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Documents on Labor And Employment, Travel, Leisure & Hospitality, Retail Trade
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|Seven Key Supreme Court Cases for Retailers to Watch|
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 9, 2014, previously published on October 2, 2014The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a quick run-down of the important cases for retailers to watch and a...
|The Missouri Supreme Court Rules That Parties May Have a Duty as a Joint Employer With Its Contractors Pursuant to the Missouri Minimum Wage Law|
Robert F. Chandler; Baker Sterchi Cowden & Rice, L.L.C.;
October 8, 2014, previously published on September 19, 2014On August 19, 2014, the Missouri Supreme Court overturned a summary judgment in the case of Andro Tolentino v. Starwood Hotels & Resorts Worldwide, et al., No. SC93379, ruling that a hotel chain may be liable to a non-employee plaintiff as a “joint employer” pursuant to the Missouri...
|Brand Protection: The Case for Franchisor Auditing and Enforcement of Franchise Agreement Compliance Clauses|
Mary E. Pivec; Ford & Harrison LLP;
October 7, 2014, previously published on October 3, 2014Executive Summary: The recent criminal prosecution of several 7-Eleven franchisees, which arose out of a criminal alien employment investigation, as well as efforts by government agencies to treat franchisors and franchisees as joint employers for the purposes of liability under federal labor and...
|Restaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees|
L. Grant Close, David A. Prather; Ford & Harrison LLP;
September 29, 2014, previously published on September 26, 2014Restaurant franchisors are facing efforts from both the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL) to make them joint employers of franchisees' employees. The Board's efforts have caught the attention of Congress where a House subcommittee held a hearing on the...
|Hotels & Handguns: What Are Your Guests & Employees Packing?|
Rachael Jeanfreau, E. Fredrick Preis; Breazeale, Sachse & Wilson, L.L.P.;
September 24, 2014, previously published on September 19, 2014A pressing issue for Louisiana hotels is access to firearms by employees, guests, and visitors on hotel premises. In Louisiana, the regulation of firearms affects hotels in two main ways. First, Louisiana law generally allows hotels to prohibit concealed handguns, but a recent amendment to the law...
|NLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees|
Frederick L. Warren; Ford & Harrison LLP;
August 4, 2014, previously published on August 1, 2014Executive Summary: Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor Relations Board (NLRB) against restaurant franchisors...
|NLRB Deems Micro-Unit an Appropriate Bargaining Unit in Retail Industry|
Duane Morris LLP;
August 4, 2014, previously published on August 1, 2014The National Labor Relations Board (the "Board" or NLRB) recently issued a pair of decisions applying its Specialty Healthcare test to determine if petitioned-for units in two large department stores were appropriate for bargaining purposes. The Board reached different outcomes in these...
|Protection Against Sexual Harassment by Customers|
Duncan A. W. Abate, Anita W. C. Lam, Hong Tran; Mayer Brown JSM;
June 30, 2014, previously published on June 19, 2014The Hong Kong government will gazette this Friday, 20 June 2014, a bill to amend the Sex Discrimination Ordinance (Cap 480) to protect service providers from sexual harassment by their customers.
|Top 5 Legal Trends For Hospitality Employers|
Bethanie E. Barnes, John A. Mavros; Fisher & Phillips LLP;
March 6, 2014, previously published on March 1, 2014There is much to be learned from 2013. Below are five legal topics that made headlines last year, and should provide valuable guidance for managing labor and employment law issues in 2014.
|Wage Deduction From Final Paycheck Narrowly Allowed by Ninth Circuit|
Ogletree Deakins Nash Smoak Stewart P.C.;
February 5, 2014, previously published on January 31, 2014Ward v. Costco Wholesale Corp., No. 11-56757 (January 9, 2014): In a recent unpublished decision, the Ninth Circuit Court of Appeals upheld a trial court’s decision that Costco Wholesale did not violate the Fair Labor Standards Act (FLSA) or the California Labor Code when it deducted the...