Legal - HospitalityLawyer.com®

Co-Working Spaces: Mitigating Litigation Risks While Encouraging Innovation

by Fisher Phillips in Hotel Development, Legal, Lodging. Posted December 5, 2019

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 ...

New York AG Files Lawsuit Against Dunkin’ Donuts For Attacks On Customer Accounts

by Brian Kint in Food & Beverage, Legal, Technology. Posted November 28, 2019

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, ...

The Perils of Social Media Promotions in the Hospitality Industry

by Elizabeth Brunins in Legal, Lodging, Technology. Posted November 23, 2019

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 ...

Texas Updates Breach Notification Requirements

by Wilson Elser in Legal, Technology. Posted November 21, 2019

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 ...

Strategies to Defend & Mitigate Against Sex Trafficking Lawsuits in the Hospitality Industry

by Jennifer Miller in Legal. Posted November 19, 2019

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 ...

Reptile Theory: Using the Primitive Brain to Increase Plaintiff’s Verdicts

by Michael Phillips in Legal. Posted November 16, 2019

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 ...

What Employee Accommodations are Required Under the ADA?

by KPM Law in Legal. Posted November 12, 2019

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 ...

State & Federal Alcohol Compliance Update: TTB Enforcement and Related Matters

by Elizabeth DeConti in Food & Beverage, Legal. Posted October 24, 2019

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 ...

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

by Cassels Brock in Legal. Posted October 22, 2019

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 ...

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

by Megan Shaked in Food & Beverage, Legal. Posted October 19, 2019

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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