Hospitality Law

STEPHEN BARTH is an attorney and Professor of Hospitality Law and Leadership at the Conrad N. Hilton College of Hotel and Restaurant Management at the University of Houston, Texas. He is also the founder of HospitalityLawyer.com.

Preface.Chapter 1. Prevention Philosophy.1.1 The Future Hospitality Manager and the Legal Environment.1.2 The Hospitality Manager and Legal Management.Historical Origins of the Law.The Evolutionary Nature of Common Law.1.3 Preventative Legal Management.STEM the Tide of Litigation.Legally Managing at Work: Applying the STEM Process in Hospitality Management.1.4 Ethics and the law.An Ethical Situation.Ethical Analysis.What Would You Do?The Hospitality Industry in Court.What Did You Learn In This Chapter.Rapid Review.Team Activity.Chapter 2. Hospitality Contracts.2.1 Introduction to Contracts.Written and Verbal Contracts.Components of an Enforceable Contract.2.2 Introduction to Hospitality Contracts.Common Hospitality Contracts.The Uniform Commercial Code (UCC).Forecasting Contract Capacity.Establishing an Effective Reservation System.Legally Managing at Work: Reducing No-Show Reservations.2.3 Essential Hospitality Contract Clauses.Essential Clauses for Providing Products and Services to Guests.Essential Clauses for Receiving Products and Services.Exculpatory Clauses.2.4 Preventative Legal Management and Contracts.Breach of Contract.Remedies and Consequences of Breaching an Enforceable Contract.Statute of Limitations.Preventing Breach of Contract.Legally Managing at Work: Eight Steps for Managers When Drawing Up Contracts.International Snapshot: International Contracts.What Would You Do?The Hospitality Industry in Court.What Did You Learn In This Chapter.Rapid Review.Team Activity.Chapter 3. Hospitality Operating Structures.3.1 The Importance of Proper Organizational Structure.3.2 Common Hospitality Organizational Structures.Sole Proprietorship.General Partnership.Limited Partnership (LP).C Corporation.S Corporation.Limited Liability Company (LLC).The Agency Relationship.3.3 The Hospitality Franchise.Franchise Disclosure.The Franchise Rule.The Franchise Offering Circular.Purchasing a Franchise.Operating as a Franchise.Selling the Franchise.Legal Responsibilities of Franchisees.International Snapshot.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 4. Legally Managing Property.4.1 Introduction to Property.Real Property.Fixtures.Personal Property.4.2 Purchasing Property.Purchasing Real Property.Purchasing Personal Property.4.3 Financing the Purchase of Property.Debtor and Creditor Relationship.Mortgages and Deeds of Trust.Security Agreements.Financing Statements.4.4 Leasing Property.Essential Lease Terms as a Lessor.Essential Lease Terms as a Lessee.The Buy vs. Lease Decision.Legally Managing at Work: Legal Considerations of Buying versus Leasing.4.5 Respecting Intellectual Property Rights.Trademark.Patent.Copyright.Trade Dress.Preventing Intellectual Property Rights Infringement.International Snapshot: U.S. Hotel Companies Seeking Trademark Protection May Now File in U.S. for Protection Abroad.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 5. Regulatory and Administrative Concerns in the Hospitality Industry.5.1 Federal Regulatory and Administrative Agencies.Internal Revenue Service (IRS).Occupational Safety and Health Administrative (OSHA).Environmental Protection Agency (EPA).Food and Drug Administration (FDA).Equal Employment Opportunity Commission (EEOC).Bureau of Alcohol, Tobacco, and Firearms (ATF).Department of Labor (DOL).Department of Justice (DOJ).5.2 State Regulatory and Administrative Agencies.Employment Security Agency.Alcohol Beverage Commission.Treasury Department/Controller.Attorney General.Public Health Department.Transportation.5.3 Local Regulatory and Administrative Agencies.Health and Sanitation.Building and Zoning.Courts and Garnishment.Historical Preservation.Fire Department.Law Enforcement.Tax Assessor/Collector.5.4 Managing Conflicting Regulations.5.5 Responding to an Inquiry.Legally Managing at Work: Recommended Steps for Responding to Inquiries and Complaints by Government Agencies.5.6 Monitoring Regulatory Change.International Snapshot: Immigration.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 6. Managing Insurance.6.1 Introduction to Insurance.6.2 Types of Coverage.Property-Casualty.Liability.Employee Liability.Health/Dental/Vision.Workers' Compensation.6.3 Selecting an Insurance Carrier.6.4 Selecting the Insurance Policy.6.5 Policy Analysis.International Snapshot: Hotels Operating Internationally Need to Think Globally About Their Insurance Programs.What Would You Do?.The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 7. Legally Selecting Employees.7.1 Employee Selection.Job Descriptions.Job Qualifications.Applicant Screening.7.2 Discrimination in the Selection Process.Civil Rights Act of 1964, Title VII.Americans with Disabilities Act.Legally Managing at Work: Accommodating Disabled Employees.Age Discrimination in Employment Act.7.3 Verification of Eligibility to Work.Immigration Reform and Control Act.Fair Labor Standards Act of 1938.7.4 The Employment Relationship.At-Will Employment.Labor Unions and Collective Bargaining.International Snapshot.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 8. Legally Managing Employees.8.1 Employment Relationships.Offer Letter.Employee Manual.8.2 Workplace Discrimination and Sexual Harassment.Preventing Discrimination.Managing Diversity.Sexual Harassment.Employer Liability.Zero Tolerance.Investigating a Complaint.Resolving a Complaint.Third-Party Harassment.Liability Insurance.8.3 Family and Medical Leave Act.8.4 Compensation.Minimum Wage and Overtime.Tipped Employees.Legally Managing at Work: Calculating Overtime Pay for Tipped Employees.Tip Pooling.Taxes and Credits.8.5 Managing Employee Performance.Evaluation.Discipline.Termination.Legally Managing at Work: Guidelines for conducting Defensible Employee Terminations.In-House Dispute Resolution.8.6 Unemployment Claims.Claims and Appeals.8.7 Employment Records and Retention.Department of Labor Records.Immigration-Related Records.Records Required by the ADEA.8.8 Employment Posters.8.9 Workplace Surveillance.International Snapshot: Managing Employees Abroad.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 9. Your Responsibilities as a Hospitality Operator.9.1 Duties and Obligations of a Hospitality Operator.Duties of Care.Standards of Care.9.2 Theories of Liability.Reasonable Care.Torts.Negligence.Gross Negligence.Contributory and Comparative Negligence.Strict Liability.Intentional Acts.Intentional Acts of Third Parties.Negligence Per Se.9.3 Legal Damages.9.4 Anatomy of a Personal Injury Lawsuit.Personal Injury.Demand Letter.Filing a Petition.Discovery.Trial and Appeal.Legally Managing at Work: The Manager's Role in Litigation.Alternative Dispute Resolution.9.5 Responding to an Incident.Legally Managing at Work: Responding to an Accident.International Snapshot: Negligence.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 10. Your Responsibilities as a Hospitality Operator to Guests.10.1 Accommodating Guests.Definition of a Guest.Admitting Guests.Denying Admission to Guests.10.2 Guest Privacy.Guest Room Privacy.Legally Managing at Work: Law Enforcement and Guest Privacy.Guest Records Privacy.10.3 Facility Maintenance.Safe Environment.Americans with Disabilities Act (ADA), Title III.Legally Managing at Work: Five Steps to Facility Evaluation.10.4 Responsibilities to Nonguests.Guests of Guests.Invitees.Trespassers.10.5 Removal of Guests.Lack of Payment.Inappropriate Conduct.Overstays.Accident, Illness, or Death.Legally Managing at Work: Responding to Guest Health Emergencies.International Snapshot.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 11. Your Responsibilities for Guest Property.11.1 Liability for Guests' Property.Common Law Liability.Limits on Common Law Liability.Ensuring the Limitation of Liability.11.2 Bailments.Bailment Relationship.Types of Bailment.Liability under a Bailment Relationship.Detained Property.Innkeeper's Lien.11.3 Property with Unknown Ownership.Mislaid Property.Lost Property.Abandoned Property.Disposing of Unclaimed Property.Legally Managing at Work: Disposing of Found Property.International Snapshot: Limited Liability of Innkeepers in Canada.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 12. Your Responsibilities When Serving Food and Beverages.12.1 Serving Food.Uniform Commercial Code Warranty.Guest Safety.Legally Managing at Work: Steps to Take When a Guest Complains of Foodborne Illness.12.2 Truth in Menu.Preparation Style.Ingredients.Origin.Size.Health Benefits.12.3 Serving Alcohol.Privilege of Alcohol Service.Liability Associated with Alcohol Service.Training for Responsible Service.International Snapshot: International Perspective on Food and Beverage Litigation.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 13. Legal Responsibilities in Travel and Tourism.13.1 Travel.The Travel Industry.Regulatory Interaction and Oversight.13.2 Travel Agents and Tour Operators.Travel Agents.Tour Operators.13.3 Transportation and Common Carriers.The Transportation Industry.Regulation in the Transportation Industry.Potential Liability Issues.13.4 Tourism.Unique Responsibilities of Gaming Operations.Unique Responsibilities of Resort/ Time-share Operations.Unique Responsibilities of Amusement Park Operations.13.5 Online Travel Sales.The Online Travel Sales Industry.Legal Issues Related to Online Travel Sales.Legally Managing at Work: Internet Advertising Checklist.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Chapter 14. Safety and Security Issues.14.1 The Importance of a Protected Environment.Safety and Security Management.Crisis Management.Advantages of Preplanning.14.2 Safety and Security Programs: Four-Step Safety and Security Management Method.Recognition of Threat.Program Development.Program Implementation.Legally Managing at Work: Establishing an Effective Guestroom Lock Policy.Monitoring Program Results.14.3 Crimes against Hospitality Businesses.Consumer Theft of Services.Legally Managing at Work: Procedures to help Reduce food and Beverage Skips.Fraudulent Payment.Legally Managing at Work: Guidelines for Handling Credit Cards.Legally Managing at Work: Personal Check Verification.Internal Theft of Assets.14.4 Crisis Management Programs.Precrisis Planning.Emergency Plan Development.Emergency Plan Practice.Crisis Response.Legally Managing at Work: The Manager's Responsibilities in a Crisis.Legally Managing at Work: Guest Relations in a Crisis Situation.Media Relations.Legally Managing at Work: Guidelines for Dealing with the Media during a Crisis.Postcrisis Assessment.What Would You Do?The Hospitality Industry In Court.What Did You Learn In This Chapter?Rapid Review.Team Activity.Index.