Hospitality Archives - Ogletree Deakins

New York City Says Goodbye to At-Will Employment for the Fast Food Industry

On January 5, 2021, New York City Mayor Bill de Blasio signed legislation that effectively ends at-will employment for fast food employees in New York City. The new law takes effect on July 4, 2021, and would make New York City the nation’s first jurisdiction to create job protections for a particular industry. However, at least some portions of the new law may be ripe to challenge on federal preemption and other grounds.

Aaron Warshaw New York Author

Jamie Haar New York Author

Jessica R. Schild New York Author

Ontario Government Passes Regulation to Create Flexibility in the Hospitality, Tourism and Trade Show Industries

On December 17, 2020, the government of the Province of Ontario enacted Regulation 764/20, which will permit unions and employers in the hospitality, tourism, and trade show industries to negotiate for greater flexibility in the application of termination pay, severance, recall rights and other related matters under the Employment Standards Act, 2000 (ESA).

Michael Comartin Toronto Author

Stephen Shore Toronto Author

North Dakota Issues Orders Aimed at Mitigating Spread of COVID-19

On November 13, 2020, the State of North Dakota implemented several mitigation strategies to reduce the spread of COVID-19. First, North Dakota interim State Health Officer Dirk Wilke issued State Health Officer Order No. 2020-08. Second, Governor Doug Burgum issued Executive Order 2020-43.

Colin H. Hargreaves Minneapolis Author

Governor Walz ‘Dials Back’ Minnesota’s Phased Reopening Due to Resurgence of COVID-19

On November 18, 2020, Minnesota Governor Tim Walz dialed back Minnesota’s phased reopening and ongoing loosening of COVID-19–related restrictions by issuing Emergency Executive Order (EO) 20-99, “Implementing a Four Week Dial Back on Certain Activities to Slow the Spread of COVID-19.”

Colin H. Hargreaves Minneapolis Author

Ontario Tightens COVID-19 Restrictions in ‘Hotspot’ Regions for at Least 28 Days

On October 9, 2020, the Government of Ontario announced additional restrictions on and closures of public gatherings, specific businesses, and indoor food and drink service, in an effort to limit the spread of COVID-19. These restrictions are currently applicable within the “hotspots” of the “Ottawa, Peel, and Toronto public health unit regions.”

Michael Comartin Toronto Author

Christina S. Persad Toronto Author

Florida Enters Phase 3, Reopens Bars and Restaurants

On September 25, 2020, Governor Ron DeSantis announced Florida’s entry into Phase 3 of its coronavirus pandemic reopening plan and issued Executive Order 20-244.

Sarah Smith Kuehnel Tampa
St. Louis Author

COVID-19 Orders Upon Orders—What Does It All Mean for St. Louis County Businesses?

Since March 2020, St. Louis County Executive Dr. Sam Page, and the county’s acting director of the Department of Public Health (DPH), Dr. Emily Doucette, have issued more than 20 orders and “safe operating guidelines” regarding COVID-19. On July 29, 2020, with an effective date of July 31, 2020, the DPH issued its third amended public health order setting forth its current “Business and Individual Guidelines for Social Distancing and Re-Opening.” In some respects, this third amended order is a significant step backwards toward stricter requirements compared with the county’s original reopening guidelines.

Sean J. Oliveira St. Louis Author

Burton D. Garland, Jr. St. Louis Author

20 Tips for U.S. Virgin Islands Employers in 2020: Updated COVID-19 Guidance for Restaurants, Bars, and Nightclubs; Travel Requirements; and Reinstatement of Plant Closing Act

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part seven of this series addresses several provisions of U.S. Virgin Islands Governor Albert Bryan, Jr.’s July 1, 2020, ninth supplemental executive order extending the state of emergency due to COVID-19 that he initially declared on March 13, 2020.

Simone R.D. Francis St. Thomas
New York Author

Florida Restricts Sale of Alcohol Due to Surge in COVID-19 Cases Among Young Adults

On June 26, 2020, the Florida Department of Business and Professional Regulation (DBPR) issued Emergency Order 2020-09 suspending the sale of alcoholic beverages for on-premises consumption at all businesses that “derive more than 50 [percent] of gross revenue from such sales.” The DBPR issued the order due in part to a spike in the number of individuals who have tested positive for COVID-19 in June 2020, especially among younger people who may have been visiting bars, pubs, and nightclubs where alcohol is served and such establishments failing to comply with orders on occupancy restrictions.

Eliza N. Horne Tampa Author

Maja A. Hartzell Tampa Author

Delaware Issues Guidance for Employers as State Enters Phase 2 of Reopening Plan

Beginning on June 15, 2020, at 8:00 a.m., Delaware will move into the second phase of its three-phase reopening plan following the recent lifting of the state’s stay-at-home order. In Phase 2, retail establishments, restaurants, and other businesses that were previously permitted to reopen at 30 percent of fire occupancy requirements will be allowed to expand to 60 percent of the fire occupancy limits for their premises.

Dean J. Shauger Philadelphia Author

Daniel P. O’Meara Philadelphia Author

20 Tips for U.S. Virgin Islands Employers in 2020: COVID-19 Guidance for Restaurants, Bars and Nightclubs

Simone R.D. Francis St. Thomas
New York Author

Sofia L. Mitchell St. Thomas Author

Oregon’s Minimum Wage to Increase on July 1, 2020: How Employers Can Prepare for New Payment Obligations During a Pandemic

Oregon employers feeling the financial strain of economic disruptions caused by the COVID-19 pandemic are bracing themselves for another impact. On July 1, 2020, Oregon’s minimum wage increase will take effect.

Paul E. Cirner Portland (OR) Author

Reopening Texas: Governor Abbott Issues Phase II Executive Order

On May 18, 2020, Governor Greg Abbott issued Executive Order GA-23 as part of his three-phase plan to reopen the economy in Texas. The three-phase plan is outlined in a report entitled “Texans Helping Texans: The Governor’s Report to Open Texas.” Executive Order GA-23 is Phase II of the plan and follows Executive Order GA-18 (issued April 27, 2020) and Executive Order GA-21 (issued May 5, 2020). Executive Order GA-23 “continu[es] through June 3, 2020, subject to extension based on the status of COVID-19 in Texas and the recommendations of the Governor’s Strike Force to Open Texas, the White House Coronavirus Task Force and the [U.S. Centers for Disease Control and Prevention] CDC.”

Tiffany Cox Stacy San Antonio Author

Maine Moves Toward Fully Reopening After Statewide COVID-19 Closures

Despite recently extending a state of emergency due to COVID-19 through June 11, 2020, Maine Governor Janet Mills gave the green light for more businesses to open in all counties on June 1, 2020, as part of the second stage of the governor’s Restarting Maine’s Economy plan.

Steven Silver Portland (ME) Author

Cal/OSHA Issues COVID-19 Related Guidance for Dine-In Restaurants

On May 12, 2020, the California Division of Occupational Safety and Health (DOSH) (better known as Cal/OSHA) issued its COVID-19 Industry Guidance: Dine-In Restaurants, which provides detailed guidance to dine-in restaurants, brewpubs, craft distilleries, breweries, bars, pubs, and wineries that provide sit-down meals on how to support safe and clean work environments for employees and customers.

Carmen M. Aguado Los Angeles Author

Robert R. Roginson Los Angeles Author

Illinois Department of Human Rights Releases Its Model Sexual Harassment Prevention Training

It is now easier for employers to comply with the recent amendment to the Illinois Human Rights Act (IHRA) requiring employers to provide sexual harassment prevention training to employees by December 31, 2020 (and annually thereafter).

Katherine A. Manuel Chicago Author

Melissa A. Ortega Chicago Author

Florida Restaurant and Lodging Association Releases Reopening Guidance for Restaurants and Hotels

On April 27, 2020, the Florida Restaurant and Lodging Association (FRLA) released its Critical COVID-19 Guidance Standards for Hospitality Reopening. The FRLA, with input from its restaurant subject matter expert team, developed the guidance in order to safely and expediently reopen restaurants to combat the devastating impacts of the COVID-19 pandemic.

Josh C. Harrison Birmingham Author

Sarah Smith Kuehnel Tampa
St. Louis Author

M. Tae Phillips Birmingham Author

Georgia Governor Issues Executive Order Allowing Businesses to Reopen

On April 2, 2020, Georgia Governor Brian Kemp issued Executive Order No. 04.03.20.01 ordering all Georgia citizens to stay at home, unless they are (1) conducting or participating in “Essential Services;” (2) performing “Necessary Travel;” (3) engaged in the performance of or travel to and from the performance of “Minimum Basic Operations” for a business not classified as “Critical Infrastructure;” or (4) actively engaged in the performance of, or travel to and from, employment for a business classified as “Critical Infrastructure.”

Luke Donohue Atlanta Author

Federal Judge Dismisses Two Braille Gift Card Cases in First Decisions to Tackle Novel Issue

In handing down the first decisions of their kind, a federal district court in New York rejected two plaintiffs’ claims that retailers, restaurants, and other places of public accommodation were required to offer Braille gift cards to visually impaired customers. Although the court gave the plaintiffs leave to amend their complaints, the reasoning of the decisions soundly rejected the theories advanced by a group of plaintiffs and their lawyers in 249 nearly identical cases filed in the fall of 2019.

David Raizman Los Angeles Author

Small Business Task Force Proposes Initial Plans to ‘Reopen Alabama Responsibly’

On April 17, 2020, the Alabama Small Business Commission Emergency Task Force and the Subcommittee to Reopen the Economy released “Reopen Alabama Responsibly,” a detailed report and series of recommendations on resuming business operations during the next stage of the fight against the coronavirus and COVID-19 pandemic.

Sierra J. Gray Birmingham Author

David Carl Williams Jr. Birmingham Author

The Philadelphia Fair Workweek Ordinance: What Retail and Hospitality Employers Need to Know

We first wrote about Philadelphia’s Fair Workweek Employment Standards Ordinance shortly after it was signed into law on December 20, 2018. Now, with the Mayor’s Office of Labor having issued final regulations on February 3, 2020, and the ordinance having taken effect on April 1, 2020, we offer a brief overview of the ordinance along with additional information for retailers as they implement procedures to comply with the ordinance’s provisions. Enforcement of some aspects of the ordinance, such as its good-faith estimates requirement, will not go into effect until July 1, 2020.

Donald D. Gamburg Philadelphia Author

Vik C. Jaitly Philadelphia Author

California Governor Newsom Calls for Senior and At Risk Californians to Self-Isolate and Directs Business Closures

In an effort to increase social distancing in response to the ongoing COVID-19 pandemic, on March 15, 2020, California Governor Gavin Newsom held a news conference in which he issued an executive order calling for the home isolation of all individuals who are 65 and older, as well as individuals with chronic health conditions.

Linda Claxton Los Angeles Author

Keeping Up With New Jersey Employment Law Developments

It was a busy January 2020 in Trenton, with the state enacting several new employment laws, with more apparently on the way. This is in addition to the slew of new laws adopted in 2019 impacting New Jersey employers. Here’s a summary of recent employment law developments in New Jersey just one month into 2020, a look at what may be on the way, and a recap of 2019’s changes.

Mark Diana Morristown Author

The Who, What, and When on Illinois’s Mandatory Sexual Harassment Prevention Training

Now a little more than one month into the new year, Illinois employers are under pressure to comply with several new laws increasing protections against discrimination and harassment. Among them, amendments to the Illinois Human Rights Act require employers to provide sexual harassment prevention training before December 31, 2020, and each calendar year after that. New guidance published January 31, 2020, by the Illinois Department of Human Rights (IDHR) clarifies key aspects of the new law.

Colleen G. DeRosa Chicago Author

Melissa A. Ortega Chicago Author

NLRB Restores Employers’ Right to Restrict Employees’ Personal Use of Company Email and Other IT Resources

In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board ruled that employees do not have a statutory right under the National Labor Relations Act to use their employer’s email system or other information technology (IT) resources for Section 7 purposes, such as union organizing.

John T. Merrell Greenville Author

Common Neutrality Agreement Provisions Between Union and Hotel May Violate the NLRA

On November 20, 2019, the National Labor Relations Board’s (NLRB) Office of the General Counsel granted an appeal filed by the National Right to Work Legal Defense Foundation (NRTWLDF) on behalf of a hotel housekeeper in Seattle finding that a neutrality agreement arguably violated the National Labor Relations Act (NLRA) and that the hotel’s recognition of the union pursuant to that agreement was unlawful.

Charles E. Engeman St. Thomas Author

DOL Wades Deeper Into the Tip Pool: Announces New Proposed Rules

On April 6, 2018, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2018-3 in an effort to clarify the tip pooling amendments in the Fair Labor Standards Act (FLSA).

James T. McBride Dallas Author

Is Next-Day Pay the Next Big Thing?

Among the hardest-to-find workers in America today are restaurant and retail workers. The current labor market is the tightest in 49 years, and for the past year, there have been roughly a million more open positions in the United States than people looking for work. The hospitality sector always has faced recruitment challenges, but the recently shrinking applicant pool has forced employers to look for creative ways to lure workers to jobs in the food service and retail industries.

Karen M. Morinelli Tampa Author

Lara J. Peppard Tampa Author

California Court of Appeal Identifies Triggers for Reporting Time Pay Obligation

In a ruling that will have a significant impact on the retail and restaurant industries, among others in California, the California Court of Appeal ruled that a retail employer’s call-in scheduling policy—in which employees were required to call the employer in advance of a shift to find out if they needed to show up for

Jennifer L. Katz Los Angeles Author

Jill L. Schubert Sacramento Author

Massachusetts’s New Requirements for Calculating Tipped Employees’ Wages

In June 2018, Massachusetts Governor Charlie Baker signed into law An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday.

Francesco A. DeLuca Boston Author

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