Legal - HospitalityLawyer.com®

NLRB’s McDonald’s Joint Employer Decision Sends Shock Waves Through Franchise Community

by William J. Flannery in Hotel Development, Human Resources, Legal. Posted September 15, 2014

On August 5, 2014 the National Labor Relations Board’s (“NLRB”) Office of General Counsel announced that it was authorizing complaints against both McDonald’s store owners and corporate McDonald’s USA LLC, as joint employers, in a series of unfair labor practice proceedings arising out of last autumn’s minimum wage protest actions against the fast food industry. McDonald’s was the ...

ADA Interactive Process: A Quiz for Employers

by Robin Shea in Human Resources, Insurance & Loss Prevention, Legal. Posted July 29, 2014

What do you really know about the “interactive process” under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it’s the terminology that scares employers. “Interactive process” sounds so intimidating. Instead of ”interactive process,” it should be called “sit-down.” When an individual needs a reasonable accommodation, ...

New Employment Protections for LGBT Employees of Federal Contractors, U.S. Government

by Jason Cabrera in Human Resources, Legal. Posted July 28, 2014

President Obama signed an Executive Order on July 21, 2014 that gave new protections against discrimination to lesbian, gay, bisexual and transgender (LGBT) employees of federal contractors and subcontractors, and the federal government. For the federal government, discrimination was already prohibited on the basis of sexual orientation and is now also prohibited on the basis ...

New Jersey Joins NYC, DC, and Oregon in Prohibiting Discrimination Against Unemployed

by Bennett Pine in Human Resources, Legal. Posted July 23, 2014

Joining New York City (see Employment Law Insider Alert, March 2013), Oregon and Washington, D.C., on July 1, 2014, New Jersey passed legislation to prohibit employment discrimination on the basis of a job applicant’s unemployment status. This expands existing New Jersey law — the first law on the subject — that prohibits employers from creating ...

Hotel Rebranding: Time for a Change?

by Claire Hawkins in Hotel Development, Legal, Lodging. Posted June 17, 2014

Is hotel re-branding trending, and is that a further sign of the recovering lodging industry? There have been a number of announced changes in hotel names and brands in the last few months, and while this may or may not signify an economic uptick, you can be assured that there has been a lot of ...

Global Employee Handbooks

by Don Dowling in Human Resources, Legal. Posted April 15, 2014

Most every major American employer has issued an employee handbook explaining to its US staff how its US workplace works. It has been said that “[a] well written, lawful [US domestic] employee handbook has no downsides; it provides…all the flexibility necessary to address innumerable possibilities when it comes to employee actions and inactions.” (J.B. Sandburg, “Creating ...

Another Credit Card Breach – What Now?

by Frank Wolfe in Legal, Technology. Posted March 19, 2014

The recent data breaches at major retail outlets such as Target, Michaels Stores Inc. and Neiman Marcus brought this type of modern crime to the forefront in the minds of the consumer; and for us in the hospitality community, it really hit home when news surfaced of a breach at White Lodging properties throughout the ...

Considerations Before Entering into an Equity in Exchange For Professional Services Agreement: Part 1

by Rose Gregory in Hotel Development, Legal. Posted March 6, 2014

America has a rich history of entrepreneurs who have changed the course of history with an invention or new business enterprise. This history continues, as a modern chapter is being written in the new millennium as the information technology boom has created a “start up” hysteria. More and more individuals have taken up the dream ...

Costa Mesa to Slap Hotels with Fines for Too Many Police Calls

by Bradley Zint in Legal, Lodging. Posted February 27, 2014

Costa Mesa hotels will have to pay a fine if they attract an “excessive” amount of police attention under a new law aimed at properties run by what one City Council member referred to as “slumlords. Under the ordinance approved Tuesday, motels and hotels could incur fines of hundreds of dollars if they generate above ...

Mutual Legal Assistance Treaties – Understanding the Basics of Joint US/Foreign Cooperation in Criminal Justice Matters

by Steve Cocco in Legal. Posted February 20, 2014

Recently, much discussion has occurred in the US press and in other circles regarding the recent conviction-upon Italian government appeal-of Amanda Knox in the murder of her roommate, Meredith Kercher. Will the US extradite her? Is she subject to Italian law? Is this double jeopardy, since she was acquitted once already (after a successful appeal post-conviction ...

Legal ( Page 39 )