Deprecated: Array and string offset access syntax with curly braces is deprecated in /home/newhoslaw/pre.hospitalitylawyer.com/wp-content/plugins/memberpress/app/controllers/MeprApiCtrl.php on line 209

Deprecated: Array and string offset access syntax with curly braces is deprecated in /home/newhoslaw/pre.hospitalitylawyer.com/wp-content/plugins/memberpress/app/controllers/MeprApiCtrl.php on line 209

Deprecated: Array and string offset access syntax with curly braces is deprecated in /home/newhoslaw/pre.hospitalitylawyer.com/wp-content/plugins/memberpress/app/lib/MeprUtils.php on line 862

Deprecated: Array and string offset access syntax with curly braces is deprecated in /home/newhoslaw/pre.hospitalitylawyer.com/wp-content/plugins/memberpress/app/lib/MeprUtils.php on line 862

Warning: Cannot modify header information - headers already sent by (output started at /home/newhoslaw/pre.hospitalitylawyer.com/wp-content/plugins/memberpress/app/controllers/MeprApiCtrl.php:209) in /home/newhoslaw/pre.hospitalitylawyer.com/wp-includes/feed-rss2.php on line 8
Featured – HospitalityLawyer.com https://pre.hospitalitylawyer.com Worldwide Legal, Safety & Security Solutions Wed, 01 May 2019 20:19:01 +0000 en hourly 1 https://wordpress.org/?v=5.6.5 https://pre.hospitalitylawyer.com/wp-content/uploads/2019/01/Updated-Circle-small-e1404363291838.png Featured – HospitalityLawyer.com https://pre.hospitalitylawyer.com 32 32 Tips for Small Hotels, Inns and Other Hospitality Businesses to Save on Expenses https://pre.hospitalitylawyer.com/tips-for-small-hotels-inns-and-other-hospitality-businesses-to-save-on-expenses/?utm_source=rss&utm_medium=rss&utm_campaign=tips-for-small-hotels-inns-and-other-hospitality-businesses-to-save-on-expenses https://pre.hospitalitylawyer.com/tips-for-small-hotels-inns-and-other-hospitality-businesses-to-save-on-expenses/#respond Tue, 14 Jan 2014 10:00:44 +0000 http://pre.hospitalitylawyer.com/?p=10746 The first “real” hoteliers I ever worked for owned and operated independent, familyrun inns and other related hospitality businesses. They had learned to be frugal, having lived through very hard times in World War II and the subsequent years as the economy grew and recovered in the decade that followed. When recently looking at a client’s income statement and examining it for potential cost savings, I noted a number of things they practiced that have merit today, but many hoteliers often overlook these simple measures. These simple, but cost-saving steps can be especially valuable in small properties and are offered as ideas for consideration.

Office

1. Eliminate unnecessary printing. Often we print a document that has unwanted advertising or a single line on the last page (think about what happens when you print up directions from MapQuest for a guest). This can be addressed by using software that can predetermine this waste of paper and ink. Always click on “print preview” before clicking the “print” button to ascertain how many pages will print and if they are all necessary. True savings start by becoming more cognizant of the actual cost and impact that extra paper and toner has on your bottom line. Make it a habit to start looking a bit closer at your print jobs.

2. Buy environmentally friendly paper. Yes, we still need paper, so look for environmentally friendly but cost effective options. Printer and copier paper made from recycled paper from 100% post-consumer fiber is the best option. This is paper that has been manufactured from recycled paper and wood products. No new trees have been consumed in this process and hence the paper is often less expensive. Another key advantage of using recycled paper is that it can be made easily with less toxic processes, and thus results in less pollution. Many times lesser known brands of paper may afford the best low-cost option.

3. Copier and printer settings. Verify that copiers and printers automatically default back to single copies after someone has printed multiple or duplex jobs. Whenever possible consider printing double-sided to minimize paper usage. Never print in color unless color ink is needed. Page for page, color ink and toner cartridges will run out four times faster than black cartridges because there are four colors in a color cartridge. They are also more expensive than black ink cartridges.

4. Buy re-manufactured ink and toner cartridges. Not only do these refilled and/or re-manufactured cartridges cost 15-25% less than new ones, but each reused cartridge saves a couple of pounds of metal and plastic being deposited into a landfill. It also takes almost half a gallon of oil to manufacture each toner cartridge. Most office supply stores gladly accept used toner and ink cartridges for recycling. Additionally, many manufacturers of these items have recycling programs in place or offer postage paid shipping labels to ship your used cartridge back in the box the new cartridge arrived in. Remember, recycling keeps the costs of these items lower for everyone, while minimizing unnecessary deposits in crowded landfills.

5. Re-examine office equipment at replacement time. All office equipment produces toxic substances in the manufacturing as well as the disposal stages; so the fewer office machines used by your office means the smaller your carbon footprint can be. There are many ranges of multi-tasking machines available now that copy, scan, fax and print. Acquiring a multi-task machine instead of four different machines that can perform separate tasks can decrease your acquisition and maintenance costs.

6. Power down. A substantial amount of office electrical power is used by machines that are off, but still plugged into a live outlet. Think about your iPhone or Droid – note the reminder to unplug the charger? Standby or phantom power is a huge and generally an unnecessary expense. At the end of the day, turn off all computers and other office equipment that will not be utilized until tomorrow. And don’t forget to unplug your cell phone or laptop power cords from the outlet after your battery is fully charged.

7. Do away with screen savers. The photos and graphics may be lovely to look at, but in addition to being at times distracting, they can consume a lot of energy. Set monitors to hibernate after shorter periods of inactivity. Likewise, set monitors to power off after a lengthy period of non-use. Save money and distractions, but do not forget to enable the “auto save” feature on your computer’s hard drive so you do not lose any work in progress.

General

8. Use more natural light. Artificial lighting represents 40% of electricity consumption in typical offices, so opening blinds and enjoying daylight wherever possible makes sense. Hotels in Asia and Africa (where electricity is very expensive) are often built with large windows in the lobby and guestrooms to take advantage of the free daylight. New WalMart stores are being built with hundreds of skylights designed to replace many electrical fixtures during the daytime.

9. Install motion sensors. Many hotels have realized cost-savings by installing motion sensors in remote housekeeping and engineering closets and even on vending machines. Now many are beginning to place them in guestrooms and public restrooms. Evaluate your office and meeting space and notice how many rooms have lights on, even when empty. Instead of leaving it to people to turn off lights as they leave rooms (which they often do not do), install motion-activated light switches. These will turn lights on for a designated period of time (e.g., 15 minutes) whenever somebody passes in front of the switch or moves around in the space.

10. Switch to compact fluorescent bulbs. I could not believe the quick pay back, but compact fluorescent bulbs use about 75% less energy than incandescent bulbs, and they last about 10 times longer. Their costs have dropped dramatically as society has started to embrace this new lighting technology. With compact fluorescent bulbs you can save on energy consumption, replacement bulb costs, labor costs associated with more frequent replacement, and reduce overall waste as well. These bulbs are now available in almost all sizes and wattages, with softer sheens than earlier models. No changes in equipment are necessary, as just about any light that uses an incandescent bulb can instantly use a compact fluorescent bulb.

11. Look at reasonable bulk purchases. Costco, Sam’s Club, BJ’s and other warehouse-style stores have made it possible to obtain reasonable amounts of cleaning and office supplies, as well as office type foods (coffee, sugar, etc.). Check your area warehouse stores to see how much you can save on these types of items.

12. Consider “green” cleaning practices and products. Paper towels can be replaced by hand dryers in restrooms and affordable environmentally-friendly cleaning products. These protect the health of not only your cleaning staff but also your associates, while also reducing harmful substances and odors from the office.

13. Remember the Lessons of Craig’s List. Those independent hoteliers I mentioned in the opening did not have the ease of Craig’s List, eBay or other online search options for sourcing unique items; but they often went to auctions and sales. They found many one-of-a-kind items at rock bottom prices they were able to use in many different ways. Use the Internet to search for unique items that you cannot find through traditional retailers, but don’t forget to stop every now and then at auctions and sales to see if you can snag yourself a bargain.

]]>
https://pre.hospitalitylawyer.com/tips-for-small-hotels-inns-and-other-hospitality-businesses-to-save-on-expenses/feed/ 0
Wash Your *!&# Hands! Employers And The Flu https://pre.hospitalitylawyer.com/wash-your-hands-employers-and-the-flu/?utm_source=rss&utm_medium=rss&utm_campaign=wash-your-hands-employers-and-the-flu https://pre.hospitalitylawyer.com/wash-your-hands-employers-and-the-flu/#respond Mon, 06 Jan 2014 10:00:50 +0000 http://pre.hospitalitylawyer.com/?p=10737 Almost 4.1 million employees missed work due to illnesses like the flu last January, which was the most since 2008.  Even worse, the four-month peak season lasted through March, so the numbers continued to add up.  Some years, absences during that four-month period ran at 3.8 million a month, for a whopping total of 15+ million absences.  Remember news outlets carrying stories in January 2013 about the City of Boston declaring a state of public-health emergency and of Chicago hospitals having to send flu patients to other hospitals?

This extraordinary cost demands that employers take action now before the worst of the “season,” including:

  • endlessly preach hand washing, especially traditional 20 seconds under running water;
  • make hand sanitizers and no-touch trash cans available, including in conference facilities and public areas;
  • educate employees about common transmission areas in restaurants, public areas, conference facilities, fitness centers, and guest rooms;
  • limit in-person meetings and utilize telecommuting for certain backroom functions;
  • institute more flexible leave policies and take other steps to ensure that sick employees stay home and do not infect others;
  • consider hosting a “Flu Vaccination Clinic” at the property as recommended by the CDC in their 2012 “Toolkit For Businesses and Employers,” or their newly updated “Make It Your Business To Fight The Flu” toolkit;
  • communicate with guests about the flu, as well as dealing with misinformation – during avian-flu season, some guests will even ask about eating chicken.

The human resources challenges are accompanied by legal risks as employers respond to sick employees, mandate flu vaccinations, and seek to maintain a safe workplace.  Employment law issues include performing a risk assessment to justify any vaccination demands, or other safety and personnel actions, as well as engaging in an individual analysis of employee refusals to take vaccinations due to religious or ADA concerns.

What About Flu Shots?

Every public-health authority vigorously encourages employers to support efforts at flu vaccinations for employees.  Unfortunately, some employees do not want to take vaccines and a variety of groups vocally oppose vaccinations.  As an example, healthcare employers often make flu shots mandatory and have had success in requiring employees to take flu vaccinations as a term of employment.

In January 2013, the Healthcare Division of the Service Employees International Union (SEIU) passed a resolution opposing mandatory vaccinations and arguing for only “voluntary” vaccinations, as well as mandatory education programs.  The SEIU subsequently filed and withdrew a suit challenging Rhode Island’s regulation requiring mandatory vaccinations for healthcare workers.  Employers should prepare for “push back,” and monitor legal developments if they decide to require flu shots.

In determining whether an employer may mandate flu vaccinations, OSHA, the EEOC, and other agencies heavily rely on CDC positions, whether the issue is vaccination or response to employees with infectious diseases.  A 2009 OSHA Interpretation Letter largely deferred to healthcare employers’ risk assessment following CDC guidance.  The nature of the workplace and employee duties should be evaluated in a risk assessment.

Some workplaces may have more problems than others in justifying a mandatory requirement.  Similarly, consider each position and why you “objectively” consider vaccination to be essential. But you must still at least consider the reasons for an employee objection and whether any accommodation may be feasible in the face of health or religious objections.

The EEOC position is that the employer must engage in an individual interactive process in response to religious or health-based (ADA) objections, and objectively consider whether there is a “direct threat” in taking the vaccine.  The employer must consider “accommodation” options.  The challenge is most likely because of alleged religious reasons.  The EEOC explained how it would analyze employers’ obligation to accommodate religious objection in a March 5, 2012, informal discussion letter.

The EEOC and the courts do not require all that much to establish a sincerely held religious belief.  In one decision, a federal court allowed a former children’s hospital worker to proceed with her religious discrimination claim that she objected to the flu vaccination because she was a Vegan.

A unionized employer must also adhere to its collective bargaining agreement and may have a duty to bargain about flu prevention policies.  In Virginia Mason Hospital, the NLRB held that the employer could unilaterally implement a flu-prevention policy because the union agreed to a broad management-rights clause in the collective bargaining agreement.  The contract will determine whether the employer can unilaterally mandate vaccinations, and mandatory flu vaccination is an inflammatory labor issue.

]]>
https://pre.hospitalitylawyer.com/wash-your-hands-employers-and-the-flu/feed/ 0
That Contractor May Be Your Employee https://pre.hospitalitylawyer.com/that-contractor-may-be-your-employee/?utm_source=rss&utm_medium=rss&utm_campaign=that-contractor-may-be-your-employee https://pre.hospitalitylawyer.com/that-contractor-may-be-your-employee/#respond Mon, 09 Dec 2013 10:00:05 +0000 http://pre.hospitalitylawyer.com/?p=10056 Employers tempted to outsource work to independent contractors in order to curb payroll costs should carefully consider the legal implications before doing so. Such arrangements are likely to violate the Fair Labor Standards Act (FLSA), as well as federal tax and state laws. Employers who violate the FLSA face liability for payment of back wages and overtime due, plus an equal amount as liquidated damages, and civil money penalties. Employers could also be held criminally liable and may face imprisonment for repeat offenses.

Thomas Perez, who was sworn in on July 23, 2013 as Secretary of Labor, U.S. Department of Labor (DOL), has been aggressive in enforcing laws prohibiting misclassification of employees as independent contractors. Misclassification was an enforcement focus of the Secretary’s when he formerly served as the Secretary of Labor, Licensing and Regulation for the State of Maryland.

DOL considers misclassification of employees to be an issue of concern for multiple reasons. In addition to denying employees potential overtime pay, misclassification results in denying other benefits due to employees. It also poses a competitive disadvantage over other employers who comply with the FLSA and other laws requiring payment of payroll and unemployment insurance taxes and workers’ compensation premiums. States and the IRS also lose potential revenues due to misclassification.

Both federal and state governments have been intensifying efforts in recent years to identify misclassification of independent contractors.

These efforts include the DOL’s Misclassification Initiative. In September of 2011, DOL entered into a memorandum of understanding (MOU) with the IRS to share information about incidents involving misclassification of independent contractors. Additionally, DOL has entered into MOUs with fifteen state governments to share information and heighten enforcement efforts. Currently these states include California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New York, Utah, and Washington.

The results of these intensified efforts are evidenced in DOL press releases on enforcement actions.

  • On April 11, 2013, DOL publicized a lawsuit it was filing against two Utah employment agencies for alleged willful violations of the FLSA arising from misclassifying over 800 construction workers as something other than employees. DOL asserts the violations were willful since the agencies had been given prior notice that the misclassification is illegal.
  • On May 9, 2013, DOL announced a consent judgment entered with two Kentucky cable TV and internet providers for payment of $1,075,000 in back wages. This included overtime due to 77 cable installers who were misclassified as independent contractors.

In order to determine whether an employer has misclassified employees as independent contractors, courts look at the economic realities considering the following factors, none of which is controlling:

1. The extent to which the person’s job is an integral part of the employer’s business. If so, they are likely to be considered an employee.

2. The duration of the relationship. The longer the duration, the more likely an employee/employer relationship exists.

3. The amount of investment made by the putative contractor in facilities and equipment. The greater the investment made, the more likely an independent contractor relationship exists.

4. The nature and degree of control by the “employer” over the working conditions such as hours worked, quality control, outside work, rate of pay, etc. The greater the control, the more likely an employment relationship exists.

5. The opportunity for profit and loss. If the worker is able to earn a profit by exercising greater efficiency or managerial skill, then it is more likely that they are an independent contractor. Similarly, if their working arrangement provides them with control over factors affecting their ability to make a profit or incur a loss of capital investment, then they are more likely to be deemed independent contractors.

6. The level of skill, initiative, judgment, or foresight in open market competition with others is required. The greater these factors are found to exist, the more likely there is an independent contractor relationship.

Independent contractor arrangements can arise in a variety of employment situations. In Clincy v. Galardi South Enterprises, Inc., (N.D. Ga. Sept. 7, 2011), a federal district judge in Atlanta was confronted with the issue of whether exotic dancers who worked at a strip club were independent contractors or employees. The dancers who filed claims under the FLSA alleged that they were never paid any direct wages, but instead were paid the right to perform. They each signed an independent contractor agreement and were paid by club customers. However, the dancers were required to turn over their “house fees” and had to comply with the club’s rules of contact and check-in and check-out procedures. Since the club controlled the method and manner in which plaintiffs worked, the judge concluded the dancers were employees and entitled to pay under the FLSA.

Recently in Scantland v. Jeffrey Knight, Inc., No. 12-12614 (11th Cir. July 16, 2013), the Eleventh Circuit Court of Appeals held that a communications services provider misclassified cable installers as independent contractors. The court reasoned that “Knight controlled what jobs plaintiffs did, how much they were paid, how many hours they worked, how many days they worked, their daily work schedule, whether they could work for others, whether they could earn additional income from customers, and closely monitored the quality of their work.” The workers could not bid for jobs or negotiate prices and their ability to hire and fire others was illusory.

Employing independent contractors is not illegal. However, misclassifying employees as independent contractors violates the law and could subject employers to significant liability. It is important that employers regularly review their contractual arrangements with independent contractors to identify potential misclassification issues.

]]>
https://pre.hospitalitylawyer.com/that-contractor-may-be-your-employee/feed/ 0
Charting a Course for Renewed Airline Consumer Loyalty https://pre.hospitalitylawyer.com/charting-a-course-for-renewed-airline-consumer-loyalty/?utm_source=rss&utm_medium=rss&utm_campaign=charting-a-course-for-renewed-airline-consumer-loyalty https://pre.hospitalitylawyer.com/charting-a-course-for-renewed-airline-consumer-loyalty/#respond Tue, 03 Dec 2013 10:00:28 +0000 http://pre.hospitalitylawyer.com/?p=10049 Click here to download the report.

Deloitte’s Travel, Hospitality, and Leisure practice is pleased to announce our new report, Rising above the Clouds: Charting a course for renewed airline consumer loyalty. In this report, we explore the state of loyalty in the airline sector.

Our findings suggest that an undifferentiated one-size-fits-all approach to loyalty improvement will seldom be fully successful because no two travel cohorts—and no two individual travelers—are identical in what matters to them in the air travel experience, airline loyalty programs, and the manner in which they prefer to engage and be engaged. Yet, despite this outlook of concern—or perhaps because of it—airlines have a unique opportunity to distinguish their brands in an effort to build a truly loyal consumer base.

Charting a course for renewed airline consumer loyalty

Specifically our research uncovered a number of findings that should give airlines pause:

Airline loyalty programs fail to engage

Loyalty program members are far from loyal and airline loyalty programs fall short in achieving their objectives—particularly among high-margin business and high-frequency travelers.

  • 44 percent of business travelers and a remarkable 72 percent of high-frequency business travelers participate in two or more airline loyalty programs
  • Two thirds of overall respondents were at least open toward switching to a competing loyalty program even after achieving highest status level

Loyalty programs matter more to some travelers than to others

Overall respondents ranked loyalty programs as only the 19th most important airline experience attribute (out of 26 attributes). However, high frequency business travelers ranked loyalty programs second, even higher than safety.

Passengers plan and book in different ways

Our research reveals significant differences in travelers’ booking/planning behaviors and engagement preferences. These differences underscore the need for differentiated, targeted approaches to building loyalty and customer engagement.

Airlines need champions

Put simply, the flying passenger has the potential to serve as an airline’s most effective marketing tool. Yet, our research shows that only 38 percent of survey respondents responded positively when asked whether they would serve as a brand ambassador.

Download the report and survey charts from the top of this page to learn more.

About the research study

Our research is based on an overall survey of over 2,500 respondents who took at least one flight over a twelve month period and two focus groups with business and leisure travelers. This research has given us deep insights into air travelers’ behaviors, attitudes, and engagement preferences.

]]>
https://pre.hospitalitylawyer.com/charting-a-course-for-renewed-airline-consumer-loyalty/feed/ 0
Cyber Security Risk in a Social Media World https://pre.hospitalitylawyer.com/cyber-security-risk-in-a-social-media-world/?utm_source=rss&utm_medium=rss&utm_campaign=cyber-security-risk-in-a-social-media-world https://pre.hospitalitylawyer.com/cyber-security-risk-in-a-social-media-world/#respond Mon, 02 Dec 2013 10:00:37 +0000 http://pre.hospitalitylawyer.com/?p=10046 The theft of intellectual property from the U.S. is “unprecedented,” and costs the nation an estimated $300 billion each year, according to the IP Commission Report, issued in May.  Worse, corporate employees—through their information sharing practices—are making it easy for IP thieves.

Sharing information is now the way of business and social life. Companies have outsourced business processes to partners, moved data and applications to “the Cloud” and embraced social media for communication with customers and collaboration with suppliers. Individuals now bring their own computing devices to the office, mixing company and personal data on the same machine, and mobile devices are increasingly replacing desktops as the standard in business technology. All of these changes greatly increase the potential for data loss.

As the realities of these changes on modern business practice take hold, it is quite possible that we have crossed a dangerous line in this new information sharing culture. How are we to know if we are putting too much of our personal information on the Internet? And are we blurring the lines between what should and shouldn’t be said in public?

We’ve come a long way since the “Loose Lips Sink Ships” campaign of World War II, when a “need to know” concept was enforced and warned against giving away anything that could help the enemy. Now, seemingly irrelevant snippets of personal data can be used to piece together intelligence to enable hackers to target individuals, facilities and organizations. We are now at war over information. Hacktivists, criminal gangs, terrorist groups and even rogue states are targeting valuable intellectual property, customer and employee personal details. Individuals must consider their Web profiles, behaviors and security settings and wise up to the risks. Companies are also exposed to risks interacting with their supply chain, partners and customers.

A New Business Strategy

To reduce cyber risk, companies need to develop a new business strategy that is “secure by design” and understand that this isn’t just a technology issue, but a wide-ranging problem that encompasses culture, processes, staff behavior, training, and includes interactions with suppliers, partners and customers.

A key component in this strategy is to decide upon an information classification scheme. A decision must be made about what type of information should be kept secure, shared internally and published externally. Employees must be made to know what they should and shouldn’t be sharing, so the information must be marked to make it clear. Furthermore, they must understand what criteria to apply when marking their own generated content and handling protectively marked documents. Rules should be in place on information handling to reduce chances of leakage and information should be shared on a “need to know” basis internally as well as externally.

The military have used a multi-level security system and protective marking scheme for many years. This six-tier system ranges from “Top Secret” to “Unclassified” and was designed to protect paper-based information stored in filing cabinets and moved between places physically. Companies should introduce similar schemes. Here is a pragmatic example of security classification levels for different types of data:

1. Private – Company-critical information including personnel records, customer data, intellectual property, for example inventions, the design of products, components or future products, concepts and plans.

2. Transactional / Confidential – Information that needs to be shared with suppliers and customers for the business to run including contracts, invoices, purchase orders, proposals.

3. Unclassified – Data that can be shared with the world in print or online.

Some, but not all, data may move from “Private” to “Unclassified” over time. For example, the marketing strategy starts as “Private” but then becomes “Transactional” (but embargoed) as events are planned with partners, with some data becoming “Unclassified” as the campaign is launched to the public. Website content will be considered “Confidential” until it is published, but even then the organization will still own the copyright.

Controls and measures need to be put in place appropriate for the security level and industry cyber risk profile.

Collaboration at All Security Levels is Required

A key issue is that companies need to share information with partners at all levels. For example, an aircraft component design may need to be shared with a third-party manufacturer. The key emphasis and business enabler is secure collaboration – making it easy for information to flow with the business activities that require it.

The partner organizations must then operate similar security models with appropriate controls in place such as identity and access management, encryption and partnering agreements and contracts that include terms for secure collaboration.

The Private security level necessitates stricter controls and procedures, limited device access, and most importantly, better-protected information. There will be fewer people with access privileges and a lower volume of data. Enterprise strategic information assets should be given the highest priority for security spending.

Network perimeter security is no longer enough as critical data is passed out of the company to partners, customers and cloud services. The data itself must therefore be protected with encryption -only visible to the intended recipient. It is little known that e-mail and attachments are sent over the internet “in the clear,” with very little encrypted traffic. Companies should implement secure signed and encrypted e-mail, as the default standard for confidential information transfers between businesses.

A New Culture of Security and Controls

In order to enable this tiered information management structure, business processes and information systems need to be designed and implemented to prevent data loss. Employees must be trained and a new culture of “appropriate” security and controls should be introduced.

As the tools and techniques employed by cyber criminals become ever more sophisticated so must the approach to applying defense strategies. To remain static in approach to security, and to retain an improper culture of information sharing, is to accept an immediate and continuous step backward into the clutches of cyber criminals.

Doing business securely in the era of cyber crime and espionage is a significant challenge. Embedding an information security classification scheme, and with it a “need to know” cultural change, will act as a catalyst for secure, collaborative working and communication. It will also protect strategic information assets and enable organizations to prioritise spend to protect their brand.

]]>
https://pre.hospitalitylawyer.com/cyber-security-risk-in-a-social-media-world/feed/ 0
How to Serve Alcohol at a Company Party Without Getting Sued https://pre.hospitalitylawyer.com/how-to-serve-alcohol-at-a-company-party-without-getting-sued/?utm_source=rss&utm_medium=rss&utm_campaign=how-to-serve-alcohol-at-a-company-party-without-getting-sued https://pre.hospitalitylawyer.com/how-to-serve-alcohol-at-a-company-party-without-getting-sued/#respond Mon, 25 Nov 2013 10:00:34 +0000 http://pre.hospitalitylawyer.com/?p=10034 With the holidays right around the corner, many businesses will host festive company outings and events for their employees, including parties at the office—and often these celebrations include alcohol.

Employers need to understand the legal parameters of having alcohol in the workplace in order to establish a safe, responsible and enjoyable work environment for their employees. A few common questions from employers at this time of year are:

Are there any legal restrictions on serving alcohol at company functions?

Some states have laws that govern “social host liability.”  Through these laws, bartenders or social hosts can be held liable for events that result from over-serving someone (e.g. accidents, injuries, etc.).  These laws would make the organization responsible for monitoring consumption and cutting off drinking by anyone who becomes intoxicated, so be aware of the laws in your jurisdiction.

If some of our employees are under the legal drinking age, can we still serve alcohol?

Employers must ensure that no one underage has access to alcohol. If alcohol is served to a minor, the employer can be subject to the same stiff fines and penalties that a store or bar that serves a minor would face.  Accordingly, if underage employees will be attending the party, employers must be vigilant in making sure that they are not served or allowed access to alcoholic beverages.

If an employee has too much to drink and has an accident, it is still covered by our insurance, right?

Employers who provide alcohol to their employees may unwittingly negate coverage under their general liability insurance policies and be on the hook for costs associated with alcohol-related incidents or injuries, so be aware of the limitations and exceptions applicable to your organization’s employee-related policies.

Any other legal risks the organization might face if alcohol will be served at holiday functions?

There is an increased risk of sexual harassment-related complaints that result from company events where alcohol is present (e.g. the stereotypical office holiday party that is always satirized in movies and TV shows).  Remember that even though the function might be held outside normal working hours, employees are still afforded protection from harassment or other inappropriate conduct that might be directed at them by their colleagues.


]]>
https://pre.hospitalitylawyer.com/how-to-serve-alcohol-at-a-company-party-without-getting-sued/feed/ 0
Strike on Syrian Facilities Could Result in Radiation Release https://pre.hospitalitylawyer.com/strike-on-syrian-facilities-could-result-in-radiation-release/?utm_source=rss&utm_medium=rss&utm_campaign=strike-on-syrian-facilities-could-result-in-radiation-release https://pre.hospitalitylawyer.com/strike-on-syrian-facilities-could-result-in-radiation-release/#respond Thu, 05 Sep 2013 10:00:13 +0000 http://pre.hospitalitylawyer.com/?p=9929 In a statement on Wednesday, Russian Foreign Ministry spokesman Alexander Lukashevich voiced concerns that a U.S. attack on Syria’s nuclear facilities may result in a radioactive event that would pose a health risk to the region. On behalf of the Russian government, he recommended that the U.N. prepare a risk analysis to address this possibility.

The Syrian government operates a Miniature Neutron Source Reactor, or MNSR, near Damascus. MNSRs, typically used for research purposes, are fuelled by anywhere from six to sixty-two rods of enriched uranium. While relatively low-powered and safe, MNSRs can release significant amounts of harmful radiation following a systematic reactor failure; however, according to ICENS, a SLOWPOKE reactor like the Syrian MNSR will not undergo a full meltdown like a larger reactor.

The United States is currently in the process of considering limited military action against Syria in response to the government’s suspect August 21 sarin gas attack on a Damascus suburb. While Congress votes on whether or not to authorize a military strike, President Obama is attending the G-20 summit in St. Petersburg, Russia, where the issue will be discussed among world leaders.

]]>
https://pre.hospitalitylawyer.com/strike-on-syrian-facilities-could-result-in-radiation-release/feed/ 0