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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...

 

HTMLBeware of Using Your Restaurant Name in Multiple Locations Without Federal or State Service Mark Protection or a Written Agreement with All Subsequent Users of the Name
Nicole J. Harrell, Robert E. Smartschan, Stephen E. Story; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
July 30, 2014, previously published on Summer 2014
Beware of using your restaurant name in multiple locations without federal or state service mark protection or a written agreement with all subsequent users of the restaurant name. It is not uncommon for a successful restaurateur to expand using the same name as the initial flagship restaurant....

 

HTMLHotel Raises $1.5 Million via Crowdfunding
Rebecca H. Forest; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
On July 22, 2014, Realty Mogul and Kittridge Hotels & Resorts, LLC announced the successful raise of $1.5 million in equity capital for the 163-room luxury Hard Rock Hotel located in Palm Springs, California. According to Realty Mogul, 85 individual investors across the United States...

 

HTMLDiligence in Hotel Lending
Heather Sue Nason; Rogers Towers, P.A.;
Legal Alert/Article
July 21, 2014, previously published on July 16, 2014
The hotel industry appears to be on an uptick, which is good news for lenders. Hotel construction in May 2014 is up over 13% from the same time period in 2013. Moreover, record high occupancy rates and low supply could continue to drive an influx of new rooms into 2015 and beyond. As more lenders...

 

HTMLClamping Down on Illegal Guesthouses in Hong Kong: Government Seeks Input on New Proposals
Andrew P. B. MacGeoch, David S. C. Mallinson, Emily I. C. Wong; Mayer Brown JSM;
Legal Alert/Article
July 17, 2014, previously published on July 16, 2014
The Home Affairs Department of the government has issued a consultation document (the “Document”) reviewing the Hotel and Guesthouse Accommodation Ordinance (Cap.349) (the “Ordinance”) with recommendations to improve the licensing regime and the effectiveness of enforcement...

 


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