News & Analysis as of

Hospitality Industry

Hyatt Data Breach Impacts 41 Locations in 11 Countries

Hyatt Hotels Corporation recently announced that it had identified malicious software code resulting in unauthorized access to customer payment card information. Hyatt disclosed that upon investigating the incident, it...more

City Council Passes “Hands Off, Pants On” and Automated External Defibrillator Ordinances for Chicago Hotels

by Franczek Radelet P.C. on

On October 11, 2017, the Chicago City Council passed the so-called "Hands Off, Pants On" Ordinance requiring Chicago hotel employers to provide all housekeepers and restroom workers who work alone with mobile notification...more

Florida’s Minimum Wage Rises to $8.25 in 2018

Florida’s minimum wage will increase effective January 1, 2018 as follows: - Florida’s minimum wage will increase by 15 cents from $8.10 to $8.25 per hour. - Florida’s minimum wage for tipped employees will increase by 15...more

Are Restaurant No-Tipping Policies the Product of an Antitrust Conspiracy?

In July of 2013, Danny Meyer, the CEO of the Union Square Hospitality Group, tweeted that he was considering eliminating tipping at his restaurants and solicited the opinion of other restaurant owners. Meyer and others...more

Ninth Circuit Rejects DOL's Interpretation of Tip Credit Rule

Employees who receive gratuities may qualify for a special federal minimum wage set well below the standard $7.25 per hour. Employers are entitled to use the employees’ tips to reach the full minimum wage under the Department...more

OTA & Travel Distribution Update - Sep. 29th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending September 29, 2017 is below. This week’s Update is a lengthy one and contains a number of stories that, although not directly associated with distribution, I...more

Chicago City Council Committee Approves Hands Off-Pants On Ordinance to Protect Hotel Employees

On October 2, 2017, the Chicago City Council Committee on Workplace Development and Audit approved an amendment to the Municipal Code (the “Ordinance”) that, if approved by the full City Council, will require hotel employers...more

Pennsylvania Revenue Package Update – Increase in Hotel Tax Now Possible

We are writing to update you on the status of budget negotiations in the Pennsylvania General Assembly. The potential storage tax that we wrote about earlier this week is currently off the table, but current talks include an...more

OTA & Travel Distribution Update - Sep. 22nd, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending September 22, 2017 is below. This week’s Update features a wide variety of stories on distribution, short-term rentals and loyalty programs....more

H-2B Cap Increase Temporarily Eases Pain of Returning Worker Exemption Expiration

by McNair Law Firm, P.A. on

The H-2B visa program allows businesses in the United States to sponsor foreign nationals for a temporary visa to work in nonagricultural jobs. The H-2B program is popular among employers in the hospitality, tourism, and...more

Getting “Tip”-sy: What Brewers Need To Know About Tip-Pooling Arrangements

by Bowditch & Dewey on

Over the summer, news broke that Surly Brewing Co. was found liable by a Minnesota court for violations of the state’s tip-pooling law. The brewery, which operates a large beer hall in Minneapolis, was accused by a former...more

Expedia targeted once again by the French

by Bryan Cave on

Following the French Economy Minister’s claim against Expedia in 2013, the Paris Court of Appeals, by decision dated 21 June 2017, heavily fined this Online Travel Agency (OTA), considering that certain provisions in the...more

OTA & Travel Distribution Update - Sep. 15th, 2017

by Garvey Schubert Barer on

Our weekly OTA & Distribution Update for the week ending September 15, 2017 is below. The week’s short Update features a heavy dose of OTA stories...more

OTA & Travel Distribution Update - Sep. 8th, 2017

by Garvey Schubert Barer on

This week’s update features a number of traditional “distributor” stories and updates on short-term rentals. We elected not to include a story involving the much-publicized leadership changes at Expedia (and Uber) as I’m sure...more

Restoring Common Sense To Determining Who is a Tipped Employee. Case Summary: Marsh v. J Alexander’s

by Buchalter on

In Marsh v. J. Alexander’s, The Ninth Circuit issued a fundamentally important opinion supporting the hospitality industry nationwide. Specifically, the Ninth Circuit rejected the U.S. Department of Labor’s (“DOL”) disastrous...more

Hidden Hiring Landmine: Fair Credit Reporting Act Obligations

by Fisher Phillips on

Every year, an increasing number of states and localities clamp down on an employer’s ability to ask about applicants’ criminal histories (our update from earlier this year provides a good primer). The good news is that...more

Country Inns Being Pushed Out

by Miles & Stockbridge P.C. on

A Country Inn provides a venue for a cozy dinner or event and possibly an overnight stay nestled in a rural setting in Montgomery County. It is a nice, relaxing getaway from the hustle and bustle of the busier parts of...more

Virginia’s Tourism Development Financing Program Gains Steam Around the State

by Williams Mullen on

The unique financing alternative afforded to tourism project developers under Virginia Code Section 58.1-3851.1 creates exciting opportunities for growth in tourism and resort areas throughout the state. The expected...more

Valuing the Older Hospitality Facility Can Be Complicated

by Dickinson Wright on

Hospitality facilities built in the 1980s or 1990s (or earlier) tend to have design and layout configurations that are out of touch with a franchisor’s present market requirements. This jeopardizes the continued franchise...more

Hospitality Employers Beware: Confusion of the Use of the Tip Credit Persists

by Holland & Knight LLP on

• The Ninth Circuit recently rejected federal Department of Labor (DOL) interpretive guidance that banned employers from using the federal tip credit for time spent on non-tip-generating activities if those tasks exceed 20...more

Department of Labor Moves to Rescind 2011 Tip Pooling Regulations

by Baker Donelson on

On July 20, 2017, the Department of Labor (DOL) indicated via the federal government's Unified Agenda of Regulatory and Deregulatory Actions that it plans to propose a rule that would rescind some of the more onerous...more

OTA & Travel Distribution Update - Aug. 25th, 2017

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update for the week ending August 25, 2017 is below. This week’s Update once again shows that August shaped up to be a relatively quiet month in the distribution world....more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

by Fisher Phillips on

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

Governor's Order Protects Against Price Gouging Following Hurricane Harvey

by Holland & Knight LLP on

• In addition to providing much needed relief for the people and businesses affected by Hurricane Harvey, Texas Gov. Greg Abbott's declaration of disaster also has implications for anyone doing business within the affected...more

Relishing the Moment: Tenth Circuit Allows Restaurant to Keep Server Tips and Rejects DOL Regulation

In a victory for restaurant employers, the Tenth Circuit Court of Appeals has ruled that Relish Catering can keep customer tips without violating the Fair Labor Standards Act (FLSA), so long as the employee is paid at an...more

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