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Hospitality & Gaming Risk Management

Cyber Risk Management In the realm of hospitality and gaming risk management, “securing data against unauthorized and unintentional disclosure continues to be elusive” and consistently presents itself as a problem. It is important to emphasize the need for a “strategy that includes careful contracting, quality insurance coverage, and cyber security due diligence” to fight against ...
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Defending Against the Reptile Strategy

The Reptile Strategy “Based on a plaintiff’s attorney generalizing the defendant’s conduct so the jury members feel personally threatened by the alleged danger actions,” the reptile strategy is a force to be reckoned with. This specific strategy has been implemented in “almost 50 notable cases”, one of which a “Florida attorney received a $2.6 million ...
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Big Changes Are Coming to Overtime Laws in 2016

“On March 13, 2014, President Obama signed a Presidential Memorandum directing the United States Department of Labor (DOL) to update the regulations regarding white-collar workers. In June 2015, the DOL announced its proposed regulations, which call for sweeping changes that would more than double the minimum annual salary employers must pay white-collar employees (from $23,660 ...
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Ninth Circuit Reverses District Court Decisions, Reviving U.S. Department of Labor Rule Restricting Tip-Pool Distribution

Reversing a federal district court’s order invalidating 2011 revisions to the DOL’s tip-pool regulation, a divided Ninth Circuit held the agency acted within its authority when it promulgated the rule change. As revised, the tip pool regulation prohibits an employer from including non-tipped staff in tip pools even when it does not take the tip credit, but ...
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What Risks Will Emerge in 2016?

Our world is advancing at a pace that invites innovation at breakneck speed, encouraging companies to jump into untested waters. Whether it is new, disruptive technologies – such as drones – or just a new way of doing business – such as the sharing economy – the risks are not fully known. New loss-control technologies and regulations ...
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Lawyers see limited legal options for workers sent in Zika’s way

Employees of U.S. companies seeking to avoid exposure to the Zika virus likely have few legal avenues to either refuse travel to affected areas or sue if they actually become sick from the virus. But it may be a different story if such workers subsequently give birth to Zika-infected babies. Since Zika was detected in ...
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DOJ’s New Appetite for Prosecuting Food Companies and Their Executives

By: Barbara Rowland and Yune T. Do With the recent disclosure by Chipotle Mexican Grill, Inc. (“Chipotle”) that it received a grand jury subpoena from the U.S. Attorney’s Office for the Central District of California relating to a norovirus outbreak among customers and employees at a Los Angeles-area restaurant, the federal government is reiterating its ...
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States’ Real ID Act Non-Compliance Could Impact Company Employees/Travel Agencies

By: Charles W. Spitz and Lisa N. Cialino The Real ID Act was passed by Congress in 2005 to set nationwide standards for the issuance of driver’s licenses and identification cards by establishing minimum security, authentication, and issuance procedures forall states. Under the law, federal agencies are barred from acceptingdriver’s licenses and identification cards issued ...
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