DPA Attorneys at Law has partnered with Whiteboard to provide insurance specifically for hotel owners. Proper insurance will protect you from frivolous litigation. We are seeing a huge increase in litigation against hotels. It is important for business owners to be proactive. We can ensure your policy gives you a strong line of defense against:…
Continue reading…When Does a Hotel Guest Become a Tenant
A guest becomes a tenant if: The guest stays at the hotel for 30 days or more; and The guest has paid for all room charges owed by the 30th day. *** Courts have found guests to be tenants even when the 30-day stay is not consecutive. Checking out a guest for one day and then…
Continue reading…Big Win: Potter Handy ADA Website Case Dismissed
2021 has seen a dramatic increase in ADA hotel website lawsuits. These suits have cost the hospitality industry millions in legal fees. Depending on the judge and court, defense has yielded mixed results. However, DPA Attorneys at Law recently posted a big win. In the Northern District of California, DPA defended a hotel and the…
Continue reading…When interviewing an applicant, can we ask for vaccination status and/or proof of vaccination?
State the Policy to the Applicant: An easy way to address whether an applicant is vaccinated is to make a blanket statement in the hiring process that your company requires employees to be vaccinated as a condition of employment, subject to accommodation. – Sample language: “If you are hired, we will require you to prove…
Continue reading…Employment Law Update
This employment law update is directed at our hospitality clients that have resident managers. We have become aware that there are several California employee-side attorneys that are soliciting resident managers by direct mailing marketing materials to hospitality properties. Their purpose is recruiting new plaintiffs for lawsuits against hotel operators for violation of wage and hour…
Continue reading…Just Cause Reasons for Non-Covid Related Evictions
REMINDER TO LANDLORDS: Tenants throughout the State of California, cannot be evicted for nonpayment of rent related to COVID-19 at least until October 1, 2021, however a Tenant can be evicted for other “Just Cause” reasons. Any of the following At-fault Just Causes can be utilized by a Landlord to evict a Tenant: • Default…
Continue reading…CalSavers – California’s Mandatory Retirement Program
REMINDER TO EMPLOYERS: Back in 2016, California passed legislation that created a state-run retirement program. The program later became known as CalSavers. In order to comply with California’s law, employers have two options: Employers may sponsor their own retirement programs, such as a 401(k). Otherwise, Employers are required to participate in CalSavers, California’s state-run retirement…
Continue reading…Bad News for ADA Plaintiffs
In 2015, California tried to slow down the runaway freight train of ADA “architectural barrier” lawsuits by professional plaintiffs. Under amendments to the California Civil Code, professional plaintiffs and their law firms now had to identify themselves in their court pleadings as “high frequency litigants”, they had to pay an extra $1,000 filing fee, and…
Continue reading…ADA Lawsuits Newsletter
The coronavirus put a damper on the filing of new ADA cases for architectural barrier and website claims. But as the economy and the courts start to come out of their COVID-19 hibernation, DPA Attorneys at Law is predicting a return to “business as usual” as far as ADA lawsuits. California is the #1 hot…
Continue reading…When Can Employers Require Employees to Provide COVID-19 Test Results?
The safety of guests and co-workers is of paramount concern with COVID-19. There is great variation in how COVID-19 effects different people. If an employee asks to self-quarantine for COVID-19 symptoms on the advice of a Medical Services Provider (“MSP”), they should provide the employer with the name of their MSP. In addition, the employer…
Continue reading…