Total Articles: 13
Restaurant Owners: Mistakes Can Cost You Money (Lots of It)
As detailed in our May 2011 Newsletter, employers
in the hospitality and service industries face a
steady stream of wage and hour lawsuits and must
take certain proactive steps to minimize potential
liability. Failing to take action may come with a
steep price tag—a fact underscored by two recent
developments, a sizable damages award resulting
from a federal court lawsuit in Illinois, and a recordsetting
settlement of a state Department of Labor
(DOL) investigation in New York.
Hospitality Industry: Looking For That "Special Look"?
Lots of hospitality employers, and a fair number of retail employers as well, spend time, money, and thought creating a brand or "look." They're trying to create something beyond just a logo or store colors; something that stands out just by looking at the very employees who work there. The way they look. The way they dress.
Hospitality eAuthority (July 2011)
PDF Version of Hospitality eAuthority (Summer 2011).pdf
Wage and Hour Developments in the Hospitality and Service Industry-Simple Steps Employers Can Take
Employers today are facing a barrage of wage and hour lawsuits on an unprecedented scale. Indeed, it is not uncommon to see plaintiffs’ attorneys target a particular industry for “special” attention, especially when there appears to be a significant number of employers unclear about or unconcerned with the obligations imposed by the Fair Labor Standards Act (FLSA) and state wage and hour laws. The hospitality industry has come under just such scrutiny, with single plaintiff and class action lawsuits filed against national chains as well as local “mom and pop” establishments. With no employer immune, there are several areas where a proactive employer should pay particular attention.
Prepare Now: Hospitality Industry Draws U.S. Labor Department's Focus
Recently U.S. Department of Labor's Wage and Hour Division officials unofficially announced the Department's "Hotel and Motel Resort Pilot Initiative." Although no specific strategy or plan has been set forth for this investigation program, it is scheduled to begin in the agency's next fiscal year, which commences on Oct. 1, 2010. Under this initiative, the Division will target and audit hospitality employers in two areascompliance with H2B requirements and the Fair Labor Standards Act.
Body "Art" and "Piercing" Jewelry - Problematic for Employers in the Hospitality Industry?
Body art or tattoos and body piercings of a wide variety are becoming the "norm," especially among younger adults. However, a recent article in USA Today clearly demonstrates that the public does not expect to see tattoos and piercings on the people who greet them when they check into a hotel. The overwhelming majority of readers who commented on the article said it did not matter what type of hotel it was, they did not want to see tattoos and body piercings, besides regular earrings, on hotel workers or other people who deal with the public. One reader added, "Do you want piercings or a career?" While another echoed the same sentiment: "If the pierced, inked lifestyle is the one they chose, they should also accept the lack of opportunities it may represent."
Hospitality eAuthority (Summer 2010).
The Wage & Hour Division's Crackdown on the Hospitality Industry; Hospitality Employment Lawsuit Summaries; Have Government Investigators Made a Reservation at Your Property? Hospitality Employers Targeted for Immigration Compliance Reviews; Increase in OFCCP Audits Expected.
Avoiding Liability for Wage and Hour Violations in the Hospitality Industry (pdf).
Avoiding Liability for Wage and Hour Violations in the Hospitality Industry
Recent Hospitality Employment Lawsuits.
No industry provides more interesting fact patterns in employment discrimination lawsuits than the hospitality industry. And unfortunately, those interesting fact patterns tend to surface with some regularity. The following are summaries of recent employment lawsuits against hospitality employers. Such cases can be instructive to hospitality employers as they strive to minimize the risk of being subjected to similar claims.
Hospitality Industry Draws U.S. Labor Department's Focus.
Fisher & Phillips recently participated in a closed-door meeting with U.S. Wage and Hour Division officials in Washington, D.C. to discuss the Labor Department's "Hotel and Motel Resort Pilot Initiative." There appears to be no specific strategy or plan as yet for this investigative program, but it is scheduled to begin in the agency's next fiscal year, which commences on October 1, 2010. It is definite that the Division will target Hospitality employers on two fronts compliance with both H2B requirements and the Fair Labor Standards Act.
Hospitality Labor Letter: Box Score (March 2009).
During the last quarter of 2008 we were aware of 14 petitions filed against hospitality employers.
Hospitality Industry Quarterly (pdf).
Interruption By HR Managers Not Improper Surveillance Of Union Activity Under Th e NLRA; Disney Did Not Discriminate By Removing Restaurant Server For Being Culturally Inauthentic; Dealers At Caesars Palace In Las Vegas Vote For Representation By Transport Workers; Teenage Employee Allowed To Proceed With Sex Harassment Claim Due To Employers Confusing Complaint Process; ERISA Does Not Preempt Claim That Employer Maintained Unsafe Workplace; Ex-KFC Class Members Cannot Arbitrate Claims After Decertification; Food Services Employees Allowed Share Of Diner Service Charges; Employer Entitled To Affirmative Defense Against Harassment Claim; Fourth Circuit Allows Opt-Out Class Arbitration Of FLSA Claims Against Long John Silvers; Indian Casino Employees Reject Union In Michigan, Vote For Representation In Indiana; Ninth Circuit Stays District Court Decision Barring San Francisco Health Care Ordinance; Tropicana Casino License Renewal Denied By New Jersey Panel; Seven McDonalds Restaurants In California To Pay $1.16 Million To Settle Overtime And Breaks Case; Harassment By Ex-Boyfriend Is Covered By Title VII, But Employer Acted Properly; New Mexico Living Wage Expanded; Employers Vague Reasons For Firing Manager Not Enough To Overcome Retaliation Claim; Mission Industries Employees Ratify Five-Year Contract; LAX Hotels Living Wage Allowed To Move Forward.
Hospitality Industry: Business Going To The Dogs?
Imagine a dream vacation package at a luxurious hotel in San Francisco, Palm Beach or Chicago replete with in room massages, pedicures and turn down service all for your canine companion! The hotel industry is now tapping into the billion dollars Americans spend on their pets every year.
