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January 2010 • Vol V, Issue 1

In this Issue:

Register Now for the 2010 Hospitality Law Conference
The New Massachusetts Privacy Law: The First Law You May Violate in 2010
Legionnaires’ Disease – Nothing Ironic At All
Why an Employer Should Have an Immigration Policy
The Year In Labor & Employment Law, from A to Z
New Feature: Funny Side of Life

The 2010 Hospitality Law Conference - Focusing on Worldwide Legal, Safety, & Security Solutions
February 3-5, 2010
Omni Hotel in Houston, Texas

Don't miss the only conference devoted exclusively to legal, safety and security issues impacting the hotel, restaurant, and travel industries. Click here for the complete agenda.

David Denney, with the Law Offices of David T. Denney, P.C., has said, "The information presented and relationships developed at the conference benefit my practice all year long. I make a special effort to attend each year to refill my bank of resources and renew my contact with other industry professionals."

The conference features a dedicated Information Protection and Privacy, including Payment Card Industry Data Security Standards, Workshop:

From the Back of the Line to Headline;
Chris Zoladz, Navigate
Where PCI Responsibilities End and Start with a Brand, Owner, and Franchisee;
Mike Dickersbach, Thayer Lodging
Jeff Parker, Magnolia Hotels
Now That You Scared Me - What Steps Can I Take To Reduce PCI Risks?;
Charles Hoff, Law Offices of Charles Hoff
Kal Nusair, University of Central Florida
Raising the Bar for PCI;
Andy Barker, Singular Logic
Joseph Beckman, Hellmuth & Johnson, PLLC
Forensic Investigations – Lessons Learned in Managing a Data Breach; and
Kennet Westby, Coalfire Systems
Future of Payment Card Security and the PCI Standards.
Troy Leach, PCI Security Standards Council

Attendees will also be interested in the “Information Protection & Privacy: The New High Stakes Game” and the “Critical Issues in Payment Card/Merchant Relations” general sessions on Thursday, February 4.

Attend the Wine Tasting & Product Showcase on Thursday, February 4, and enter for a chance to win $1000.00. Stay until the end of the conference and enter a drawing for a chance to win $500.00.

The New Massachusetts Privacy Law: The First Law You May Violate in 2010
by Chris Zoladz, Navigate LLC

After several delays and clarifications, on March 1, 2010 Massachusetts General Law Chapter 93H and the accompanying regulation, goes into effect and will place unprecedented information security requirements on many companies that own, license, store or maintain paper or electronic personal information concerning any Massachusetts resident.

Unlike the current data breach laws, which are focused on actions that need to be taken after there is a data breach, this law includes numerous prescriptive proactive measures intended to protect personal information of residents of Massachusetts from breaches.

More specifically, as stated in the regulation, “this regulation establishes minimum standards to be met in connection with the safeguarding of personal information contained in both paper and electronic records. The objectives of this regulation are to insure the security and confidentiality of customer information in a manner fully consistent with industry standards; protect against anticipated threats or hazards to the security or integrity of such information; and protect against unauthorized access to or use of such information that may result in substantial harm or inconvenience to any consumer.”

Looking for more information on Data Privacy & PCI Compliance? Read our December PCI Newsletter.

Hotel Law Operations - Legionella

Legionnaires’ Disease – Nothing Ironic At All
By Tim Keane, Legionella Risk Management, Inc.

Dr. Vincent Conte of the Miami-Dade County Health Department said about the EPIC hotel Legionnaires’ disease outbreak, “What's ironic is the hotel installed a special filtration system to enhance the quality of their drinking water”. Too many Legionnaires’ disease outbreaks are caused by similar “ironic” scenarios. The 2006 International Plumbing code codified by the State of Florida and many other states as an example, requires hot water temperatures in buildings be maintained at a level that dramatically increases the risk for Legionnaires’ disease. Many well intentioned codes, from EPA regulations to plumbing codes are making Legionella in building water plumbing systems more likely to cause disease and more difficult to control.

Immigration

Why an Employer Should Have an Immigration Policy
by Jerome Grzeca, Grzeca Law Group
Member of the Global Alliance of Hospitality Attorneys

The hotel industry is inextricably tied to a workforce comprised of people from all over the globe. Given the array of nationalities of employees, it is likely that some of these individuals may not be U.S. citizens or permanent residents.

The following are some common issues and questions that are often addressed in a company-wide immigration policy:

If and when an employer would consider initiating a permanent residence case on an employee's behalf;

Who would be responsible for payment of fees and expenses required in a given case;

Costs that will be passed on to the employee in each type of immigration matter;

Fees and expenses associated with the employee's family's status in the U.S.; and,

Repayment expectations for any immigration fees and expenses when an employee quits or is terminated (i.e. will the employee be required to sign a reimbursement agreement as a condition of the employer initiating a permanent residence case?).

Labor & Employment Resources

The Year In Labor & Employment Law, from A to Z
by Fisher & Phillips

A
The American Recovery and Reinvestment Act, or ARRA, was a comprehensive piece of legislation designed to stimulate the economy during our "Great Recession." For employers, the most significant aspect of the new law involved the continuation of health care coverage through COBRA for those involuntarily terminated since September 1, 2008,