Labor and Employment - HospitalityLawyer.com®

Inconsistent Performance Standards Dooms Defense Case

by Sid Steinberg in Human Resources, Legal. Posted August 19, 2017

Over the years, a consistent theme of this column has been that employers need to hold all employees, regardless of protected characteristic, to the same standard in order to avoid even the appearance of discrimination. These are generally “employment words to live by.” Realistically, however, managers often hold more senior employees to a higher standard ...

Workplace Harassment 101

by Daniel Deacon in Human Resources, Legal. Posted July 27, 2017

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to those workplace standards. In particular, sexual harassment has been a significant issue in the workplace since men ...

A New Trend — States Banning Questions Regarding Salary

by Jordan Schwartz in Human Resources, Legal. Posted May 24, 2017

In light of the current political climate and the corresponding lack of legislation being enacted at the federal level, some of the more liberal states and localities have begun to take matters into their own hands and enact their own legislation. One trend that is starting to gain significant momentum is in the field of ...

How ‘Ban-the-Box’ Ordinances Complicate Hiring at Hotels

by Elliott Mest in Human Resources, Legal. Posted March 8, 2017

Beginning Jan. 22, Los Angeles enacted the Fair Chance Ordinance, a so-called “ban-the-box” law that prevents employers from investigating the criminal histories of potential employees before submitting a conditional offer of employment. The goal of the law is to evaluate potential employees without acknowledging criminal history, but it also complicates the employment process. Michelle Sumner, ...

Employers Required to Use New Form I-9

by Andrea Kirshenbaum in Human Resources, Legal. Posted January 30, 2017

As of January 22, 2017, employers are required to use the new Form I-9 issued by the U.S. Citizenship and Immigration Services (USCIS). A link to the new form can be found here. Employers who fail to use the updated form can be subject to fines and penalties, which nearly doubled in 2016 (the minimum ...

Supreme Court Agrees To Wade Into Class Action Waiver Conflict

by Fisher Phillips in Food & Beverage, Human Resources, Legal, Lodging. Posted January 20, 2017

In a widely expected move, the U.S. Supreme Court just agreed to settle a dispute about whether employers can use mandatory class action waivers with their workers. The decision, which should be issued by June 2017, will provide clarity to a topic that has become increasingly muddled over the past year. Employers will spend 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 ...

New IRS Safe Harbors for Publicly-Financed Properties Help Hotel Industry

by Thomson Reuters in Hotel Development, Lodging. Posted November 2, 2016

The IRS recently issued new guidance on safe harbor provisions in management contracts for publicly-owned, bond-financed properties. These safe harbor provisions affect a variety of real estate assets including hotels and other privately managed public properties. On August 22, 2016, the IRS issued Revenue Procedure 2016-44, which provides new guidance on safe harbor provisions for management ...

Social Media Policies Help Limit Liability

by Michelman Robinson in Hotel Development, Human Resources, Lodging. Posted October 11, 2016

A thorough policy helps define what your employees can and can’t say about the company on social channels. As a hotel executive, imagine that one of the managers you oversee shares that an employee is disparaging you and the company on Twitter. You jump online to find a member of your staff posted the following ...

On the Sideboard: Tip Deductions, Side Work, and Meal Credits

by Fisher Phillips in Food & Beverage, Legal. Posted August 22, 2016

by Wendy McGuire Coats and Rochelle Nelson What kinds of employment-related issues are other restaurants facing? Here’s a quick look this summer’s court activity. No Deductions in Tips for Cash Deliveries. A restaurant chain came under fire for violating federal wage and hour laws by deducting cash handling fees from its employee’s tips. The restaurant ...

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