Tag Archives: Labor Board

Hospitality Industry Legal Risks: Hotel Management Must Review Social Media Policy For Employees To Ensure Restrictions Do Not Violate "NLRB Section 7 Rights"

“…in late February 2012, the NLRB filed a complaint against a group of Hyatt Hotels alleging, among other things, that the restrictions placed on the use of social media, such as admonitions not to comment on hotel properties or locations, or to use the Hyatt brand/logo or photos of the properties, were overboard and discriminatory…”

The NLRB reports expressed concerns regarding attempts by an employer to block — for example — employees from using a company’s trademarked logo in social media. That was considered, generally, to be in violation of an employee’s Section 7 rights.

“Interests protected by trademark laws — such as the trademark holder’s interests in protecting the good reputation associated with the mark from the possibility of being tarnished by inferior merchandise sold by another entity using the trademark and in being able to enter a related commercial field and use its well-established trademark, and the public’s interest in not being misled as to the source of products using confusingly similar marks — are not remotely implicated by employees’ non-commercial use of a name, logo, or other trademark to identify the Employer in the course of engaging in Section 7 activity” (2012 Report).

Yet, such disclaimers are sometimes required by the Federal Trade Commission. In fact, under the revised regulations published by the FTC in 2009, if anyone other than a company or the brand owner itself advertises or talks about the company’s product or service, the FTC requires the disclosure of the relationship between the “talkee” and the “brand,” so that potential consumers understand that the recommendation or information contained in the social-media posting could be biased (See generally 16 C.F.R. §255.)

For more:  http://www.hreonline.com/HRE/story.jsp?storyId=533347702

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Filed under Employment Practices Liability, Insurance, Labor Issues, Liability, Management And Ownership, Training

Hospitality Industry Employee Risks: Minnesota Restaurant Must "Reinstate" Fired Workers With "Back Pay" According To National Labor Relations Board Ruling

 “…the judge ruled the workers must be reinstated within 14 days and are eligible for back pay — about $10,000 each…”

Six local Jimmy John’s workers fired more than a year ago should get their jobs back, a National Labor Relations Board judge ruled last week. The workers were fired after plastering parts of the Twin Cities with fliers claiming the restaurant’s customers were at risk of illness because of a sick-day policy requiring workers to find their own replacement if they were sick.

On Friday the judge ruled the workers must be reinstated within 14 days and are eligible for back pay — about $10,000 each, according to an estimate by Erik Forman, who lost his job at the West End Jimmy John’s store in St. Louis Park, Minn.

The stores’ owners have not yet decided whether to appeal the judge’s ruling.

“It’s a big victory. It’s not unexpected for us — we’ve known for a long time that our posters and our right to speak out about health and safety issues are legally protected,” Forman said. “But we’re glad to see that we’re one step closer to getting back to work and exercise our right to organize.”

In a March 2011 letter to franchise co-owner Rob Mulligan, Jimmy John’s workers called the sick-day policy a risk to the public’s safety, as it required workers to find their own replacement or go unpaid if they didn’t work, creating an incentive to work while ill.

For more: http://www.mndaily.com/2012/04/24/fired-jimmy-john%E2%80%99s-workers-work-again-judge-rules

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Employee Safety And Wage Issues: Hotel Management Should Expect 2011 OSHA Regulations To Require A Written “Injury And Illness Protection Progam” And Dept. Of Labor (DOL) Rule Requiring Full Disclosure On “Worker’s Pay Computation”

 

  • The Occupational Safety and Health Administration (OSHA) is developing a regulation mandating that employers have a written health and safety program, referred to as an Injury and Illness Protection Program or “I2P2.”
  • This rule would give an OSHA investigator the authority to find that an injury should have been avoided even if it was not regulated under a specific standard.
  • OSHA will also publish a regulation that will require employers to analyze every employee injury to determine if it is a work-related recordable musculoskeletal injury.
  • This regulation would set the stage for OSHA to revive its controversial ergonomics standard.

 

  • The Wage and Hour Division at DOL has a highly anticipated rule that would greatly expand recordkeeping requirements under the Fair Labor Standards Act (FLSA)
  • It would require employers to disclose how a worker’s pay is computed and complete a written “classification analysis” for each worker who is exempt or outside of the coverage of the FLSA.

For more:   http://www.worldtrademag.com/Articles/Column/BNP_GUID_9-5-2006_A_10000000000000932009

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Filed under Health, Injuries, Labor Issues, Legislation, Liability, Risk Management, Training, Uncategorized

Hotel Industry Labor Risks And Liability: California Labor Commissioner Sues Hotel For Labor Violations Including Failure To Pay Wages, Minimum Wage And Overtime Pay

California’s Labor Commissioner has filed a lawsuit against David Weyrich’s Carlton Hotel Investments LLC for labor violations involving more than $100,000 in lost wages and penalties.

The hotel is accused of six labor code violations, including failure to pay wages when due, failure to pay minimum wages and failure to pay overtime.

The lawsuit, filed today by the state Department of Industrial Relations in Paso Robles’ Superior Court, alleges the violations involve an estimated 60 workers employed by the hotel since October 2009, according to court documents.

Read more: http://www.sanluisobispo.com/2010/03/08/1059170/david-weyrichs-carlton-hotel-sued.html?storylink=mirelated#ixzz0pc50ICrj

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Filed under Insurance, Labor Issues, Liability