November Hotel & Restaurant Legal, Safety, and Security Newsletter

Vol. 1 Issue 7. November 2005

OVERTIME AND NON-EXEMPT EMPLOYEES

Provided by Al Mohajerian
Mohajerian Law Corp.

How are Overtime Pay and Other Penalties Calculated?
When Does Overtime Start?
Who Is Responsible for Recordkeeping?
How Can Unauthorized Overtime Be Prevented?

California and federal law both provide for payment of overtime compensation based on a multiple of the employee’s ‘regular rate’ of pay (generally time-and-a-half) for hours above the statutory maximum (generally over 40 hours in a week under federal and state law, but also over eight hours per day under California law.
This article takes a closer look at the law, both in California and the rest of the country, and how overtime and non-exempt employees are classified.

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FAILURE TO COOPERATE ENDS DUTY TO ACCOMMODATE

Provided by Heather J. Broadwater
Krupin O'Brien, LLC

The Americans with Disabilities Act requires employers to provide reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability, who is an applicant or employee, unless such accommodation would create an undue hardship on the employer. The ADA requires the employer to work with the individual in an “interactive process” to identify or develop a reasonable accommodation that allows the individual to perform the essential functions of a job in the employer’s workplace.

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INTERNATIONAL LAW LIBRARIES

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HOSPITALITYLAWYER.COM IS PROUD TO ANNOUNCE THE RECENT ADDITION OF TWO INTERNATIONAL LAW FIRMS TO THE WEBSITE. THESE FIRMS PROVIDE EXCEPTIONAL LEGAL EXPERTISE AND KNOWLEDGE TO THE LOCAL HOSPITALITY LAWS FROM THEIR RESPECTIVE REGIONS. Australian Travel and Tourism Lawyers -- Barrie Goldsmith was admitted as a lawyer in England in 1975. Following his successful migration to Australia in 1982, he established his own law firm in 1984. Since that time, Barrie Goldsmith and his firm have continued to specialise in commercial and transactional law as well as commercial litigation. Over the years, Barrie Goldsmith and his firm have continued to act for an increasing number of clients in the travel, tourism and hospitality and related industries – hence the establishment of AUSTRALIAN TRAVEL AND TOURISM LAWYERS. AUSTRALIAN TRAVEL AND TOURISM LAWYERS is a relatively unique firm offering specialised legal services to a specialised market. Barrie Goldsmith frequently contributes articles of a legal nature to a prominent travel magazine circulating throughout Australia and is otherwise involved in a number of industry organisations. AUSTRALIAN TRAVEL AND TOURISM LAWYERS is proud to be a sponsor of the 2005 National Travel Industry Awards, a gala event within the travel industry. »Visit the Australia Library


CONSULTA JURIS – The firm has acted as legal advisors for several leading Indian and International hospitality companies, and are therefore well versed in the A to Z of the operational aspects of the industry, facilitating pragmatic and satisfying legal and business services to the clients. Thirty-one years sterling services to the International Business Community vis-à-vis legal aspects of business relations with India – that, in a nutshell, would explain the standing and utility of CONSULTA JURIS. The firm has lawyers with post graduate level training in Business Management, apart from the legal qualifications and that enables us to see the business side of legal matters. Having set up associate offices in all the important Indian cities, the firm can justifiably claim to have a truly pan Indian services mix. »Visit the India Library 2006 HOSPITALITY LAW CONFERENCE UPDATES A final Conference Schedule is now available online. Take a look at the interesting sessions that will will be presented at the 2006 conference and get information on the industry professionals that will be participating in this conference. Registration is now available: 8 Register Online with your Credit Card 7 Fax a Registration Form to 713.627.9934

SPONSOR HIGHLIGHT

GLEASON TECHNOLOGY

Gleason Technology has taken the leading role in the battle against costly slip/fall claims with the launch of GleasonESP™ (Gleason Electronic Slip/Fall Prevention Program), the industry's first electronic patented floor monitoring system. GleasonESP™ provides the hospitality industry an unrivaled solution to greatly improve slip/fall loss prevention and management. It is the most efficient, effective and affordable system ever designed to combat expensive and excessive claims settlements. Implementation of this unique program has proven capabilities to substantially reduce insurance premiums and improve bottom line costs for GleasonESP™ clients.

The GleasonESP™ floor monitoring system is one of four elements of Gleason's total loss prevention program, which also incorporates proper spill cleanup procedures, weekly/month procedures and detailed accident investigation procedures.

» Browse Gleason Technology's products in our Solutions Store

SPONSOR HIGHLIGHT

BOB JOHNSON'S SCHOOL OF BAR MANAGEMENT

Bob Johnson's School of Bar Management provides a wide variety of resources for your nightclub or bar including log books, bartender and management training, consulting services and more.

With over 44 years experience in the bar business – from owning to managing to consulting to teaching - Bob Johnson has demonstrated a fervent passion for the bar business.

These logs books are available online through HospitalityLawyer.com.

» Browse these products in our Solutions Store