Government

When The Government Wants Your Property: Eminent Domain – How It Works & How To Be Prepared

by Clint Schumacher in Legal, Lodging, Risk Management, Safety & Security. Posted July 17, 2018

Eminent domain is the power of the government, or a private actor granted that power by the government, to acquire property for public use. We generally view this a necessary nuisance for a functioning society as the power is essential for the efficient development of necessary infrastructure. Eminent domain is commonly used to acquire the ...

Where ‘Natural’ Takes on A Whole New Meaning

by Anderson Kill in Food & Beverage, Legal. Posted August 24, 2017

The term “natural” in the food and beverage industry has long been an effective selling point as U.S. consumers look to live healthier lifestyles. An issue, however, arises when the term is deployed to entice consumers, regardless of whether the product is in fact “natural” as an average person would understand the term. On that ...

“Civil” War At The Workplace: Enforcing Civility Rules In Light Of Federal Roadblocks

by Christopher Alvarez in Human Resources, Legal. Posted July 18, 2017

Almost everyone would agree they prefer to work in a civil and respectful environment. Because of this, many employers have developed policies and training sessions to promote civil and respectful behavior in the workplace. This seems like a logical move, particularly because there exists an obligation to protect employees from illegal harassment, discrimination, and retaliation. ...

Liability for What Goes on behind Closed Doors: Sex Trafficking and the Hospitality Industry’s Privacy Tightrope

by Post & Schell in Legal. Posted April 3, 2017

By Abraham J. Rein, Charles W. Spitz, Marc H. Perry Earlier this month, the Philadelphia hotel Roosevelt Inn, its corporate parents, its New York management company, and an individual owner/manager of the hotel, were sued for allegedly allowing trafficking of sex involving a minor to take place on the hotel’s premises. The case – the first ...

Employment Taxes: A Look at Changing Enforcement Patterns

by James Malone in Human Resources, Legal. Posted March 23, 2017

Roughly seventy percent of the federal government’s revenues come from employment taxes, including FICA and income taxes withheld from employees’ wages. Consequently, threats to that source are taken quite seriously. All employers need to be aware of the significant changes in employment tax enforcement that have increased the risks faced by the non-compliant. Traditional Employment ...

Scaling The Wall Of Conflicting Tip-Credit Provisions

by Corey Goerdt in Legal. Posted February 27, 2017

Corey Goerdt of Fisher & Phillips takes a look at the recent development of tip-credit procedures. Many of these procedures take effect in the early part of this year and are as varied as they are complicated per state and federal standards. We’ve all struggled with what to do when we’re given conflicting orders. Grandma ...

Anticipating Trump’s Impact on Labor Relations in the Hotel Industry

by Dana Kravetz in Food & Beverage, Human Resources, Legal. Posted December 12, 2016

Unlike his oval office predecessor, President-elect Donald Trump is expected to limit federal labor and employment agency activism in wage and hour and other employment-related matters. Hotel owners and franchisors, which in recent months have experienced numerous workforce-related challenges, are likely to witness significant labor and employment policy shifts, a few of which are detailed ...

FLSA Exemption Changes and the Election

by Ted Boehm in Human Resources, Legal. Posted November 15, 2016

Many employers are wondering whether Donald Trump’s election means that they may now forget about the coming [exemption] changes in the federal Fair Labor Standards Act’s “white collar” definitions. The answer is clear: The election results do not suspend or reverse those changes. The Countdown Continues By their own terms, the new regulations are scheduled ...

White House Pushes for Ban on Non-Competes

by David Barron in Human Resources. Posted November 11, 2016

The enforceability of employee restrictions on competition has traditionally been up the states, with some, like California, largely banning such agreements, while others, like Texas, allowing them with reasonable limitations. On Tuesday, October 25, the White House took the unprecedented step of calling on state legislatures to ban non-competes […]. A news report on the ...

Medical Marijuana and the Workplace

by Heidi Quan in Human Resources, Legal. Posted November 7, 2016

Dazed and Confused: How Upcoming Ballot Measures and Cases of Interest Continue to Change the Legal Landscape around Marijuana California’s Compassionate Use Act (CUA) of 1996 decriminalized the use of marijuana for medicinal purposes. However, it did not legalize marijuana. It only shields medical users and caregivers from criminal liability. Recently, Governor Brown signed into ...