New Federal Pregnancy Accommodation Requirements + Alcohol Retailers Take Note + Chevron Doctrine's Reversal + New Overtime Rule + California's Junk Fee Law + Indemnity Provisions

July 2024 / View this email in your browser.

Via HL Blog image: pregnant worker with hand on belly

Employers face significant new pregnancy accommodation requirements thanks to recent federal regulations under the Pregnancy Workers Fairness Act (PWFA) that took effect last month. But did you know that California employers – most of which are already subject to fairly stringent requirements under the state’s Pregnancy Disability Leave (PDL) – also face additional obligations? Read on for a summary about the interplay of these two critical laws.

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How the Chevron doctrine’s reversal could impact the hotel industry

via Hotel Dive

The U.S. Supreme Court dealt a blow to federal agencies when it overturned the Chevron doctrine on June 28. In a 6-3 vote, the court overruled a 1984 decision that required courts nationwide to give deference to federal agencies interpretations of statutes. Now that deference is no longer required.

Employee in restaurant holding delivered boxes

Alcohol Retailers Take Note: Using A Delivery Service Comes With Certain Risks

via Gray Robinson

The Washington State Liquor and Cannabis Board (WSLCB) recently cited a local wine and spirits store for selling liquor to a minor. According to reports, the citation shocked the owners and their employees because they were certain they had never sold alcohol to a minor in their store.

Ask the Restaurant Legal Professionals: 5 Steps to Prepare for New Overtime Rule

via QSR

Quick-service restaurants will likely feel a big impact from the new federal overtime rule, which could make more employees eligible for overtime by significantly raising the exempt salary threshold in two phases.

Employee handing towels to guests near pool/spa

How California's Junk Fee Laws Affect Hoteliers Across the US

via CoStar

Two new California state laws targeting hidden fees — or so-called "junk fees" — at hotels, vacation rentals, event ticket sellers and food delivery services officially took effect on Monday. Though these are laws passed in California, they will have an immediate impact that reaches beyond the state.

Via Hotel Management mage: person writing on clipboard at desk. Another person has their hands clasped waiting next to them.

I’ve been practicing hospitality law for about 10 years now and am very familiar with the typical indemnity provision of a hotel management agreement. But as a new practitioner, I found it somewhat puzzling, even though I was told it was the industry standard.

Very generally speaking, the typical indemnity provision requires the hotel owner to indemnify the hotel manager for all third-party claims arising from the operation of the hotel except those claims arising from the gross negligence, fraud or willful misconduct of the hotel manager. The hotel owner’s indemnity covers third-party claims caused by the actions of hotel employees, even though the hotel is under the exclusive control of the hotel manager and, in the United States, hotel employees are usually employed by the hotel manager.

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