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Sexual Harassment Allegations Lead to Shareholder Lawsuits - Employment Law This Week

Hospitality Labor and Employment Law Blog·27 February 2018
Last month on Employment Law This Week, you heard that sexual misconduct allegations would start impacting shareholder value and reputation. Well, now we’ve got a case study in Wynn Resorts. After the Wall Street Journal uncovered multiple sexual misconduct allegations against Casino mogul Steve Wynn, the company’s stock fell nearly 20%. Wynn resigned a week later, but the company’s troubles were far from over. The company’s stock has lost $3 billion in value. The first shareholder lawsuit was filed the day Wynn resigned, and to date three suits by shareholders claim that Wynn and the Board breached their fiduciary duties to the company and its shareholders. Bill Milani, from Epstein Becker Green, has more.

Federal Judge Rules GrubHub Driver Is Independent Contractor - Employment Law This Week

Hospitality Labor and Employment Law Blog·22 February 2018
Featured on Employment Law This Week: A California federal judge has ruled that a former GrubHub delivery driver was an independent contractor, not an employee. The judge found that the company did not have the required control over its drivers for the plaintiff to establish that he is an employee. This decision comes as companies like Uber and Lyft are also facing lawsuits that accuse them of misclassifying employees as independent contractors. Carlos Becerra, from Epstein Becker Green, has more.

2017 Wrap-Up & Heads-Up: The Top Workforce Management Issues of 2017

Hospitality Labor and Employment Law Blog·27 December 2017
As 2017 comes to a close, recent headlines have underscored the importance of compliance and training. In this Take 5, we review major workforce management issues in 2017, and their impact, and offer critical actions that employers should consider to minimize exposure:
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NLRB Reverses Key Rulings on Joint-Employer Status and Handbooks, Rules & Policies - More Changes Coming

Hospitality Labor and Employment Law Blog·15 December 2017
Our colleague Steven M. Swirsky at Epstein Becker Green has a post on the Management Memo blog that will be of interest to our readers: “NLRB Reverses Key Rulings: Returns to Pre-Obama Board Test for Deciding Joint-Employer Status and for Determining Whether Handbooks, Rules and Policies Violate the NLRA – Assessment of 2014 Expedited Election Rules and Future Changes Also Announced.”

Proposed Bill Would Amend State and Local Paid Sick Leave Laws

Hospitality Labor and Employment Law Blog·13 November 2017
Our colleagues Susan Gross Sholinsky, Nancy Gunzenhauser Popper, and Judah L. Rosenblatt, at Epstein Becker Green, have a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality� industry: 'Proposed Federal Bill Would Pre-Empt State and Local Paid Sick Leave Laws.' Following is an excerpt: On November 2, 2017, three Republican Representatives, Mimi Walters (R-CA), Elise Stefanik (R-NY), and Cathy McMorris Rodgers (R-WA), introduced a federal paid leave bill that would give employers the option of providing their employees a minimum number ... Continue Reading Continue Reading...

Part C of the 'ABC' Independent Contractor Test Does Not Require an Independent Business

Hospitality Labor and Employment Law Blog· 3 November 2017
Our colleagues Patrick G. Brady and James J. Sawczyn, at Epstein Becker Green, have a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “New Jersey’s Appellate Division Finds Part C of the “ABC” Independent Contractor Test Does Not Require an Independent Business”

California Governor Splits the Difference on Equal Pay Follow-On Laws

Hospitality Labor and Employment Law Blog·23 October 2017
For the second time in as many years, California Governor Jerry Brown has vetoed “wage shaming” legislation that would have required employers with 500 or more employees to report gender-related pay gap statistics to the California Secretary of State on an annual basis beginning in 2019 for publication on a public website. Assembly Bill 1209 (“AB 1209”), which we discussed at length in last month’s Act Now advisory, passed the Legislature despite widespread criticism from employers and commerce groups.
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Plan Sponsors: Potential Targets for IRS Compliance Examinations

Hospitality Labor and Employment Law Blog·11 October 2017
Our colleague Sharon L. Lippett, at Epstein Becker Green, has a post on the Financial Services Employment Law blog that will be of interest to many of our readers in the hospitality industry: “Plan Sponsors: Potential Targets for IRS Compliance Examinations.”

Ninth Circuit Rejects DOL's '80/20 Rule' On Sidework And Tipped Employees

Hospitality Labor and Employment Law Blog· 7 September 2017
Yesterday, the Ninth Circuit issued its opinion in cases involving the Department of Labor’s (“DOL”) “80/20 Rule” regarding what is commonly referred to as “sidework” in the restaurant industry. Agreeing with the arguments made by our new colleague Paul DeCamp, among others, the Ninth Circuit issued a decidedly employer-friendly decision. In so doing, it disagreed with the Eighth Circuit, potentially setting the issue up for resolution by the United States Supreme Court.
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Motion to Dismiss Website Accessibility Complaint Denied by the Eastern District of New York

Hospitality Labor and Employment Law Blog· 8 August 2017
Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “Start Spreading the News – EDNY Denies Motion to Dismiss Website Accessibility Complaint.”
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Website Accessibility Lawsuits Continue as The ADA Turns 27

Hospitality Labor and Employment Law Blog·26 July 2017
Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “As the ADA Turns 27, Recent Developments Suggest No End to Website Accessibility Lawsuits.”

Latest ADA Decision Gives Businesses Another Reason to Consider Their Website's Accessibility

Hospitality Labor and Employment Law Blog·23 June 2017
Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “Latest Website Accessibility Decision Further Marginalizes the Viability of Due Process and Primary Jurisdiction Defenses.”

New York City Mayor Signs 'Fair Workweek' Bills - Employment Law This Week

Hospitality Labor and Employment Law Blog·15 June 2017
Mayor Bill de Blasio has signed a package of bills into law limiting scheduling flexibility for fast-food and retail employers. New York City is the third major city in the United States, after San Francisco and Seattle, to enact this kind of legislation. The bills require fast-food employers to provide new hires with good-faith estimates of the number of hours that they will work per week and to pay workers a premium for scheduling changes made less than 14 days in advance.
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ADA Trial Verdict Is Not Good for Places of Public Accommodation

Hospitality Labor and Employment Law Blog·14 June 2017
Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “Nation’s First Website Accessibility ADA Trial Verdict Is In and It’s Not Good for Places of Public Accommodation.”
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New York City Tells Fast Food Employees: 'You Deserve A Break Today' By Enacting New Fair Workweek Laws

Hospitality Labor and Employment Law Blog· 2 June 2017
Earlier this week, New York became the third major city in the United States to enact “fair workweek” laws aimed at protecting fast food and retail employees from scheduling practices that are perceived by the employees to be unfair and burdensome. Following the lead set by San Francisco and Seattle, New York has adopted a series of new laws aimed at enhancing the work life of fast-food and retail employees. By eliminating certain scheduling practices commonly used by fast food and retail employers, the New York Legislature seeks to protect these employees from unpredictable work schedules and fluctuating income that render it difficult for them to create budgets, schedule child or elder care, pursue further education, or obtain additional employment. These new laws include the following provisions:
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OSHA: Union Representatives May No Longer Participate in Work Place Safety Walkarounds at Non-Union Facilities

Hospitality Labor and Employment Law Blog· 3 May 2017
Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the hospitality industry: “OSHA Withdraws ‘Fairfax Memo’ – Union Representatives May No Longer Participate in Work Place Safety Walkarounds at Non-Union Facilities.”
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Take 5 Newsletter: A Full Menu of Potential Legal Issues for Hospitality Owner/Operators

Hospitality Labor and Employment Law Blog·30 March 2017
A Full Menu of Potential Legal Issues for Hospitality Owner/OperatorsIn the new issue of Take 5, our colleagues examine important and evolving issues confronting owners, operators, and employers in the hospitality industry: * Avoiding 'Perfectly Clear' Successor Status When Acquiring a Property with a Union Workforce Now Requires Greater Vigilance * Restaurant Manager Misclassification Complaints Highlight Important Defense Strategies for Hospitality Owner/Operators * Managing the Rise in Hospitality Data Breaches * Buyer Beware: Purchasing Assets from a Unionized Employer May Come with a Nasty Withdrawal Liability Surprise * Are Protections for Part-Time Employees the New Trend in Employment Law? Read the full Take 5 online or download the PDF.... Continue Reading

Hospitality Labor and Employment Law Blog Ranks in Top 75

Hospitality Labor and Employment Law Blog·23 March 2017
We were pleased to see that Feedspot has ranked our blog in its “Top 75 Employment Websites and Blogs for Employees and Employers.” The ranking is based on Google reputation and search ranking; influence and popularity on Facebook, Twitter, and other social media sites; quality and consistency of posts; and Feedspot’s editorial team and expert review.

Changes to NLRB Election Rules and Employee Handbook and Email Standards Are Likely Under Miscimarra

Hospitality Labor and Employment Law Blog· 2 March 2017
Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the hospitality industry: “NLRB Acting Chair Dissents Point to Likely Changes to Board Election Rules and Employee Handbook and Email Standards.”

Fifth Circuit Pays Special Deference to NLRB's Determination that Hotel Management Company Acted with Anti-Union Animus in Outsourcing Housekeeping Department

Hospitality Labor and Employment Law Blog·23 February 2017
A recent decision of the U.S. Court of Appeals for the Fifth Circuit illustrates the potential pitfalls of outsourcing in the face of a union campaign, as well as the steep hurdle employers face in overturning a decision of the National Labor Relations Board (“NLRB”). In Remington Lodging & Hospitality, LLC v. NLRB, the Fifth Circuit enforced an NLRB order holding that a hotel management company’s decision to outsource the hotel’s housekeeping department was motivated at least in part by anti-union animus and therefore violated Section 8(a)(3) of the National Labor Relations Act (“the Act”).

Five Issues Hospitality Employers Should Monitor Under the Trump Administration

Hospitality Labor and Employment Law Blog·24 January 2017
In the new issue of Take 5, our colleagues examine five employment, labor, and workforce management issues that will continue to be reviewed and remain top of mind for employers under the Trump administration:

Where Federal Expectations Are Low Governor Cuomo Introduces Employee Protective Mandates in New York

Hospitality Labor and Employment Law Blog·13 January 2017
Earlier this week New York Governor Andrew D. Cuomo (D) signed two executive orders and announced a series of legislative proposals specifically aimed at eliminating the wage gap in gender, among other workers and strengthening equal pay protection in New York State. The Governor’s actions are seen by many as an alternative to employer-focused federal policies anticipated once President-elect Donald J. Trump (R) takes office.

Are You Prepared to Ban the Box? New Ordinances Prohibit Los Angeles Employers from Asking About Criminal Convictions Before Making Conditional Job Offers

Hospitality Labor and Employment Law Blog·29 December 2016
On December 9, 2016, Los Angeles Mayor Eric Garcetti signed ordinances no. 184652 and 184653, collectively referred to as the “Fair Chance Initiative.” These ordinances prohibit employers and City contractors (collectively “Employers”), respectively, from inquiring about job seekers’ criminal convictions until after a conditional offer of employment has been made. Both ordinances will go into effect on January 22, 2017 and will impact all employers in the City of Los Angeles and for every position which requires an employee to work at least an average of two hours per week within the City of Los Angeles and all City contractors and subcontractors, regardless of their location.

Employers Under the Microscope: Is Change on the Horizon? - Attend Our Annual Briefing (NYC, Oct. 18)

Hospitality Labor and Employment Law Blog·29 September 2016
This year, we welcome Marc Freedman and Jim Plunkett from the U.S. Chamber of Commerce. Marc and Jim will speak at the first plenary session on the latest developments in Washington, D.C., that impact employers nationwide. We are also excited to have Dr. David Weil, Administrator of the U.S. Department of Labor’s Wage and Hour Division, serve as the guest speaker at the second plenary session. David will discuss the areas on which the Wage and Hour Division is focusing, including the new overtime rules.

Union Organizing Gets a Boost from New York City 'Labor Peace' Executive Order

Hospitality Labor and Employment Law Blog·16 August 2016
A new Act Now Advisory will be of interest to many of our readers in the hospitality industry: “Union Organizing at Retail and Food Service Businesses Gets Boost from New York City ‘Labor Peace’ Executive Order,” by our colleagues Allen B. Roberts, Steven M. Swirsky, Donald S. Krueger, and Kristopher D. Reichardt from Epstein Becker Green.

Are You a Joint-Employer with Your Suppliers? NLRB Examines Corporate Social Responsibility Policies

Hospitality Labor and Employment Law Blog· 9 August 2016
Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the hospitality industry: 'Can Your Corporate Social Responsibility Policy Make You a Joint-Employer With Your Suppliers? The NLRB May Find That It Does' Following is an excerpt: The National Labor Relations Board (NLRB or Board), which continues to apply an ever expanding standard for determining whether a company that contracts with another business to supply contract labor or services in support of its operations should ... Continue Reading

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