Hospitality Industry

News & Analysis as of

Feds Fast-Forward "Fissured" Focus

As David Weil, the still relatively new United States Department of Labor (DOL) Wage and Hour Administrator describes it, an industry is “fissured” when large companies no longer directly employ the workers that produce their...more

Must Gluten-free Be Free? What You Should Know About Celiac Disease and the ADA

Restaurants nationwide are beginning to offer gluten-free alternatives to regular menu items. This is welcome news to those long suffering from celiac disease, a chronic and serious immune reaction to eating gluten, a protein...more

Third Circuit Hears Oral Argument Over Whether FTC Has Authority To Regulate Data Security

After much anticipation, the Third Circuit heard oral arguments (audio) last Tuesday in the interlocutory appeal in FTC v. Wyndham Worldwide Corp. We have written previously about this case, which likely will be a significant...more

Update: Hotel Industry Members Withdrawal FCC Wi-Fi Petition

This is an update to an article we posted on January 28, Can Hotels Legally Block Wi-Fi Hot Spots? The FCC Says No, and Fines a Hotel $600,000 For Doing It. On August 25, 2014, the American Hotel & Lodging Association,...more

How New Marijuana Laws Will Impact the Hospitality Industry

On Feb. 10, 2015, Bill Berger and Matt Arentsen led a roundtable discussion at the Hospitality Law Conference in Houston, Texas. Speakers and attendees at the conference represented a broad spectrum of hospitality industry...more

Limiting Off-Duty Access To The Hotel

Many hospitality employers are surprised to learn that employees have a right under federal labor law to access the exterior, nonworking areas of the hotel property in their off-duty hours for union or other protected...more

New York Tip Law Update: Subminimum Wage for Tipped Employees Will Increase to $7.50 per Hour on December 31, 2015

On February 24, 2015, New York State Acting Commissioner of Labor Mario J. Musolino issued an order (“Order”) increasing the subminimum cash wage for all tipped workers in the hospitality industry from the current $5.00...more

Conference Attracts Industry-Focused Lawyers And Hospitality Leaders

Fisher & Phillips lawyers joined hundreds of industry executives, lawyers, and security experts in Houston for the 13th Annual Hospitality Lawyer Conference. The three day conference featured general sessions and workshops...more

New York Department of Labor Increases Minimum Tipped Wages

On February 24, 2015, the Acting Commissioner of the New York State Department of Labor adopted the recommendations set forth by the three-member New York State Department of Labor Wage Board affecting tipped workers in the...more

NYS Acting Commissioner of Labor Accepts the Wage Board’s Recommendation to Increase the Minimum Wage for Tipped Employees in the...

New York State’s Acting Commissioner of Labor, Mario Musolino, issued an Order today, accepting most of the recommendations made by the Hospitality Industry Wage Board, including the recommendation to increase the minimum...more

Trump Taj Mahal Fined Record $10 Million for Inadequate AML Program

As disclosed recently in a bankruptcy court filing, on January 27, 2015, the Financial Crimes Enforcement Network (“FinCEN”) imposed a $10 million civil money penalty pursuant to the Bank Secrecy Act (the “BSA”) on Trump Taj...more

Succession planning for the family-owned hospitality business

Succession planning for the family-owned hospitality business: protecting your family and your business - The hospitality industry has been kind to families over the centuries, providing a good living for many, and...more

May an Innkeeper Legally Limit the Age for Accepting Children as Guests?

The Pennsylvania Innkeepers’ Rights Act (“Act”), effective December 30, 1996, allows Innkeepers to deny, without liability, accommodations, facilities or privileges to persons who do not demonstrate the financial ability to...more

2015 Wage and Hour Law Update for Hospitality Industry Employers in New York

This Employment Law Spotlight blog post highlights important changes to New York’s wage and hour laws covering private employers in the hotel and restaurant industries, not including resort hotels. These changes are already...more

New York Wage Board Recommends $7.50 Hourly Wage for Tipped Workers

Under a proposal recommended by the state’s Wage Board on Friday, January 30, 2015, tipped workers in New York state, including restaurant servers and hospitality workers, would have their minimum hourly wage increased to...more

New York Hospitality Industry Wage Board Recommends Increase in Tipped Employee Minimum Wage

On September 15, 2014, the New York State Commissioner of Labor assigned the three-member Hospitality Industry Wage Board (“Wage Board”) with the task of reviewing and making recommendations regarding what changes, if any,...more

The Diminishing Tip Credit: Another Reason it is becoming Harder to Comply with Wage & Hour Laws in New York

Executive Summary: On January 30, 2015, the New York State Department of Labor's ("NYSDOL") Wage Board (the "Wage Board") voted to recommend a fifty percent increase in the minimum hourly rate for tipped workers, from $5.00...more

Pinnache and Pizzazz or Milquetoast and Vanilla

Some people speaking with style. Some put you to sleep. Most law firm websites are the latter. Law firms are so afraid of offending someone that they fail to capture the hearts of anyone. We’ve tried to be the former, to let...more

Can Hotels Legally Block Wi-Fi Hot Spots? The FCC Says No, and Fines a Hotel $600,000 For Doing It.

In a public notice issued this week, the Federal Communications Commission (FCC) warned hotels, convention centers and other businesses that it is illegal to willfully block or interfere with their guests’ Wi-Fi hot spots...more

Client Alert: Hotel Service Charges Don't Always End Up in Employee's Tip Jar

In Audio Visual Services Group, Inc. v. Superior Court (Juan Solares), Los Angeles Superior Court Case No. B256266, Filed January 21, 2015, the Court of Appeal held that the Hotel Service Charge Reform Ordinance ("Ordinance")...more

FRANCHISOR 101: Accidental Franchises in Industries Not Typically Associated With Franchising

Almost everyone recognizes the nation's most prominent franchises: McDonald's, Domino's, Hilton or 7-Eleven, to name a few. And business people are becoming aware that arrangements that look like franchises, but are...more

Navigating the Cyber Liability Storm - Part II

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...more

Navigating the Cyber Liability Storm Part I

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...more

Are Taprooms on the Horizon in Georgia?

The State of Georgia is one of just four states left that adhere to dated laws prohibiting the sale of craft beer on-site. In Georgia, a craft brewery must sell its product to a distributor and that distributor must sell the...more

Ahwahnee, By Any Other Name

What’s in a name? Apparently $51 million. The National Park Service is currently looking for a new concessionaire to manage hotels, transportation, recreation activities, and other facilities and services in Yosemite...more

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