Legal - HospitalityLawyer.com®

A Discussion of the Reptile Trial Strategy Through The Lens of the Erin Andrews v. Marriott International Lawsuit

by Hagwood & Tipton in Legal. Posted July 11, 2019

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 ...

Hospitality Quest 2019: The Search For The Elusive Employee

by Fisher Phillips in Food & Beverage, Human Resources, Legal. Posted July 4, 2019

“Hey Steve, this is Mr. Joe over here at Big Eats. Man, I have a problem and I need to pick your brain. I can’t find enough applicants and hire enough employees to fill the openings I have at my stores. I even had to close down the store over on 42nd Street one day ...

Hospitality Case Review: The Top 100+ Hospitality Cases That Impacted Us in 2018

by Karen Morris in Legal. Posted June 20, 2019

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) ...

If The Shoe Fits: How Footwear Policy May Lead To Wage And Hour Violations

by Fisher Phillips in Food & Beverage, Human Resources, Legal, Lodging. Posted June 18, 2019

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 ...

A Discussion of Recent ADA and FMLA Cases and Their Practical Implications

by Robert Bernstein in Human Resources, Legal. Posted June 13, 2019

Agency Updates: In 2018, the Department of Labor released two significant opinion letters demonstrating its interpretation of the Family and Medical Leave Act. In FMLA2018-2- A, the DOL determined that an organ donor is entitled to FMLA leave when the donation involves either inpatient care or continuing treatment. In FMLA2018-1-A, the DOL clarified how employers ...

Best Practices in Trade Practices

by Valerie Haber in Food & Beverage, Legal. Posted June 11, 2019

Introduction After the Prohibition was repealed by the 21st Amendment, a complex web of alcohol beverage laws created a “three-tier system” in which independence must exist between alcohol beverage manufacturers, distributors, and retailers. The ways in which these three tiers can interact is strictly controlled by federal and state laws. Armed with an increased budget ...

No One Likes Surprises – Corporate Counsel Lessons Learned by Clients

by Craig Harris in Insurance & Loss Prevention, Legal. Posted June 8, 2019

I. Introduction I often think of the words first heard spoken by the Fram Oil mechanic in the television commercial many years ago – “you can pay me now or you can pay me later.” The wisdom of this statement has been proven time and time again. Its application in the legal services context is ...

Canadian Employment Laws

by Osler Hoskin Harcourt in Human Resources, Legal. Posted April 30, 2019

If you operate a hotel anywhere in Canada, you need to consider employment-related laws in the province or territory where the hotel is located. The following is a summary of some important differences between U.S. and Canadian laws. No “Employment at Will”The U.S. concept of employment at will does not exist in Canada. In Canada, ...

Liquor Licensing For Hotel & Restaurant Acquisitions

by Elizabeth DeConti in Food & Beverage, Legal. Posted December 27, 2018

You are the General Counsel or the outside counsel to a hotel or restaurant brand. Your client informs you that the company intends to purchase multiple units of additional properties in several different states. Your head spins, full of questions. Will it be an asset sale or stock purchase? Will we retain the employees? Will ...

Defending Cases In High Crime Areas

by Hagwood & Tipton in Legal, Safety & Security. Posted December 18, 2018

Depending on where you do business, crime and its associated consequences may simply be a cost of doing business. Unfortunately, savvy Plaintiff’s lawyers have carved out a niche practice by targeting businesses in high crime areas of our inner cities/Plaintiff-friendly venues. Frequently hotels, restaurants, bars, and the like find themselves as repeat targets in premises ...

Legal ( Page 20 )