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  • Members Only: 2018 HFTP Compensation and Benefits Report

    By Tanya Venegas, MBA, MHM, CHIA. Results to the biannual survey conducted by Hospitality Financial and Technology Professionals (HFTP). Information includes data on compensation and benefits trends for finance and technology professionals in the club and lodging industries.

  • Success in the Sunshine State: Highlights from HFTP's 2018 Florida Regional Conference

    The beautiful Sarasota Westin Hotel — with its bright white facade, multitudinous windows and stunning rooftop pool area — made a very picturesque setting for the 2018 HFTP Florida Regional Conference, which took place July 25–27, 2018.

  • Annual Convention 2018: A True HFTP Experience in the Land of the Kentucky Derby

    On the bank of the Ohio River in the east south-central region of the United States looms Kentucky’s largest city, Louisville — home to the famed Kentucky Derby horse race, Kentucky Fried Chicken (KFC) and Louisville Slugger baseball bats.

  • Members Only: IT Spending in the Lodging Industry Three-year Analysis: 2015–2017

    By Agnes DeFranco, Ed.D., CHAE; Arlene Ramirez, CHE, CHAE; and Tanya Venegas, MBA, MHM, CHIA. PART II: An analysis of IT spending data in the lodging industry based on reporting in the new USALI Schedule 6 — Information and Telecommunications Systems.

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OSHA's Reporting Rule Rollback, CA's Salary History Ban, NYC's Temporary Schedule Change Law, Model FMLA Forms Expired - Employment Law This Week

Hospitality Labor and Employment Law Blog· 6 August 2018
New York City employers are now required to accommodate some employee schedule changes – As of July 18th, employees in New York City can request temporary schedule changes, or permission to take unpaid time off for personal events like a caregiving emergency. Employers are required to grant up to two changes per year for up to one business day per request. Employees must be on the job for a minimum of 120 days to be eligible. A new poster has also been issued by the City.
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New California Law Aims To Protect Employers and Harassment Victims from Defamation Lawsuits

Hospitality Labor and Employment Law Blog·23 July 2018
On July 9, 2018, Governor Edmund Brown, Jr. signed into law Assembly Bill 2770 (“AB 2770”) to protect victims of sexual harassment and employers from defamation claims brought by alleged harassers. AB 2770 was sponsored by the California Chamber of Commerce and passed by the California Legislature to address the chilling effect that the threat of defamation suits can have on harassment victims and employers: deterring victims and witnesses from coming forward; deterring employers from telling prospective employers about a genuine harasser; and allowing repeat sexual harassers to harass future victims at their new place of employment.
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Voter-Approved Elimination of Tip Credit In Question by Proposed D.C. Council Legislation

Hospitality Labor and Employment Law Blog·17 July 2018
In our June 28, 2018 post on District of Columbia voters approving Initiative 77, which would incrementally increase the minimum cash wage for tipped workers to $15.00 per hour by July 1, 2025, and effectively eliminate the tip credit staring July 1, 2026, we noted the possibility of action by the D.C. Council to amend or overturn it.
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Supreme Court Prevents Successive Class Actions from Reviving Time-Barred Claims

Hospitality Labor and Employment Law Blog·20 June 2018
Our colleague Paul DeCamp at Epstein Becker Green has a post on the Wage & Hour Defense Blog that will be of interest to our readers in the hospitality industry: “Supreme Court Prevents Successive Class Actions from Reviving Time-Barred Claims.”
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Supreme Court Rules in Favor of Baker in LGBT Discrimination Case

Hospitality Labor and Employment Law Blog·19 June 2018
On June 4, the Supreme Court voted 7-2 in favor of a Christian Colorado baker and owner of Masterpiece Cakeshop, who had refused to create a custom wedding cake for a gay couple due to his religious objections to gay marriage.
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NJ Senate Advances Ban on Sex Harassment Confidentiality Agreements - Employment Law This Week

Hospitality Labor and Employment Law Blog·18 June 2018
The New Jersey Senate wants no more secrecy around harassment claims. On a 34-to-1 vote, the chamber approved legislation banning involving sexual harassment claims. The bill is still pending in the House, where a vote is expected in the next few weeks. The legislation would also allow victims to keep their identities confidential and would establish jurisdiction in Superior Court, arguably bypassing arbitration agreements.
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Vermont Enacts Sweeping Sexual Harassment Prevention Law

Hospitality Labor and Employment Law Blog·15 June 2018
Our colleagues Jeffrey M. Landes, Susan Gross Sholinsky, and Nancy Gunzenhauser Popper at Epstein Becker Green have a post on the Retail Labor and Employment Law blog that will be of interest to our readers in the hospitality industry: “Vermont Enacts Sweeping Sexual Harassment Prevention Law.”
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The Generally Prevailing Website Accessibility Guidelines Have Been Refreshed - It's Time to Officially Welcome WCAG 2.1

Hospitality Labor and Employment Law Blog· 8 June 2018
After nearly ten years, on Tuesday, June 5, 2018, the World Wide Web Consortium (the “W3C”), the private organization focused on enhancing online user experiences, published the long awaited update to its Web Content Accessibility Guidelines 2.0 (“WCAG 2.0”), known as the WCAG 2.1.
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Massachusetts Attorney General Enforces State Ban the Box Law for First Time, Fining Three Businesses and Issuing Warnings to 17 Others

Hospitality Labor and Employment Law Blog· 7 June 2018
Massachusetts is one of many states which have adopted legislation, commonly known as a “ban the box” law, prohibiting public and private employers from requesting criminal record information in a prospective employee’s “initial written employment application” and limiting the type and scope of questions an employer may ask a candidate following receipt of an “initial written employment application.”
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Harassment and the #MeToo Movement in the Private Club Industry

Hospitality Labor and Employment Law Blog·16 May 2018
The recent heightened awareness to sexual harassment issues affects a wide range of industries, and has prompted employers to consider ways to get ahead of the problem. In order to reduce the risk of such complaints, private clubs may take a number of proactive steps.
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Recent Trends in State and Local Wage and Hour Laws

Hospitality Labor and Employment Law Blog·14 May 2018
Our colleagues Jeffrey H. Ruzal, Adriana S. Kosovych, and Judah L. Rosenblatt, attorneys in the Employment, Labor & Workforce Management practice, co-authored an article in Club Director, titled “Recent Trends in State and Local Wage and Hour Laws.”
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Industry Spotlights Webinar Series: Legal Issues Hospitality Employers Should Be Considering This Year

Hospitality Labor and Employment Law Blog·10 May 2018
So far, 2018 has brought an increasing number of labor and employment rules and regulations. To help you stay up to date, we are pleased to introduce the Employment, Labor & Workforce Management Webinar Series.
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New EEOC Commentary on Workplace Harassment

Hospitality Labor and Employment Law Blog· 7 May 2018
Last week, the EEOC released its latest edition of its federal sector Digest of Equal Opportunity Law, a quarterly publication featuring recent Commission decisions and federal court cases selected by EEOC’s Office of Federal Operations. This edition features an article titled, “Promising Practices for Preventing Harassment,” which is the fruition of an EEOC task force on workplace harassment. The article, which is particularly timely given the #MeToo movement, advances five core principles to deter and remedy harassment: (1) committed and engaged leadership; (2) consistent and demonstrated accountability; (3) strong and comprehensive harassment policies; (4) trusted and accessible complaint procedures; and (5) regular, interactive training tailored to the audience and the organization.

Massachusetts Employers' Ability to Inquire into Job Applicants' Criminal History Further Curbed

Hospitality Labor and Employment Law Blog·23 April 2018
Massachusetts employers should take note of a provision in the Massachusetts criminal justice reform law – signed into law last week – that amends the type and scope of questions an employer may ask an applicant about his or her criminal history following an “initial written employment application.”
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Ninth Circuit's Decision Holds That Salary History Is Not a Defense to Equal Pay Claims

Hospitality Labor and Employment Law Blog·13 April 2018
The federal Equal Pay Act (“EPA”) mandates equal pay for equal work regardless of sex. Employers that pay men and women different wages for the same work are strictly liable for violations of the EPA unless they can show that one or more of four exceptions apply to explain the wage disparity. The four statutory exceptions are seniority, merit, the quantity or quality of the employee’s work, or “any other factor other than sex.” The Ninth Circuit recently took up the question of the meaning of the fourth, catchall exception – “any factor other than sex” – in order to consider whether an employer may rely, in whole or in part, on an employee’s prior salary as a basis for explaining a pay differential in Aileen Rizo v. Jim Yovino.

Congress Rejects Part of the DOL's Proposed Tip-Pooling Rule - Employment Law This Week

Hospitality Labor and Employment Law Blog·10 April 2018
Under the recently signed Consolidated Appropriations Act, Congress has amended the FLSA to address tip pools. The amendment prohibits employers from keeping employees’ tips or distributing any portion of the tips to managers or supervisors. Non-tipped, back-of-the-house employees, like cooks and dishwashers, may participate in tip pools when the employer pays at least the minimum wage and does not take a tip credit. The amendment also provides for enhanced damages and penalties when employees are deprived of tips.
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FJC Publishes New Protocols: Initial Discovery Protocols For Fair Labor Standards Act Cases Not Pleaded As Collective Actions

Hospitality Labor and Employment Law Blog·29 March 2018
Our colleagues Adriana S. Kosovych and Jeffrey H. Ruzal, at Epstein Becker Green, have a post on the Wage and Hour Defense Blog that will be of interest to many of our readers in the hospitality industry: “Initial Discovery Guidelines May Fast-Track Early Disclosure Requirements in Individual FLSA Cases.”
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New Jersey Supreme Court Clarifies Exceptions to the Unemployment Compensation Law's Disqualification Rule for Voluntarily Leaving Employment

Hospitality Labor and Employment Law Blog·19 March 2018
New Jersey Unemployment Compensation Law (N.J.S.A. 43:21-4) provides that an unemployed individual who meets an earnings and employment duration threshold is eligible to receive unemployment benefits if he or she “is able to work, and is available for work, and . . . actively seeking work.” An individual’s eligibility for benefits is subject to disqualification conditions outlined in N.J.S.A. 43:21-5.
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Six Circuit Finds Discrimination On the Basis of Gender Identity Violates Title VII

Hospitality Labor and Employment Law Blog·12 March 2018
Our colleagues Nathaniel M. Glasser and Amanda M. Gómez, at Epstein Becker Green, have a post on the Health Employment and Labor blog that will be of interest to many of our readers in the hospitality industry: “Sixth Circuit Finds Title VII Covers Discrimination Based on Transgender Status.”
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Appeals Court Rules That Civil Rights Act Prohibits Anti-Gay Discrimination - Employment Law This Week

Hospitality Labor and Employment Law Blog· 9 March 2018
Featured on Employment Law This Week: Second Circuit: Title VII Covers Sexual Orientation Discrimination. “Legal doctrine evolves.” Those words from the Second Circuit spoke volumes as the court ruled that Title VII of the Civil Rights Act prohibits sexual orientation discrimination, overturning their own long-standing precedent. The court ruled in favor of a skydiving instructor who claimed he was fired for telling a client he was gay.
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Cyberlaw Update: How U.S. Companies Should Prepare for the GDPR

Hospitality Labor and Employment Law Blog· 8 March 2018
Our colleague Stuart M. Gerson at Epstein Becker Green has a post on the Technology Employment Law blog that will be of interest to our readers in the hospitality industry: “The GDPR Soon Will Go Into Effect, and U.S. Companies Have to Prepare.”

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...

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