Monthly Archives May 2016

New NLRB ‘joint employer’ rule faces legal challenge

Although the NLRB is under fire for its new “joint-employer” rule, it is not likely the litigation will conclude any time soon. At this point, it is unclear to what extent a franchisor may be held liable for labor matters related to franchisee wages, hours, working conditions and so-called unfair labor practices. Hotel Management, Dana K. Kravets, shares an update to the current litigation surrounding the regulation.

Hoteliers still reeling from the National Labor Relation Board’s dramatic change to the legal test for joint employer liability may find some solace in the fact that this issue is destined for appellate review...

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Major Changes In Attitudes and Approaches to Workplace Violence Prevention

Violence is a serious safety and health hazard in many workplaces. What really works when it comes to de-escalating anxious, hostile, or challenging behavior? The culture you breed, and how you respond to the behavior is often the key to keeping employees safe and defusing situations entirely., Howard Mavity, helps identify the facts over the myths and shares conclusive information surrounding this unpleasant topic.

Although interest spikes after every mass shooting, employers have not done much more than update their written workplace violence policies.  Most of these policies are simply statements in employee handbooks and include generalized provisions...

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Renting Hotel Rooms to Minors: Know Your Liability

Failure to rent a hotel room to a minor may bring an unwelcomed discrimination suit against your property. Since state and local laws differ around hotel accommodations, it is advisable for you to confirm your legal rights and obligations in your specific areas with an accomplished attorney skilled in hotel law.  Avoid mishaps by training all employees on the rules and regulations surrounding the issue to ensure consistent enforcement throughout your property and be sure to train front desk personnel in the proper procedures for admitting minor guests. Hotel Business, Corris Little gives recommendations for handling the challenges of underage guests.

NATIONAL REPORT—Did you know that, in some states, it is illegal to refuse to rent a hotel room to a minor? If the answer is no, you’r...

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The Department of Labor Finalizes the New Overtime Rules

Millions of salaried workers will be reclassified to hourly, putting many will be back on the clock soon. In order to prevent abuse of the overtime law, which maintains that all hourly workers must be paid “time-and-a-half” (1.5 times their base hourly wage) for weekly hours worked beyond 40, employers can’t simply make someone exempt by paying them a salary. The Department of Labor finalized new overtime rules today. The new salary threshold, up from $23,600 per year to $47,476 per year, begins December 1, 2016. Nationally, the new rules are expected to make 4.2 million more salaried workers eligible for overtime pay. JD Supra Business Advisor, Eric E. Kinder, points out the important elements surrounding the rules.

Salary basis adjusted down from the proposed rule, but still...

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All Is Now Well? – EEOC Finalizes Employer Wellness Program Rules

Employers can give workers a big break on their health insurance after them and their spouse answer questions about their health and lifestyle. Amongst the increasing privacy concerns surrounding employer – sponsored wellness programs, two federal rules published today, May 16, 2016, outline how employers are required to handle the health information requested from employees and their spouses. The rules permit wellness programs to operate consistent with their stated purpose of improving employee health, while including protections against discrimination. Fisher & Phillips LLC explain the details encompassing the rules.

Today, the U.S. Equal Employment Opportunity Commission (EEOC) published the final versions of two new rules regulating employer-sponsored wellness programs...

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Seattle hotel workers push for sexual harassment protections

The inherent characteristics of the hotel industry create a prime breeding ground for sexual harassment. The true extent of sexual harassment facing hotels is often disguised by the collusion of silence concealing the issue.  Continually having to be polite and interact with offensive guests produces an unhealthy work environment. Seattle hotel workers have broken their silence., Joel Moreno, reveals the strong message Seattle Hotel Workers hope to send through initiative 124.

SEATTLE — A signature drive started this week to get a wide range of protections on the ballot for hotel workers. Topping the list are measures to keep guests from sexually harassing staff who clean rooms and deliver room service.

Seattle’s top hotels offer guests the finest in luxury and hospitali...

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Parents Seeking Answers After Children Suffer Chemical Burns at Hotel Pool Party

Clear water doesn’t mean good water.  Improperly balanced water can irritate the skin and eyes and sometimes even make it difficult to breath. There are many pool chemicals on the market that are incompatible.  Mixing incompatible products creates a toxic environment that can lead to burns as well as explosions. Hotel operators should always consider formal employee training in pool maintenance or opt to use a certified professional to maintain property pools. WNEP, Dave Bohman, reports a hotel pool party that quickly became a toxic situation leaving children with burns covering their bodies.

SCRANTON — A New Year’s Eve pool party at a hotel in Lackawanna County turned into a trip to the emergency room for some children, and their parents say the hotel is trying to cover up the in...

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Make Your Hotel Kitchen Safer with These 6 Easy Steps

With its high volume of employee traffic and the many roles the hotel kitchen operations support, from room service to banqueting and sophisticated restaurant services, safety training and procedures must be well-organized and particularly efficient. HospitalityNet, Mace Bourgeois, shares six easy steps to amplify your safety program quickly.

Kitchens are the most important part of restaurants. All the behind-the-scenes action takes place here. From prepping the ingredients and cooking them to the garnishing, everything happens here. Several dishes are prepared simultaneously, due to which there is constant, pressure and frenzy.

Think about it: every commercial kitchen has a dozen people working in it continuously...

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Legislative Update: Employee Training Required for Hotels, Inns on Human Trafficking

Whether it is human labor trafficking or sex trafficking, traffickers have built a multi-billion dollar industry capitalizing on the lack of awareness around the issue within the hotel industry. New legislation requires hotels and other similar lodging operators to train and educate their staff, managers and executives, at the time of hire, on the “recognition of potential victims of human trafficking and activities commonly associated with human trafficking.” JD Supra Business Advisor, Daniel Schwartz/Shipman & Goodwin LLP outline key points within the bill.

Over the next week or so, I’ll be providing updates on various bills to pass (or fail) at the state general assembly.  They’re coming in fast and furious so patience is the order of the day.

But as we review various bill...

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ADA Compliance and Defense Lawyer: Federal Judge Takes Decisive Action to Protect Hotels from ADA Abuse by a High Frequency Litigant

While the ADA serves the right purpose – to increase and ensure access for all Americans –many judges have observed shameless attorneys more interested in padding their pocketbooks rather than achieving equal access for all Americans.  As ADA serial lawsuits remain a top concern in courts across the country and businesses alike, one Federal Judge has taken rare decisive action to protect hotels from ADA abuse.  Jim Butler & Global Hotel Hospitality Group® reports the case.


Federal Judge Takes Decisive Action to Protect Hotels from ADA Abuse by a High Frequency Litigant
Martin H. Orlick, Chair, JMBM’s ADA Compliance and Defense Group

In a rare and decisive action, a Central District Court Judge dismissed an Americans with Disabilities Act (ADA) lawsuit filed by an Arizona d...

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