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Firearms Law Issues in the Hospitality Industry

I. INTRODUCTION The focus of this paper is specifically on the federal and statewide gun regulations which affect the hospitality industry. Citizens and entities are subject to the authority of both the state and federal governments, and therefore subject to all federal and state laws. A. Federal Law. The right to keep and bear arms is protected by the Second Amendment ...
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On the Sideboard: Tip Deductions, Side Work, and Meal Credits

by Wendy McGuire Coats and Rochelle Nelson What kinds of employment-related issues are other restaurants facing? Here’s a quick look this summer’s court activity. No Deductions in Tips for Cash Deliveries. A restaurant chain came under fire for violating federal wage and hour laws by deducting cash handling fees from its employee’s tips. The restaurant ...
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Accommodating Transgender Guests in Hotel Restrooms, Locker Rooms Is a Balancing Act

If you work in the hospitality industry, you no doubt realize that for all of the hotel rooms around the globe, there is no room for discrimination. Claims of bias can have devastating consequences on a brand as well as rippling economic effects. To put that into perspective, the NBA’s recent decision to pull its ...
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Time to Act – Employers Have Fewer than Six Months to Comply With New Federal Overtime Exemption Rule

By: Paul Bressan and Ruth Seroussi On May 18, 2016, the United States Department of Labor (“DOL”) announced its much-anticipated final overtime exemption rule under the Fair Labor Standards Act (“FLSA”), as tasked to do by President Obama in 2014. The DOL received more than 270,000 comments since it published its Notice of Proposed Rule ...
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How to Build a World-Class Legal Department

by Robert Barker & John Gilmore General Counsel Panel Answers 5 Key Questions Uncertain global markets … cybersecurity … tightening credit sources … increasing regulatory demands … antitrust. Obstacles to business success have never loomed larger. And corporate legal departments have never played a larger role in addressing them. As general counsel and other corporate ...
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Major Changes In Attitudes and Approaches to Workplace Violence Prevention

We just completed the second of two Fisher Phillips webinars including panelists and contributors who were active and former Department of Homeland Security, Secret Service, and other law enforcement professionals.  We solicited questions and concerns from employers and used the panel discussions and preparation to develop more effective practices to prevent and respond to workplace ...
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Department of Labor Announces Final Overtime Rule

by: Andrea Kirshenbaum Today the U.S. Department of Labor (DOL) formally announced its Final Rule which more than doubles the minimum salary threshold for “executive,” “administrative,” and “professional,” employees to qualify as exempt from overtime pay under the Fair Labor Standards Act (FLSA). The DOL estimates that the Final Rule, which will become effective on ...
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Can SafeHer, a Women-For-Women Ridesharing Company, Overcome the Challenges of Anti-Discrimination Laws?

Despite lawsuits and persistent legal uncertainties, the “sharing economy” is booming, and the companies at its forefront continue to grow.  Some of these businesses are a natural complement to the hotel industry, while others directly compete with it.  Whatever may become of these companies as they are reined in by regulation, one thing is certain: the ...
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Lyft agrees to revised $27 mln deal in driver lawsuit

Lyft has agreed to pay $27 million to settle a class action lawsuit brought by California drivers who claimed they should be deemed employees instead of independent contractors, after a U.S. judge rejected a previous $12.25 million deal as too small. Lyft and larger rival Uber are attempting to resolve lawsuits by drivers who contend ...
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New Texas M&A Broker Exemption

Effective February 16, 2015, the Texas State Securities Board (the “Securities Board”) adopted a new rule, Section 139.27 of Title 7 of the Texas Administrative Code (the “Rule”), that exempts certain mergers-and-acquisitions brokers from dealer registration under the Texas Securities Act.  An exempt mergers-and-acquisitions broker is defined in the Rule as an “M&A Dealer.”  The ...
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