With the ongoing worker shortage in the wake of the pandemic, many employers are opening up their application process to under-aged workers. This article lays out some key considerations to keep in mind in order to avoid legal violations associated with hiring minors in the workplace. READ MORE
HOTEL BUSINESS REVIEW
December FOCUS: Hotel Law
Hotel Law: The Consequences of Covid-19
As might be expected, the Hotel Law profession is contending with all types of legal issues stemming from the effects of Covid-19. Nearly all hotel employers are being impacted, dealing with issues such as leaves of absence, workers' classification, discrimination disputes, arbitration agreements, and union relations. In addition, some hotels are being obligated to comply with new Covid-19 health and safety laws, pertaining to workplaces that pose a risk of "imminent hazard." There are also legal issues surrounding workplace Covid testing, and quarantining and isolation requirements. Worker compensation issues are also a concern when employees may have contracted Covid at work. New laws are classifying these illnesses as "occupational injuries" and therefore eligible for benefits. Other non-Covid legal issues that are coming to the forefront involve an uptick of lawsuits pertaining to the American Disabilities Act and, in some states, there has been an expansion of the Family Leave Act. These are just a few of the subjects that the December issue of the Hotel Business Review will address in the area of Hotel Law.
This month's feature articles...
While COVID-19 has adversely affected hospitality industry revenues due to a decrease in travel by potential customers, it has also affected hotels' ability to maintain an adequate work force. The H-2B program allowing U.S. employers to petition U.S. Citizenship and Immigration Services to hire foreign nationals for temporary non-agricultural jobs may enable hotels to address temporary staff shortages. READ MORE
The lodging and hospitality industry and its owners and operators have a service orientation that demands constant interaction with guests, employees, vendors and those in the host communities where they operate. Lodging operators need to be aware and vigilant of the changing landscape of their legal environment due to COVID-19. READ MORE
Many hotel employers were forced to lay off staff when shelter-in-place orders grounded travel and tourism. Now hoteliers face a host of new legal obligations. In an effort to put laid off workers in the same position they were pre-pandemic, a number of municipalities and states have enacted "right to recall" laws that require that employers offer re-opened positions to previously laid off staff before hiring new employees. READ MORE
- Legal Compliance & Safety
- Could the End of Covid-Related International Travel Bans Mean a New Beginning?
The Biden administration's rescission of a series of presidential proclamations that restricted international travel into the United States from multiple countries following the outbreak of COVID-19 will likely offer immediate benefits to hotels, restaurants, and the travel industry in general. After almost 18 months of closure, is America really open for business? READ MORE
The hospitality industry has been plagued by the COVID-19 pandemic. As the pandemic continues to impact occupancy rates and conference bookings, hotels have a number of restructuring options available to avoid foreclosure. This article highlights the best practices for engaging with lenders to explore available restructuring options in the event of prolonged financial distress. READ MORE
Even the smallest problem can snowball into a major disaster if no one speaks up about it. Rather than fostering a workplace where employees are afraid to mention issues they notice, savvy leaders are encouraging a speak-up culture that ensures the company can get ahead of problems. READ MORE
- Legal Compliance & Safety
- Should the Hospitality Industry Require Employees and Guests to Be Vaccinated?
Should hospitality employers mandate COVID-19 vaccines as a condition of their employees' return to work? Rising above the political and social debates raging today in America, the authors of this article make a compelling case for hotel owners and operators to demonstrate leadership by requiring their employees to be vaccinated for the good of the hospitality industry and the Nation. We also provide a roadmap for the possible legal pitfalls. READ MORE
In this article, Holland & Knight partner Paul Bond analyzes the likely real-world impact of augmented reality (AR) and virtual reality (VR) on hotel operations. If adopted widely, guests will want top quality hotels to add an immersive, connected experience. Legal issues abound, alongside new opportunities for engagement with digital natives. READ MORE
- Legal Compliance & Safety
- The Department of Labor's Looming Final Rule on Dual Jobs and the Tip Credit
If you thought labor issues in this environment couldn't be more difficult, enter the revised Department of Labor (DOL) "dual job" and "80/20" rules, which are effective December 31. They likely will create significant compliance challenges for businesses that take the tip credit. Many operators may have to decide whether to eliminate tipping, assign cleaning and side work to dedicated low-wage workers, or figure out how to track the time tipped staff spend on tasks that are not directly "tipped producing". READ MORE
COVID-19 (coronavirus) will have a lasting impact on the hospitality industry. In some cases, coronavirus may alter language that hospitality actors utilize in contracts. Those contracts may need to be amended to reflect the impact of coronavirus or those contracts, as they stand, may be interpreted in light of coronavirus. One aspect of contracts that may be impacted by coronavirus is force majeure provisions within hotel management agreements. READ MORE
With the ever-changing COVID-related laws, regulations and mandates, hotel employers are finding themselves in court defending COVID-related employment litigation claims. How can hotel employers stay in compliance and avoid a COVID-related lawsuit? READ MORE
One unforeseen consequence of the pandemic, particularly at hotels, is staffing shortages. These staffing shortages have resulted in hotels requesting existing exempt employees to take on more duties and responsibilities of non-exempt employees. Such efforts may backfire and put hotel employers at risk to wage-and-hour litigation. READ MORE
- Legal Compliance & Safety
- Covid-19 Litigation: What Hotels Have Learned and How to Mitigate Future Exposure
With travelers returning to hotel destinations across the world, threats of COVID-19 contamination continue to expose the hospitality industry to various legal risks. With more than 2,000 COVID-related cases currently on file in the United States, the risk remains, especially in the areas of negligent exposure and labor and employment. This article will examine some of the increased legal risks to the hotel industry and some suggestions to mitigate or reduce exposure to COVID-19 related lawsuits. READ MORE
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