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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

Navigating Federal and State Laws for Transgender Workers' Restroom Access

Hospitality Labor and Employment Law Blog - 2 August 2016
Complying with employment law has become increasingly difficult given that various states and municipalities have passed legislation that seemingly contradicts federal guidance.[1] One state law that has been in the spotlight is North Carolina's House Bill 2, the 'Public Facilities Privacy and Security Act' ('HB2'), which was passed in an emergency legislative session on March 23, 2016, to overturn a local ordinance that was set to extend anti-discrimination protections to lesbian, gay, bisexual, and transgender ('LGBT') individuals and would have allowed transgender individuals to use the restroom facilities that corresponded with their gender identity. There are a number of ... Continue Reading

OSHA's New Electronic Recordkeeping Rule: New Burdens for the Hospitality Industry

Hospitality Labor and Employment Law Blog - 26 July 2016
On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published its long-awaited electronic recordkeeping rule (“final rule”). The final rule creates numerous new recordkeeping obligations and additional administrative burdens for hospitality and other employers. Many employers will now be required to submit injury and illness information to OSHA electronically. OSHA will then attempt to remove identifying information from the records and publish them on a searchable database on its website. The final rule also includes several new anti-retaliation provisions that provide new protections for employees reporting work-related injuries and illnesses.

Workforce Management Issues in Mergers and Acquisitions

Hospitality Labor and Employment Law Blog - 19 July 2016
With the financial crisis and recession behind us, mergers and acquisitions have picked up dramatically over the past several years. In 2015, more than 25,000 M&A deals were announced in the United States, valued at trillions of dollars, primarily involving companies in the hospitality, health care, pharmaceuticals, energy, and technology industries. This year and next, most financial experts foresee an increasing number of these transactions taking place.

NLRB Multiplies Impact of Expanded Joint Employer Test: Requires Bargaining in Combined Units Across Multiple Employers

Hospitality Labor and Employment Law Blog - 12 July 2016
Our colleagues Adam C. Abrahms and Steven M. Swirsky, attorneys at Epstein Becker Green, have a post on the Management Memo blog that will be of interest to many of our readers in the hospitality industry: “NLRB Drops Other Shoe on Temporary/Contract Employee Relationships: Ruling Will Require Bargaining In Combined Units Including Employees of Multiple Employers – Greatly Multiplies Impact of BFI Expanded Joint Employer Test.”

'Prepping' for the DOL's New White-Collar Exemption Rule

Hospitality Labor and Employment Law Blog - 5 July 2016
On May 18, 2016, the U.S. Department of Labor (“DOL”) announced the publication of a final rule that amends the “white collar” overtime exemptions to significantly increase the number of employees eligible for overtime pay. The final rule will go into effect on December 1, 2016. The final rule provides for the following changes to the executive, administrative, and professional exemptions: The salary threshold for the executive, administrative, and professional exemptions will increase from $23,660 ($455 per week) to $47,476 ($913 per week). The total annual compensation requirement for “highly compensated employees” subject to a minimal duties test will increase from the current level of $100,000 to $134,004. The salary threshold for the executive, administrative, professional, and highly compensated employee exemptions will be automatically updated every three years to maintain the standard salary level at the 40th percentile of full-time salaried workers in the lowest-wage census region. The salary basis test will be amended to allow employers to use non-discretionary bonuses and incentive payments, such as commissions, to satisfy up to 10 percent of the salary threshold.

Update on DOJ Website Accessibility Regulations and Mobile Accessibility: Employer Considerations

Hospitality Labor and Employment Law Blog - 25 May 2016
Our colleagues Joshua Stein, co-chair of Epstein Becker Green’s ADA and Public Accommodations Group, and Stephen Strobach, Accessibility Specialist, 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: “DOJ Refreshes Its Efforts to Promulgate Title II Website Accessibility Regulations and Other Accessible Technology Updates – What Does It All Suggest for Businesses?”

Employers: DOL Final White Collar Exemption Rule Takes Effect on December 1, 2016

Hospitality Labor and Employment Law Blog - 18 May 2016
Our colleagues Jeffrey Ruzal and Michael Kun at Epstein Becker Green have a post on the Wage & Hour Defense Blog that will be of interest to many of our readers in the hospitality industry: “DOL Final White Collar Exemption Rule to Take Effect on December 1, 2016.”

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