Hospitality Labor and Employment Law Blog

Hospitality Labor and Employment Law Blog

Category Archives: Hotels

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Will California Restaurants Have To Provide Seats To Hosts, Hostesses And Line Cooks? Will Hotels Have To Provide Seats To Their Front Desk Staffs?

By Michael Kun Several years ago, employees in California began filing class action lawsuits against their employers alleging violations of the “suitable seating” provision buried in the state’s Wage Orders.  The unique provision requires some employers to provide “suitable seating” to some employees when the “nature of their work” would “reasonably permit it.”  The use … Continue Reading

Wage and Hour Update

Our colleague Kara M. Maciel of Epstein Becker Green wrote a wage and hour update in this month’s Take 5 labor and employment newsletter. Here’s a preview of the five items: 1. IRS Will Begin Taxing a Restaurant’s Automatic Gratuities as Service Charges 2. The New DOL Secretary, Tom Perez, Spells Out the WHD’s Enforcement … Continue Reading

Take 5 Views You Can Use: Wage and Hour Update

By:  Kara M. Maciel The following is a selection from the Firm’s October Take 5 Views You Can Use which discusses recent developments in wage hour law affecting the hospitality industry. IRS Will Begin Taxing a Restaurant’s Automatic Gratuities as Service Charges Many restaurants include automatic gratuities on the checks of guests with large parties to … Continue Reading

Serving Up More Taxes – IRS to Begin Taxing Automatic Gratuities as Service Charges

By: Kara M. Maciel Many restaurants include automatic gratuities on guests’ checks with large parties to ensure servers get fair tips. This method allows the restaurant to calculate an automatic gratuity or tip into the total bill, but it takes away the customer’s discretion in choosing whether and/or how much to tip the server. As a result of … Continue Reading

ADA Compliance: Implications for Owners and Managers When Acquiring or Developing New Lodging Facilities

On September 18, 2013, our hospitality practice attorneys, Kara Maciel and Mark Trapp, have the pleasure of speaking at the Lodging Conference in Scottsdale, Arizona on key financial and legal issues under the Americans with Disabilities Act impacting hotel owners and managers when acquiring, selling, developing or managing properties.  Under the 2010 ADA Standards, which became effective in … Continue Reading

ADA Accessibility Notes from the Resort Hotel Association Conference

By:  Kara Maciel Last week, I had the honor of attending the Resort Hotel Association’s (“RHA”) Annual Conference at The Edgewater Hotel in Seattle.  RHA is comprised of 130 independently-owned resorts, hotels, city clubs and spas in the United States and specializes in insurance programs that address the risks unique to the lodging industry.  For … Continue Reading

IRS Releases New Affordable Care Act Guidance on the Employer Mandate

By: Kara M. Maciel, Adam Solander, Brandon Ge and Philo Hall As we blogged about previously, the Affordable Care Act provides unique compliance obligations for hospitality employers, many of whom employ large numbers of part-time and seasonal employees.  On December 28, 2012, the Internal Revenue Service (“IRS”) released a Notice of Proposed Rulemaking (“NPRM”) on Shared Responsibility … Continue Reading

Pool Lifts Must Comply With ADA Regulations By End of January

By Kara Maciel and Jordan Schwartz   As a reminder, January 31, 2013 is the deadline for hotels and other places of public accommodation to comply with the Americans with Disabilities Act’s (“ADA”) requirements set forth in the 2010 Standards for Accessible Design (“2010 Standards”) related to the provision of accessible entry and exit to existing swimming … Continue Reading

NLRB Deflates Hotel Bel-Air’s Severance Agreements to Union Employees

By Paul Burmeister*  The National Labor Relations Board (“NLRB”) has ruled that negotiations between the Hotel Bel-Air and UNITE HERE Local 11 were not at impasse when the employer implemented its last, best final offer, which included severance payments to union employees. Hotel Bel-Air, 358 NLRB 152 (September 27, 2012). The NLRB upheld the ALJ’s … Continue Reading

Timeline of Highlights for Employer Group Health Plan Compliance with the Affordable Care Act

Now that the Supreme Court of the United States has upheld essentially all of the provisions of the Obama administration’s Affordable Care Act ("ACA"), hospitality employers are faced with looming deadlines to bring their group health plans into compliance with the ACA’s numerous new requirements. We have prepared for employers a timeline of the highlights … Continue Reading

Texas Roadhouse, Inc. Settles Its Beef With Wait Staff For $5 Million

By  Kara Maciel and Casey Cosentino The restaurant and hospitality industries are no strangers to the tidal wave of wage and hour class action lawsuits. Restaurants and hotel operators located in states with employee-friendly laws like Massachusetts, New York, and California, are particularly vulnerable. This vulnerability was recently confirmed on April 30, 2012, when Texas Roadhouse, Inc. … Continue Reading

D.C. Circuit Limits OSHA’s Recordkeeping “Madness”

By Eric J. Conn and Casey M. Cosentino In what has been good news for hospitality employers, the past month has been a rough stretch for OSHA in terms of Injury and Illness Recordkeeping enforcement.  As we reported last month on the OSHA Law Update Blog, in March, the Seventh Circuit beat back OSHA’s attempt … Continue Reading

New HazCom Standard: The Most Frequently Cited Standard in the Hospitality Industry Gets a Facelift

By Eric J. Conn and Casey M. Cosentino For years, OSHA’s Hazard Communication Standard (“HazCom”) has been the standard most frequently cited against hotel and other hospitality employers. In FY 2011 37 hotel companies were cited for violations of the HazCom Standard, including, primarily, alleged failures to: (1) maintain a written Hazard Communication Program; (2) ensure each … Continue Reading

Are Employer Social Networking Accounts Protectable Trade Secrets?

By: Kara M. Maciel and Matthew Sorensen Social media has become an increasingly important tool for businesses to market their products and services. As the use of social media in business continues to grow, companies will face new challenges with respect to the protection of their confidential information and business goodwill, as several recent federal district court … Continue Reading

5 Ways to Avoid a $55,000 Fine from the DOJ

By:  Kara M. Maciel Today, March 15, marks the effective date of the 2010 ADA Standards for hotels, restaurants, retailers, spas, golf clubs and other places of public accomodation.  As we have written about previously, there are several new requirements and obligations that the hospitality industry must implement in order to ensure their properties are compliant with the … Continue Reading

Mandatory Employee Arbitration Agreements: The NLRB Throws a Wrench into Their Enforceability

By:  Forrest G. Read, IV Arbitration agreements can be an effective way for employers in the hospitality industry to streamline and isolate an employee’s potential claims on an individual basis and protect themselves from a proliferation of lawsuits with many plaintiffs or claimants. But the National Labor Relations Board’s (“Board”) January 6, 2012 decision in D.R. … Continue Reading

NLRB Recess Appointments Challenged — Could Further Postpone Notice Posting

By:  Evan Rosen As Hospitalty Labor and Employment Law Blog readers are aware, on August 30, 2011, the National Labor Relations Board (the “Board”) issued a rule requiring employers to post notices informing employees of their right to join or form a union.  We blogged about the impact of the notice and its requirements on hospitality employers here.  The … Continue Reading
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