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|Sixth Circuit Affirms 'Dirtiest Hotel' Defamation Ruling|
Jeffrey D. Neuburger; Proskauer Rose LLP;
September 25, 2013, previously published on September 23, 2013We previously wrote about a Tennessee district court’s decision holding that a hotel’s inclusion at the top of the 2011 TripAdvisor “Dirtiest Hotels” list constituted hyperbolic opinion and rhetorical exaggeration, and thus was not actionable under Tennessee defamation law....
|How Immigration Reform Can Attract Increased Tourism Revenue|
Anton F. Mertens, Anna L. Scully; Burr & Forman LLP;
September 18, 2013, previously published on September 12, 2012The U.S. immigration system often is not conducive to short visits for tourism, making the U.S. a less than attractive vacation destination for international travelers. The State Department, which administers the processes for getting visitor access to the U.S., must balance concern for national...
|Fast Food Strikes Spread Across the Nation|
Joshua J. Sudbury, Scott V. Wagner; Ford & Harrison LLP;
September 3, 2013, previously published on August 2013Executive Summary: Recently, unions and union-backed workers' centers have set their sights on employers in the restaurant industry, particularly those operating fast-food establishments. While the groups have touted higher wages and better benefits as the reason for their crusade, another...
|Worker Centers Get Active and Get Attention|
David P. Phippen; Constangy, Brooks & Smith, LLP;
September 2, 2013, previously published on August 2013In recent weeks, fast food and retail workers have gone out on one-day strikes in cities across the nation. The strikes are evidence that a new type of organization is having an increasing role in the nation's labor-management relations. "Worker centers" are often closely affiliated with...
|Survival of the Fittest: Why Do Some Franchise Systems Survive When Other Fail?|
Corby Cochran Anderson, Ted P. Pearce; Nexsen Pruet, LLC;
August 29, 2013, previously published on August 2013What had 28 flavors, nearly 1,000 locations, and a ubiquitous orange roof? If you answered Howard Johnson's Restaurants, then you are one of a dwindling number of people who can still appreciate the power that brand once had. At one time, Howard Johnson's was the largest restaurant chain in the...
|Minnesota High Court Rules Tips are Wages under State Law|
Jackson Lewis P.C.;
August 28, 2013, previously published on August 23, 2013Employers who require restaurant employees to pay for cash register shortages, customer walkouts and unsigned credit card receipts from their gratuities violate Section 181.79 of Minnesota Statutes on “unlawful deductions,” the Minnesota Supreme Court has held. Karl, et al. v. Uptown...
|Defendant to Prove Consent Unless Plaintiff Pleads Himself Out of Court by Admitting Consent|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
August 28, 2013, previously published on August 26, 2013After receiving a text on his cell phone offering him a free cruise, an Illinois man was disappointed to discover that the offered cruise was not really free. He sued the cruise company in federal court, alleging violations of the federal Telephone Consumer Protection Act and state consumer...
|Vietnamese Still Not Permitted to Enter Gambling Centres|
Quynh-Anh Lam, Nguyet Thi Nguyen, Thao Nguyen; Mayer Brown JSM Vietnam Limited;
August 28, 2013, previously published on August 22, 2013Under the recently promulgated decree 86/2013/ND-CP on management of electronic gaming with prizes (Decree 86), the Vietnam government maintains its position that Vietnamese shall not be allowed to enter electronic gaming with prizes centres (Electronic Game Centres).
|California Court Holds that Employer May be Liable for Acts of Drunken Employee After Attending Company Party|
Wendy L. Tucker; Procopio, Cory, Hargreaves & Savitch LLP;
August 26, 2013, previously published on August 21, 2013In a disheartening decision for California employers, a California Court of Appeal recently held that an employer who provides alcohol at company parties or events may be liable for its employees’ actions until they sober up.
|Second Circuit Enforces Collective/Class Action Waiver and Upholds Mandatory Arbitration Agreements|
Evan B. Citron, Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 23, 2013, previously published on August 19, 2013A recent decision by the Second Circuit Court of Appeals marks a significant victory for employers. Sutherland v. Ernst & Young LLP, which the Second Circuit Court of Appeals decided on August 9, fortifies an employer’s ability to use individual arbitration agreements to avoid wage and...