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HTMLRemembering Swimming Pool Safety as Summer Ends
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
October 19, 2014, previously published on September 25, 2014
From Memorial Day through Labor Day 2014, at least 174 children between the ages of 1 and 14 drowned in swimming pools or spas, according to the USA Swimming Foundation. Of the 174 reports, 112 victims were children younger than age 5. During the same period in 2013, 202 children between the ages...

 

HTMLWhen I'm 64 - New Hospitality Opportunities
Ian K. Lewis; Johnson Stokes & Master Mayer Brown JSM;
Legal Alert/Article
October 14, 2014, previously published on October 7, 2014
The words “When I get older, losing my hair, many years from now” from the old Beatles song about life as a 64-year-old are familiar to many. Sir Paul McCartney is, however, now in his seventies and the song has a rather different relevance to a generation that is now much more focused...

 

HTMLHotel Management Agreements under German Law - Potential Surprises for Asian Investors and Operators
Jürgen Streng; Mayer Brown LLP;
Legal Alert/Article
October 14, 2014, previously published on October 7, 2014
Hotel management agreements have become more popular in Germany in recent years. It is therefore worth examining in some detail the regime for such agreements under German law. This article highlights certain unusual provisions applicable to hotel management agreements under German law that may...

 

HTMLEvents Outside Our Control - How Can Owners and Operators Contractually Control the Consequences?
Andrew P. B. MacGeoch, Emily I. C. Wong; Mayer Brown JSM;
Legal Alert/Article
October 14, 2014, previously published on October 7, 2014
By definition a force majeure is an event outside the control of the parties. However, the parties to a hotel management contract can seek to control some of the consequences, including the allocation of risks, as between the hotel owner and operator.

 

HTMLThe 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.;
Legal Alert/Article
October 8, 2014, previously published on September 19, 2014
On 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...

 

HTMLRestaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees
L. Grant Close, David A. Prather; Ford & Harrison LLP;
Legal Alert/Article
September 29, 2014, previously published on September 26, 2014
Restaurant 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...

 

HTMLHotels & Handguns: What Are Your Guests & Employees Packing?
Rachael Jeanfreau, E. Fredrick Preis; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
September 24, 2014, previously published on September 19, 2014
A 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...

 

HTMLAre Airbnb Hosts Regulated by the CPSC? Short-Term Rental Properties May Require Compliance with Pool & Spa Safety Laws
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 21, 2014
In the wake of the tragic drowning of Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker, Congress passed and President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act. The legislation was sponsored by Congresswoman Debbie Wasserman Schultz...

 

HTMLEnforcing Quality Standards in Hotel Franchise Agreements
David L. Cahn; Whiteford, Taylor & Preston L.L.P.;
Legal Alert/Article
August 12, 2014, previously published on August 6, 2014
Take-away. A franchisor’s diligence in conducting and documenting quality assurance inspections is as important as ever, particularly if the franchisor seeks to exercise its ultimate weapon - termination of the franchise agreement. Prudent inspection and documentation practices are...

 

HTMLNLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees
Frederick L. Warren; Ford & Harrison LLP;
Legal Alert/Article
August 4, 2014, previously published on August 1, 2014
Executive 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...

 


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