Hospitality Industry

News & Analysis as of

For Food & Beverage Entrepreneurs, Financing Deals Often Come In More Flavors Than Just Vanilla: Insights from Nutter’s Will...

Will Bernat, a partner in Nutter’s Business Department and a member of the firm’s Emerging Companies and Commercial Finance practice groups, weighed in on financing deals for food and beverage companies in Nutter Insights....more

Wage Orders Likely Pose Compliance Issues for New York Employers

For New York employers, many wage-and-hour obligations are not set forth in the statute. Rather, they are outlined in Wage Orders promulgated by the New York State Department of Labor. The New York DOL has published proposed...more

Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and...more

Safe Travel Series: Dos and Don'ts of Hotel Safety

Hotels are susceptible to a wide array of thefts, scams, hacks, and assaults. Today, the savvy traveler needs to be security conscious. That especially applies to hotels. While any given stay will, in all likelihood, turn out...more

The Totality of Circumstances Test Used to Determine Foreseeability of Criminal Act

Unfortunately, criminal activity occurs at many retail and hospitality establishments. When a patron is attacked and suffers injury, the patron often looks to the establishment for compensation. The determination of whether...more

September 2016 Independent Contractor Misclassification and Compliance News Update

The past month’s judicial and administrative activity in the area of IC misclassification reflects the wide range of industries facing these types of claims: communications; cleaning services; transportation and delivery...more

Trump Hotel Settles with NY Attorney General Over Credit Card Breaches

Trump International Hotels Management has agreed to pay the State of New York $50,000 for two data breaches that exposed over 70,000 customer credit card numbers and other personal information, according to New York Attorney...more

Sleep with an Eye Open: The New Age of Hotel Privacy Intrusion

A hotel is a personal place, even if you share it with thousands of other people. The very obscurity in a crowd can make you feel anonymous, and the private living space allows for the most private of conversations and...more

UPDATE: Bill Requiring Mandatory Training for Alcohol Servers Vetoed by Governor Brown

Update (9.30.16): California Governor Jerry Brown has vetoed AB 2121, a bill that would have required bartenders to complete a course to help them identify customers who may be intoxicated and to intervene. Under the bill,...more

Spoiler Alert: LA Hotel Ordinance Is Here to Stay

There’s a new twist in the ongoing soap-opera like saga surrounding the Los Angeles Citywide Hotel Worker Minimum Wage Ordinance.  The Hotel Associations that opposed the Ordinance have now dropped their two-year law suit to...more

Hotels – Brand Expansion or Brand Explosion?

Consumer oriented companies commonly use “brand extension” to launch a new product by using an existing brand name on a new or related product, often in a different category. These companies use brand extension to leverage...more

[Webinar] Hotel Liquor Licensing - September 27th, 10:00am PST

Join DWT Partner Matt LeMaster and Associate Jeff Giametta for this webinar where they will provide practical advice for dealing with the ins and outs of retail and hotel liquor licensing, including acquisition diligence,...more

Morristown, New Jersey, Passes Paid Sick Leave Ordinance

Private-sector employees who work at least 80 hours during a calendar year in Morristown, New Jersey, will be entitled to paid sick leave under Ordinance No. 35-2016, passed by the Morristown Town Council on September 13,...more

Considerations for Hospitality Industry Employers as They Continue to Prepare for New Salary Thresholds Under White-Collar...

Employers in the hospitality industry should act now to address recent changes to the overtime exemptions for “white collar” employees. Last month, the U.S. Department of Labor (DOL) published its highly anticipated final...more

Florida Open for Captive Insurance Business

After several decades, Florida is back in the business of licensing captive insurance companies. On Aug. 11, 2016, the Florida Office of Insurance Regulation issued a license to a nonprofit Florida corporation, pursuant to...more

Federal Court Finds Depository Bank Not Liable to Third Party for Mobile Remote Deposit Capture Fraud

A recent federal court case in Illinois has addressed whether a depository bank can be held liable for negligence when its customer deposits a check by mobile remote deposit capture, and the bank fails to prevent the customer...more

Federal Appeals Court Refuses To Reinstate Tip-Pooling Policies - Labor Regulation Banning Such Policies Upheld By 9th Circuit...

Restaurants and other hospitality businesses in the Western U.S. received bad news late yesterday as a federal appeals court refused to strike down a controversial tip-pooling regulation. The U.S. Department of Labor’s...more

Trump Hotel False Advertising Suit Against Culinary Workers Union Gets Chopped

Section 43(a) of the Lanham Act is generally considered a broad-based vehicle for asserting false advertising claims. For the owner and operator of the Trump Hotel Las Vegas, however, the statutory section was not broad...more

RAMP Under Act 39 of 2016: Who is Required to Complete Server/Seller Training

As you may be aware, Act 39 of 2016 (“Act 39”) took effect on August 8, 2016, and it brought with it much confusion with regard to the many aspects of the Liquor Code. One area that has brought the most confusion is with Act...more

Motel 6 Sued By EEOC for Pregnancy Discrimination

New Orleans Motel Placed Employee on Unwanted Leave of Absence, Federal Agency Charges - NEW ORLEANS - G6 Hospitality, dba Motel 6, unlawfully placed a pregnant employee on leave solely because of the fact that she was...more

Active Shooters In The Workplace: Is The Hospitality Industry Ready

An armed gunman just entered the lobby of your hotel. He announces he is taking your front desk employees and nearby guests as hostages. An image on a security camera reveals that the gunman is a former bellman who was fired...more

Los Angeles Hotel Ordinance Update

Last week, Nancy Yaffe and I hosted approximately 30 Human Resources professionals in the hospitality industry in our Century City office for a working group discussion on the challenges of the Los Angeles Citywide Hotel...more

Uncorked: Act 39 of 2016 Expands Wine Sales in Pennsylvania

Pennsylvania wine enthusiasts rejoiced when, on June 8, 2016, Governor Tom Wolf signed into law PA House Bill 1690, now known as Act 39 of 2016 ("Act 39"). Act 39 made sweeping changes to Pennsylvania's Liquor Code, loosening...more

HEI Hotels & Resorts Investigating Malware Intrusion

HEI Hotels & Resorts (HEI), which include Hyatt, Sheraton, Marriott and Westin Hotels have notified individuals who purchased food and beverages at 20 locations in 10 states and the District of Columbia that their credit card...more

Oracle’s MICROS Point of Sale Division Hacked

KrebsonSecurity has reported that the Russian organized cybercrime group dubbed the Carbanak Gang, which in the past has been suspected of stealing more than $1 billion from banks, retailers and hotels and restaurants...more

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