Articles Posted in Labor & Employment

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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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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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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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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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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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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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12 August 2008

Hospitality Lawyer with the 3 most important issues facing the hospitality industry today and what you can do about them. Formed in 1910 and headquartered in Washington, D.C., the American Hotel & Lodging Association is the sole national association representing all sectors and stakeholders in the lodging industry. For almost 100 years, AH&LA has been the leading voice for the hotel industry, providing national advocacy on Capitol Hill — a comprehensive federal governmental affairs program covering legislative and regulatory issues for the lodging industry. (see www.ahla.com)

AH&LA has a lot on its agenda, but when I caught up with AH&LA Chairman, Tom Corcoran, he identified 3 of the most important issues to the hospitality industry and asked that we really focus our attention. Here they are . . .

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Author of www.HotelLawBlog.com 17 April 2007
Hotel Lawyer with landmark labor and employment decision from the California Supreme Court on wage and hour issues. Wage and hour claims are serious matters for employers, because they typically involve class actions with lots of current (and former employees), and the claims can cover a long period of time. They are also particularly bad for the hospitality industry because so many employees are nominally “exempt” employees–managers or assistant managers–by their titles, but not under California legal standards. (See prior postings on www.HotelLawBlog.com under the Topic of “Labor & Employment” such as New law on who is a “supervisor” can even the playing field for employers a bit.)

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Contact Information
Jim Butler, Chairman
Global Hospitality Group®
Jeffer Mangels Butler & Mitchell LLP
(310) 201-3526 • jbutler@jmbm.com
www.HotelLawyer.com

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