Legal - HospitalityLawyer.com®

When is a Union Not a Union? When It’s a “Worker Center”

by Steve Bernstein in Food & Beverage, Human Resources, Legal, Lodging. Posted June 4, 2015

When the word union is thrown around everyone seems to cringe. Steve Bernstein walks us through the ins and outs of what “worker centers” concept. The fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, rallying around wages, benefits and other conditions. The strategy invoked by these so-called “worker centers ” (or ...

Can an Anonymous Tip Result in a Legal DUI Traffic Stop?

by Richard Blau in Legal. Posted June 4, 2015

The Gist One of the primary concerns of law enforcement generally, and state alcohol regulators in particular, is the war on drunk driving. Many law-related initiatives have been adopted over the years to fight the scourge of drunk driving. Over 20 years ago, the state-by-state campaign to lower the official Blood Alcohol Content (BAC) threshold used to determine ...

California Lifts Ban on Sale of Foie Gras

by Jordan Bernstein in Food & Beverage, Legal. Posted June 4, 2015

For the first time in two years, foie gras can be sold by retailers and gourmet California chefs can add the delicacy to their menus. A U.S. District Court judge yesterday ruled that the prohibition on the sale of the fatty liver dish violated the federal government’s regulatory domain. The judge based his decision on ...

Managerial Exemption and Class Actions

by Colin Calvert in Human Resources, Legal. Posted June 4, 2015

On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class actions claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill battle. William Dailey v. Sears, Roebuck and Company. Background Sears operates several auto centers throughout the San Diego area. The auto centers ...

Love is in the Air: Workplace Romance Policies

by Ria Chattergoon in Human Resources, Legal. Posted June 4, 2015

Ria Chattergoon of Fisher & Phillips recently published an article titled “Love is in the Air” in our partner publication In the Mix. In this piece, she discusses some factors that lead to romantic attraction between employees, and the steps companies should take to ensure a relationship won’t end in litigation. Read More (Page 34)!

Foreseeing Criminal Activity on Your Premises

by Maryalyce Cox in Legal, Lodging, Safety & Security. Posted June 4, 2015

A guest walks to the front desk of a hotel and reports that his car window has been smashed and his laptop and GPS unit have been stolen. His car was parked in the hotel parking lot. The hotel manager calls the local police and reports the crime, and then the guest turns to the ...

What Came First — Management Discipline or the Employee Complaint?

by Tillman Coffey in Human Resources, Legal. Posted June 4, 2015

You finally have decided to take the long overdue disciplinary action. Just before you do, the employee to be disciplined, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first you’ve heard of this problem. Is the complaint legitimate? What do you do? Continue with the planned disciplinary action? Put ...

Keeping Your Undocumented Employees Authorized for Employment

by Gregg Rodgers in Human Resources, Legal. Posted May 15, 2015

In today’s post, Gregg Rodgers, Chair of GSB’s Immigration Practice Group and member of our Hospitality, Travel & Tourism practice team, provides us with the latest updates regarding the federal processes that authorize employment for certain undocumented persons. In my previous blog post, I discussed how recent Presidential Executive Actions had made it possible for certain people who reside in ...

A Safe Night Out: Things to Avoid When Serving Alcohol

by admin in Food & Beverage, Legal, Safety & Security. Posted May 14, 2015

For many young adults, a night on the town involves heavy alcohol consumption. In a perfect world, patrons would regulate themselves; no “one shot too many” incidents, no getting behind the wheel after downing a few Jägerbombs, and so on. Of course, in the real world, this stuff happens all the time. Be warned: A ...

Gun Policy and the Hospitality Industry: Ways to Consider Your Own Firearm Policy

by admin in Food & Beverage, Legal, Lodging, Safety & Security. Posted May 14, 2015

Firearms and gun control occupy a hotspot right in the middle of the modern psyche. Every facet of this issue—high-capacity magazines, concealed carry rights, background checks—inspires strong feelings and opinions from most people. Gun control currently enjoys a spotlight that had been absent since the Columbine High School shootings, and it really does affect everyone ...

Legal ( Page 39 )