Legal - HospitalityLawyer.com®

Bribery, Compliance, & Hospitality

by Jose Martin in Legal. Posted August 16, 2018

Earlier this year, the CEO of a major hospitality company with more than 100 hotels worldwide was charged in Miami, along with his regional vice president, for unlawful compensation and conspiracy related to the renovations and remodeling of their newest hotel in South Beach. The charges allege that the company would regularly offer heavy discounts ...

The Most Aggressive Privacy Law in the U.S.: Tracking the California Consumer Privacy Act of 2018

by Faegre Baker Daniels in Insurance & Loss Prevention, Legal, Technology. Posted August 14, 2018

Signed into law on June 28, 2018, the California Consumer Privacy Act provides the most comprehensive and aggressive privacy law in the United States — despite being pushed through the legislative process in one week. The California State Legislature will reconvene from Summer Recess on Monday, August 6, and it is expected to reevaluate the ...

Mitigating Risk for Rogue Employee Speech

by Daniel Deacon in Human Resources, Insurance & Loss Prevention, Legal, Risk Management. Posted August 9, 2018

Generally, employers can be held vicariously liable for the tortious conduct of an employee committed within the scope of his or her employment. This often arises in the context of negligence cases, such as automobile and workplace accidents. However, employers can also be held liable for defamatory statements made by their employees when those statements ...

California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims

by Paul Bressan in Human Resources, Legal. Posted August 7, 2018

On July 26, 2018, the California Supreme Court issued a decision entitled Douglas Troester v. Starbucks Corporation, No. S234969, which should be of concern to all California employers. The specific issue was whether, in tracking the compensable time of its non-exempt employees, Starbucks could ignore minutes that they spend closing up after they clock out ...

Special Handling of Hospitality Claims Involving Minor Children of All Ages

by Niva Harney-Hiller in Insurance & Loss Prevention, Legal. Posted July 24, 2018

Hospitality claims involving children differ from adult claims because generally the law does not expect children to comprehend the dangers they might face. As a result, the common law has recognized the doctrine of attractive nuisance. This doctrine confers a duty upon landowners who have reason to believe that children may come onto their property. ...

The Most Easily-Remedied Mistakes F&B Employers May Not Know They Are Making

by Paul Denney in Food & Beverage, Human Resources, Legal, Risk Management. Posted July 21, 2018

INTRODUCTION. Restaurateurs spend months (and sometimes years) working with attorneys and other professionals preparing to open, dedicating countless hours to paperwork-intensive processes such as corporate formation, leases, permits, and the like. Unfortunately, by the time they are ready to hire employees and open their doors, they often do not cross the finish line with the ...

Alcohol Advertising in the Digital Age

by Elizabeth DeConti in Food & Beverage, Legal, Technology. Posted July 19, 2018

Introduction Suppliers and retailers of alcoholic beverages advertise their respective products and offerings in a wide variety of digital outlets. Questions arise as to how the complex legal landscape of alcohol regulation applies in these digital spaces. Advertising media include social network services (e.g., Facebook), video sharing sites (e.g., YouTube), blogs, and smartphone applications. In ...

When The Government Wants Your Property: Eminent Domain – How It Works & How To Be Prepared

by Clint Schumacher in Legal, Lodging, Risk Management, Safety & Security. Posted July 17, 2018

Eminent domain is the power of the government, or a private actor granted that power by the government, to acquire property for public use. We generally view this a necessary nuisance for a functioning society as the power is essential for the efficient development of necessary infrastructure. Eminent domain is commonly used to acquire the ...

The Not-So-Happy Hour: Preparing for Investigations & Subpoenas in Light of #metoo & More

by Matthew Feinberg in Human Resources, Legal, Lodging, Risk Management. Posted July 10, 2018

Since the last Presidential election campaign began approximately two years ago, there has been a significant public focus on sexual harassment, income inequality, crimes against women, public corruption, and the income gap. Sexual harassment claims have skyrocketed in the wake of the #metoo movement, with some states reporting as much as 400% increases in claim ...

Not All Fun & Games: Sweepstakes and Contests in the Hospitality Industry

by Elizabeth Brunins in Legal, Lodging, Risk Management. Posted July 3, 2018

A promotion is a marketing strategy devised to publicize or advertise a product, organization, or event. Hotels market their venues and services in a variety of ways, often employing creative strategies to help draw traffic to their establishment. When a hotel decides to use a sweepstakes or contest as a way of promoting itself, there ...

Legal ( Page 18 )