Pacific Landmark Hotel, Ltd. v. Marriott Hotels, Inc. (Series 2)
Government Guarantee Fund of the Republic of Finland v. Hyatt Corporation (Series 2)
Pacific Landmark Hotel, Ltd. v. Marriott Hotels, Inc. is unique in tPhat the management agreement specifically stated that Marriott’s agency was “coupled with an interest and may not be terminated by owner until the expiration of the term of the agreements.” The stated term of the management agreement was sixty years. At about the same time that the management agreements were put in place, the owners of the hotel secured loans with several of Marriott’s subsidiaries totaling approximately $23 million. The lenders secured these loans by deeds of trust and collateral assignments of the management agreements. In effect, the security for these loan transactions may have created an “interest in the hotels,” thereby preventing termination of the management agreements.
Earlier this year, the Department of Labor issued new regulations that require employers to provide specific information to employees as a condition for the employer to take advantage of the tip credit. Failure to comply with these notice requirements could result in an employer being liable for paying the full minimum wage for the employees in question. While not expressly required under the law, a written notice, with a signed acknowledgment by the employee, is the best way to avoid subsequent claims of lack of notice. Employers should check to be sure they are in compliance under the new regulations.
Hotel Lawyer: Are you thinking about negotiating a new hotel management agreement? Here are 10 things to consider about making your process smoother and more successful.
The US Depapartment of Labor has increased their budget and the number of compliance officers to target small businesses who have individuals classified as contractors v. employees.
It seems great to not pay the taxes and the benefits and all of the headaches of having employees but it is a risk because it is illegal. This article includes a checklist from Gary Wheeler, President and CEO of the Virtual HR Director, LLC to see if you are compliant
More than ever, employers are facing serious claims from disgruntled workers. This two-part series discusses the top four tips for employers to avoid claims from unhappy workers:
In Part 1 of this article, Atlanta attorney Bert Brannen explained some of the important points to keep in mind when writing an employee handbook. In this conclusion, he covers ten of the most important policies that should be included.
May, 7, 2011 - Under a U.S. Department of Labor rule, which went into effect May 5, 2011, employers must comply with specific procedures if they seek to claim a tip credit for wages paid to employees who receive tips in addition to a cash wage. Every employee for whom a tip credit is applied as part of his or her wages, must be notified in certain formats as noted in the full article.
Your Responsibilities when Serving Food and Beverages to Guests and Paws
By Meg McDonough
Class action lawsuits - device where multiple plaintiffs can join and engage in much more cost effective of mass tort litigation - can be very damaging to business as number of plaintiffs as size of awards which result from class action lawsuits.
