Hospitality Law

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Hospitality Law

• Deceased Guests
• Employment

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Announcements

• Week of April 29th- Opportunity!
• Midterm Exams
• Midterm Papers
• Bonus

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Deceased Guests

• Procedures for when a Guest Dies
•        attending physician makes report and
  arranges removal of body
•        otherwise, operation asks health or law
  authorities to do so
•         hotel gives proper notice to authorities
•         if unnatural causes, contact police 
• Disposing of Property
•         appropriate authorities approve removal
  of property
•         must protect against theft
•         seal off room
•         all property into safekeeping (secure
  property in safe)
•         written inventory of property
•         property delivered to proper person
  (bailment) 
•         surrogate court certificate
•         receipt
•         tax waiver (pay estate tax)
• Public Administrator of County
•         notification within 12 hours
•         action may or may not be taken based
  upon jurisdiction 
• Medical Examiner

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• Legally Selecting Employees

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Legally Selecting Employees

• Employee Selection
• Discrimination In The Selection Process
• Verification Of Eligibility To Work
• The Employment Relationship

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Employee Selection

• Job Descriptions
• Job Qualifications
• Bona Fide Occupational Qualifications (BFOQ)
• Applicant Screening
• Applications
• Interviews
• Pre-employment Testing
• Background Checks
• References
• Placing Classified Advertisements

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Employee Selection

• Legalese
• Job Description - A written, itemized listing of
  a specific jobs basic responsibilities and
  reporting relationships.
• Job Qualifications - The knowledge or skill(s)
  required to perform the responsibilities and
  tasks listed in a job description.
• Bona Fide Occupational Qualification (BFOQ) - A
  job qualification, established in good faith and
  fairness, that is necessary in order to safely or
  adequately perform the job.

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Bona Fide Occupational Qualification

• Physical attributes necessary to complete the
  duties of the job
• Education
• Certifications
• Registrations
• Licensing
• Language Skills
• Knowledge of equipment operation
• Previous experience
• Minimum age requirements

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Employee Selection

• Legalese
• Negligent Hiring - Failure on the part of an
  employer to exercise reasonable care in the
  selection of employees.
• Defamation - False statements that cause someone
  to be held in contempt,lowered in the estimation
  of the community, or to lose employment status or
  earnings or otherwise suffer a damaged
  reputation.

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Discrimination in the Selection Process

• Civil Rights Act of 1964, Title VII
• Americans with Disabilities Act
• Age Discrimination in Employment Act

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Discrimination in the Selection Process

• Legalese
• Interstate Commerce - Commercial trading or the
  transportation of persons or property between or
  among states.
• Affirmative Action - A federally mandated
  requirement that employers who meet certain
  criteria must actively seek to fairly employ
  recognized classes of workers. (Some state and
  local legislatures have also enacted affirmative
  action requirements.)

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Americans with Disabilities Act

• There are three different groups of individuals
  who are protected under the ADA
• An individual with a physical or mental
  impairment that substantially limits a major life
  activity. Some examples of what constitutes a
  major life activity under the act are seeing,
  hearing, talking, walking, reading, learning,
  breathing, taking care of oneself, lifting,
  sitting and standing.
• A person who has a record of a disability.
• A person who is regarded as having a disability.

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Accommodating Disabled Employees

• Can the applicant perform the essential functions
  of the job with or without reasonable
  accommodation?
• Is the necessary accommodation reasonable? Will
  this accommodation create an undue financial or
  administrative hardship on the business.
• Will this accommodation or the hiring of the
  person with the disability create a direct threat
  to the health or safety of other employees or
  guests in the workplace?

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Verification of Eligibility To Work

• Immigration Reform and Control Act (IRCA)
• Fair Labor Standards Act of 1938 (FLSA)

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The Employment Relationship

• At-Will Employment
• Labor Unions and Collective Bargaining

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The Employment Relationship

• Legalese
• At-Will Employment - An employment relationship
  where employers have a right to hire any
  employee, whenever they choose, and to dismiss an
  employee for or without cause, at any time the
  employee also has the right to work for the
  employer or not, or to terminate the relationship
  at any time.
• Employer - An individual or entity that pays
  wages or a salary in exchange for a workers
  services.
• Employee - An individual who is hired to provide
  services to an employer in exchange for wages or
  a salary.
• Collective Bargaining Agreement (CBA) - A formal
  contract between an employer and a group of
  employees that establishes the rights and
  responsibilities of both parties in their
  employment relationship.

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Break
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Employment Issues

• Legally Managing Employees
• Employment Relationships
• Workplace Discrimination And Sexual Harassment
• Compensation
• Managing Employee Performance

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Workplace Discrimination and Sexual Harassment

• Philosophy of prevention
• Managing diversity
• Employer liability

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Workplace Discrimination and Sexual Harassment

• Legalese
• Vicarious Liability - A partys responsibility
  for the acts of another which result in an
  injury, harm or damage.
• Quid Pro Quo - Latin term for, giving one thing
  in return or exchange for another.

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Sexual Harassment

• Zero Tolerance
• Investigating a Complaint
• Resolving a Complaint
• Third-Party Harassment
• Employers Liability Insurance

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Compensation

• Legalese - see handout

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Managing Employee Performance

• Legalese
• Employee Evaluation - A review of an employees
  performance, including strengths and
  shortcomings typically completed by the
  employees direct supervisor.
• Wrongful Termination - A violation, by the
  employer, of the employment relationship
  resulting in the unlawful firing of the employee.
• Progressive Discipline - An employee development
  process that provides increasingly severe
  consequences for continued violation of workplace
  rules.

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Progressive Discipline Steps

• Verbal warning.
• Documented verbal warning.
• Written warning.
• Suspension.
• Termination.

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Managing Employee Performance

• Legalese
• In-House Dispute Resolution - A program, funded
  by employers, that encourages the equitable
  settlement of an employees clam of unfair
  treatment, prior to or without resorting to
  litigation.
• Ombudsperson - A company official, appointed to
  investigate and resolve worker complaints.

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In-House Dispute Resolution

• Provides
• Fairness to employees.
• Cost-savings to employers.
• Timely resolution of complaints.

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In-House Dispute Resolution

• Features
• Development with employee input.
• Training for mediators.
• Legal assistance for employees.
• Distinct and unique chain of command for appeal.