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Published on:

12 July 2010

Hotel Lawyer with an alert about the DOL’s historic action targeting hotels.

The U.S. Department of Labor (DOL) is taking historic action. With a huge increase in funding and staffing, the DOL is specifically targeting audits and enforcement actions for every hotel, motel, and resort in the U.S. The program will search for violations of overtime rules, minimum wage, and classification of exempt and non-exempt positions. In addition, one of the primary focal points of these audits will be employers with workers holding H-2B visas.

Hotel labor lawyer Marta Fernandez and hotel lawyer, Jim Abrams, both senior members of the JMBM Global Hospitality Group®, say, ” We expect that the DOL compliance audits will cover all of the laws administered by the DOL and WHD including H-2B labor certification wage requirements and other federal laws such as minimum wage, overtime, and family and medical leave.”

In today’s Alert, they also suggest “4 Things that you should do now — Before it is too late.”

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Published on:

3 November 2009

Hotel Lawyer: The transient occupancy tax litigation by cities and local governments continues to mushroom.

On November 3, Florida filed one of the first lawsuits against Expedia and Orbitz for lost bed taxes, but using the Florida Deceptive and Unfair Trade Practices Act.

Although October was a big month in the OTC battles, November may be even bigger. Today, we are going to look at the latest litigation filings and what they mean.

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Published on:

28 April 2009

Hospitality Lawyers on Innkeepers’ legal duties in dealing with Swine Flu and other infectious diseases. There is a lot of great information available about what Swine Flu is, how it is caused, and precautions people should take to avoid becoming infected. But there is very little guidance so far telling lodging operators what the legal and liability questions that apply to their operations.

That is why I turned to Jim Abrams, a valued senior member of JMBM’s Global Hospitality Group® and former President and CEO of the California Hotel & Lodging Association, for some help.

What are the legal ramifications of refusing guests who may appear ill or who have come from Mexico? What are the liabilities that an employer might face for not training and protecting employees? What practical steps should hoteliers be taking to deal with the outbreak? Here is what Jim told me.

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Published on:

19 April 2009

Hotel Lawyer: “I am from the government and I am here to help you . . .”

As the old joke goes, this was one of the three biggest lies (along with “the check is in the mail” and “that’s my Porsche and I own it.”). But however you view it, the government is certainly taking a bigger role in all our lives. Part of the latest regulation requires nutritional information to be provided to customers of hotels and restaurants. Here is the latest from our Jim Abrams.

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Published on:

9 March 2009

Hotel Lawyer with an update on the latest legislation and proposals affecting the lodging industry from hotel lawyer Jim Abrams.

What happens in Vegas may stay in Vegas, but what happens in California spreads like wildfire. That’s why the lodging industry tends to pay such close attention to what is brewing in the California legislature. So, “heads up!” The California legislature is back in session. A number of new laws have already taken effect and a lot of bills are in the hopper. The City of Anaheim (home of Disneyland) has hit Internet travel providers with a whopping TOT bill.

This article by Jim Abrams will tell www.HotelLawBlog.com readers about these and other developments facing the lodging industry in California and quite probably beyond the state’s boundaries.

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Published on:

15 January 2009

Jim Abrams brings decades of hotel experience and relationships to the team
Jim Abrams, a hotel industry leader and former CH&LA President, has joined JMBM’s Global Hospitality Group®. In addition to bringing decades of hotel experience and relationships to the team, he looks forward to contributing to the Group’s work on hotel management agreements, labor union and employment issues, and ADA issues, as well as expanding the Group’s capabilities in legislative and regulatory affairs.

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Published on:

Author of www.HotelLawBlog.com
26 November 2006
Hotel Lawyer on ADA. Hotel ADA problem? If your establishment is a “no pets” hotel, how do you respond to disabled guests and their service animals? Can you demand proof from a hotel guest that an animal is, indeed, a service animal? What can you do if the barking of a canine service animal disturbs other guests? What if a guest claims that a monkey is a service animal, needed to alert the guest to some danger, such as fire or smoke in a room? What can you ask a guest about a claimed disability and his or her service animal before you run afoul of the law?

My partner, Marty Orlick helps clients with all kinds of ADA matters. He has defended clients in almost 200 cases dealing with the Americans with Disabilities Act (ADA) and he has been asked all of these questions over the years. According to Marty, the best time to answer these questions is before a disabled guest lodges a complaint or files a lawsuit claiming discrimination and civil rights violations.

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