Labor & Employment

July 17, 2012

Losing the expectation of privacy bit by bit, byte by byte

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
17 July 2012

Hotels and restaurants are among many other businesses that monitor employees at work through video surveillance, and through employees' use of company-issued computers and smart phones. While employers gain benefits such as reducing theft, decreasing liability and ensuring safety procedures are followed, employees can feel that this electronic monitoring violates their privacy. In his article below, Mark Adams, a litigator in JMBM's Global Hospitality Group®, shares with us how courts are ruling in lawsuits that deal with electronic surveillance of employees. He also gives employers advice on how to prevent these lawsuits from happening.

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June 27, 2012

Hotel labor lawyer: United States Supreme Court supports expansion of outside salesperson exemption

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
27 June 2012

Hotel Labor Lawyer update on recent United States Supreme Court decision affecting wage an hour (overtime) requirements

In this article, Jon McNutt, an associate in JMBM's Labor & Employment Group, reviews the United States Supreme Court's recent decision concerning overtime exemption under the Fair Labor Standards Act.

The Fair Labor Standards Act's (the "Act") outside salesperson exemption has been a hotly contested issue for many years. To qualify for this overtime exemption under the Act, an employee's primary duty must be "making sales" and the employee must be "customarily and regularly" engaged in making sales outside the employer's place of business. Employers and plaintiffs have clashed over the types of duties that meet the criteria -- including whether individuals who lay the groundwork for a product's sale are, in fact, salespersons.

On June 18, 2012, the United States Supreme Court in Christopher v. GlaxoSmithKline Beecham provided guidance on this issue and handed employers a victory. In Christopher, two former GlaxoSmithKline pharmaceutical sales representatives filed a class-action lawsuit claiming that they were not paid for hours they worked each week outside the normal business day. Their jobs required them to meet with doctors in their offices to pitch Glaxo products, but also to attend conventions, dinners, and golf outings. GlaxoSmithKline argued that their job duties and work away from the employer's business exempted them from overtime pay, whereas the employees claimed that since they were not actively involved in the product sale, they should receive overtime pay.

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April 23, 2012

Hotel Labor Lawyer: California Supreme Court finally gives employers some good news in Brinker Restaurant Corporation v. Superior Court

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
23 April 2012

Hotel Lawyer with some insights on the recent California Supreme Court Case, Brinker v. Superior Court

Last week, the California Supreme Court gave employers a "break" by resolving issues in a case that has been pending since 2008 -- issues that have cost California employers more than a billion dollars in settling and defending class action lawsuits.

At issue in Brinker Restaurant Corporation v. Superior Court was whether California employers must ensure that their employees actually take their meal and rest periods or merely make them available. To the collective relief of California employers, the court found that an employer must only provide meal and rest periods to its employees, leaving the employees free to use the period for whatever purpose they desire. The employer is not obligated to ensure no work is performed during the period.

My partner, labor and employment lawyer Travis Gemoets, offers some practical pointers to employers based on the Brinker decision, in his article below.

While it is always great to share positive news with our friends in the hospitality industry, the Brinker decision also reminds us of the critical need for clear, sound employee policies, and the importance of providing regular, ongoing education to supervisors who implement those policies.

JMBM's Global Hospitality Group® includes labor and employment lawyers with deep experience in the hospitality industry, providing clients with practical advice and planning, as well as aggressive advocacy. If you would like to discuss how our industry-specific prevention and preparedness strategies can help you avoid or minimize costly employment claims, or how the Brinker decision impacts your hotel operation, please contact me or my partner, Travis Gemoets.

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October 6, 2011

Hotel Labor & Employment Update: California Supreme Court one step closer to decision in meal and rest period case

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
6 October 2011

My partner, labor and employment lawyer Scott Brink, has informed us that the California Supreme Court is scheduled to hear oral argument in a high-profile labor law case, Brinker Restaurant v. Superior Court, on November 8, 2011. He believes it is likely we will see a decision within the following 90 days.

The outcome could curb a wave of class action lawsuits in California -- or provide the fuel for more of them.

At issue in the case is whether California employers must ensure that their employees actually take their meal and rest periods or merely make them available. Here is Scott's update.


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September 20, 2011

Hotel Labor and Employment Lawyer Update: Controversial Union Rights Notice Subject to Legal Challenge -- Employers Should Not Rush To Post It

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
20 September 2011


On September 10 2011 , we let you know that the National Labor Relations Board (NLRB) is making it harder to stay union free.

As of November 14, 2011, most private sector employers are required, by a controversial new National Labor Relations Board rule, to post a notice advising employees of their rights under the National Labor Relations Act.

Now, according to my partner, labor and employment lawyer Scott Brink, the NLRB's authority to issue the new rule is already the subject of legal challenge.

Because NLRB enforcement of the new rule may be delayed -- pending the resolution of a lawsuit challenging the validity of the rule -- employers should not rush to post the notice before the November 14, 2011 deadline.

Scott's brief article below explains what is going on and why you need to pay attention to this important development.

A link to the NLRB's Form of Notice, which was issued September 14, 2011, may be found at the end of the article.

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September 10, 2011

Hotel Labor and Employment Lawyer Alert: The NLRB is making it harder to stay union free.

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
10 September 2011

A highly controversial new law, which many employers believe will unfairly foster union organizing, requires that employers post notices of employee rights -- including the right to organize, join or discuss the activities of a union. The law goes into effect on November 14, 2011.

Employers must comply with the new rule whether they have a unionized work force or not.

My partner, labor and employment lawyer Scott Brink, has outlined in his article below the requirements the new rule imposes on employers.

Scott and the labor and employment lawyers of JMBM's Global Hospitality Group® have represented the hospitality industry in all aspects of labor and employment law including union prevention, collective bargaining negotiations, and defense of unfair labor practice charges before the NLRB. If you have questions about how this new rule will impact your hotel business, we can help.

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July 12, 2010

Hotel Labor Lawyer Alert: U.S. Department of Labor targets the hospitality industry

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
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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January 5, 2009

The Best from the Blog -- Hotel Lawyers

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
5 January 2009

To say the least, the last year has been a very "interesting" one. Here are our picks for "The Best from HotelLawBlog.com" from 2008. There are some classic pieces here!

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December 1, 2008

Hotel Lawyer Marta Fernandez: Winning the Hearts, Minds and Loyalty of Your Workforce BEFORE the Union Comes Calling

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
1 December 2008

Hospitality Lawyer with insights on "What you CAN do NOW" . . . before the pending Employee Free Choice Act is adopted and the unions come calling. Today we are going to talk about a monumentally important event facing the hotel industry, that is almost certain to happen with Barack Obama's election. It is something that will affect virtually every hotel in the United States, and there is probably a very limited window of a few months that you can do something that will have a long lasting benefit for your hotel. But you have to act very soon.

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November 5, 2008

Hospitality Lawyer: Why you must act NOW to win the hearts, minds & loyalty of your workforce

by the JMBM Global Hospitality Group®

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
6 November 2008

Hospitality Lawyer: The EFCA: Why you must act NOW to win the hearts, minds & loyalty of your workforce.

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