Hospitality Law

• PREFACE ixACKNOWLEDGMENTS xiii1 Prevention Philosophy 11.1 The Future Hospitality Manager And The Legal Environment 11.2 The Hospitality Manager and Legal Management 2 Legally Managing at Work: Applying the STEM Process in Hospitality Management  51.3 Ethics and the Law 6International Snapshot: Mitigating Risks Associated with Legal and Ethical Compliance in International Business Transactions 12What Would You Do? 13What Did You Learn in This Chapter? 132 Government Agencies That Impact the Hospitality Industry 152.1 Federal Regulatory and Administrative Agencies 152.2 State Regulatory and Administrative Agencies 292.3 Local Regulatory and Administrative Agencies 332.4 Regulatory Interaction and Oversight Impacting Travel and Tourism 352.5 Managing Conflicting Regulations 40Legally Managing at Work: Recommended Steps for Responding to Inquiries and Complaints by Government Agencies 402.6 Responding to an Inquiry 412.7 Monitoring Regulatory Change 42International Snapshot: Immigration 42What Would You Do? 43What Did You Learn in This Chapter 443 Hospitality Business Structures 453.1 The Importance of Business Structure 453.2 Common Hospitality Organizational Structures 463.3 Common Hospitality Operating Structures 513.4 The Agency Relationship 55International Snapshot: A Comparative Overview of Business Entities in the Hotel Industry 58What Would You Do? 58What Did You Learn in This Chapter? 584 Contract Basics 594.1 Introduction to Contracts 594.2 Components of an Enforceable Contract 614.3 The Uniform Commercial Code 644.4 Preventative Legal Management and Contracts 65Legally Managing at Work: Eight Steps to Follow When Entering into Contracts 67Legally Managing at Work: Reducing No-Show Reservations 70International Snapshot: International Contracts 71What Would You Do? 72What Did You Learn In This Chapter? 725 Significant Hospitality Contracts 735.1 Specific Contract Clauses 735.2 Franchise Contracts 805.3 Management Contracts 845.4 Conference Services Contracts 87International Snapshot: A Comparison of Franchise Disclosure Requirements under U.S. Law and International Law 93What Would You Do? 94What Did You Learn In This Chapter? 946 Legally Managing Property 956.1 Introduction to Property 956.2 Purchasing Property 976.3 Financing the Purchase of Property 1026.4 Leasing Property 105Legally Managing at Work: Legal Considerations of Buying versus Leasing 1096.5 Respecting Intellectual Property Rights 110International Snapshot: U.S. Hotel Companies’ Options for Seeking Trademark Protection Abroad 114What Would You Do? 115What Did You Learn in This Chapter? 1157 Legally Selecting Employees 1177.1 Employee Selection 1177.2 Discrimination in the Selection Process 126Legally Managing at Work: Accommodating Disabled Employees 1287.3 Verification of Eligibility to Work 1297.4 The Employment Relationship 134International Snapshot: Canadian Employment Laws 137What Would You Do? 138What Did You Learn in This Chapter? 1388 Legally Managing Employees 1398.1 Employment Relationships 1398.2 Workplace Discrimination and Sexual Harassment 1418.3 Family and Medical Leave Act 1488.4 Uniform Services Employment and Reemployment Rights Act 1498.5 Compensation 149Legally Managing at Work: Calculating Overtime Pay for Tipped Employees 1548.6 The Patient Protection and Affordable Care Act of 2010 1568.7 Managing Employee Performance 157Legally Managing at Work: Guidelines for Conducting Defensible Employee Terminations 1608.8 Unemployment Claims 1618.9 Employment Records and Retention 1648.10 Employment Posting 1668.11 Workplace Surveillance 166International Snapshot: Managing Employees Abroad 168What Would You Do? 169What Did You Learn in This Chapter? 1699 Your Responsibilities as a Hospitality Operator 1719.1 Duties and Obligations of a Hospitality Operator 1719.2 Theories of Liability 1729.3 Legal Damages 1769.4 Anatomy of a Personal Injury Lawsuit 176Legally Managing at Work: The Manager’s Role in Litigation 1809.5 Responding to an Incident 180Legally Managing at Work: Responding to an Accident 181International Snapshot: Negligence 184What Would You Do? 184What Did You Learn in This Chapter? 18510 Your Responsibilities as a Hospitality Operator to Guests 18710.1 Accommodating Guests 18710.2 Guest Privacy 191Legally Managing at Work: Law Enforcement and Guest Privacy 19210.3 Facility Maintenance 193Legally Managing at Work: Five Steps to Facility Evaluation 19610.4 Responsibilities to Nonguests 19710.5 Removal of Guests 198Legally Managing at Work: Responding to Guest Health Emergencies 200International Snapshot: Should Foreign Governments Adopt Provisions from the USA PATRIOT Act to Combat Terrorist Acts against the Hospitality Industry? 200What Would You Do? 201What Did You Learn in This Chapter? 20111 Your Responsibilities for Guests’ Property 20311.1 Liability For Guests’ Property 20311.2 Bailments 20511.3 Property with Unknown Ownership 209Legally Managing at Work: Disposing of Found Property 211International Snapshot: Limited Liability of Innkeepers in Canada 211What Would You Do? 212What Did You Learn in This Chapter? 21212 Your Responsibilities When Serving Food and Beverages 21312.1 Serving Food 213Legally Managing at Work: Steps to Take When a Guest Complains of Foodborne Illness 21512.2 Truth-in-Menu Laws 21612.3 Serving Alcohol 221International Snapshot: Understanding Barriers to Entry and Regulatory Requirements for Foreign Producers of Alcohol Seeking to Import to the United States 228What Did You Learn in This Chapter? 22913 Legal Characteristics of Travel and Tourism 23113.1 Travel 23113.2 Travel Agents and Tour Operators 23513.3 Transportation and Common Carriers 24013.4 Tourism 24613.5 Online Travel Sales 251Legally Managing at Work: Internet Advertising Checklist 255International Snapshot: Government Support of Tourism 255What Would You Do? 256What Did You Learn in This Chapter? 25714 Safety and Security Issues 25914.1 The Importance of a Protected Environment 25914.2 Safety and Security Programs: Four-Step Safety and Security Management Method 262Legally Managing at Work: Establishing an Effective Guestroom Lock Policy 26614.3 Crimes against Hospitality Businesses 268Legally Managing at Work: Procedures to Reduce the Incidence of Skipping 269Legally Managing at Work: Guidelines for Handling Credit Cards 270Legally Managing at Work: Personal Check Verification 27114.4 Human Trafficking 27314.5 Crisis Management Programs 274Legally Managing at Work: The Manager’s Responsibilities in a Crisis 277Legally Managing at Work: Guest Relations in a Crisis Situation 278Legally Managing at Work: Guidelines for Dealing with the Media during a Crisis 279International Snapshot: Legal Claims and Recovery for Injury under Mexican Law 282What Would You Do? 282What Did You Learn in This Chapter? 28215 Managing Insurance 28315.1 Introduction to Insurance 28315.2 Types of Coverage 28515.3 Selecting an Insurance Carrier 28915.4 Selecting the Insurance Policy 28915.5 Policy Analysis 290International Snapshot: Hotels Operating Internationally Need to Think Globally 292What Would You Do? 293What Did You Learn in This Chapter? 294GLOSSARY 295INDEX 301

“… clear and reader-friendly and demonstrates the relationships between different approaches to performing hospitality and the contracts and agreements that result from them. … The authors’ main advice is to act responsibly, and they give explicit context-dependent examples as to how responsible conduct may be achieved.” - Int J Semiot Law (2024) 37:283–291