Recent Blog Posts
- EEOC Suit Alleges Luxury Hotel Discriminated Against Haitian Employees and Used Staffing Agency as a Conduit to Discriminate On April 18, 2017, the Equal Employment Opportunity Commission (“EEOC”) filed a putative class action against the SLS Hotel South Beach in Miami, Florida (“Hotel”), alleging that the Hotel violated Title VII by firing black Haitian dishwashers who worked in the kitchen and serviced several restaurants in the Hotel – including the Bazaar by Jose Andres, Katsuya and Hyde Beach – and replacing them with white and Hispanic workers, who were supplied by a staffing agency, National Service Group (“NSG”).
- Philadelphia’s Salary History Law Temporarily Stayed Pending Lawsuit Amid challenges regarding Philadelphia’s upcoming law prohibiting employers from requesting an applicant’s salary history, the City has agreed not to enforce the upcoming law until after the court has finally resolved the injunction request.
The law, which was set to become effective May 23, 2017, has been challenged by the Chamber of Commerce for Greater Philadelphia (the “Chamber”). The Chamber’s lawsuit alleges that the pending law violates the First Amendment by restricting an employer’s speech because, among other reasons, “it is... More
- Do Companies Aid and Abet Discrimination by Conducting Background Checks on Independent Contractors? Our colleagues Patrick G. Brady and Julie Saker Schlegel, at Epstein Becker Green, have a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the hospitality industry: “Beyond Joint Employment: Do Companies Aid and Abet Discrimination by Conducting Background Checks on Independent Contractors?”
Following is an excerpt:
Ever since the National Labor Relations Board (“NLRB”) issued its August 2015 decision in Browning-Ferris Industries of California, Inc., holding two entities may be joint... More
- Chipotle Exploits Wide Variation Among Plaintiffs to Defeat Class and Collective Certification A New York federal court recently declined to certify under Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”) six classes of salaried “apprentices” at Chipotle restaurants asserting claims for overtime pay under New York Labor Law (“NYLL”) and parallel state laws in Missouri, Colorado, Washington, Illinois, and North Carolina, on the theory that they were misclassified as exempt executives in Scott et al. v. Chipotle Mexican Grill, Inc. et al., Case No. 12-CV-8333 (S.D.N.Y. Mar. 29, 2017). ... More
- Take 5 Newsletter: A Full Menu of Potential Legal Issues for Hospitality Owner/Operators In the new issue of Take 5, our colleagues examine important and evolving issues confronting owners, operators, and employers in the hospitality industry:
Avoiding “Perfectly Clear” Successor Status When Acquiring a Property with a Union Workforce Now Requires Greater Vigilance
Restaurant Manager Misclassification Complaints Highlight Important Defense Strategies for Hospitality Owner/Operators
Managing the Rise in Hospitality Data Breaches
Buyer Beware: Purchasing Assets from a Unionized Employer May Come with a Nasty Withdrawal Liability Surprise
Are Protections for Part-Time Employees the New Trend in Employment Law?
- Hospitality Labor and Employment Law Blog Ranks in Top 75 We were pleased to see that Feedspot has ranked our blog in its “Top 75 Employment Websites and Blogs for Employees and Employers.”
The ranking is based on Google reputation and search ranking; influence and popularity on Facebook, Twitter, and other social media sites; quality and consistency of posts; and Feedspot’s editorial team and expert review.
Thank you for reading our blog! If you aren’t receiving email notifications when we post, please add your email to the Subscribe form, in the right-hand... More
- Immigration Update: Travel Ban and Other News for Employers The Immigration Law Group at Epstein Becker Green released a Special Immigration Alert that will be of interest to our readers.
President Trump Issues Revised Executive Order on Travel
USCIS Suspends Premium Processing for H-1B Petitions Starting April 3, 2017: All H-1B Petitions, Including H-1B Cap Petitions, Are Affected!
Use of New Form I-9 Is Now Mandatory
IRS Announces That Delinquent Taxpayers Face Revocation/Denial of U.S. Passports
DHS Issues Two New Memos on Enforcement/Border Security
Read the full alert here.
- Employers: How to Prepare for “A Day Without” Actions A new post on the Management Memo blog will be of interest to many of our readers in the hospitality industry: “‘A Day Without’ Actions – How Can Employers Prepare?” by our colleagues Steven M. Swirsky and Laura C. Monaco of Epstein Becker Green.
Following is an excerpt:
[T]he same groups that organized the January 21, 2017 Women’s March on Washington – an action participated in by millions of individuals across the county – has called for a “Day Without Women” to be held on Wednesday, March 8, 2017.... More
- Fifth Circuit: Outsourcing Violated the NLRA – Employment Law This Week Featured on Employment Law This Week: The U.S. Court of Appeals for the Fifth Circuit backs the National Labor Relations Board (NLRB) in an outsourcing dispute.
The NLRB found that a management company violated the National Labor Relations Act when it outsourced the cleaning staff of a hotel that it managed. The NLRB found evidence that the outsourcing decision was related to the worker’s interest in union representation. The NLRB rejected the company’s argument that the decision was due to declining... More
- Changes to NLRB Election Rules and Employee Handbook and Email Standards Are Likely Under Miscimarra Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the hospitality industry: “NLRB Acting Chair Dissents Point to Likely Changes to Board Election Rules and Employee Handbook and Email Standards.”
Following is an excerpt:
NLRB Acting Chair Philip Miscimarra has given the clearest indication to date of what steps a new Republican majority is likely to take to... More