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Remember to Include Non-Discretionary Income When Calculating Overtime Pay Under the FLSA

by Daniel Kaplan in Human Resources, Legal, Risk Management. Posted October 26, 2023

One of the most common mistakes made by employers is the failure to properly calculate the regular rate when paying overtime compensation to employees under the Fair Labor Standards Act (FLSA). The FLSA is a cornerstone of labor law in the United States, intended to ensure that employees receive fair compensation for their work. One crucial aspect ...

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The Importance of Due Diligence in M&A Transactions

by Foley Lardner in Legal, Risk Management. Posted October 12, 2023

In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure compliance, plan for integration, and set the stage for a successful and value-enhancing merger or acquisition. The acquiring company, with its legal, tax, ...

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Threat of Harm to Others — What’s an Employer to Do?

by Bennett L. Epstein in Human Resources, Legal, Risk Management. Posted October 5, 2023

An employee who operates a forklift begins to act erratically. While he had always been a solid performer, his judgment is off, and he is quick to become angry. The supervisor fears he might injure someone. What should the employer do? One step the employer must take is to determine whether the errant behavior is ...

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Travel Risk Practices for a Dynamic World

by Dale Buckner in Risk Management, Safety & Security, Travel. Posted October 3, 2023

Even in destinations with seemingly low risk, it is essential for corporations to have robust travel risk management protocols and response plans in place as part of their duty of care obligation to their workforce. Fires swept across the Hawaiian Island of Maui, causing substantial damage to property, and tragically, a significant loss of life. ...

Protecting Your Digital Privacy: Practices, Tools, and Using Professional Security

by Global Guardian in Risk Management, Safety & Security, Technology, Travel. Posted August 29, 2023

How exposed is your personal information online? Learn what PII might be found on the open and dark web, what it means for your security, and digital privacy best practices to protect your online footprint. In an era where our lives are increasingly intertwined with digital technologies, safeguarding our digital privacy and data security has ...

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10 Reasons Why It Is Critical For Employers To Get OSHA Injury and Illness Recordkeeping and Reporting Right — And How to Ensure It is Done Right

by Conn Maciel Carey in Human Resources, Insurance & Loss Prevention, Legal, Risk Management. Posted July 17, 2023

Although OSHA injury and illness recordkeeping and reporting has always been important from an OSHA compliance perspective, making correct recording and reporting decisions (i.e., not over- or under- recording or reporting) has never been more vital than it is today. We are at a moment in OSHA’s history when the agency is clearly staffing up ...

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Fentanyl in Hotels

by HospitalityLawyer.com in Human Resources, Lodging, Risk Management, Safety & Security. Posted April 11, 2023

Moderated by Stephen Barth, this recorded presentation features a discussion about fentanyl in the hospitality industry. Gain insights from Brad Bonnell, Principal at Hotel Security Group; Sherri Foster, Director of Safety & Security at Extended Stay America Management; Salvatore Caccavale, Principal at Global Hospitality Security Solutions; and Marshall Gilinsky, Shareholder at Anderson Kill. The presentation ...

Inaugural Master Class for Hotel & Restaurant Corporate Counsel

by HospitalityLawyer.com in Featured, Legal, Lodging, Risk Management, Safety & Security. Posted October 5, 2022

A few weeks ago we hosted our Inaugural Virtual Master Class for Hotel & Restaurant Corporate Counsel aimed at improving corporate counsel law departments. It consisted of an interview with Stuart Kreindler, VP, Assistant General Counsel – Litigation & Risk Management at Choice Hotels International, followed by a presentation on “What is Top of Mind for ...

Hotel Safety and Security Risks to Owners, Operators & Insurance

by Hagwood & Tipton in Insurance & Loss Prevention, Lodging, Risk Management, Safety & Security. Posted June 29, 2022

The extent of liability to the owner, operator, and insurer of a hotel for any injury to a guest on the premises must always be determined on a case-by-case and state-by-state basis. However, there are some general principles that can be helpful in mitigating risk for each of the aforementioned parties when a guest is ...

Website Litigation Under the ADA:
Protect Your Property from Lawsuits

by Conn Maciel Carey in Food & Beverage, Legal, Lodging, Risk Management, Technology. Posted May 26, 2022

Despite the pandemic, lawsuits filed across the country against hotels and resorts alleging their websites violate the Americans with Disabilities Act (“ADA”) have not slowed down. These lawsuits continue to allege two different types of ADA violations, each of which are addressed below: The first type of website accessibility case deals with whether a hotel ...

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