Monthly Archives April 2014

Background Checks: Recent New York Lawsuit Highlights Importance of FCRA Compliance

By Kristen E. Smith and WAKEUP CALL

The number of employers that conduct background checks as part of the hiring process has steadily increased. Background checks can help uncover misconduct or dishonest behavior at previous jobs and determine whether applicants possess the positive traits employers desire. They can also help avoid negligent hiring claims if things go wrong with a new hire. However, a recently filed lawsuit demonstrates that the decision to use background checks should be carefully considered and implemented.


The Fair Credit Reporting Act (FCRA) requires employers to provide applicants with a stand-alone disclosure and authorization form before conducting background checks...

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The Difference Between a Hotel Guest and a California Tenant: Substantial Legal Distinction

By: Richardson Griswold and WAKEUP CALL

Hotel guest turned tenant is more common than you may think. With the help of Richardson Griswold, we try to dig deeper into the legal distinction between a guest and a tenant. 

hotel guest and tenants 

In recent posts we’ve discussed the basic distinctions between Residential Hotels and Transient Hotels, as well as the legal rights of a long-term guest at a Residential Hotel in California.  The purpose of this article is to continue to define exactly what makes a hotel a Residential Hotel and the circumstances under which a resident in a hotel or motel does not gain the rights of a tenant.

To briefly recap, California defines a Residential Hotel as any building containing six or more guestrooms that are primarily occupied by persons who use such rooms as their p...

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5 New Hotel Bikes to Ride This Spring

Bike rentals is the new, hip, and unique way to accommodate your guest. What better way to celebrate the return of good weather than by hopping on a bike and exploring the city you’re visiting? Thanks to these hotels, you don’t need to look much further than the front desk for your new two-wheel joyride. 

By: Juliana Shallcross and WAKEUP CALL


1. Room Mate Aitana, Amsterdam: The hotel is providing guests with discounted bicycle rentals from local bike shop, Amsterbike as well as dishing out “5 Under 15”, five bike rides under 15 minutes that will get guests to some of the city’s notable landmarks (tulips, Vondelpark, Rijksmuseum, The Central Library and The Pancake Bakery.)

2.The Greenwich Hotel, NYC:  The luxury downtown hotel has partnered with Detroit-based Shinola (of watch...

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Occupational Safety and Health Administration (OSHA) Moves to Cut Whistleblower Claim Settlement Time

By: Bradford T Hammock and WAKEUP CALL

OSHA has made huge improvements in the way they handle Whistleblowing claims. It will no longer take months at a time to resolve an employee/employer dispute. For more about the modifications OSHA has made, read Bradford T Hammock’s summary below.


Looking to shorten from months to weeks the time needed to settle whistleblower complaints, OSHA is expanding use of an alternative dispute resolution process that has been judged a success in two of its regions.

In October 2012, the agency announced it would devote at least a year to testing a pilot program to settle whistleblower claims. Region 5, in the upper Midwest, and Region 9, which covers three Western states, Hawaii, American Samoa and Guam, were selected...

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U.S. FTC can sue hotel group over poor data security, court rules

Breaches in cybersecurity have been in the news more and more frequently.  Legal precedents have been set that address a corporation’s liability with respect to their data security systems.  Protecting the information of your guests is critical.  Below, Diane Bartz gives an overview of one such court decision that gives the FTC the ability to sue Wyndham Worldwide Corporation over it’s data security.  

info security

(Reuters) – A U.S. court ruled on Monday that the Federal Trade Commission can proceed with a lawsuit against hotel group Wyndham Worldwide Corp for allegedly failing to safeguard consumers’ personal information.

Wyndham had argued that the commission did not have jurisdiction to sue over what it saw as lax security leading to data breaches, It had asked for the lawsuit to be dismissed...

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