The Fair Labor Standards Act establishes guidelines for documenting work hours and rules for paying exempt and non-exempt employees. The FLSA provides a minimum wage and overtime exemption for employees in the following fields/positions: Executive Administrative Professional Outside Sales Computer-related occupations However, job titles alone do not determine exempt status. The employee’s specific job duties and salary…
Continue reading…California Employee Leave
Under California law, businesses are required to provide employees with the following leaves of absence: Sick Leave: All employees are eligible. Employees earn a minimum of 1 hour of sick pay for every 30 hours worked. Employees get 24 hours of sick leave per year. California Pregnancy Disability Leave: Employees are eligible if Employer has 5…
Continue reading…Another Win! Potter Handy Website Plaintiff Loses in Important Federal Trial
A Central District of California judge ruled that Potter Handy’s professional Plaintiff Andres Gomez did not have standing to bring a website accessibility lawsuit under the ADA against a car rental business. The Court held that Gomez had not provided any consequences resulting from his visit to the alleged inaccessible website, nor showcased a genuine…
Continue reading…California District Attorneys Sue Potter Handy for Frivolous Disability Lawsuits
The District Attorney for the City and County of San Francisco and the District Attorney for the County of Los Angeles recently filed a lawsuit against Potter Handy, LLP, a law firm that files lawsuits against businesses citing the Americans for Disabilities Act and Unruh Civil Rights Act. The complaint states (in part): The firm…
Continue reading…ALERT YOUR STAFF: Night Shift Hotel and Motel Employees are Being Targeted by Phone Call Scams
Hotels and Motels in the State have reported that their night shift staff receive phone calls from a person claiming to be the property owner. The caller tells the employee that they need a large amount of cash urgently and ask them to get the cash from the safe. If the employee tells the caller…
Continue reading…California Extends Some COVID Protections Until June 30, 2022, with Passage of AB2179
Landlords are prohibited from filing an unlawful detainer against tenants for rent that became due from March 1, 2020, to March 31, 2022. Cases filed before July 1, 2022, that seek either COVID 19 Rental Debt or COVID Recovery Rental Debt will not have a Summons issued unless the landlord can prove one of the…
Continue reading…Evicting Tenants From Your Hotel
Serve the tenant with a notice to quit. A 30 day notice to quit can be issued if a month to month tenant has lived in the unit for under a year. A 60 day notice is required has occupied the unit for over a year. If a tenant does not vacate the premises on/or…
Continue reading…Avoid ADA Website Lawsuits
Ensure you have the following details on your website: There must be an ADA Room Type listed on your website, all OTAs, and Franchise website. List all the accessible features your hotel common areas and guest rooms have. State a Policy that the Hotel will reserve ADA rooms for guests with ADA needs or rent…
Continue reading…Protect Your Business From Bed Bug Lawsuits
1. Have a paper trail: Get real time Employee Statements, Guest Statements, Pictures, Pest Control Report. 2. Pest Control Service: Should be Insured and Certified in Bed Bug Service. Should inspect and provide an Inspection Report of the room as bed bugs are reported. 3. Refunds: If you refund a guest, get a settlement/waiver of…
Continue reading…Franchise Negotiation
Be sure to negotiate these terms with Franchisor Application Fees Key Money Ramp Up Franchise Fees Area of Protection Termination Windows Liquidated Damages Property Improvement Plan Capital Investments
Continue reading…