U.S. National Law Library - Hotel Law - Labor & Employment
Fisher & Phillips LLP
Michael Mitchell
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Fisher & Phillips LLP is one of the largest law firms in the country representing hospitality management in the areas of labor, employment, civil rights, employee benefits and immigration law. This has been our focus since our founding in 1943. This concentration has allowed us to develop and maintain a depth and breadth of expertise that is hard to rival. You benefit from our experience and expertise as we provide efficient and practical solutions to your labor and employment law problems.
National Hotel Law Library on Labor & Employment:
- The HIRE Act: Who, What & How (May 2010) - In an effort to reduce the nation's unemployment rate and spur job creation, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act into law on March 18 of this year. Under the HIRE Act, also commonly referred to as the "jobs bill," employers may qualify for tax benefits by hiring workers who were previously unemployed or working only part-time, and for retaining those employees.
- Healthcare Reform: Here's What You Need To Know For 2011 (April 2010) - 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with delayed effective dates will be clarified in future regulations and some of the provisions may be changed or repealed before they become effective.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.
- Staying Out Of The EEOC's Line Of Fire (March 2010) - The last place you want to see your company listed is on the EEOC's website under "Press Releases." Hospitality employers continue to make this list with reports of high-dollar settlements of discrimination and harassment allegations. Recent high-profile cases listed on the EEOC website include a $19 million settlement of a class-action case against Outback Steakhouse; a $1.26 million settlement of a case against a Bahama Breeze restaurant in Ohio; and a $500,000 settlement of two cases against Landwin Management, Inc., a hotel operator in California.
- The Feds are in the Lobby: And They Want to Review Your H-1B Records (February 2010) - The number of H-1B audits will continue to rise in 2010, so H-1B employers should be prepared for unannounced site visits from U.S. Citizenship and Immigration Services (USCIS) to confirm the information submitted in H-1B filings. The USCIS Office of Fraud Detection and National Security (FDNS) has recently commenced an audit of the H-1B program.
- The 2009 Year in Labor & Employment Law, from A to Z (January 2010)
- A Flu Update: Proactive Employer Preparations in Advance of a Potential Pandemic: A Checklist to Guide Your Actions - The article includes a Pandemic Response Checklist.
- Drafting A Social-Media Policy That Protects Your Business - Companies should take steps to ensure that their employees are properly using social networking sites as they relate to the company. A properly drafted and comprehensive social-media policy can help a company mange the potential risk.
- Employment Practices Checklist - This checklist will hopefully serve as a reminder of the many things to consider, and to determine the preventive actions you may need to take.
Fisher & Phillips also offers the following Practice Guides, which provide clear, non-technical explanations of national labor and employment laws:
- ADEA - This booklet first explains the basic principles of the Age Discrimination in Employment Act. It then discusses specific types of age discrimination and what type of related conduct falls outside of illegal age discrimination. Next, the booklet addresses retaliation restrictions, age harassment and the legality of reverse age discrimination. It then explores several special considerations and unique situations under the ADEA.
- ADA Title I - This booklet, covering only Title I of the Americas with Disabilities Act, is intended to provide an overview of the components of the employment aspects of this complex law. While an in-depth treatment is not possible within this space, it is hoped that busy executives and human resource professionals will find this a quick source of preliminary information.
- ADA Title III - This booklet provides an overview of the requirements imposed on private entities to comply with the Americans with Disabilities Act. While in-depth coverage of Title III is not possible within this limited space, our goal is to provide a quick source of preliminary information for busy executives.
- Business Immigration - This booklet provides an overview of the various types of temporary employment visa categories currently available and also describes the various types of employment and family-based permanent resident options and processes.
- Consildated Omnibus Budget Reconciliation Act (COBRA) - This booklet provides an overview of COBRA requirements imposed on group health plan sponsors, plan administrators and qualified beneficiaries. While an in-depth analysis of the many details of COBRA compliance is not possible in this brief format, this booklet can serve as a quick source of primary information for busy executives and human resource professionals.
- Employment Discrimination - This booklet – outlining key provisions of the major discrimination statutes – is intended to provide busy executives and human resource professionals preliminary information on the subject of employment discrimination. Although not intended as a substitute for legal advice, this booklet provides practical assistance interpreting, recognizing, and resolving claims of employment discrimination.
- FLSA Exemptions & Recordkeeping - This Guide provides a clear explanation, in non-technical language, of the principal Fair Labor Standards Act exemptions as well as enforcement, recordkeeping requirements and compliance.
- FLSA Wage and Hour Provisions - This Guide covers the basics of the Fair Labor Standards Act, dealing mainly with defining “hours worked,” with the proper payment of the minimum wage and overtime, and child labor.
- FMLA - This Guide covers who is entitled to benefits under the Family Medical & Leave Act, circumstances triggering the leave requirement, employee notice obligations, processing a request for leave, rights and obligations during FMLA leave, and notice, posting, and recordkeeping requirements.
- Health Insurance Portability and Accountability Act of 1996 (HIPAA) - This booklet focuses on these regulations and the steps that employers, their group health plans, plan insurers, and business associates should take to comply with HIPAA’s Privacy and Security requirements.
- NLRA Union Organizing - This booklet is designed to acquaint senior managers and human resources executives with the basic principles under which unions can acquire (and lose) the right to represent your employees under the National Labor Relations Act.
- NLRA Unfair Labor Practices - This booklet briefly explains what rights are provided by the National Labor Relations Act, reviews some basic facts about the collective bargaining process, and illustrates the sorts of conduct which are forbidden or permitted under the NLRA.
- Occupational Safety and Health Act (OSHA) - This booklet provides readers with general knowledge about the scope of the regulations and the potential liability for non-compliance.
- Sexual Harassment - This booklet outlines the basic law pertaining to sexual harassment and provides practical advice to help prevent, recognize, and resolve claims of harassment.
- USERRA - This Guide covers the Uniformed Services Employment and Reemployment Rights Act and provides practical information for employers.
- WARN - This Guide provides an overview of the requirements of the Worker Readjustment and Retraining Notification Act.
Fisher & Phillips also offers a Hospitality Update addressing special interests of the industry.
Ours is a national practice with our attorneys practicing before state and federal courts and administrative agencies in virtually every state. We have offices across the country and continue to expand.
The number and scope of laws regulating the employment arena has grown tremendously in the past few decades. While some areas of labor and employment law are governed exclusively by federal law, others see employers covered by supplemental (or overlapping) state laws, while a handful are exclusively state or even of local concern. In general, federal law serves to establish the threshold of what an employer absolutely must do and to what employees are entitled in various situations. State law may still govern if it either establishes a higher, stricter standard for employers than federal law, or applies to a class of employers not covered under federal law. This means that where both state and federal law apply state regulations must offer either the same or greater protections to employees than federal law.
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