Category Archives: Legislation

Hospitality Industry Employee Risks: California Hotels And Restaurants Are "Not Obligated To Ensure Workers Take Legally Mandated Lunch Breaks"; Unanimous Opinion By State Supreme Court

“…the high court sided with businesses when it ruled that requiring companies to order breaks is unmanageable and those decisions should be left to workers. The decision provided clarity that businesses had sought regarding the law…”

In a case that affects thousands of businesses and millions of workers, the California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take legally mandated lunch breaks.

The unanimous opinion came after workers’ attorneys argued that abuses are routine and widespread when companies aren’t required to issue direct orders to take the breaks. They claimed employers take advantage of workers who don’t want to leave colleagues during busy times.

The case was initially filed nine years ago against Dallas-based Brinker International, the parent company of Chili’s and other eateries, by restaurant workers complaining of missed breaks in violation of California labor law.

The opinion written by Associate Justice Kathryn Werdegar explained that state law does not compel an employer to ensure employees cease all work during meal periods. Instead, an employee is at liberty to use the time as they choose, she wrote.

For more:  http://finance.yahoo.com/news/court-managers-dont-ensure-lunch-breaks-181751682.html

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Hospitality Industry Legal Risks: Sen. Feinstein Pressures California Senate To Adopt Legislation To Curb "Abusive ADA Lawsuits" Against Small Businesses For Minor Violations Of "Disabled-Access Laws"

“…in Redlands, 22 businesses were sued by the same attorney for allegedly failing to post a sign next to the handicapped parking spaces that informed parking violators they would be towed. The business owners settled the cases in amounts ranging from $5,000 to $14,000, Feinstein wrote…”

The bill would require those seeking disabled access to first notify the business of a violation, and then give it 120 days to correct the problem, during which time the firm could not be sued.

Sen. Dianne Feinstein (D-Calif.) has written to the leader of the California Senate, calling for the state to adopt legislation that would curb what she calls abusive lawsuits filed by private attorneys against small businesses for minor violations of disabled-access laws, and warning that if the state doesn’t act, she will.

Feinstein said some attorneys are filing “abusive lawsuits,” and “coercive demand letters” to force small businesses to pay thousands of dollars over often-minor noncompliance with the federal Americans With Disabilities Act and the state Unruh Civil Rights Act.

Steinberg wrote back that the California Legislature shares her concerns and approved a measure in 2008 that helps businesses come into compliance and makes it tougher to sue. The state leader disputed Feinstein’s contention that SB 1186 by state Sen. Bob Dutton (R-Rancho Cucamonga) is a possible answer.

For more:  http://www.fox40.com/news/headlines/ktxl-sen-feinstein-calls-on-state-to-curb-abusive-lawsuits-over-ada-20120404,0,7811356.story

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Filed under Guest Issues, Legislation, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Sen. Feinstein Pressures California Senate To Adopt Legislation To Curb "Abusive ADA Lawsuits" Against Small Businesses For Minor Violations Of "Disabled-Access Laws"

“…in Redlands, 22 businesses were sued by the same attorney for allegedly failing to post a sign next to the handicapped parking spaces that informed parking violators they would be towed. The business owners settled the cases in amounts ranging from $5,000 to $14,000, Feinstein wrote…”

The bill would require those seeking disabled access to first notify the business of a violation, and then give it 120 days to correct the problem, during which time the firm could not be sued.

Sen. Dianne Feinstein (D-Calif.) has written to the leader of the California Senate, calling for the state to adopt legislation that would curb what she calls abusive lawsuits filed by private attorneys against small businesses for minor violations of disabled-access laws, and warning that if the state doesn’t act, she will.

Feinstein said some attorneys are filing “abusive lawsuits,” and “coercive demand letters” to force small businesses to pay thousands of dollars over often-minor noncompliance with the federal Americans With Disabilities Act and the state Unruh Civil Rights Act.

Steinberg wrote back that the California Legislature shares her concerns and approved a measure in 2008 that helps businesses come into compliance and makes it tougher to sue. The state leader disputed Feinstein’s contention that SB 1186 by state Sen. Bob Dutton (R-Rancho Cucamonga) is a possible answer.

For more:  http://www.fox40.com/news/headlines/ktxl-sen-feinstein-calls-on-state-to-curb-abusive-lawsuits-over-ada-20120404,0,7811356.story

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Hospitality Industry Legal Risks: U.S. House Introduces Bill Calling For "One-Year Extension Of The ADA Deadline" On Installation Of Public Pool Lifts

“…A second congressional bill addressing the Americans with Disabilities Act has been introduced…once Congressman Mulvaney saw the strain placed on small-business owners who were rushed to [comply], and the concern for the safety of those using pool lifts, he decided to introduce [the bill]…”

It would prohibit lawsuits against pool and spa facilities for ADA violations alleged to occur between March 15, 2012, and one year after enactment of the bill. “Congressman Mulvaney believes portable lifts and shared lifts are the best solution…,”

On March 26, Congressman Mick Mulvaney (R-S.C.) introduced H.R. 4256, calling for a one-year extension of the ADA deadline for public pools. If passed, the bill also would allow portable lifts and sharing of lifts between vessels. “It allows for lift accessibility and safety, as well as being more economically achievable…”
The bill has 26 original co-sponsors. Ron Paul (R-Texas) is among the most recognized, and Mike Ross (D-Ark.) is the only Democrat.
In early March, Mulvaney joined 67 members of Congress in a letter to the U.S. Department of Justice, which enforces the ADA, decrying its decision not to allow portable lifts or sharing. In addition, he took issue with the timing of the decision, which came 45 days before the deadline. “In that short time, approximately 309,000 pools or spas would need their own individual lifts,” McAdaragh said. The letter asked the DOJ to, at the very least, extend the deadline by six months.

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Filed under Guest Issues, Health, Insurance, Labor Issues, Legislation, Liability, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Legal Risks: U.S. House Introduces Bill Calling For "One-Year Extension Of The ADA Deadline" On Installation Of Public Pool Lifts

“…A second congressional bill addressing the Americans with Disabilities Act has been introduced…once Congressman Mulvaney saw the strain placed on small-business owners who were rushed to [comply], and the concern for the safety of those using pool lifts, he decided to introduce [the bill]…”

It would prohibit lawsuits against pool and spa facilities for ADA violations alleged to occur between March 15, 2012, and one year after enactment of the bill. “Congressman Mulvaney believes portable lifts and shared lifts are the best solution…,”

On March 26, Congressman Mick Mulvaney (R-S.C.) introduced H.R. 4256, calling for a one-year extension of the ADA deadline for public pools. If passed, the bill also would allow portable lifts and sharing of lifts between vessels. “It allows for lift accessibility and safety, as well as being more economically achievable…”
The bill has 26 original co-sponsors. Ron Paul (R-Texas) is among the most recognized, and Mike Ross (D-Ark.) is the only Democrat.
In early March, Mulvaney joined 67 members of Congress in a letter to the U.S. Department of Justice, which enforces the ADA, decrying its decision not to allow portable lifts or sharing. In addition, he took issue with the timing of the decision, which came 45 days before the deadline. “In that short time, approximately 309,000 pools or spas would need their own individual lifts,” McAdaragh said. The letter asked the DOJ to, at the very least, extend the deadline by six months.

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Filed under Guest Issues, Health, Insurance, Labor Issues, Legislation, Liability, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Legal Risks: Restaurants Could Face "Americans With Disabilities Act" (ADA) Lawsuits Over Failure To Accommodate Disabled Guests Using "Service Horses"

“…business owners are getting nervous about a new federal regulation requiring a  particular breed of horse to be allowed into shops and restaurants across the  country…”

The case, as well as the regulation, has drawn concern from at least one  lawmaker on Capitol  Hill, as well as the National Restaurant Association.

The Justice  Department regulations were tailored for so-called “service” horses –  miniature horses that, like service dogs, accompany the blind and others with  disabilities to help them get around.

But the rules were a lawsuit waiting to happen,  according to critics. And sure enough, a suit was filed earlier this month in  Los Angeles, by a man who uses a wheelchair and keeps a miniature horse named  Princess — and who claims a local GameStop and Marshalls refused him and his  horse service.

Read more: http://www.foxnews.com/politics/2012/03/29/businesses-face-lawsuit-fears-as-feds-mandate-service-horses-be-allowed/#ixzz1r2aEZp6a

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Filed under Guest Issues, Insurance, Labor Issues, Legislation, Liability, Management And Ownership

Hospitality Industry Legal Risks: Restaurants Could Face "Americans With Disabilities Act" (ADA) Lawsuits Over Failure To Accommodate Disabled Guests Using "Service Horses"

“…business owners are getting nervous about a new federal regulation requiring a  particular breed of horse to be allowed into shops and restaurants across the  country…”

The case, as well as the regulation, has drawn concern from at least one  lawmaker on Capitol  Hill, as well as the National Restaurant Association.

The Justice  Department regulations were tailored for so-called “service” horses –  miniature horses that, like service dogs, accompany the blind and others with  disabilities to help them get around.

But the rules were a lawsuit waiting to happen,  according to critics. And sure enough, a suit was filed earlier this month in  Los Angeles, by a man who uses a wheelchair and keeps a miniature horse named  Princess — and who claims a local GameStop and Marshalls refused him and his  horse service.

Read more: http://www.foxnews.com/politics/2012/03/29/businesses-face-lawsuit-fears-as-feds-mandate-service-horses-be-allowed/#ixzz1r2aEZp6a

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Filed under Guest Issues, Insurance, Labor Issues, Legislation, Liability, Management And Ownership

Hospitality Industry Legal Risks: ADA "Pool Lift" Product And Installation Demonstration Video

[youtube=http://www.youtube.com/watch?v=d42mLPaPZBk]

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Hospitality Industry Legal Risks: ADA "Pool Lift" Product And Installation Demonstration Video

[youtube=http://www.youtube.com/watch?v=d42mLPaPZBk]

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Hospitality Industry Legal Risks: Latest Americans With Disabilities Act (ADA) Revisions Reflect "Removal Of Barriers"; Restroom Floor Space And Counter Height Are Areas Of Concern

  • Toilet clear floor space: The 1991 standards required 48 inches wide of clear floor space around a toilet. The new 2010 standards require 60 inches of clear floor space around the toilet. Things such as grab bars, toilet paper dispensers and seat protector dispensers are allowed to hang over into that space, but more obtrusive items such as urinals or cabinets are not.
  • Lavatory comparable counter space: Accessible rooms are required to have counter space comparable to that of nonaccessible rooms. “Various people have different needs for countertop space,” Anderson said. “My wife has the need for a lot of countertop space, and having that small little room around the accessible sink really doesn’t meet her needs. So it’s not comparable.”
  • Sales and service counters: The 1991 standards allowed for auxiliary sales and service counters built on to existing desks. The new 2010 standards require accessible counters of full, standard depth—not just ledges or other auxiliary spaces.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7719/New-ADA-changes-could-prove-costly

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