Category Hospitality Law


Opportunistic lawyers have been lining their pockets and taking advantage of business owners for decades with “drive-by” abusive ADA litigation. With the passing of The ADA Education and Reform ACT (H.R. 620), business owners will have 60 days to devise a plan to fix the issue, and another 120 days to implement the changes. Newsweek, Carlos Ballesteros reports.

In a 225-192 vote Thursday, most House Republicans and a dozen Democrats passed a bill that makes it harder for disabled persons to sue for discrimination, in an effort to prevent opportunistic attorneys from taking advantage of business owners.

But many disability and civil rights groups fear the bill will weaken incentives for businesses to comply with the Americans With Disabilities Act of 1990 (ADA), which mandates e...

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No industry or company is immune from the recent flood of sexual harassment claims. In fact, the insurance industry is expecting an influx of EPLI (Employment Practices Liability Insurance) claims in the entertainment, media, hospitality and other industries. Companies need to set clear policies and standards addressing behavior in the workplace then live by them.  Fischer & Phillips, Jennifer Sandberg & Joseph Shelton, lay out a 5-Step Plan to address growing sexual harassment concerns.

For several months now, it seems that each new day has brought about a fresh round of reporting on yet another high-profile sexual harassment accusation...

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Reminder: Post 300A injury, illness summary by February 1

February 1 is upon us! Employers required to post a 300A, must do so whether or not you had any injuries in the past year. It is required that the 300A is signed by an executive of the company before it is posted and that it is posted in an accessible location where employees can easily see it. Theh 300A must remain posted through April 30.

Employers required to electronically submit their 300A, must also fulfill the posting requirements from February 1 through April 30. establishes the requirements.

Under the Occupational Safety and Health Administration’s (OSHA) recordkeeping rule, employers that are required to keep and maintain an OSHA injury and illness 300 log must post their 300A annual summary in each establishment where employee notices are normally posted ...

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Cyberattacks On Hotels – What Should Hotel Owners And Operators Do?

The threat is real!” Along with the digital age, cyber threats and data breaches are here to stay. Threats associated with the hotel industry have become common events. From companies, guests, and vendors to employees, owners, and stakeholders, people need assurance that company and personal data is being protected in a secure manner. Developing a business strategy for the digital age should be top priority for every hotel. Advisen Insurance shares a recent cybersecurity publication from Hotel Business Review that every hotelier should read.

This article was originally published by Hotel Business Review and is reprinted with permission from

Almost as soon as there were data breaches, hotels became a prime target of hackers, and the hospitality industry h...

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OSHA penalties increase by 2 percent

OSHA has begun the New Year with penalty hikes.  Effective January 2, 2018, civil penalties for violations of OSHA standards and regulations increased 2%. The penalty increase applies to Federal OSHA states; however, states operating their own occupational safety and health programs are expected to introduce comparable penalty structures making them equally effective., Emily Scace, compares penalty structures and increases in the charts below.

Effective January 2, civil penalties for violations of workplace safety and health standards are 2 percent higher, with a new maximum fine of nearly $130,000...

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Is Your Hotel Website ADA Compliant? Here’s Why It Matters

Achieving ADA website compliance simply means maintaining a set of web standards by ensuring that the website’s contents can be accessed in different ways, via screen readers, electronic devices that translate websites into speech and braille.

Numerous organizations have already been hit with hefty lawsuits siting ADA website noncompliance. With the US DOJ’s announcement to implement ADA regulations, expected in 2018, now is the time to get your website compliant.  Forbes Councils, Adam Deflorian, provides tips to help your hotel meet its ADA website compliance needs.

When the Americans with Disabilities Act first came into existence in 1990, few industries were affected more than the hotel industry...

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California – OSHA and Transgender Rights Poster Updates

California has recently released two new laws that carry mandatory posting requirements with them. The new Transgender Rights and California OSHA Update posters must be displayed along with other required workplace notices in a prominent and accessible location in the workplace January 1, 2018. All employers must comply with the rulings.  Labor Law Center shares the update.

California has recently come out with two new labor compliance posters that employers will need to comply with as they begin 2018.

California OSHA Update:

The first poster is an update to the existing OSHA notice.  The updates to the poster include wording that is more distinct and clear in understanding the intent...

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New Mexico Judge Dismisses 99 ADA Lawsuits as Fraudulent and Malicious Entertains Sanction Motions

Judge rejects 99 ADA lawsuits against businesses throughout Albuquerque, New Mexico. The lawsuits, labeled as malicious and filed in bad faith, are the result of online advertisements designed to lure disabled plaintiffs into filing ADA lawsuits and harass business defendants into settlements. The recommendation to dismiss the cases suggests the plaintiff may be liable for almost $40K in filing fees, and opens the door for the 99 affected businesses to request sanctions against the plaintiff’s lawyer. Jim Butler and the Global Hospitality Group report the facts.

On October 26, 2017, a judge dismissed 99 ADA lawsuits, ordered an in forma pauperis plaintiff  (a person without funds to pursue the cost of a lawsuit) to pay filing fees of $38,300 and authorized the defendants to ...

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ADA In The Digital Age: Federal Court Strikes Down Inaccessible Website

If you haven’t already, add website accessibility to the growing list of unintended consequences of the ADA. Evolving definitions of what constitutes a physical or mental disability, senseless mandates, hefty compliance costs for business owners and waves of abusive litigation that have developed under ADA have proven that enforcement of the law is nothing more than a disaster that has lined the pockets of a small number of opportunist lawyers and their clients.

Clear rules for applying the ADA to websites have yet to be established leaving the door open for interpretation by the courts...

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DHS Issues New Version of Form I-9 – Effective on September 18, 2017

The Department of Homeland Security (DHS) has released “another” revised Form I-9. All employers are required to use the new version to verify identity and employment authorization of new hires by September 18, 2017. Because of the recently revised form in November 2016, which was a major overhaul to previous documents, the changes in this version are not substantial. The National Review outlines changes to the current revision.

The Department of Homeland Security (DHS) has issued yet another update to the Form I-9 Employment Eligibility Verification. This new version becomes mandatory for use with new hires and reverifications as of September 18, 2017.  This is the thirteenth revision of Form I-9 in the thirty years since the form was first required...

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