Active Vigilance + Comingling Employees + Document Compliance Obligations + Labor Laws, Best Practices + Hiring Minors

March 2023 / View this email in your browser.

Via Hospitality Trends image: A person is trained using virtual reality glasses From HR to VR: A New Era of Training

Seek, and you shall find. An innkeeper’s duty includes not just waiting for reports of dangerous conditions but going on the hunt to find them. Liability cannot be avoided by claiming ignorance when lack of knowledge is due to failing to inspect.

Presumably all hotel managers know that hotels owe a duty of care to their guests to repair known dangerous conditions. Hotels must also make routine inspections to discover dangerous conditions.

Case in point: Plaintiff was a guest at a Marriott in Detroit where she was attending a conference. The ballroom was used as a dining hall for the convention. Wanting a cup of tea, plaintiff joined a line at a buffet table. While following the path of the line, which took her between two tables, plaintiff’s shoe caught on an upturned corner of an electrical grid. This caused her to trip and fall, resulting in a fractured shoulder. She had not seen the grid because there were many people waiting in the line and the placement of tables blocked her view of the floor.

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Restaurant Owner Learns Dangers of Comingling Employees Between Locations

March 23, 2023 via 4Hoteliers

Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek. This sends a stark reminder to all multi-unit operations about the importance of complying with wage and hour law.

Travelodge Hotels, Inc. v. Durga, LLC: A Case Study on How to Document Compliance Obligations under Franchise Agreements

March 16, 2023 via Foley & Lardner

This case demonstrates how courts will consider evidence of whether and how franchisors meet and document their compliance with their obligations under franchise agreements.

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CLIC Panel Considers Labor Laws, Best Practices

March 19, 2023 via Hotel Management

During the recent California Lodging Investment Conference, held at The Westin South Coast Plaza, a panel of industry insiders examined the ongoing labor challenges facing hoteliers and discussed how employers can leverage policy to their benefit.

Via QSR Magazine image: three young baristas learning how to use an espresso machine Ask the Restaurant Legal Professionals: What to Know When Hirng Minors

Today's question: With recent labor shortages we have been somewhat forced to dip into a younger pool of employee applicants. Is there anything we need to be aware of before hiring minors?

The Department of Labor Wage and Hour Division has recently vowed to focus enforcement efforts on child labor law compliance. Democrats and safety organizations have pushed the Department of Labor to take further steps to make current regulations stricter. While the Biden administration does not seem to have the capacity to execute on such rulemaking, QSR employers which rely heavily on workers under the age of 18—are facing a unique challenge ensuring compliance.

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