Legal - HospitalityLawyer.com®

“Hands Off, Pants On” When Guests Sexually Harass Your Hotel Employees

by Darin Mackender in Human Resources, Insurance & Loss Prevention, Legal, Lodging, Risk Management. Posted June 26, 2018

In an April 2016 survey of 400 Chicago-area women working at hotels, nearly 50 percent indicated that they have had a guest answer the door naked, expose themselves, or were otherwise flashed. Worse yet, 1 in 10 said they had been kissed, grabbed, pinched, or groped by a guest. Hotel employees reported incidents in which they were ...

Hotel-Related Arbitration & Other Dispute Resolution Mechanisms (As Alternatives to Litigation)

by Albert Pucciarelli in Legal, Lodging. Posted June 19, 2018

Mechanisms for Dispute Resolution Any lawyer considering a hotel-related agreement such as a hotel management agreements or a franchise agreement knows that mediation, expert resolution and arbitration are among the means employed to resolve owner/manager disputes. These alternative dispute resolution mechanisms are not unique to hotel–related agreements and are seen generally in contract disputes as ...

Welcome to the Jungle: Negotiating Restaurant & Bar Leases With Landlords Who Just Don’t Get Hospitality

by David Denney in Food & Beverage, Legal. Posted June 14, 2018

Too often attorneys representing restaurant, bar, and other hospitality clients must deal with landlords (or their agents, such as asset managers, property managers, or brokers) who are not well-versed in the needs of the F&B tenant. These negotiations can prove frustrating for attorneys who frequently represent these clients. This session will explore some critical F&B ...

Premises Securities Litigation

by Niva Harney-Hiller in Insurance & Loss Prevention, Legal, Safety & Security. Posted June 12, 2018

This [article] gives a brief overview of how to deal with premises security litigation when it arises on your premises. It addresses case management, investigation and evaluation. Based on these three building blocks, it highlights best litigation planning, budgeting and best resolution plans for security claims. CASE MANAGEMENT Once a complaint is received by your ...

New Wave of ADA Website Lawsuits

by Jordan Schwartz in Insurance & Loss Prevention, Legal, Lodging, Technology. Posted June 5, 2018

Recently, there have been a slew of lawsuits filed across the country alleging that owners and operators of hotels and other places of lodging are using websites that violate the Americans with Disabilities Act (“ADA”). These lawsuits are different than the wave of lawsuits and demand letters sent to so many hotels and other places ...

Hiring Minors in the Heat of the Summer: What Employers Need to Know

by Natasha Banks in Human Resources, Legal. Posted June 2, 2018

Summertime is quickly approaching and ’tis the season for beach vacations, fun in the sun, and summer hires—many of which will be under the age of 18 years old. In anticipation of summer hires, employers may want to familiarize themselves with the federal laws outlining child labor restrictions. Under the Fair Labor Standards Act (FLSA), ...

Employer-Mandated Tip Pooling Guidelines

by Wilson Elser in Food & Beverage, Legal. Posted May 31, 2018

Tips and their distribution among the staff have plagued the hospitality industry for years. Federal courts interpret the federal law differently and states have enacted their own statutes that place employers in constant uncertainty, depending on where they are located. Also, tip pooling arrangements have been a regular part of many restaurant operations and are ...

Hotels and Consumers Making Headway in Anti-Room Poaching Battle

by Brittany Fayette in Legal, Lodging. Posted May 29, 2018

It’s estimated that room poaching results in upwards of $1.3 billion in lost revenue for hotels and lost funds for consumers every year. As hotels and consumers look for a way to fight against these losses, trademark infringement may be emerging as the most effective tool. Room poaching occurs when companies position themselves as an ...

Cal/OSHA Compels Hospitality Employers to Clean Up Their Act, Ergonomically Speaking

by Conn Maciel Carey in Human Resources, Legal, Lodging. Posted May 22, 2018

Musculoskeletal disorders (MSDs) are the single most common type of work-related injury, but federal OSHA has struggled for decades to develop a coherent regulatory and/or enforcement strategy to address the hazards that cause these ergonomic injuries. Where federal OSHA fell short, the State of California has picked up the slack, with Cal-OSHA recently finalizing a ...

Beware of the ICE: Hospitality and Retail Industries Need to Prioritize Immigration Compliance

by Charles Spitz in Food & Beverage, Human Resources, Legal, Lodging, Risk Management. Posted May 19, 2018

From the beginning of his Presidency, immigration compliance has been a top priority for President Trump. This has included the removal from the U.S. of individuals that U.S. Immigration and Customs Enforcement (ICE) terms “higher priority.” While ICE’s enforcement efforts have included a variety of methods and venues, an expansion into worksite enforcement has also ...

Legal ( Page 19 )