Monthly Archives June 2015

Wyndham hotel workers hold one-day strike

After filing a complaint with OSHA, on June 25, 2015 workers at the downtown Wyndham Boston hotel went on strike over hazardous working conditions. Joined by more than 3oo other hotel workers, they continued on to the Boston City Council hearing that same evening to testify about worker safety at hotels. Jack Newsham with the Boston Globe publishes the story. 

Wyndham Hotel One Day Strike

Wyndham Hotel housekeeper Freddie Delorbe demonstrates the type of protection that should be used to clean what workers at the hotel consider hazardous working conditions at the Wyndham during a City Council hearing Thursday at City Hall.

Workers at the downtown  Wyndham Boston hotel are holding a one-day strike to protest an alleged lack of training and supplies to deal with medical waste left by hotel guests.

More than h...

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The Supreme Court Decision Is In — ACA Subsidies Remain

On Thursday, the Supreme Court saved the controversial health care law!.The Supreme Court rejected a major challenge to the Affordable Care Act, ruling that federal subsidies may be made available to individuals who live in states that did not set up their own health care exchanges. For the second time in three years, the law survived an encounter with the Supreme Court.  Think HR reports the ruling.

Facade of US Supreme court in Washington DC on sunny day

Facade of US Supreme court in Washington DC on sunny day

On June 25, 2015, the Supreme Court upheld the availability of tax credits (subsidies) in all 50 states under the Affordable Care Act...

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Can that Doggie in the Window … Enter my Store?

Fake service animals appear to be topic of discussion today. Are you and your staff aware of what a “Service Animal” is and what two questions you can legally ask? Take time to review some of the facts explained by JDSupra, Andrew McNaught.

Photo Dog Outside Window

We recently corralled the law on “Assistive Animals” in the workplace, here. Now, we pony up an explanation of the rules governing the use of service animals by customers and patrons (as opposed to employees) in places of public accommodation, e.g., grocery or other stores, hotels, and movie theaters (as opposed to the workplace). While there are a few similarities, the California law covering service animals in places of public accommodation differ in significant ways from that governing such animals in the workplace...

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Justices Rule Police Must Obtain Warrant to Search Hotel or Motel Registries

The Supreme Court uplifted privacy rights today by declaring Los Angeles city ordinance requiring hotel operators’ to show a list of registered guests to police on demand illegal and unenforceable. Justices say the ordinance infringed upon hotel operators’ rights under the Fourth Amendment protections. Read more… from Politico, Josh Gerstein.

Supreme Court LA

A sharply-divided Supreme Court boosted privacy rights Monday by striking down as unconstitutional a Los Angeles city ordinance requiring hotel operators to show a list of registered guests to the police on demand.

In a 5-4 decision, the court held that the guest-registry law violated the Fourth Amendment’s protection against unreasonable searches because the legislation gave hotel managers no chance to seek a ruling from a judge or magistr...

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Oregon Legislature Mandates Sick Leave for All Employees

Oregon joins Connecticut, California, and Massachusetts as the fourth state to enact a statewide requirement for sick leave, a nationwide movement that’s been quietly gaining steam among cities and states across the country in recent years. Assuming the governor signs the bill, and… it is expected that she will, the mandate will take effect January 1, 2016. JDSupra, Sean Driscoll, provides the details.

Oregon sick leave

On June 12, 2015, Oregon became the fourth state in the country to pass a statewide mandatory sick leave bill. Provided it is signed by Governor Kate Brown (which is virtually certain), the new law will require all Oregon employers to provide employees with up to 40 hours of legally protected sick time each year beginning January 1, 2016.

While some details of the legislation will not...

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Colorado Supreme Court Upholds Employers’ Right to Terminate for Use of Medical Marijuana During Nonworking Hours

On Monday, June 15, 2015, the Colorado Supreme Court ruled that an employer can fire an employee for using medical marijuana even if the employee is off-duty and abiding by state law. While the decision is somewhat narrow, its future interpretation could have wide-spread implications. Employers should continue to monitor the debate on medical marijuana for further developments.  WilsonElser, Henry L. Solano, Scott Sweeney, and Shawna Ruetz, outline the ruling and the issues left for future consideration.

Colorado Ruling 06.15.15

On June 15, 2015, in Coats v. Dish Network, No. 13SC394, the Colorado Supreme Court unanimously held under the plain language of C.R.S. § 24-34-402.5, Colorado’s “lawful activities statute,” that the term “lawful” refers only to those activities that are lawful under bot...

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Record US results set stage for more growth

Hospitality and tourism industries continue to thrive posting all-time high performance within a twelve month period while setting the stage for more growth during the next two years.  With accelerating occupancy, groups on the rebound, and revenue rolling, the hotel industry is experiencing some of the best principles of a lifetime. Hotel News Now reports the 2015 forecast.

The U.S. hotel industry is posting all-time high performance benchmarks, setting the stage for further growth, said STR’s Amanda Hite at the NYU Investment Conference.

2015 stats chart 1

Source: STR and Tourism Economics

NEW YORK CITY—Hoteliers in the United States should expect further growth as performance continues its historic upswing.
The industry broke more records during April, according to Amanda Hite, president and COO o...
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Is Your Hotel Properly Collecting and Preserving Incident Related Evidence ?

Often times it can take years for an incident to turn into a lawsuit. Exceptional hotel staff training to ensure the proper pieces of evidence as well as documentation are saved and preserved is extremely valuable in defending your case. If something seems like it could be useful, save it! Converge, David M. Samuels, reviews good procedures and policies for preparedness.

By the time a case reaches an attorney’s desk, all too often pertinent evidence either has been lost — or was never collected in the first place. California’s statute of limitations for a personal lawsuit is two years; consequently, an attorney’s first involvement in an incident on your property usually happens more than two years after the incident has occurred...

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Restroom access for transgender workers subject of new OSHA guide

As a best practice, OSHA recommends that employers allow transgender employees to use the restroom consistent with their gender identity. Additionally, employers should be mindful of any state-specific rules and regulations on this issue, including state non-discrimination laws. HR.BLR.com outlines the core principle of the newly published OSHA Guide to Restroom Access for Transgender Workers.

GenderIdentity

The Occupational Safety and Health Administration (OSHA) has published a Guide to Restroom Access for Transgender Workers to provide guidance to employers on best practices regarding restroom access for transgender workers.

The guide was developed at the request of the National Center for Transgender Equality, an OSHA Alliance partner that works collaboratively with the agency to develop products a...
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Lessons on religious accommodations from Abercrombie

Observance of faith should not prevent a qualified candidate from securing employment with any company! Whether it is the employer’s responsibility or the job applicant’s responsibility for raising questions or concerns about religious observances, can be a bit tricky. BLR, Catherine Moreton Gray, describes the case, the mistakes that were made, and the lessons all employer’s should learn from it.

religious-dress

By now we’ve all had time to read up on the Supreme Court’s religious discrimination decision in the Equal Employment Opportunity v. Abercrombie & Fitch Stores, Inc. case. The big question now—what are the lessons for employers on dress codes, and accommodating religious practices?

Understanding Title VII and Religious Accommodations

Title VII of the Civil Rights Act of 1964, as a...

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