With decades of relevant experience, Venable attorneys recognize the importance of paying attention to every aspect of the employer-employee relationship in the hospitality industry. Our experience across a wide range of industries and practice areas can help you control your labor costs, avoid workplace disputes, and defend yourself when litigation arises.
Hospitality - Labor and Employment Law
Experience
Experience
Listed below are representative engagements that Venable has handled as labor and employment counsel on behalf of hotels, restaurants, and gaming and catering companies:
Traditional Labor Law
- Trained hotel managers on the dos and don’ts of employer conduct during a union organizing campaign
- Advised and negotiated with unions regarding hotel shutdowns
- Defended against union pressure tactics related to collective bargaining, including court injunctions and NLRB unfair labor practice charges
- Successfully defeated a union’s organizing campaign at a national hotel employer before the NLRB
- Bargained with numerous unions over area contracts and project labor agreements
Employment Litigation
- Defended a national restaurant chain against a discrimination class action filed by the U.S. Equal Employment Opportunity Commission
- Defeated class certification of a nationwide discrimination class action for a national food service provider
- Defended hotel and restaurant employers against individual and class action wage-and-hour suits under federal and state law
- Challenged OSHA citations on behalf of national hotels and restaurants
- Represented restaurant and hotel chains in arbitrations and lawsuits arising from employee terminations
- Litigated sexual harassment claims asserted against hospitality employers
Advice and Counseling
- Created new tip pooling and tip sharing programs for caterers and restaurant chains in order to comply with state and federal wage-and-hour laws
- Counseled hotel and restaurant employers on how to respond to governmental inquiries regarding access accommodations for disabled patrons
- Advised hotel on how to comply with government contract affirmative action and OFCCP requirements
- Drafted employee non-compete and trade secret agreements
- Trained hospitality managers on hot topics in labor and employment law, including the “Card Check” bill, wage-and-hour class actions, and employee harassment claims
- Counseled national hospitality employers on how to implement company-wide layoffs
- Drafted voluntary and involuntary severance agreements related to a national hotel’s reduction in force
- Advised and negotiated on behalf of a national hospitality employer for multi-employer plans under the Pension Plan Protection Act
- Counseled employers regarding how to reduce their exposure to withdrawal liability
- Audited hotels’ and restaurants’ I-9 (employment authorization) forms and trained managers on employment authorization practices to avoid fines and penalties under the immigration laws
- Advised hospitality clients regarding the classification of their independent contractors
Mergers and Acquisitions
- Advised national hotels regarding labor, employment, and employee benefits issues pertaining to contemplated corporate transactions
- Conducted due diligence of potential labor, employment, and employee benefit liabilities for corporate purchasers
Recognition
Recognition
- Chambers USA, Leisure & Hospitality, Nationwide, 2016 – 2023
- The Best Lawyers in America, 2012 – 2022 (Venable attorneys selected for inclusion)