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Would You Like Fries And A Political Opinion With That? Regulating Employee Buttons, Pins, And Insignia In The Workplace

Burgers and buttons are making headlines again. Employees at Burgerville—a fast-food restaurant chain in the Pacific Northwest—recently took to wearing buttons to work and were sent home for the day. These buttons were not your typical “Hi! My Name Is ______” fare. Instead, 10 Burgerville employees in Oregon showed up to work wearing buttons which ...
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Tips, Service Charges, and Automatic Gratuities Continue to Cause Problems for Employers

Hospitality employers nationwide continue to be hit with class action lawsuits alleging failure to properly pay/distribute tips, as well as failure to correctly characterize service charges and automatic gratuities.  These lawsuits have the potential to result in verdicts or settlement amounts more costly than virtually any other employment-related matter.  As a result, it is important to ...
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Effectively Using Social Media At Trial

The process begins with obtaining information via requests for production, interrogatories, requests for admissions, depositions, etc. If used effectively, social media discovery can become an effective defense strategy that will withstand objections and scrutiny at trial. Social media evidence is important information to explore, especially considering most people (Plaintiffs) tend to have no filter when ...
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Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and retail stores, and your coffee shop is serving you drinks in red cups. The signs are obvious, ...
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Lasting Effects of the #MeToo Movement

It has been about a year since the #MeToo movement went viral, spreading greater awareness about sexual misconduct and harassment, and, more generally, the role of women, in the workplace. So, where are we now, and has anything changed? Was it just an awareness movement? Or, have things actually started to shift in the legal ...
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Legal Issues in the Hospitality Sector

The Hospitality Sector has many unique legal issues, and the number of crimes involving Hospitality Laws continues to rise. There were 2656 hotel crimes committed in New York in 2017 alone. Hotels and bars restaurants are the two most common sites of hospitality crimes. Legal issues in the hospitality sector most often involve the theft ...
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U.S. Companies Still Grappling With GDPR

Several months after the European Union’s (EU’s) new sweeping privacy law known as the General Data Protection Regulation (GDPR) went into effect on May 25, 2018, U.S. companies are still struggling to understand the implications for their businesses. This article highlights some of the key threshold issues that companies should consider in analyzing the potential ...
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I-9 Audits On The Rise- ICE Increasing Worksite Enforcement Audits By 400%

In July 2018, the U.S. Immigration and Customs Enforcement (ICE) announced that in the last six months, it issued 5,200 notices of inspection to employers in the U.S. in order to audit their Form I-9 Employment Eligibility Verification documents. This is a significant increase compared to only 1,360 audits initiated in all of the last ...
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TABC Legal Services Division to Host Continuing Education for Alcohol Industry Attorneys

The Texas Alcoholic Beverage Commission’s Legal Services Division will host a free Continuing Legal Education (CLE) session highlighting some of the most common issues and questions related to upholding the Alcoholic Beverage Code. TABC will host the program on September 25 at the agency’s Austin headquarters, 5806 Mesa Drive, and the event is open to ...
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EEOC Lawsuit Push Takes Aim At Hospitality Employers

In the first half of August 2018 alone, the U.S. Equal Employment Opportunity Commission (EEOC) filed 16 lawsuits against employers—and hospitality employers should be especially wary about this surge of litigation, as several claims took direct aim at businesses in the industry. Harassment Claims Continue To Capture Spotlight In light of the sexual abuse allegations ...
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