Hospitality Industry

News & Analysis as of

Hotel Lawyer at the ALIS hotel conference in Los Angeles — A turnaround in hotel investor sentiment? Was that just a raindrop or...

Hotel Lawyers with first signs of a sea change in investor sentiment about the hotel sector - As our team of hotel lawyers returns from the Americas Lodging Investment Summit (or ALIS) in Los Angeles, we all noticed a...more

December 2015 / January 2016 Independent Contractor Compliance and Misclassification News Update

This Update covers the two-month period of December 2015 and January 2016. The headnote for this period is: don’t classify drivers as ICs unless you do it right! Eight of the nine cases reported below involve drivers....more

North Carolina ABC Regulations Affecting Retail and Advertising Under Review

The North Carolina ABC Commission is conducting a review of the ABC regulations in Chapter 15B (formerly 2S). The regulations under review primarily affect restaurants, bars, private clubs, and other retail establishments...more

Not Just Heads In Beds – Cybersecurity for Hotel Owners

The basics of the hotel business have traditionally been simple: good location, fair prices, appropriate amenities and good service were the keys to success. While those factors are important today, hotels are no longer...more

Strategies for Defending ADA Accessibility “Tester” Lawsuits

In the last 15 months, over 200 complaints alleging ADA accessibility violations have been filed by three individual plaintiffs against Arizona retailers, restaurants, and hospitality entities. These "tester" cases assert...more

New California Employment Laws of Particular Interest to the Hospitality Industry

SB 588: Expanded Individual Liability For Owner, Director, Officer or Managing Agent - Senate Bill No. 588, the "California Fair Day's Pay Act," amends or adds 13 statutory sections to California's Labor Code or Code of...more

Are You Adopting a Service Charge Model to Help Raise Wages?

As lawmakers continue to increase the minimum wage in states and cities across the country, many hoteliers and restaurateurs are implementing service charges and tip pools in order to meet rising costs and help workers earn...more

N.Y. Appeals Court Ruling on Short-Term Rental Lodging May Have Implications for Airbnb and Other “Sharing Economy” Companies

The New York Appellate Division’s recent decision that blocked a municipality’s attempt to regulate a homeowner’s renting out of his individual residence as short-term lodging demonstrates challenges that may face...more

(Un)COOL: How Congress (Unsuccessfully) Made Sausage Labeling Laws

Crises averted in international trade usually make good economics, but unsatisfying politics. They’re a half-loaf of success in which positioning, inertia and self-interest usually win. So it is with the recent repeal of meat...more

Preparing for the Upcoming Amendments to the FLSA Overtime Regulations: A Toolkit for Retail and Hospitality Employers

As we have previously reported, the U.S. Department of Labor’s (DOL) proposed amendments to the Fair Labor Standards Act (FLSA), specifically as to the criteria for the Part 541 “white collar” exemptions, are projected to...more

Fast Food Employers In The Empire State: 10 Wage-And-Hour Issues On The Horizon

Employers across New York State will be ringing in the new year with wage increases — particularly those in the hospitality industry, who face additional increases for qualifying "fast food" workers. This update summarizes...more

Minimum Wage Changes to New York’s Fast Food Industry: New Hospitality Wage Order & FAQs

As we previously discussed in May and July of this year, wage and hour requirements for the fast food industry in New York State are changing starting in the new year. These changes, which go into effect on December 31, 2015,...more

Pittsburgh Paid Sick Leave Ordinance Declared Legally Infirm

In Pennsylvania Restaurant & Lodging Association v. City of Pittsburgh, No. GD 15-016442 (Allegheny Ct. Com. Pl. Dec. 21, 2015), the Court of Common Pleas of Allegheny County found the Pittsburgh Paid Sick Leave Ordinance to...more

New York Adopts Tipped Worker and Fast Food Worker Minimum Wage Regulations

As we reported previously, the New York State Department of Labor (“NYSDOL”) proposed a series of new regulations earlier this year. These proposals included new regulations raising the minimum wage and reducing the maximum...more

Putting Food Donation Liability Protection Laws to Use

Although many of us will share a bountiful table of food with loved ones this holiday season, there are many for whom putting food on the table is a struggle (and not just during the holidays). At the same time, 40% of food...more

Cold Beer Is Apparently Not a Constitutional Right

If you were hoping to pick up a cold one at an Indianapolis convenience store on your way to a holiday party this weekend, think again. The Seventh Circuit Court of Appeals recently issued a decision in Indiana Petroleum...more

Outlook 2016: The new rules for developers raising inexpensive capital with EB-5 financing for hotel, hotel condo and mixed-use...

Hotel Lawyer preview of the new EB-5 financing rules. Although minor tweaks and adjustments continue to be made to legislation in the final hours before Congress votes, it looks like we have a pretty good idea of what...more

FTC Settles with Hotel and Resort Chain Over Data Security Practices

On December 9, the FTC announced a settlement with a leading United States-based hotel and resort chain to resolve charges that the company’s data security practices were unfair and deceptive under Section 5 of the FTC Act....more

Can You Judge A Book By Its Cover? Adopting And Enforcing Dress Codes And Appearance Policies

Many hospitality employers impose strict guidelines on employee appearance, dress, and grooming – and for legitimate reasons. These rules protect your public image, promote a productive work environment, comply with health...more

Nine Reasons To Worry About Safety Compliance

The federal government has taken steps to create additional safety compliance obligations for hospitality employers that will make it more likely you’ll be on the receiving end of an inspection in the near future. So what...more

Hilton Hotels acknowledges payment card breach

Hilton Worldwide has issued a statement that it has “identified and taken action to eradicate unauthorized malware that targeted payment card information in some point-of-sale systems.” The information exposed included...more

OHSA charges dismissed against tourist resort in boating fatality

An Ontario court has dismissed two charges under the Occupational Health and Safety Act against a tourist resort after the Ministry of Labour failed to prove its case. The charges followed an incident in 2012 in which...more

The Marriott-Starwood merger – Is bigger really better? Impact of the merger on hotel owners, franchisees and developers

The proposed merger between Marriott and Starwood will, by all accounts, create a behemoth in the hotel industry. If the merger goes through as planned, the combined company will be the world’s largest hotel company, with...more

Wyndham Ruling Reinforces FTC's Role in Cybersecurity Regulation

In Federal Trade Commission v. Wyndham Worldwide Corporation, the United States Court of Appeals for the Third Circuit held that the Federal Trade Commission (FTC) has authority to regulate cybersecurity under 15 U.S.C. §...more

The Drive-by Plaintiff in the Hospitality Industry

July 26, 2015, marked the 25th anniversary of Title III of the ADA (“Title III”). The U.S. Department of Justice (“DOJ”), charged with regulating Title III, is finalizing regulations affecting a variety of industries,...more

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