Hospitality Law: Managing Legal Issues in the Hospitality Industry, 4th Edition

ACKNOWLEDGMENTS xvii

C H A P T E R 1 PREVENTION PHILOSOPHY 1

1.1 THE FUTURE HOSPITALITY MANAGER AND THE LEGAL ENVIRONMENT 2

1.2 THE HOSPITALITY MANAGER AND LEGAL MANAGEMENT 3

1.3 ETHICS AND THE LAW 9

C H A P T E R 2 GOVERNMENT AGENCIES THAT IMPACT THE HOSPITALITY INDUSTRY 19

2.1 FEDERAL REGULATORY AND ADMINISTRATIVE AGENCIES 21

2.2 STATE REGULATORY AND ADMINISTRATIVE AGENCIES 33

2.3 LOCAL REGULATORY AND ADMINISTRATIVE AGENCIES 39

2.4 REGULATORY INTERACTION AND OVERSIGHT IMPACTING TRAVEL AND TOURISM 42

2.5 MANAGING CONFLICTING REGULATIONS 55

2.6 RESPONDING TO AN INQUIRY 57

2.7 MONITORING REGULATORY CHANGE 60

C H A P T E R 3 HOSPITALITY BUSINESS STRUCTURES 67

3.1 THE IMPORTANCE OF BUSINESS STRUCTURE 68

3.2 COMMON HOSPITALITY ORGANIZATIONAL STRUCTURES 70

3.3 COMMON HOSPITALITY OPERATING STRUCTURES 76

3.4 THE AGENCY RELATIONSHIP 82

C H A P T E R 4 CONTRACT BASICS 91

4.1 INTRODUCTION TO CONTRACTS 92

4.2 COMPONENTS OF AN ENFORCEABLE CONTRACT 96

4.3 THE UNIFORM COMMERCIAL CODE 100

4.4 PREVENTATIVE LEGAL MANAGEMENT AND CONTRACTS 102

C H A P T E R 5 SIGNIFICANT HOSPITALITY CONTRACTS 117

5.1 SPECIFIC CONTRACT CLAUSES 118

5.2 FRANCHISE CONTRACTS 129

5.3 MANAGEMENT CONTRACTS 138

5.4 CONFERENCE SERVICES CONTRACTS 143

C H A P T E R 6 LEGALLY MANAGING PROPERTY 157

6.1 INTRODUCTION TO PROPERTY 159

6.2 PURCHASING PROPERTY 161

6.3 FINANCING THE PURCHASE OF PROPERTY 168

6.4 LEASING PROPERTY 171

6.5 RESPECTING INTELLECTUAL

C H A P T E R 7 LEGALLY SELECTING EMPLOYEES 189

7.1 EMPLOYEE SELECTION 191

7.2 DISCRIMINATION IN THE SELECTION PROCESS 202

7.3 VERIFICATION OF ELIGIBILITY TO WORK 208

7.4 THE EMPLOYMENT RELATIONSHIP 213

C H A P T E R 8 LEGALLY MANAGING EMPLOYEES 223

8.1 EMPLOYMENT RELATIONSHIPS 225

8.2 WORKPLACE DISCRIMINATION AND SEXUAL HARASSMENT 227

8.3 FAMILY AND MEDICAL LEAVE ACT 237

8.4 COMPENSATION 238

8.5 MANAGING EMPLOYEE

8.6 UNEMPLOYMENT CLAIMS 254

8.7 EMPLOYMENT RECORDS AND RETENTION 259

8.8 EMPLOYMENT POSTERS 261

8.9 WORKPLACE SURVEILLANCE 261

C H A P T E R 9 YOUR RESPONSIBILITIES AS A HOSPITALITY OPERATOR 269

9.1 DUTIES AND OBLIGATIONS OF A HOSPITALITY OPERATOR 270

9.2 THEORIES OF LIABILITY 272

9.3 LEGAL DAMAGES 278

9.4 ANATOMY OF A PERSONAL INJURY LAWSUIT 278

9.5 RESPONDING TO AN INCIDENT 284

C H A P T E R 1 0 YOUR RESPONSIBILITIES AS A HOSPITALITY OPERATOR TO GUESTS 295

10.1 ACCOMMODATING GUESTS 297

10.2 GUEST PRIVACY 303

10.3 FACILITY MAINTENANCE 305

10.4 RESPONSIBILITIES TO NONGUESTS 312

10.5 REMOVAL OF GUESTS 314

C H A P T E R 1 1 YOUR RESPONSIBILITIES FOR GUESTS’ PROPERTY 321

11.1 LIABILITY FOR GUESTS’ PROPERTY 322

11.2 BAILMENTS 326

11.3 PROPERTY WITH UNKNOWN OWNERSHIP 331

C H A P T E R 1 2 YOUR RESPONSIBILITIES WHEN SERVING FOOD AND BEVERAGES 339

12.1 SERVING FOOD 340

12.2 TRUTH IN MENU LAWS 345

12.3 SERVING ALCOHOL 351

C H A P T E R 1 3 LEGAL RESPONSIBILITIES IN TRAVEL AND TOURISM 367

13.1 TRAVEL 369

13.2 TRAVEL AGENTS AND TOUR OPERATORS 375

13.3 TRANSPORTATION AND COMMON CARRIERS 384

13.4 TOURISM 392

13.5 ONLINE TRAVEL SALES 400

C H A P T E R 1 4 SAFETY AND SECURITY ISSUES 411

14.1 THE IMPORTANCE OF A PROTECTED ENVIRONMENT 413

14.2 SAFETY AND SECURITY PROGRAMS: FOUR-STEP SAFETY AND SECURITY MANAGEMENT METHOD 417

14.3 CRIMES AGAINST HOSPITALITY BUSINESSES 431

14.4 CRISIS MANAGEMENT PROGRAMS 437

C H A P T E R 1 5 MANAGING INSURANCE 453

15.1 INTRODUCTION TO INSURANCE 454

15.2 TYPES OF COVERAGE 457

15.3 SELECTING AN INSURANCE CARRIER 462

15.4 SELECTING THE INSURANCE POLICY 463

15.5 POLICY ANALYSIS 464

GLOSSARY 471

INDEX 479

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