No Vacancy: Duff on Hospitality Law : Northwest Attorneys & Lawyers for Hospitality, Travel & Tourism based in Seattle

As you have likely read in the past months, the National Labor Relations Board (the “Board”) recently adopted a new rule requiring almost all employers, including those with non-unionized workplaces, to post a Notice advising employees of certain rights provided to them under the National Labor Relations Act (the “Act”).  There was considerable controversy surrounding the new rule, and several postponements of the deadline for compliance.  The deadline was last extended from January 31 to April 30, 2012, and the April 30 deadline seems to be sticking.  So, if you have put the requirement out of your mind given the postponements, it is time to remember them. Information to help you comply with the posting requirement, including downloadable versions of the required Notice can be found at the Board’s site.  The Notice summarizes employees’ rights to negotiate the terms of their employment, form a union, engage in collective bargaining with their employer, strike and picket.  Legal restrictions on certain actions by employers and unions are also listed, along with an explanation of the obligation to bargain in good faith when a union has been selected by employees.

What are the posting requirements?

• The Notice may be downloaded from the Board’s website, but it must be printed to at least 11 inches x 17 inches in size.
• The Notice must be posted in conspicuous places where notices to employees are normally posted.  If employee rules and policies are customarily posted on a company’s intranet or internet site, the notice must also be posted there in full or by a link to the Board’s website where the full text of the notice is located.
• Employers must take steps to ensure the notice is not altered, defaced, or covered with other materials.
• If 20 percent of an employer’s workforce is not proficient in English, and those persons speak the same foreign language, the employer must also post the notice physically (and electronically, if applicable) in that language.  The Board has provided downloadable copies of the Notice in several languages at the above-referenced website, with more to come.

• Email This
• Print
• Comments
• Trackbacks

This week’s post comes from Hospitality Team member Mike Brunet (Employment and Litigation), as a follow-up to his January 21, 2011 post on revisions to the public accommodations sections of the Americans with Disabilities Act. Mike recently presented on these revisions to the Seattle Hotel Association, and, in this post, shares his extensive presentation on the ADA revisions, applicable deadlines, and what you should get done before March 15.

In a blog post here almost a year ago, I provided an overview of the first significant revisions to the ADA regulations since 1991. At that time, I focused primarily on the new regulations that became effective in March 2011, related to communications accessibility, service animals, and mobility devices. Hopefully you were able to implement changes to your operations and policies to address those regulations; if not, then this blog post should serve as a reminder to do so as soon as possible.

• Email This
• Print
• Comments
• Trackbacks

As many of you will recall, I dedicated two posts earlier this year to tip pooling and Oregon and Washington restaurant owners' ability to share tips with traditionally non-tipped employees - Tip Pooling in Oregon and Washington, Tip Pooling Update.  With the amount of attention that tip pooling continues to receive, I thought it time to enlist my Portland, Oregon partner, Eric A. Lindenauer, the lawyer who actually represented the Portland restaurant owner in the seminal Cumbie v. Woody Woo, Inc. decision, to provide a brief summary of the Woody Woo decision and recent developments in the ongoing tip pooling saga.

Thank you Eric for updating all of us.

The extent to which an employer can require employees to share tips with non-tipped employees remains a hot topic, especially in the federal Ninth Circuit, which encompasses Alaska, Washington, Montana, Idaho, Oregon, Nevada, California, Arizona and Hawaii.

Under the Fair Labor Standards Act (“FLSA”) where an employer claims “tip credit” toward the federal minimum wage, the employer may only require that employees pool tips with other employees who “customarily and regularly receive tips.” Assuming an employee is informed of the intent to take tip credit and other requirements are met, an employer can use an employee’s tips to offset all but $2.13 of the federal minimum wage.

• Email This
• Print
• Comments
• Trackbacks

This week's post comes courtesy of Cairncross & Hempelmann attorney, Margaret Breen and highlights changes to the Washington State and United States definition of "service animal' as it relates to required accommodations in public places, such as hotels, motels and restaurants.

Both the Washington legislature and the U.S. Department of Justice have acted recently to specify what is and is not a service animal requiring accommodation in public places and to limit abuses of the Americans with Disabilities Act by extreme animal lovers.

• Email This
• Print
• Comments
• Trackbacks

This week, Employment Law partner & Hospitality team member, Diana Shukis, breaks down the effects of Seattle’s recently enacted “Sick Leave” requirement. On September 12, 2011 the Seattle City Council approved an ordinance that requires businesses with five or more employees to provide paid leave for employees when they or their family members are ill or a victim of domestic violence. The new leave requirement goes into effect on September 1, 2012. Here are answers to common questions to help guide you as you think ahead toward compliance:

• Email This
• Print
• Comments
• Trackbacks

As lawyers, we’re responsible not only for knowing the existing law, but also keeping a close eye on proposed legislation.  This week, Employment law specialist, Mike Brunet, highlights two proposed bills, one national and one local, that could have a huge impact on the hospitality industry.

• Email This
• Print
• Comments
• Trackbacks

In this week's post, Employment Law guru, Diana Shukis, offers insight into the complex and fascinating conflicts arising from Washington state's Medical Use of Marijuana Act. 

• Email This
• Print
• Comments
• Trackbacks

Cairncross & Hempelmann Employment Law specialist, Mike Brunet, details a growing trend and how it will impact the Seattle-area hospitality industry.

This week’s topic may appear limited in scope, but is representative of a national and local trend. On April 25, 2011, the Seattle City Council unanimously passed an amendment to the City of Seattle’s municipal code to define and punish “wage theft,” the practice of improperly withholding amounts owed to employees. Seattle thus joins a growing number of jurisdictions, including Miami-Dade County, FL, and the cities of Austin, TX, Denver, CO, Kansas City, KS, and San Francisco, CA in having a specific law in place to combat wage theft. A number of legislators in cities, counties, and states around the nation are considering pending bills that would add to this list. Although the goals of Seattle’s Wage Theft Ordinance may be laudable, the scope of the bill could cause well-meaning employers, including hoteliers and restaurateurs, to unintentionally run afoul of it.

• Email This
• Print
• Comments
• Trackbacks

I am just back from the 5th Annual HR in Hospitality Conference, held in Washington DC last week. The Conference was an information-packed two and one-half days. There were terrific presentations, interesting panel discussions, great audience questions, and many opportunities to informally connect with others in the hospitality industry who focus on human resource issues. I have already marked my calendar for next year’s Conference to be held February 27-29 in San Francisco. 

• Email This
• Print
• Comments
• Trackbacks

In today’s post, HT&T team member Diana Shukis (Employment and Litigation) discusses the appropriate test, as determined by a recent Washington state appellate court decision, to decide whether a worker is an independent contractor or an employee.

• Email This
• Print
• Comments
• Trackbacks

In today’s post, HT&T team member Mike Brunet (Employment and Litigation) discusses soon-to-be-impactful revisions to the Americans with Disabilities Act (“ADA”), with a specific focus on how it may impact those in the hospitality industry.

Approximately six months ago, in July 2010, Attorney General Eric Holder signed final regulations revising the Department of Justice’s regulations governing the ADA. The revisions amend Titles II (applying to public entities) and III (applying to public accommodations and commercial facilities) of the existing regulations and -- with two important exceptions discussed below -- take effect very soon, on March 15, 2011. The remainder of this blog post discusses the basics of the revisions to the ADA that may be of interest to those in the hospitality industry.
 

• Email This
• Print
• Comments
• Trackbacks

In this week’s “late due to Snowmageddon II” post, Diana Shukis, a partner in our Employment law practice group and long-time member of our Hospitality team, discusses the basic elements necessary to minimize your organization’s risk of harassment in the workplace, including a step-by-step approach to avoiding, and what to do in the event it occurs. Of course, the easiest way to ensure you have all the training and assistance you need is to give Diana a call.

Workplace harassment continues to be a serious concern because of its negative business impacts and serious liability risks for employers in all industries, including those in the hospitality community. It is vital for hotel managers and human resources professionals to review their organizations’ policies and practices regarding harassment and make any necessary improvements to avoid negative impacts. Workplace harassment based on race, ethnicity, disability or the perception of disability, sex, sexual orientation (in Washington and some other states), religion or age is prohibited by law.

• Email This
• Print
• Comments
• Trackbacks

As promised in our initial posts, this week we’re introducing another member of our Hospitality team here at Cairncross & Hempelmann.  Mike Brunet is an associate working closely with Diana Shukis in our Employment law practice group.  Both Mike and Diana do a lot of work with our hospitality clients in the areas of personnel and management issues - from creating and implementing comprehensive policies and procedures to providing key, timely advice during volatile workplace situations.  Today, Mike tackles the hot topic of employee social networking, from an employer’s perspective:

• Email This
• Print
• Comments
• Trackbacks