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Hospitality Law: Managing Legal Issues in the Hospitality Industry, 5th Edition

Hospitality Law: Managing Legal Issues in the Hospitality Industry, 5th Edition

Stephen C. Barth, Diana S. Barber

ISBN: 978-1-119-30504-0

Apr 2017

322 pages

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Hospitality Law: Managing Legal Issues in the Hospitality Industry, Fifth Edition
 takes an applied approach to the study of hospitality law with its touchstone of compliance and prevention. The book is highly pedagogical and includes many interactive exercises and real world cases that help students focus on the practical application of hospitality laws and model their decision process to avoid liability. As a result, this book does look different than others on the market as the legal information contained is carefully selected to specifically correlate with helping students understand how to do the right thing, i.e., it is not a comprehensive book on the laws.

Barth immediately helps 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 Barth’s approach.

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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 12

What Would You Do? 13

What Did You Learn in This Chapter? 13

2 Government Agencies That Impact the Hospitality Industry 14

2.1 Federal Regulatory and Administrative Agencies 14

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: Immigration 40

What Would You Do? 41

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 82

5.4 Conference Services Contracts 85

International Snapshot: A Comparison of Franchise Disclosure Requirements under U.S. Law and International Law 91

What Would You Do? 92

What Did You Learn In This Chapter? 92

6 Legally Managing Property 93

6.1 Introduction to Property 93

6.2 Purchasing Property 95

6.3 Financing the Purchase of Property 100

6.4 Leasing Property 103

Legally Managing at Work: Legal Considerations of Buying versus Leasing 107

6.5 Respecting Intellectual Property Rights 108

International Snapshot: U.S. Hotel Companies’ Options for Seeking Trademark Protection Abroad 112

What Would You Do? 113

What Did You Learn in This Chapter? 113

7 Legally Selecting Employees 114

7.1 Employee Selection 114

7.2 Discrimination in the Selection Process 123

Legally Managing at Work: Accommodating Disabled Employees 125

7.3 Verification of Eligibility to Work 126

7.4 The Employment Relationship 131

International Snapshot: Canadian Employment Laws 134

What Would You Do? 135

What Did You Learn in This Chapter? 135

8 Legally Managing Employees 136

8.1 Employment Relationships 136

8.2 Workplace Discrimination and Sexual Harassment 138

8.3 Family and Medical Leave Act 145

8.4 Uniform Services Employment and Reemployment Rights Act 146

8.5 Compensation 146

Legally Managing at Work: Calculating Overtime Pay for Tipped Employees 151

8.6 The Patient Protection and Affordable Care Act of 2010 153

8.7 Managing Employee Performance 154

Legally Managing at Work: Guidelines for Conducting Defensible Employee Terminations 157

8.8 Unemployment Claims 158

8.9 Employment Records and Retention 161

8.10 Employment Posting 163

8.11 Workplace Surveillance 163

International Snapshot: Managing Employees Abroad 165

What Would You Do? 166

What Did You Learn in This Chapter? 166

9 Your Responsibilities as a Hospitality Operator 167

9.1 Duties and Obligations of a Hospitality Operator 167

9.2 Theories of Liability 168

9.3 Legal Damages 172

9.4 Anatomy of a Personal Injury Lawsuit 172

Legally Managing at Work: The Manager’s Role in Litigation 176

9.5 Responding to an Incident 176

Legally Managing at Work: Responding to an Accident 177

International Snapshot: Negligence 180

What Would You Do? 180

What Did You Learn in This Chapter? 181

10 Your Responsibilities as a Hospitality Operator to Guests 182

10.1 Accommodating Guests 182

10.2 Guest Privacy 186

Legally Managing at Work: Law Enforcement and Guest Privacy 187

10.3 Facility Maintenance 188

Legally Managing at Work: Five Steps to Facility Evaluation 191

10.4 Responsibilities to Nonguests 192

10.5 Removal of Guests 193

Legally Managing at Work: Responding to Guest Health Emergencies 195

International Snapshot: Should Foreign Governments Adopt Provisions from the USA PATRIOT Act to Combat Terrorist Acts against the Hospitality Industry? 195

What Would You Do? 196

What Did You Learn in This Chapter? 196

11 Your Responsibilities for Guests’ Property 197

11.1 Liability For Guests’ Property 197

11.2 Bailments 199

11.3 Property with Unknown Ownership 203

Legally Managing at Work: Disposing of Found Property 205

International Snapshot: Limited Liability of Innkeepers in Canada 205

What Would You Do? 206

What Did You Learn in This Chapter? 206

12 Your Responsibilities When Serving Food and Beverages 207

12.1 Serving Food 207

Legally Managing at Work: Steps to Take When a Guest Complains of Foodborne Illness 209

12.2 Truth-in-Menu Laws 210

12.3 Serving Alcohol 215

International Snapshot: Understanding Barriers to Entry and Regulatory Requirements for Foreign Producers of Alcohol Seeking to Import to the United States 222

What Did You Learn in This Chapter? 222

13 Legal Characteristics of Travel and Tourism 223

13.1 Travel 223

13.2 Travel Agents and Tour Operators 227

13.3 Transportation and Common Carriers 232

13.4 Tourism 238

13.5 Online Travel Sales 243

Legally Managing at Work: Internet Advertising Checklist 247

International Snapshot: Government Support of Tourism 247

What Would You Do? 248

What Did You Learn in This Chapter? 249

14 Safety and Security Issues 250

14.1 The Importance of a Protected Environment 250

14.2 Safety and Security Programs: Four-Step Safety and Security Management Method 253

Legally Managing at Work: Establishing an Effective Guestroom Lock Policy 257

14.3 Crimes against Hospitality Businesses 259

Legally Managing at Work: Procedures to Reduce the Incidence of Skipping 260

Legally Managing at Work: Guidelines for Handling Credit Cards 261

Legally Managing at Work: Personal Check Verification 262

14.4 Crisis Management Programs 264

Legally Managing at Work: The Manager’s Responsibilities in a Crisis 267

14.5 Polaris - Fighting Human Trafficking in the Hotel Industry 267

14.6 Human Trafficking Indicators 268

Legally Managing at Work: Guest Relations in a Crisis Situation 269

Legally Managing at Work: Guidelines for Dealing with the Media during a Crisis 270

International Snapshot: Legal Claims and Recovery for Injury under Mexican Law 272

What Would You Do? 273

What Did You Learn in This Chapter? 273

15 Managing Insurance 274

15.1 Introduction to Insurance 274

15.2 Types of Coverage 276

15.3 Selecting an Insurance Carrier 280

15.4 Selecting the Insurance Policy 280

15.5 Policy Analysis 281

International Snapshot: Hotels Operating Internationally Need to Think Globally 283

What Would You Do? 284

What Did You Learn in This Chapter? 285