Joshua Stein, Valerie Butera, Steven Swirsky Quoted in “Checking In: 3 Big Legal Issues in Hospitality”

Corporate Counsel

Joshua A. Stein, a Member of the Firm in the Labor and Employment practice and co-chair of the firm's ADA and Public Accommodations Group, Steven M. Swirsky, a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, and Valerie Butera, a Member of the Firm in the Labor and Employment practice, were quoted in Corporate Counsel, in “Checking In: 3 Big Legal Issues in Hospitality,” by Rebekah Mintzer. (Read the full version — subscription required.)

Following is an excerpt:

For now, the answer depends on whom you ask. “There’s currently tension between the courts, and between some courts and the federal government regulators as to whether or not Title III should apply,” said Stein. While courts in some jurisdictions have held that there needs to be a “nexus” between a brick-and-mortar location and a web presence for a company to fall under ADA Title III (think: physical restaurant or hotel with a website), others have said that even a company that is only on the web is subject to the statute. …

When it comes to hospitality, OSHA also has set its sights on workplace ergonomics. “Hospitality employees are among those most likely to experience musculoskeletal injuries resulting from poor ergonomic conditions in the workplace,” said Butera. Although there are no specific OSHA rules on ergonomics, the agency leverages the general duty clause of the OSHA Act to go after potential violators, and has signaled that it will be focusing on musculoskeletal injuries in the workplace throughout 2015. …

There are other changes under these rules. According to Swirsky, due to one update, employers now only will have seven days at most after petitions are received to analyze them and prepare a statement of position to file with the labor board. “If you do not raise an issue in your statement of position, you going to be deemed to have waived that issue and you will not be able to pursue it later on, even if it’s a matter of law and you are right,” he said.

The interview refers to the attorneys' recent webinar, “Unique Labor and Employment Issues in Hospitality—Welcome Your Guests, Not a Lawsuit.”