Full Description
New edition of the leading textbook on the complex legal issues which arise in hospitality: restaurants, bars, hotels, and more
Hospitality Law helps teach readers what they need to know to manage a facility legally, safely, and securely, taking an applied approach to the study of hospitality law with its touchstone of compliance and prevention. The legal information provided is carefully selected to specifically correlate with helping readers understand how to do the right thing.
The book is highly pedagogical and includes many interactive exercises and real-world cases that help readers focus on the practical application of hospitality laws and model their decision process to keep employees and guests safe while avoiding liability. The authors immediately help readers learn about the legalities of situations and work through exercises, both individually and in groups, to effectively apply them to hospitality management situations. Many instructors teach their course from a very applied perspective, which aligns with the book's approach.
Updates in this newly revised Sixth Edition of Hospitality Law include:
Details about the latest changes to laws, guidelines, standards, and regulations, including the impact of the COVID-19 pandemic, AI policies in the workplace, website accessibility update for those with disabilities, the ongoing Fentanyl and Human Trafficking crises, and LGTBQ rights in the workplace
Guidance regarding use of social media and mobile devices in hospitality
Recent changes regarding food allergies and other potential hazards
Resources and links updated to the most current information
Revised instructor support materials including PowerPoint slides, an Instructor's Manual, and test banks
Hospitality Law is an excellent learning aid for students in hospitality courses and professionals needing legal insights into the hospitality industry.
Contents
Preface ix
Acknowledgments xiii
About the Companion Website xv
1 Prevention Philosophy 1
1.1 The Future Hospitality Manager and the Legal Environment 1
1.2 The Hospitality Manager and Legal Management 2
Legally Managing at Work: Applying the STEM Process in Hospitality Management 5
1.3 Ethics and the Law 6
International Snapshot: Mitigating Risks Associated with Legal and Ethical Compliance in International Business Transactions 11
What Would You Do? 12
What Did You Learn in this Chapter? 12
2 Government Agencies that Impact the Hospitality Industry 13
2.1 Federal Regulatory and Administrative Agencies 13
2.2 State Regulatory and Administrative Agencies 27
2.3 Local Regulatory and Administrative Agencies 31
2.4 Regulatory Interaction and Oversight Impacting Travel and Tourism 33
2.5 Managing Conflicting Regulations 38
Legally Managing at Work: Recommended Steps for Responding to Inquiries and Complaints by Government Agencies 38
2.6 Responding to an Inquiry 39
2.7 Monitoring Regulatory Change 40
International Snapshot 40
What Would You Do? 42
What Did You Learn in this Chapter? 42
3 Hospitality Business Structures 43
3.1 The Importance of Business Structure 43
3.2 Common Hospitality Organizational Structures 44
3.3 Common Hospitality Operating Structures 49
3.4 The Agency Relationship 53
International Snapshot: A Comparative Overview of Business Entities in the Hotel Industry 56
What Would You Do? 56
What Did You Learn in This Chapter? 56
4 Contract Basics 57
4.1 Introduction to Contracts 57
4.2 Components of an Enforceable Contract 59
4.3 The Uniform Commercial Code 62
4.4 Preventative Legal Management and Contracts 63
Legally Managing at Work: Eight Steps to Follow When Entering into Contracts 65
Legally Managing at Work: Reducing No-show Reservations 68
International Snapshot: International Contracts 69
What Would You Do? 70
What Did You Learn in this Chapter? 70
5 Significant Hospitality Contracts 71
5.1 Specific Contract Clauses 71
5.2 Franchise Contracts 78
5.3 Management Contracts 83
5.4 Conference Services Contracts 86
International Snapshot 92
What Would You Do? 93
What Did You Learn in this Chapter? 93
6 Legally Managing Property 95
6.1 Introduction to Property 95
6.2 Purchasing Property 97
6.3 Financing the Purchase of Property 102
6.4 Leasing Property 105
Legally Managing at Work: Legal Considerations of Buying versus Leasing 109
6.5 Respecting Intellectual Property Rights 110
International Snapshot: U.S. Hotel Companies' Options for Seeking Trademark Protection Abroad 115
What Would You Do? 116
What Did You Learn in this Chapter? 116
7 Legally Selecting Employees 117
7.1 Employee Selection 117
7.2 Discrimination in the Selection Process 125
Legally Managing at Work: Accommodating Disabled Employees 128
7.3 Verification of Eligibility to Work 129
7.4 The Employment Relationship 137
International Snapshot: Canadian Employment Laws 140
What Would You Do? 141
What Did You Learn in this Chapter? 141
8 Legally Managing Employees 143
8.1 Employment Relationships 143
8.2 Workplace Discrimination and Sexual Harassment 147
8.3 Family and Medical Leave Act 156
8.4 Uniformed Services Employment and Reemployment Rights Act 157
8.5 Compensation 157
Legally Managing at Work: Calculating Overtime Pay for Tipped Employees 162
8.6 The Patient Protection and Affordable Care Act of 2010 163
8.7 Managing Employee Performance 164
Legally Managing at Work: Guidelines for Conducting Defensible Employee Terminations 168
8.8 Unemployment Claims 169
8.9 Employment Records and Retention 171
8.10 Employment Posting 173
8.11 Workplace Surveillance 173
International Snapshot: Managing Employees Abroad 175
What Would You Do? 176
What Did You Learn in this Chapter? 177
9 Your Responsibilities as a Hospitality Operator 179
9.1 Duties and Obligations of a Hospitality Operator 179
9.2 Theories of Liability 180
9.3 Legal Damages 184
9.4 Anatomy of a Personal Injury Lawsuit 184
Legally Managing at Work: The Manager's Role in Litigation 188
9.5 Responding to an Incident 188
Legally Managing at Work: Responding to an Accident 189
International Snapshot: Negligence 192
What Would You Do? 192
What Did You Learn in this Chapter? 193
10 Your Responsibilities as a Hospitality Operator to Guests 195
10.1 Accommodating Guests 195
10.2 Guest Privacy 199
Legally Managing at Work: Law Enforcement and Guest Privacy 200
10.3 Facility Maintenance 201
Legally Managing at Work: Five Steps to Facility Evaluation 207
10.4 Responsibilities to Nonguests 211
10.5 Removal of Guests 212
Legally Managing at Work: Responding to Guest Health Emergencies 214
International Snapshot: Should Foreign Governments Adopt Provisions from the USA PATRIOT Act to Combat Terrorist Acts against the Hospitality Industry? 214
What Would You Do? 215
What Did You Learn in this Chapter? 215
11 Your Responsibilities for Guests' Property 217
11.1 Liability for Guests' Property 217
11.2 Bailments 220
11.3 Property with Unknown Ownership 223
Legally Managing at Work: Disposing of Found Property 225
International Snapshot: Limited Liability of Innkeepers in Canada 225
What Would You Do? 226
What Did You Learn in this Chapter? 226
12 Your Responsibilities When Serving Food and Beverages 227
12.1 Serving Food 227
Legally Managing at Work: Steps to Take When a Guest Complains of Foodborne Illness 229
12.2 Truth- In- Menu Laws 230
12.3 Serving Alcohol 235
International Snapshot: Understanding Barriers to Entry and Regulatory Requirements for Foreign Producers of Alcohol Seeking to Import to the United States 242
What Would You Do? 243
What Did You Learn in this Chapter? 243
13 Legal Characteristics of Travel and Tourism 245
13.1 Travel 245
13.2 Travel Agents and Tour Operators 249
13.3 Transportation and Common Carriers 255
13.4 Tourism 261
13.5 Online Travel Sales 267
Legally Managing at Work: Internet Advertising Checklist 270
International Snapshot: Government Support of Tourism 272
What Would You Do? 273
What Did You Learn in this Chapter? 273
14 Safety and Security Issues 275
14.1 The Importance of a Protected Environment 275
14.2 Safety and Security Programs: Four- Step Safety and Security Management Method 278
Legally Managing at Work: Establishing an Effective Guestroom Lock Policy 285
14.3 Crimes Against Hospitality Businesses 288
Legally Managing at Work: Procedures to Reduce the Incidence of Skipping 289
Legally Managing at Work: Guidelines for Handling Credit Cards 290
Legally Managing at Work: Personal Check Verification 290
14.4 Human Trafficking 292
14.5 Crisis Management Programs 293
Legally Managing at Work: The Manager's Responsibilities in a Crisis 296
Legally Managing at Work: Guest Relations in a Crisis Situation 298
Legally Managing at Work: Guidelines for Dealing with the Media During a Crisis 300
International Snapshot: Legal Claims and Recovery for Injury Under Mexican Law 302
What Would You Do? 303
What Did You Learn in this Chapter? 303
15 Managing Insurance 305
15.1 Introduction to Insurance 305
15.2 Types of Coverage 307
15.3 Selecting an Insurance Carrier 311
15.4 Selecting the Insurance Policy 311
15.5 Policy Analysis 313
International Snapshot: Hotels Operating Internationally Need to Think Globally 314
What Would You Do? 316
What Did You Learn in this Chapter? 316
Glossary 317
Index 323
