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New Primary Beneficiary Test and U.S. Department of Labor’s Revised Guidance Provides Employers with More Flexibility for Internship Programs
January 17, 2018
Category: Legal Updates
Prior to 2018, the United States Department of Labor (“DOL”) had applied a rigid six-part test to determine whether interns must be treated as employees or unpaid interns. However, on January 5, 2018, the DOL announced that, in an effort to eliminate confusion and align itself with recent case law, it would adopt the “Primary Beneficiary” test to determine whether interns are employees under the Fair Labor Standards Act (“FLSA”).
HotelExecutive.com: Expanded Labor and Employment Liability in Hotel Acquisitions
December 17, 2017 • John R. Hunt
Category: Publications
Head on over to HotelExecutive.com to read the latest article by John Hunt, covering a brief review of laws pertaining to hotel mergers and acquisitions! If that doesn’t slake your appetite for knowledge, contact Stokes Wagner at any time with your questions.
New York Paid Family Leave Effective January 1, 2018
November 21, 2017 • Jordan A. Fishman
Category: Legal Updates
Starting January 1, 2018, nearly all private employees in New York State will be eligible for Paid Family Leave so the employee can (1) bond with a newly born, adopted or fostered child; (2) care for a family member with a serious health condition; or (3) assist loved ones when a family member is deployed abroad on active military duty. Paid Family Leave will phase in over four years, starting at 8 weeks in 2018 and increasing to 12 weeks by 2021.
The International Society of Hospitality Consultants (ISHC) welcomed Hayden Pace (CEO, Stokes Wagner, ALC) among twenty-four hospitality consultants qualified by their expertise and reputation in its 2017 membership class.
ISHC is the leading source for global hospitality expertise. Membership in ISHC is by invitation only, and members are viewed as leaders in their respective areas of expertise. Candidates for membership undergo a rigorous screening process, ensuring that all ISHC members have a reputation of integrity and are qualified by their experience, training and knowledge to develop and express sound judgment on industry issues.
Hayden Pace is the Chief Executive Officer of Stokes Wagner, a law firm dedicated to providing the hospitality industry with “white glove” legal services. Hayden was raised in New York and currently resides in Atlanta. He regularly lectures nationally and internationally, and has the privilege of working with hotel clients around the world.
Chicago Passes New Law to Protect Hotel Employees Against Sexual Assault
November 2, 2017 • Christina Tantoy
Category: Legal Updates
To better protect hotel workers against sexual harassment and assault, Chicago passed the “Hands Off Pants On” Ordinance. The Ordinance requires Hotels in the City of Chicago to adopt (1) a “panic button” system and (2) anti-sexual harassment policy.
Salary History Ban Takes Effect October 31, 2017 in New York City
October 30, 2017
Category: Legal Updates
An amendment to the New York City Human Rights Law, effective October 31, 2017, prohibits New York City employers from considering job applicants’ salary histories. Here are the details:
The Amendment Prohibits Employers From:
- Inquiring about an applicant’s salary history; or
- Relying on an applicant’s salary history when making decisions about an applicant’s salary at any time during the hiring process.
New CA Employment Bills: Paid Parental Leave, Considering Prior Salary on Applications, Ban The Box Legislation, Harassment Prevention Training, & Immigrant Worker Protection
October 18, 2017 • Christina Tantoy, Diana Lerma
Category: Legal Updates
Governor Brown, Jr., recently signed five employment bills into law that affect all California employers. The following laws are effective starting January 1, 2018.
Security Shortcomings Exposed By Las Vegas Massacre Prompt Sweeping Security Overhaul Discussions Among Hotels In The United States
October 5, 2017 • Diana Lerma
Category: Publications
On Sunday, October 1, 2017, a gunman shot into a crowd of 22,000 people from his 32nd-story room in the Mandalay Bay Resort and Casino. After 11 minutes, 59 people were killed and more than 500 were injured. Whether hotels can or will respond to this tragedy with security measures capable of preventing future mass shootings remains to be seen. In the wake of this tragedy, however, hotel security practices undoubtedly will come under severe scrutiny. As many of our hospitality clients have contacted us over the past three days to discuss their security obligations, we thought this short article might prove helpful by identifying certain legal principles applicable to hotel security and by outlining several security measures hotels will likely evaluate and implement in the near future.
An Innkeeper’s Liability for Guest Safety
California Increases Employer Penalties for Cal-OSHA Violations
October 5, 2017 • Christina Tantoy
Category: Legal Updates
California’s Division of Occupational Safety and Health (“Cal-OSHA”) recently increased its penalties in response to Federal OSHA’s increased penalty hikes last year.
On September 6, 2017, in Marsh v. J. Alexander’s, LLC, the Ninth Circuit refused deference to the United States Department of Labor’s (the “DOL”) 80/20 Rule, which interprets the “tip credit” under the Fair Labor Standards Act (“FLSA”). The Ninth Circuit held that the 80/20 Rule is inconsistent with the FLSA because the Rule improperly focuses on an employee’s individual duties, rather than an employee’s distinctive dual positions.