Labor and Employment - HospitalityLawyer.com®

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What Employers Need to Know About the EEOC’s Proposed Workplace Harassment Guidance

by Andrea Rodriguez in Human Resources, Legal, Safety & Security. Posted December 12, 2023

The U.S. Equal Employment Opportunity Commission (EEOC) proposed new guidance for employers regarding updates to the law and modern examples of workplace harassment. The public is allowed to comment on the proposed guidance through November 1, 2023. Prior to this release, the EEOC had not updated its guidance regarding workplace harassment since 2017. Needless to say, much ...

An Apple iPhone 6s displaying the Expedia application homepage on the screen while laying next to an American passport.

Online Travel Update: Expedia’s Asia/Pacific Expansion, Hopper’s Operational Shifts, and an ADA Case Update

by Greg Duff in Human Resources, Legal, Lodging, Travel. Posted November 28, 2023

This Update features a variety of stories, including the latest on Hopper and its apparent ongoing transition. Enjoy.

Circle from wooden figures and red figure. Discrimination or harassment concept.

EEOC Issues Proposed Enforcement Guidance on Harassment and Addresses LGBTQ and Racial Employment Issues

by John S. Lord Jr in Human Resources, Legal, Safety & Security. Posted November 16, 2023

Sexual orientation, gender identity, and race continue to be widely discussed and politicized throughout the U.S. Issues related to these protected categories also continue to arise in the workplace. The EEOC recently issued proposed enforcement guidance that will help employers address emerging issues related to these categories, including issues related to employee conflict at work. For example, ...

Employment law concept. Book and gavel on a desk.

2023 Year-End Reminders and 2024 Employment Law Changes

by Francesca Giderof in Human Resources, Legal. Posted November 14, 2023

As 2024 approaches, employers should be mindful of the following 2023 employment requirements, as well as laws which are effective January 1, 2024. If you have any questions regarding compliance on the below requirements, please reach out to your servicing Laner Muchin attorney. 1. Paid Leave for All Workers Act One of the biggest changes ...

Colleagues at a small conference room. Meeting room. Brainstorming.

OSHA Proposes Rule that May Allow Union Organizers and Plaintiffs’ Attorneys to “Walk Around” Workplaces

by Conn Maciel Carey in Human Resources, Legal. Posted November 9, 2023

Earlier in October, OSHA issued a Notice of Proposed Rulemaking for a “Worker Walkaround Representative Designation Process” Rule, which would expand the circumstances when non-employees, particularly union representatives at non-union workplaces, can accompany OSHA inspectors during enforcement inspections. The proposed rule would allow union representatives, other labor or community activist groups, and even plaintiffs’ attorneys (or their ...

Work deadline, business success, and strategy concept. Double exposure

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 ...

7 Steps to Upskill Your Workforce for the AI Era

by Fisher Phillips in Human Resources, Technology. Posted October 24, 2023

How prepared is your workforce for the ongoing AI revolution? It’s not about replacing humans with robots – it’s about reshaping the roles of your employees. As Executive Chairman of the World Economic Forum Klaus Schwab recently said, “In the new world, it’s not the big fish which eats the small fish, it’s the fast ...

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Are Random Acts of Violence Recordable OSHA Injuries?

by John Ho in Human Resources, Legal, Safety & Security. Posted October 19, 2023

According to a recent OSHA standard interpretation letter, probably yes. In the May 17, 2023 letter, an employee drove the company vehicle on a public roadway between service calls. As the employee approached a car accident, the driver who caused the accident entered the company’s vehicle, shot the employee, stole the vehicle, and fled the ...

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Are You Properly Paying Your Bell Staff? 5 Top Questions for Hotels that Take a Tip Credit

by Fisher Phillips in Human Resources, Legal. Posted October 10, 2023

Hotel staff often include a mix of tipped and non-tipped jobs, but following wage and hour rules isn’t always easy, particularly if employees perform a variety of tasks. Some workers — such as servers and bartenders — may neatly fit into the “tipped employee” category, but you may have more difficulty determining whether other workers ...

Businessman sticks out a finger and reproves it.

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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