Labor and Employment - HospitalityLawyer.com®

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Federal Pregnant Workers Fairness Act Goes Into Effect

by Anderson Kill in Human Resources, Legal. Posted August 15, 2023

On June 27, 2023 the Pregnant Workers Fairness Act (PWFA) went into effect, and the Equal Opportunity Employment Commission (EEOC) began accepting charges under the new law. Signed into law by President Biden on December 29, 2022, the PWFA requires “covered employers” to provide “reasonable accommodations” to workers with known limitations related to pregnancy, childbirth, ...

Foreground focus is on a glass jar labeled "tips" in chalk. The jar is sitting to one side on a rustic wooden table, full of coins and bills, with coffee shop scenery in the background.

Labor Department’s “New” Tip Credit Rule is Here to Stay…For Now: A 10-Step Plan for Hospitality Employers

by Fisher Phillips in Food & Beverage, Human Resources. Posted August 10, 2023

A federal court just refused to block the U.S. Department of Labor’s infamous 80/20 rule, which applies to employers that take the tip credit toward their minimum wage obligation under federal wage and hour law – which means now’s time to ensure you’re in compliance. Several restaurant industry groups filed a lawsuit seeking to halt ...

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Blurred Lines for Today’s Workplace: Employer Liability for Employee Conduct Outside of the Traditional Workplace

by Katharine Beattie in Human Resources, Legal. Posted July 25, 2023

In a post-pandemic world, the four walls of the office no longer define the workplace. With more and more employees working either remotely or in hybrid roles, employers need to be mindful of their obligations to ensure that their employees are protected from harassment, discrimination, and retaliation, no matter where the employees find themselves working. ...

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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 ...

How to Transform Your Workplace After the Great Resignation

by Fisher Phillips in Human Resources. Posted May 10, 2022

The Great Resignation In 2021, our recovering economy experienced two historic, yet contradictory trends. First, the demand for workers returned in spectacular fashion, skyrocketing at unprecedented rates. Second and conversely, millions of potential workers have remained unemployed on the sidelines. The tension between the two economic patterns has given rise to a unique job market ...

Hospitality Quest 2019: The Search For The Elusive Employee

by Fisher Phillips in Food & Beverage, Human Resources, Legal. Posted July 4, 2019

“Hey Steve, this is Mr. Joe over here at Big Eats. Man, I have a problem and I need to pick your brain. I can’t find enough applicants and hire enough employees to fill the openings I have at my stores. I even had to close down the store over on 42nd Street one day ...

Canadian Employment Laws

by Osler Hoskin Harcourt in Human Resources, Legal. Posted April 30, 2019

If you operate a hotel anywhere in Canada, you need to consider employment-related laws in the province or territory where the hotel is located. The following is a summary of some important differences between U.S. and Canadian laws. No “Employment at Will”The U.S. concept of employment at will does not exist in Canada. In Canada, ...

Would You Like Fries And A Political Opinion With That? Regulating Employee Buttons, Pins, And Insignia In The Workplace

by Fisher Phillips in Food & Beverage, Legal. Posted November 27, 2018

Burgers and buttons are making headlines again. Employees at Burgerville—a fast-food restaurant chain in the Pacific Northwest—recently took to wearing buttons to work and were sent home for the day. These buttons were not your typical “Hi! My Name Is ______” fare. Instead, 10 Burgerville employees in Oregon showed up to work wearing buttons which ...

Mitigating Risk for Rogue Employee Speech

by Daniel Deacon in Human Resources, Insurance & Loss Prevention, Legal, Risk Management. Posted August 9, 2018

Generally, employers can be held vicariously liable for the tortious conduct of an employee committed within the scope of his or her employment. This often arises in the context of negligence cases, such as automobile and workplace accidents. However, employers can also be held liable for defamatory statements made by their employees when those statements ...

California Supreme Court Rejects De Minimis Doctrine for Off-The-Clock Work Claims

by Paul Bressan in Human Resources, Legal. Posted August 7, 2018

On July 26, 2018, the California Supreme Court issued a decision entitled Douglas Troester v. Starbucks Corporation, No. S234969, which should be of concern to all California employers. The specific issue was whether, in tracking the compensable time of its non-exempt employees, Starbucks could ignore minutes that they spend closing up after they clock out ...

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