use to purchase Dunkin’ food and merchandise. Customers can create an online account through Dunkin’s website or mobile app, ...
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The Perils of Social Media Promotions in the Hospitality Industry

Truth in advertising is not only a best practice; it’s the law. It applies to all media – from newspapers and magazines to radio spots to online platforms, such as blogs or social media. It is required in both overt advertisements and implied claims buried in otherwise innocuous posts. As such, it creates a minefield ...
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Texas Updates Breach Notification Requirements

Effective January 1, 2020, the Texas legislature will impose new notification requirements on businesses that maintain personal information of customers. House Bill 4390 amends the Texas Identity Theft Enforcement and Protection Act by requiring that Texas residents be notified of a data security breach within sixty (60) days of the determination that a breach has occurred. A ...
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Strategies to Defend & Mitigate Against Sex Trafficking Lawsuits in the Hospitality Industry

Federal and state laws define human trafficking as compelling someone through force, coercion or fraud to perform work or engage in sex acts. According to the Department of Homeland Security, it is a global issue with millions of adults and children being victimized to generate billions of dollars in profits for traffickers and others engaging ...
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Reptile Theory: Using the Primitive Brain to Increase Plaintiff’s Verdicts

Jane Doe was the victim of a sexual assault while a guest at Marrilton Garden Inn & Courtyard Suites. She has filed a multi-million-dollar suit against Heavenly Hospitality Management, LLC d/b/a Marrilton Garden Inn & Courtyard Suites, Marrilton, Inc., (several subsidiaries of Marrilton, Inc.) and Gwen Causey (hotel manager). Scenario: Jane Doe, a guest, checks ...
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What Employee Accommodations are Required Under the ADA?

I. What are Your Responsibilities as an Employer?The federal American with Disabilities Act (“ADA”) and many similar state laws require employers to “reasonably” accommodate an otherwise qualified disabled applicant or employee to perform the essential job functions of the position or enjoy equal benefits of employment as similarly situated employees. Similarly, other federal and state ...
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State & Federal Alcohol Compliance Update: TTB Enforcement and Related Matters

The U.S. Department of the Treasury, Tax and Trade Bureau (TTB) is the federal agency with oversight of alcohol beverage sales, marketing, and distribution. Every U.S. state has a companion state-level agency to TTB. In recent months, TTB has, thanks to a generous allocation in the federal budget, embarked on a rigorous trade practice investigation ...
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Top Canadian Legal Issues for Brands & Hospitality Companies (Legal Issues You Might Not Know About Canada)

FRANCHISE LAW Similarly to the United States, Canada has pre-sale franchise disclosure laws in six of the 10 provinces in the country, each of which require that a “franchise disclosure document” or “FDD” be provided to a prospective franchisee at least 14 days before a franchise agreement is signed or any consideration is paid in ...
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