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Do you think there should be a uniform innkeeper statute? The innkeeper statute limits the innkeeper's liability for loss or theft of a guest's property. Currently, the statute varies across all 50 states.
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May 2010 • Vol V, Issue 3
In this Issue:
- Healthcare Reform: Here's What You Need to Know for 2011
- Immigration 101
- Food & Beverage - Ninth Circuit Tip Pooling Decision
- Labor & Employment - Illusory Contracts
- HospitalityLawyer.com Resources
- Job Postings
- 2011 Hospitality Law Conference - Submit Presentation Proposal
- Funny Side of Life
Healthcare Reform: Here's What You Need To Know For 2011
by Fisher & Phillips
There's a lot of information about the new health care reform acts on the Internet and in the news – much of it vague, some of it incorrect, and most of it overwhelming. The acts are very complex, of course, which is reflected in the reports. While several of the changes will be effective in 2011, most of the changes in the law won't take effect until 2014. The provisions with delayed effective dates will be clarified in future regulations and some of the provisions may be changed or repealed before they become effective. We'll report on those aspects of the law in future legal alerts. For now, here's what you need to know.
The new law applies fewer requirements to employer-sponsored health plans that were in existence on March 23, 2010 ("grandfathered plans") than it does to new health plans. Most of you reading this probably have grandfathered plans, so this Alert focuses on the changes that will soon have an impact on your health plan. Most of the changes described below apply to the plan year that begins on or after September 23, 2010 – six months after the date of enactment of the new law. If you maintain a calendar year plan, the changes become effective January 1, 2011. If your health plan year begins in October, November or December, the new rules apply to your plan year beginning in 2010.
Immigration 101
by Jerome Grzeca, Grzeca Law Group
Member of the Global Alliance of Hospitality Attorneys
Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top five visa types utilized by the hospitality industry are the J-1, H-3, L-1, TN and H-1B. This article is a brief outline of each of these visa types.
Ninth Circuit Approves Certain Tip Pooling Arrangements
by Jean Back, Schwabe, Williamson & Wyatt
Member of the Global Alliance of Hospitality Attorneys
The Ninth Circuit has issued a new decision that affects employers with employees who receive tips as part of their compensation. In Cumbie v. Woody Woo, Inc., the Ninth Circuit held that an employer could require servers to pool tips to share with non-tipped kitchen and other “back of the house staff” as long as the servers were also paid minimum wage
Unilateral Contracts & Future Payment Promises To At-Will Employees:
Vanegas v. American Energy Services Adds Clarity to "Illusory Contracts"
by Shain Khoshbin, Clouse Dunn Khoshbin LLP
Member of the Global Alliance of Hospitality Attorneys
Is a “promise made always a promise kept”? As with many matters in the law, it depends. The state and federal reporters are replete with cases interpreting contracts, and the enforceability of both oral and written promises. Nevertheless, in Vanegas, the Texas Supreme Court did reject a company’s argument that a promise to pay its at-will employees 5% of the proceeds of a company sale or merger in the future is necessarily “illusory” - - because the company could terminate the employees at any time. The Court held that AES’s oral promise to pay certain at-will employees this amount was a unilateral contract under Texas law, which became enforceable upon those employees’ full performance. This article will examine the recent Vanegas opinion, as well as how certain courts have addressed this issue interpreting various other states’ laws.
HospitalityLawyer.com Resources
Webinars
HospitalityLawyer.com offers legal, safety and security webinars for the industry. Upcoming webinars include:
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May 26, Utilizing Social Media to Legally Market Beverages Containing Alcohol, presented by Elizabeth DeConti, Gray Robinson, and Wendy Meadley, Social Wendy Group
The webinar will begin at 3:00 CST. Most webinars are only $59.00, and the first 5 registrants only pay $39.00! To register for the above webinar, please click here.
To visit our library of on-demand webinars, please click here.
Solutions Store
HospitalityLawyer.com has also updated the Innkeeper Statutes documents in the Solutions Store. Purchase the web links to all state innkeeper statutes, including the District of Columbia for only $49.00, or purchase the web links plus the text of all the state statutes for only $99.00.
HospitalityLawyer.com has added a Job Postings section to the website. Information is available for those looking for a job, as well as those looking for an employee. Below are a few of the highlighted postings:
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David Zippin, former General Counsel for Vantage Hospitality Group, is looking for employment in Orlando. He has experience in franchising, intellectual property, corporate, real estate, and commercial litigation.
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Landry's is looking for a Director of Loyalty Marketing and for an Employee Relations Representative.
To post a position, please contact Diana Singson.
Save the Date for the 2011 Hospitality Law Conference
The 2011 Hospitality Law Conference is scheduled for February 9-11, 2011, in Houston, Texas. Mark your calendars to not miss this one-of-a-kind conference!
Interested in presenting at the conference? Please download the "Invitation to Submit a Presentation Proposal" and submit to Diana Singson by June 11.
Submitted by Stephen Barth of HospitalityLawyer.com:
"Lawyer: An individual whose primary role is to protect clients from other members of the profession"
Have a story to share? Please send to Diana Singson.
HospitalityLawyer.com
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77227
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