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|Events Outside Our Control - How Can Owners and Operators Contractually Control the Consequences?|
Andrew P. B. MacGeoch, Emily I. C. Wong; Mayer Brown JSM;
October 14, 2014, previously published on October 7, 2014By 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.
|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...
|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...
|Are 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.;
September 2, 2014, previously published on August 21, 2014In 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...
|Enforcing Quality Standards in Hotel Franchise Agreements|
David L. Cahn; Whiteford, Taylor & Preston L.L.P.;
August 12, 2014, previously published on August 6, 2014Take-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...
|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...
|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 Name|
Nicole J. Harrell, Robert E. Smartschan, Stephen E. Story; Kaufman & Canoles A Professional Corporation;
July 30, 2014, previously published on Summer 2014Beware 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....
|Hotel Raises $1.5 Million via Crowdfunding|
Rebecca H. Forest; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
July 25, 2014, previously published on July 23, 2014On 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...
|Diligence in Hotel Lending|
Heather Sue Nason; Rogers Towers, P.A.;
July 21, 2014, previously published on July 16, 2014The 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...