Legal

Top Canadian Legal Issues for Brands & Hospitality Companies (Legal Issues You Might Not Know About Canada)

FRANCHISE LAWSimilarly 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 respect ...
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California Employers Are Not Required To Reimburse Restaurant Workers For The Cost Of Slip-Resistant Shoes Under Labor Code Section 2802

A recent California Court of Appeal decision, Townley v. BJ’s Restaurants, Inc., has further defined the scope of reimbursable business expenses under California Labor Code section 2802, this time in the context of slip-resistant shoes for restaurant workers. A former server filed an action under the California Labor Code Private Attorneys General Act of 2004 (PAGA), ...
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New Jersey Becomes First State To Require Panic Devices In Hotels

New Jersey recently enacted legislation that requires hotels with at least 100 guest rooms to provide panic devices to certain employees. The purpose of the Panic Device Law is to protect hotel employees, often required to clean and cater to rooms on their own, from sexual assault, sexual harassment, and other unsafe working conditions. It ...
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All The World’s A Stage: Legal Factors to Keep in Mind Before Signing a Location Agreement

When location scouts for movies, TV shows or other special events come to check out a hotel, hotel owners or managers have reason to be excited and cautious.  The property may receive a location fee for the filming, and the buzz, visibility and social media bounce that come with location filming can be hard to ...
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The Recent Rise Of Predictive Scheduling Laws: Emerging Strategies In An Evolving Area

For decades, the problem of scheduling has plagued employers and employees alike. Employees prefer predictable and reliable schedules, while employers need flexibility. To address this tension, regulators have recently begun to pass predictive scheduling laws that seek to strike a tenuous balance between these interests. Given the recent rise in popularity of these laws, it ...
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On the Basis of Personal Appearance

As you know, Title VII of the Civil Rights Act of 1964 (Title VII) is one of the principal federal statutes prohibiting employment discrimination. It prohibits discrimination on the basis of race, color, national origin, religion, and sex (including gender and pregnancy). Other federal statutes that prohibit employment discrimination include Title I and Title V ...
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Life, Liberty, and a Gluten-Free Meal

Colonial Williamsburg Restaurant sued under the ADA for not allowing child to consume his home-prepared gluten-free meal. The Governor’s Palace in Colonial Williamsburg, Virginia. A brick Colonial house with a courtyard, and former home of Thomas Jefferson. The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent discrimination against individuals with disabilities in ...
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Use of Surcharges and Best Tips to Avoid False Advertising and Other Consumer Claims

Due to a myriad of legislative and court decisions, some restaurants particularly in California have elected to add a surcharge to their receipts to defray increased costs incurred over the last several years.  The increased costs of operating a restaurant can be attributed to minimum wage increases, healthcare, paid sick leave, restrictive scheduling, cost of food and ...
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A Discussion of the Reptile Trial Strategy Through The Lens of the Erin Andrews v. Marriott International Lawsuit

I. WHAT IS THE REPTILE THEORY/STRATEGY? Reptile: The 2009 Manual of the Plaintiff’s Revolution, authored by Don Keenan and David Ball, was published in 2009. This book is offered exclusively to plaintiff’s lawyers and provides a strategy for plaintiff’s attorneys in most stages of litigation. The Reptile theory is derived from a model of the ...
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