Hospitality Law: Managing Legal Issues in the Hospitality Industry, 2nd Edition

by Stephen Barth; David K. Hayes (Lansing, Michigan)

• ISBN13: 9780471464259
• ISBN10: 0471464252
• Edition: 2nd
• Format: Hardcover
• Copyright: 2005-02-01
• Publisher: Wiley

Summary

Reliable advice to help hospitality managers prevent legal problems and avoid litigation.Is an unhappy restaurant guest legally entitled to a refund for food she ate? Is a hotel required to replace money that a guest claims was taken from his room? Can a hospital food and beverage director legally accept a holiday gift from a vendor without threatening her employment status?Hospitality Law, Second Edition provides readers with answers to these questions and more. Packed with interactive exercises as well as up-to-date legal information specific to the hospitality industry,Hospitality Law benefits students by emphasizing preventive legal management and effective decision-making.ThisSecond Edition gives students and managers background on safety and security requirements, disputes with customers, hiring and firing employees, liabilities associated with serving alcohol, and much more, including: New coverage of legal issues in travel and tourism, including those associated with transportation, travel agents, tour operators, gaming, mixed-use, and timeshare properties Newly added real-world legal case summaries that illustrate the practical application of hospitality laws in actual hospitality operations. Each case summary features a "Message to Management" that gives the reader a clear explanation of the impact of the decision on best practices, as well as preventative measures managers can take to limit exposure New coverage of legal issues related to amusement parks and the Internet booking phenomenon New "International Snapshots" offering insights from practicing attorneys and other professionals regarding differences between U.S. and international laws related to hospitality Updated Web exercises and guidance for researching on the Internet Encouraging readers to think critically about legal concepts related to hospitality,Hospitality Law, Second Edition is an indispensable part of every hospitality manager's education.

Author Biography

Stephen Barth is Professor of Hospitality Law and Leadership at the Conrad N. Hilton College of Hotel and Restaurant Management at the University of Houston, Texas.

Table of Contents

Preface	xi
Prevention Philosophy	1	(18)
The Future Hospitality Manager and the Legal Environment	2	(1)
The Hospitality Manager and Legal Management	3	(3)
Historical Origins of the Law	4	(1)
The Evolutionary Nature of Common Law	5	(1)
Preventative Legal Management	6	(3)
Stem the Tide of Litigation	7	(1)
Legally Managing at Work: Applying the STEM Process in Hospitality Management	7	(2)
Ethics and the Law	9	(10)
An Ethical Situation	9	(1)
Ethical Analysis	10	(6)
What Would You Do?	16	(1)
The Hospitality Industry in Court	16	(1)
What Did You Learn in This Chapter?	16	(1)
Rapid Review	16	(1)
Team Activity	17	(2)
Hospitality Contracts	19	(38)
Introduction to Contracts	21	(10)
Written and Verbal Contracts	21	(5)
Components of an Enforceable Contract	26	(5)
Introduction to Hospitality Contracts	31	(7)
Common Hospitality Contracts	31	(2)
The Uniform Commercial Code (UCC)	33	(1)
Forecasting Contract Capacity	34	(1)
Establishing an Effective Reservation System	35	(2)
Legally Managing at Work: Reducing No-Show Reservations	37	(1)
Essential Hospitality Contract Clauses	38	(9)
Essential Clauses for Providing Products and Services to Guests	38	(4)
Essential Clauses for Receiving Products and Services	42	(4)
Exculpatory Clauses	46	(1)
Preventative Legal Management and Contracts	47	(10)
Breach of Contract	47	(1)
Remedies and Consequences of Breaching an Enforceable Contract	47	(1)
Statute of Limitations	48	(1)
Preventing Breach of Contract	49	(1)
Legally Managing at Work: Eight Steps to Follow When Drawing Up Contracts	49	(3)
International Snapshot: International Contracts	52	(1)
What Would You Do?	53	(1)
The Hospitality Industry in Court	53	(2)
What Did You Learn in This Chapter?	55	(1)
Rapid Review	55	(1)
Team Activity	56	(1)
Hospitality Operating Structures	57	(28)
The Importance of Proper Organizational Structure	58	(1)
Common Hospitality Organizational Structures	59	(8)
Sole Proprietorship	59	(1)
General Partnership	60	(1)
Limited Partnership (LP)	60	(1)
C Corporation	61	(1)
S Corporation	62	(1)
Limited Liability Company (LLC)	63	(1)
The Agency Relationship	64	(3)
The Hospitality Franchise	67	(18)
Franchise Disclosure	68	(1)
The Franchise Rule	68	(4)
The Franchise Offering Circular	72	(1)
Purchasing a Franchise	73	(2)
Operating as a Franchise	75	(3)
Selling the Franchise	78	(1)
Legal Responsibilities of Franchisees	79	(1)
International Snapshot: A Comparison of Franchise Disclosure Requirements under United States Law and International Law	80	(1)
What Would You Do?	81	(1)
The Hospitality Industry in Court	81	(1)
What Did You Learn in This Chapter?	82	(1)
Rapid Review	82	(1)
Team Activity	83	(2)
Legally Managing Property	85	(30)
Introduction to Property	86	(3)
Real Property	87	(1)
Fixtures	87	(1)
Personal Property	88	(1)
Purchasing Property	89	(6)
Purchasing Real Property	89	(1)
Purchasing Personal Property	90	(5)
Financing the Purchase of Property	95	(2)
Debtor and Creditor Relationship	95	(1)
Mortgages and Deeds of Trust	96	(1)
Security Agreements	96	(1)
Financing Statements	97	(1)
Leasing Property	97	(8)
Essential Lease Terms as a Lessor	97	(4)
Essential Lease Terms as a Lessee	101	(2)
Rights of the Landlord	103	(1)
The Buy versus Lease Decision	104	(1)
Legally Managing at Work: Legal Considerations of Buying versus Leasing	104	(1)
Respecting Intellectual Property Rights	105	(10)
Trademark	105	(1)
Patent	105	(1)
Copyright	106	(1)
Trade Dress	107	(1)
Preventing Intellectual Property Rights Infringement	107	(3)
International Snapshot: U.S. Hotel Companies Seeking Trademark Protection May Now File in the U.S. for Protection Abroad	110	(1)
What Would You Do?	111	(1)
The Hospitality Industry in Court	111	(2)
What Did You Learn in This Chapter?	113	(1)
Rapid Review	114	(1)
Team Activity	114	(1)
Regulatory and Administrative Concerns in the Hospitality Industry	115	(32)
Federal Regulatory and Administrative Agencies	116	(12)
Internal Revenue Service (IRS)	117	(2)
Occupational Safety and Health Administrative (OSHA)	119	(3)
Environmental Protection Agency (EPA)	122	(2)
Food and Drug Administration (FDA)	124	(1)
Equal Employment Opportunity Commission (EEOC)	124	(1)
Bureau of Alcohol, Tobacco, and Firearms (ATF)	125	(1)
Department of Labor (DOL)	126	(1)
Department of Justice (DOJ)	127	(1)
State Regulatory and Administrative Agencies	128	(5)
Employment Security Agency	128	(1)
Alcohol Beverage Commission (ABC)	128	(2)
Treasury Department/Controller	130	(1)
Attorney General	131	(1)
Public Health Department	132	(1)
Department of Transportation	133	(1)
Local Regulatory and Administrative Agencies	133	(3)
Health and Sanitation	133	(1)
Building and Zoning	133	(1)
Courts and Garnishment	134	(1)
Historical Preservation	134	(1)
Fire Department	134	(2)
Law Enforcement	136	(1)
Tax Assessor/Collector	136	(1)
Managing Conflicting Regulations	136	(2)
Responding to an Inquiry	138	(2)
Legally Managing at Work: Recommended Steps for Responding to Inquiries and Complaints by Government Agencies	138	(2)
Monitoring Regulatory Change	140	(7)
International Snapshot: Immigration	143	(1)
What Would You Do?	144	(1)
The Hospitality Industry in Court	144	(1)
What Did You Learn in This Chapter?	145	(1)
Rapid Review	145	(1)
Team Activity	146	(1)
Managing Insurance	147	(17)
Introduction to Insurance	148	(3)
Types of Coverage	151	(4)
Property-Casualty	151	(1)
Liability	152	(1)
Employee Liability	152	(1)
Dram Shop	153	(1)
Health/Dental/Vision	153	(1)
Workers' Compensation	153	(2)
Selecting an Insurance Carrier	155	(1)
Selecting the Insurance Policy	156	(1)
Policy Analysis	157	(7)
What Would You Do?	159	(1)
International Snapshot: Hotels Operating Internationally Need to Think Globally about Their Insurance Programs	160	(2)
The Hospitality Industry in Court	162	(1)
What Did You Learn in This Chapter?	163	(1)
Rapid Review	163	(1)
Team Activity	163	(1)
Legally Selecting Employees	164	(33)
Employee Selection	167	(11)
Job Descriptions	167	(1)
Job Qualifications	168	(2)
Applicant Screening	170	(8)
Discrimination in the Selection Process	178	(4)
Civil Rights Act of 1964, Title VII	178	(2)
Americans with Disabilities Act	180	(1)
Legally Managing at Work: Accommodating Disabled Employees	181	(1)
Age Discrimination in Employment Act	182	(1)
Verification of Eligibility to Work	182	(6)
Immigration Reform and Control Act	182	(1)
Fair Labor Standards Act of 1938	183	(5)
The Employment Relationship At-Will Employment	188	(9)
Labor Unions and Collective Bargaining	188	(3)
International Snapshot: Canadian Employment Laws	191	(1)
What Would You Do?	192	(1)
The Hospitality Industry in Court	193	(1)
What Did You Learn in This Chapter?	194	(1)
Rapid Review	195	(1)
Team Activity	195	(2)
Legally Managing Employees	197	(43)
Employment Relationships	198	(3)
Offer Letter	199	(1)
Employee Manual	199	(2)
Workplace Discrimination and Sexual Harassment	201	(9)
Preventing Discrimination	201	(1)
Managing Diversity	202	(1)
Sexual Harassment	203	(1)
Employer Liability	203	(1)
Zero Tolerance	204	(2)
Investigating a Complaint	206	(3)
Resolving a Complaint	209	(1)
Third-Party Harassment	210	(1)
Liability Insurance	210	(1)
Family and Medical Leave Act	210	(1)
Compensation	211	(6)
Minimum Wage and Overtime	211	(2)
Tipped Employees	213	(1)
Legally Managing at Work: Calculating Overtime Pay for Tipped Employees	214	(1)
Tip Pooling	214	(1)
Taxes and Credits	215	(2)
Managing Employee Performance	217	(7)
Evaluation	217	(1)
Discipline	218	(1)
Termination	219	(2)
Legally Managing at Work: Guidelines for Conducting Defensible Employee Terminations	221	(1)
In-House Dispute Resolution	222	(2)
Unemployment Claims	224	(3)
Claims and Appeals	226	(1)
Employment Records and Retention	227	(2)
Department of Labor (DOL) Records	227	(2)
Immigration-Related Records	229	(1)
Records Required by the ADEA	229	(1)
Employment Posters	229	(2)
Workplace Surveillance	231	(9)
International Snapshot: Managing Employees Abroad	233	(1)
What Would You Do?	234	(1)
The Hospitality Industry in Court	234	(2)
What Did You Learn in This Chapter?	236	(1)
Rapid Review	236	(1)
Team Activity	237	(3)
Your Responsibilities as a Hospitality Operator	240	(21)
Duties and Obligations of a Hospitality Operator	240	(2)
Duties of Care	240	(2)
Standards of Care	242	(1)
Theories of Liability	242	(5)
Reasonable Care	242	(1)
Torts	243	(1)
Negligence	243	(1)
Gross Negligence	244	(1)
Contributory and Comparative Negligence	244	(1)
Strict Liability	245	(1)
Intentional Acts	246	(1)
Negligence Per Se	246	(1)
Legal Damages	247	(1)
Anatomy of a Personal Injury Lawsuit	247	(5)
Personal Injury	247	(1)
Demand Letter	248	(1)
Filing a Petition	249	(1)
Discovery	250	(1)
Trial and Appeal	250	(1)
Legally Managing at Work: The Manager's Role in Litigation	250	(1)
Alternative Dispute Resolution	251	(1)
Responding to an Incident	252	(9)
Legally Managing at Work: Responding to an Accident	252	(5)
International Snapshot: Negligence	257	(1)
What Would You Do?	257	(1)
The Hospitality Industry in Court	258	(1)
What Did You Learn in This Chapter?	259	(1)
Rapid Review	259	(1)
Team Activity	260	(1)
Your Responsibilities as a Hospitality Operator to Guests	261	(24)
Accommodating Guests	263	(5)
Definition of a Guest	263	(2)
Admitting Guests	265	(1)
Denying Admission to Guests	266	(2)
Guest Privacy	268	(2)
Guestroom Privacy	268	(1)
Legally Managing at Work: Law Enforcement and Guest Privacy	269	(1)
Privacy of Guest Records	270	(1)
Facility Maintenance	270	(5)
Safe Environment	270	(3)
Americans with Disabilities Act (ADA), Title III	273	(1)
Legally Managing at Work: Five Steps to Facility Evaluation	274	(1)
Responsibilities to Nonguests	275	(2)
Guests of Guests	275	(1)
Invitees	276	(1)
Trespassers	276	(1)
Removal of Guests	277	(8)
Lack of Payment	277	(1)
Inappropriate Conduct	278	(1)
Overstays	278	(1)
Accident, Illness, or Death	279	(1)
Legally Managing at Work: Responding to Guest Health Emergencies	279	(1)
International Snapshot: Should Foreign Governments Adopt Provisions from the USA Patriot Act to Combat Terrorist Acts against the Hospitality Industry	280	(1)
What Would You Do?	281	(1)
The Hospitality Industry in Court	281	(1)
What Did You Learn in This Chapter?	282	(1)
Rapid Review	283	(1)
Team Activity	283	(2)
Your Responsibilities For Guests' Property	285	(18)
Liability For Guests' Property	286	(4)
Common Law Liability	287	(1)
Limits on Common Law Liability	287	(2)
Ensuring the Limitation of Liability	289	(1)
Bailments	290	(5)
Bailment Relationship	290	(1)
Types of Bailment	291	(1)
Liability under a Bailment Relationship	292	(1)
Detained Property	293	(1)
Innkeeper's Lien	294	(1)
Property with Unknown Ownership	295	(8)
Mislaid Property	295	(1)
Lost Property	295	(1)
Abandoned Property	296	(1)
Disposing of Unclaimed Property	297	(1)
Legally Managing at Work: Disposing of Found Property	297	(1)
International Snapshot: Limited Liability of Innkeepers in Canada	298	(1)
What Would You Do?	298	(1)
The Hospitality Industry in Court	299	(1)
What Did You Learn in This Chapter?	300	(1)
Rapid Review	300	(1)
Team Activity	301	(2)
Your Responsibilities When Serving Food and Beverages	303	(26)
Serving Food	305	(4)
Uniform Commercial Code Warranty	305	(1)
Guest Safety	306	(1)
Legally Managing at Work: Steps to Take When a Guest Complains of Foodborne Illness	307	(2)
Truth in Menu Laws	309	(3)
Preparation Style	311	(1)
Ingredients	311	(1)
Origin	312	(1)
Size	312	(1)
Health Benefits	312	(1)
Serving Alcohol	312	(17)
Privilege of Alcohol Service	312	(5)
Liability Associated with Alcohol Service	317	(3)
Training for Responsible Service	320	(4)
International Snapshot: International Perspective on Food and Beverage Litigation	324	(1)
What Would You Do?	325	(1)
The Hospitality Industry in Court	325	(1)
What Did You Learn in This Chapter?	326	(1)
Rapid Review	327	(1)
Team Activity	327	(2)
Legal Responsibilities in Travel and Tourism	329	(48)
Travel	331	(5)
The Travel Industry	331	(2)
Economic Breadth and Impact	333	(1)
Regulatory Interaction and Oversight	333	(2)
Complexity of Legal Issues	335	(1)
Regulatory Interaction and Oversight	336	(9)
U.S. Government Agencies	336	(8)
International Organizations	344	(1)
Travel Agents and Tour Operators	345	(8)
Travel Agents	345	(4)
Tour Operators	349	(4)
Transportation and Common Carriers	353	(7)
The Transportation Industry	353	(4)
Regulation in the Transportation Industry	357	(1)
Potential Liability Issues	358	(2)
Tourism	360	(7)
Unique Responsibilities of Gaming Operations	360	(3)
Unique Responsibilities of Resort/ Time-share Operations	363	(2)
Unique Responsibilities of Amusement Park Operations	365	(2)
Online Travel Sales	367	(10)
Background of the Online Travel Sales Industry	367	(1)
Legal Issues Related to Online Travel Sales	368	(3)
Legally Managing at Work: Internet Advertising Checklist	371	(2)
What Would You Do?	373	(1)
The Hospitality Industry in Court	373	(1)
What Did You Learn in This Chapter?	374	(1)
Rapid Review	375	(1)
Team Activity	375	(2)
Safety and Security Issues	377	(38)
The Importance of a Protected Environment	379	(3)
Safety and Security Management	379	(1)
Crisis Management	380	(1)
Advantages of Preplanning	381	(1)
Safety and Security Programs: Four-Step Safety and Security Management Method	382	(13)
Recognition of Threat	383	(1)
Program Development	384	(5)
Program Implementation	389	(2)
Legally Managing at Work: Establishing an Effective Guestroom Lock Policy	391	(2)
Monitoring Program Results	393	(2)
Crimes Against Hospitality Businesses	395	(5)
Consumer Theft of Services	395	(1)
Legally Managing at Work: Procedures to Reduce the Incidence of Skipping	395	(1)
Fraudulent Payment	396	(1)
Legally Managing at Work: Guidelines for Handling Credit Cards	397	(1)
Legally Managing at Work: Personal Check Verification	398	(1)
Internal Theft of Assets	399	(1)
Crisis Management Programs	400	(15)
Precrisis Planning	400	(1)
Emergency Plan Development	401	(2)
Emergency Plan Practice	403	(1)
Crisis Response	404	(1)
Legally Managing at Work: The Manager's Responsibilities in a Crisis	405	(2)
Legally Managing at Work: Guest Relations in a Crisis Situation	407	(1)
Media Relations	407	(1)
Legally Managing at Work: Guidelines for Dealing with the Media during a Crisis	408	(1)
Postcrisis Assessment	409	(1)
What Would You Do?	410	(1)
The Hospitality Industry in Court	411	(1)
What Did You Learn in This Chapter?	412	(1)
Rapid Review	412	(1)
Team Activity	413	(2)
Index	415