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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 Americans with Disabilities Act (ADA) was enacted in 1990 to prevent discrimination against individuals with disabilities in all aspects of life. The Act has been applied to a variety of segments of our society, including building entrance ...
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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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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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