Legal - HospitalityLawyer.com®

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 ...

“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 ...

Legal ( Page 22 )