May 2023 / View this email in your browser.

Via Costar image of a $3 tip for the server of a sunrise breakfast of orange juice, toast and coffee on a table How Hospitality Employers Can Avoid Wage and Hour Mistakes

Even when employers are acting with the best of intentions, they can make mistakes that could get them in trouble with wage and hour laws.

Speaking at the Hospitality Law Conference, Courtney Leyes, partner at Fisher Phillips, outlined ways hotel and restaurant employers have run afoul of the U.S. Department of Labor's Wage and Hour Division by not understanding the Fair Labor Standards Act and associated state labor laws.

Handling Tips

For operations that have employees pool tips, such as in a restaurant, the rule of thumb is never include a manager, supervisor or even a team lead in the pool, Leyes said.

It’s common enough in restaurants for servers to make more than their managers because of tips, making it enticing for managers to wait tables when the team is short-staffed for a shift or two, she said. Some may say that when the manager is waiting tables, they’re not acting as a supervisor.

Hospitality Law: Managing Legal Issues in the Hospitality Industry, 5th Edition

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Hospitality Law: Managing Legal Issues in the Hospitality Industry is a practical approach to hospitality law focusing on compliance and prevention.

Behavioral Indicators of Drug Usage Checklist

This checklist is the second in a series surrounding drug safety, drug abuse, and the mitigation of drugs affecting your property or employees. Per the title, this checklist lists out a series of behavioral indicators of regular drug usage. Being able to identify these warning signs can prove useful in protecting your employees and guests alike.

This checklist is also available in Spanish - find it on the Forms, Checklists, and Procedures page!

Person throws a protective mask into the trash can

What Employers Can Expect With the End of the COVID-19 Public Health Emergency

May 15, 2023 via 4Hoteliers
While we anticipate that more guidance is coming from federal and state agencies as they roll back pandemic-era COVID-19 requirements and transition to sustainable long-term processes, here are the key changes you should be aware of – and a six-step plan for compliance.

Man inspecting outdoor property for evidence of pests

Outdoor Areas Require Proactive Pest-Control Approach

May 11, 2023 via Hotel Management
Fredericks stressed that pest-control professionals do not use a “one-size-fits-all” approach, particularly with [Integrated Pest Management], which would assess recommendations based on a hotel’s unique needs.

transgender crowd of people seamless pattern

Understanding Transgender Workers’ Rights

May 10, 2023 via 4Hoteliers
As we wait for further legal guidance, here’s a review of transgender employees’ workplace rights, as well as three best practices for employers to create an inclusive environment.

Via Costar image of a well-dressed waitress laughing and enjoying being at work, while she is holding wine glasses to be served to guests. Beware the Loosening of Restrictions on Child Labor Laws

The year is 2023 and we as a country are somehow talking about child labor laws again.

Several states, most notably Arkansas, have passed or are considering bills that loosen restrictions on minors getting jobs. To be clear, these laws mostly apply to 14- and 15-year-olds as those younger, for the most part, are not allowed to work under the Fair Labor Standards Act of 1938, and states typically don’t require permits for 16- and 17-year-olds to get a job. Some of the state laws under consideration violate that federal law, setting up potential future legal challenges.

These bills are being touted as a way to help with the nationwide labor shortage. But if we have to turn to teens in the workplace as our solution, we’ve entirely missed the point.

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