Legal - HospitalityLawyer.com®

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), ...

New Jersey Becomes First State To Require Panic Devices In Hotels

by Fisher Phillips in Legal, Lodging, Risk Management, Safety & Security. Posted October 17, 2019

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 ...

All The World’s A Stage: Legal Factors to Keep in Mind Before Signing a Location Agreement

by Elizabeth Colombo in Legal, Lodging. Posted August 31, 2019

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 ...

Legal ( Page 19 )