For the past several years, there has been a nationwide trend to restrict the use of employee non-compete agreements both at the state and federal levels, culminating with the Final Rule issued by the Federal Trade Commission ("FTC") in April 2024, purporting to ban non-compete agreements in most employer/employee situations. While the FTC's Final Rule was by far the most significant change that has ever occurred in the context of non-compete law, that law has now been put on hold, at least for the time being, while the courts decide its fate.

Accordingly, now more than ever, hospitality owners and operators must both be aware of and also remain informed about these significant legal developments, so that they can best protect their companies while also making sure that they are complying with the law.

This session will provide an update on the overall status of non-competes in the United States, including an update on the status of the FTC Rule, its interaction with state laws, and practical steps for you and your company to take to comply with the law while still protecting your assets and investment in current and future employees.

On January 1, 2024, the Corporate Transparency Act ("CTA"), first passed by Congress in 2021, took effect. In an attempt to combat money laundering and other financial crimes, the CTA requires most business entities to file reports with the Financial Crimes Enforcement Network, a subdivision of the United States Department of Treasury, disclosing its ownership and management information, and information about the individual who created the entity or registered it to do business in the United States. But despite the CTA now being in effect for more than six months, many entities have yet to comply. There is one looming question – is it really here to stay?

This session will be a comprehensive walk-through and guide through the intricacies of the arbitration process, of offering insights and practical strategies to effectively navigate the arbitration process. From the filing of the arbitration, to the final award, tips will be given along the way to ensure a smooth arbitration process.

This presentation will cover:

>Practical strategies for defending class and PAGA actions in the hospitality industry
>Navigating joint employer challenges
>Addressing class claims and arbitration
>Mitigation tactics: implementing class and representative action waivers

Plaintiffs’ attorneys love wage and hour lawsuits. Why? Claims result in costly judgments and settlements for technical violations, the statute of limitations is lengthy and potential back pay significant, collective actions will cover all employees that worked during the period in question; there is the potential for liquidated damages and automatic attorney’s fees. This session will provide a refresher and best practices on the sometimes unique pitfalls for hospitality employers – overtime, off the clock work, meal and rets periods, tip credit and tip pooling and so much more.

If you have ever purchased a business with alcohol and food licenses on a tight timeline, you know how hard it can be to have a seamless transition with licensing and permitting when you close. Sometimes interim management agreements are the only option in order to prevent an interruption in sales and service.

This presentation will discuss jurisdiction-specific issues related to interim management agreements, and will review some key terms to have in those agreements.

The valuation of a hotel is anything but ordinary. While the basics of supply and demand dictate value, hotel operations are far more complex than what takes place in most other types of real estate. There are also a variety of purposes for which an appraisal is needed, and each may dictate its own set of rules and requirements. Selecting the right appraiser for the right assignment is more nuanced than often realized. This presentation will highlight the key issues and questions counsel should keep in mind when selecting a hotel appraiser.

This session will explore the challenges mold and Legionella pose in the hospitality industry. Attendees will learn what these harmful microbes are and how they affect health and safety. The presentation will cover the types of environments within hotels and hospitality spaces where mold and Legionella thrive, while also dispelling common myths and misconceptions. Additionally, the session will offer best practices and protocols for effective mold remediation and Legionella prevention, helping businesses protect their guests and remain compliant.

2024 organizational ethics and culture benchmarking reports provide compelling data on employee misconduct, including how misconduct is viewed by the Boomer, Gen X, Millennial, and Gen Z generations. Studies dive into the differences in their willingness to report misconduct, top barriers to reporting, such as a lack of trust in procedural justice, and how nearly 30% of Gen Z and Millennial employees around the world agreed “it is OK to break the rules if needed to get the job done.”