Legal - HospitalityLawyer.com®

Limiting Employees’ Hours to Dodge the ACA’s Employer Mandate Could Violate ERISA

by Cozen O'Connor in Legal. Posted April 12, 2016

In a move that brings many employers’ fears closer to fruition, a federal district court recently ruled that an employee may proceed with a class action lawsuit alleging that her employer violated the Employee Retirement Income Security Act (ERISA) when it reduced employees’ hours to avoid incurring increased costs under the Affordable Care Act (ACA). ...

Adelson’s Las Vegas Sands wins new U.S. trial in $100 mln Macau case

by Thomson Reuters in Legal. Posted April 12, 2016

Las Vegas Sands Corp persuaded Nevada’s highest court to throw out a more than $100 million verdict in favor of a Hong Kong businessman for helping Sheldon Adelson’s gaming company enter the fledgling Macau casino market more than a decade ago. In a decision on Friday, the Nevada Supreme Court found “insufficient evidence” to support ...

Uber vs. Uber

by Gray Robinson in Legal, Travel. Posted April 12, 2016

Uber in Gainesville? Not So Fast… For a brief summary of this uber filled case: “You live in Gainesville and need to book a party bus, or perhaps a non-party bus or a limo to take a number of people to an event. You run a Google search for ‘Gainesville party bus’ and, not satisfied ...

Hospitality & Gaming Risk Management

by Anderson Kill in Legal, Risk Management, Safety & Security, Technology. Posted April 11, 2016

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 ...

Defending Against the Reptile Strategy

by Wilson Elser in Legal. Posted April 11, 2016

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 ...

Big Changes Are Coming to Overtime Laws in 2016

by Wilson Elser in Food & Beverage, Human Resources, Legal, Lodging. Posted March 30, 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 ...

Ninth Circuit Reverses District Court Decisions, Reviving U.S. Department of Labor Rule Restricting Tip-Pool Distribution

by Bruno Katz in Human Resources, Legal. Posted March 28, 2016

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 ...

Why the U.S. Has Banned Vaping on Flights

by Fortune in Legal, Travel. Posted March 10, 2016

by Laura Lorenzetti The “no smoking” rule applies to e-cigarettes. The U.S. Department of Transportation has explicitly banned the use of electronic cigarettes, or vape pens, on commercial plane flights. The rule applies to all scheduled flights in, to, and from the U.S. “This final rule is important because it protects airline passengers from unwanted ...

What Risks Will Emerge in 2016?

by Willis in Insurance & Loss Prevention, Legal, Safety & Security, Technology. Posted February 9, 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 ...

Lawyers see limited legal options for workers sent in Zika’s way

by Thomson Reuters in Legal, Safety & Security, Travel. Posted February 8, 2016

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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