Legal Issue - HospitalityLawyer.com®

Employer-Mandated Tip Pooling Guidelines

by Wilson Elser in Food & Beverage, Legal. Posted May 31, 2018

Tips and their distribution among the staff have plagued the hospitality industry for years. Federal courts interpret the federal law differently and states have enacted their own statutes that place employers in constant uncertainty, depending on where they are located. Also, tip pooling arrangements have been a regular part of many restaurant operations and are ...

Hotels and Consumers Making Headway in Anti-Room Poaching Battle

by Brittany Fayette in Legal, Lodging. Posted May 29, 2018

It’s estimated that room poaching results in upwards of $1.3 billion in lost revenue for hotels and lost funds for consumers every year. As hotels and consumers look for a way to fight against these losses, trademark infringement may be emerging as the most effective tool. Room poaching occurs when companies position themselves as an ...

Beware of the ICE: Hospitality and Retail Industries Need to Prioritize Immigration Compliance

by Charles Spitz in Food & Beverage, Human Resources, Legal, Lodging, Risk Management. Posted May 19, 2018

From the beginning of his Presidency, immigration compliance has been a top priority for President Trump. This has included the removal from the U.S. of individuals that U.S. Immigration and Customs Enforcement (ICE) terms “higher priority.” While ICE’s enforcement efforts have included a variety of methods and venues, an expansion into worksite enforcement has also ...

Two Sides of the Hotel Security Equation

by Hayley Pham in Insurance & Loss Prevention, Legal, Lodging, Risk Management, Safety & Security. Posted May 17, 2018

Recently, as we were planning and executing two conferences at two different hotels, we encountered such totally different perspectives on conference attendee safety that we wondered if we were in a reality TV show. Here’s a look at how that script might play out: Hotel safety protocols Scene I Exterior: London, England. Upscale major branded ...

Employee Training is Key to GDPR Compliance

by Melissa Dials in Insurance & Loss Prevention, Legal, Technology. Posted May 3, 2018

The EU’s General Data Protective Regulation (“GDPR”) goes into effect on May 25, 2018. It is a mammoth regulation and perhaps the most significant European data protection legislation in more than 20 years. In fact, the European Commission just released a new website to help stakeholders, including businesses, with implementation. With its global reach, applying to any ...

5 Things Businesses Need to Do If They Think They’re About to Be Sued

by Joseph Arellano in Insurance & Loss Prevention, Legal. Posted May 1, 2018

How prepared are you to handle being sued? The shock of a lawsuit often catches businesses off guard, leaving them vulnerable to complications that could have been easily avoided. Having a plan and acting swiftly can go a long way in terms of limiting your exposure, minimizing unnecessary case hiccups and maintaining a healthy morale ...

Sex Trafficking Continues to Raise Significant Concerns for the Hospitality Industry

by Charles Spitz in Hotel Development, Legal, Risk Management, Safety & Security. Posted April 24, 2018

A variety of lawsuits and legislative efforts across the U.S. are reinforcing that the hospitality industry plays a crucial role combating human trafficking in hotels, motels, and other facilities. They also demonstrate that anti-trafficking compliance and training can help not just battle the problem at the ground-level, but also reduce potential civil liability for owners/operators ...

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

by Edward Harold in Food & Beverage, Human Resources, Insurance & Loss Prevention, Legal, Risk Management. Posted January 16, 2018

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory company employees, cleaning crews, security guards, and delivery personnel. Whether you could be liable as a retailer for the conduct of one of ...

Surf’s Up! Don’t Become The Next Victim Of A Surfing Suit

by Michelle Anderson in Food & Beverage, Hotel Development, Insurance & Loss Prevention, Legal, Technology. Posted December 30, 2017

The past few years have seen a steep increase in litigation brought against hospitality businesses under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of a building, bathroom, or parking lot do not comply with the ADA’s detailed standards and regulations. With the goal of creating a ...

Legal Perspective on the Health, Safety & Security Responsibilities for US Mobile Workforce

by Lauren Cell in Human Resources, Legal, Risk Management, Safety & Security, Travel. Posted November 21, 2017

Fisher & Phillips LLP attorneys are not only well equipped to assist employers in developing or updating safety and health management programs for employees working domestically, but can also assist employers who are sending employees to work abroad –something that is becoming the norm rather than the exception for United States employers. Often times, employers ...

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