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Hospitality Industry Corporate Counsel

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Questions Whether ADA Tester Case Is Moot

On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more

Fisher Phillips

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

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Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

Baker Donelson

Fourth Circuit Holds Website "Tester" Has Standing to Sue Under the ADA

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Businesses take note: In Laufer v. Naranda Hotels, LLC, No. 20-2384, decided February 15, 2023, the Court of Appeals for the Fourth Circuit decided that a self-professed 'tester' who has filed hundreds of similar lawsuits...more

Fisher Phillips

Top 10 List – Keep Your Eyes on These California Employment Bills on Governor Newsom’s Desk

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Eight months of legislative wrangling and dealmaking have come to an end as the California Legislature just wrapped up work for the year – and now employers across the Golden State turn their eyes to the governor’s office to...more

Jackson Lewis P.C.

Restaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds

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A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...more

Fisher Phillips

The Top 15 Workplace Law Stories from October 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL’s Dual Jobs Final Rule: Will It Be a Horror Show for Employers?

On October 28, 2021, the U.S. Department of Labor (DOL) released a final rule that may cause many employers in the restaurant, hospitality, and service industries to rethink and/or end their use of tip credits under the...more

Benesch

U.S. Department of Labor Proposes Employee-Friendly Rules for Tipped Workers

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On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more

Fox Rothschild LLP

DOL Proposes Rules To Limit ‘Side Work’ For Tipped Employees And Regulate Tip Credits

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On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA). These new rules would reinstate the so-called “80/20” rule under...more

Jackson Lewis P.C.

NYC Creates BIPA-Like Requirements For Retail, Hospitality Businesses Concerning Biometric Information Collected From Customers

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Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities. ...more

Moore & Van Allen PLLC

As States Begin to Ease COVID-19 Restrictions, How Are Businesses Faring in Business Interruption Coverage Disputes?

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When state and local governments began issuing shutdown and stay-at-home orders a little over a year ago, it was difficult to fathom how long businesses would be struggling to operate within the boundaries of the...more

ArentFox Schiff

Class Actions Quarterly Update: How Have Plaintiffs’ Class Actions Suing For Coverage for Business Interruptions From Covid-19...

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Our initial alert highlighted various hospitality and service industry businesses suing their insurers to recover for losses arising out of closure and stay-at-home (Civil Authority) orders. Since then, thousands more...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Faegre Drinker Biddle & Reath LLP

The Ship Has Sailed on Plaintiffs’ Efforts to Recover for Mere Fear of Contracting COVID-19

On February 21, 2020, the cruise ship Grand Princess embarked from San Francisco, headed to Hawaii. Among the ship’s 3,533 passengers and crew were 62 people who had been exposed to COVID-19 on the ship’s immediate prior trip...more

Foley & Lardner LLP

Strategy Considerations for Defending COVID-19 Related Class Actions

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Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against hospitality and leisure industry companies, like hotels, timeshares, fitness and social clubs,...more

Buchalter

Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in...

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As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry. Indeed, such...more

Payne & Fears

[Webinar] Is Your Hotel/Casino Insured for its Coronavirus Business Interruption Losses? - April 2nd, 4:00 pm - 5:00 pm PDT

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Resorts, hotels, casinos, and others in the hospitality industry are experiencing devastating losses as the result of recent government shutdowns in response to the COVID-19 pandemic. Is there anything you can do to salvage...more

Fisher Phillips

Hidden Danger: Where Is Your CCPA Notice?

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As I was checking my wife and myself into a nearby beach town resort during a recent spontaneous trip, I wondered when the smiling gentleman behind the counter would present me with the hotel’s CCPA notice. I am referring, of...more

Seyfarth Shaw LLP

ADA TITLE III Litigation: A 2019 Review And Hot Trends For 2020

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Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more

Fisher Phillips

Labor Board Grants Employers Greater Rights To Limit Union Activity On Premises

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The National Labor Relations Board issued a decision on Friday reversing 37 years of precedent and thereby granting employers greater rights to limit union activity on their premises. Under the “public space” exception,...more

Fisher Phillips

Coming Clean About Religious Discrimination: How A Hotel’s “Sins” Resulted In The “Holy Grail” Of Verdicts For A Dishwasher

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A Florida federal jury recently handed down a shocking $21.5 million verdict in favor of a dishwasher alleging religious discrimination when she was fired after refusing to work Sundays. This case begs the question... how did...more

Davis Wright Tremaine LLP

California Employment Legislation Update: What’s New for 2019

A number of new and significant California employment laws have been added to the books and will take effect on January 1, 2019. Employers should take note of the following key statutory developments and adjust their policies...more

Littler

DOL Re-Issues 2009 Opinion Letter and Loosens Rules to Apply a Tip Credit to Employees Who Perform Side Work

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On November 8, 2018, the U.S. Department of Labor (DOL) reissued and adopted a nearly decade-old opinion letter to clarify how employers must pay tipped employees who perform dual jobs. ...more

Parker Poe Adams & Bernstein LLP

Management Company Possibly Considered Hotel Worker's Employer for Title VII Liability

In the hospitality industry, it is fairly common for a hotel to retain a management company to run housekeeping, food and beverage, and other functions. While the management company may supervise and direct the work of hotel...more

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