Hospitality

Ellenoff Grossman & Schole LLP’s Labor & Employment Law Department has unparalleled experience representing restaurants, hotels, gaming and casino operations, private clubs, spas, golf courses, catering establishments and venues – from small to large; from local to national; from “mom and pop” establishments to multinational corporations. Our highly experienced and dedicated attorneys not only provide expert legal services in the full panoply of seemingly ever-changing federal, state and local laws facing hospitality employers, but we know how your businesses operate which provides us with a demonstrated ability to provide vigorous yet cost-effective, results-oriented representation.

Since EGS is a full service law firm we are also able to provide hospitality employers with a wide range of services outside of Labor & Employment, including, corporate, M&A, intellectual property, real estate, commercial litigation and immigration.

EGS understands the challenges of your hospitality business. We pride ourselves on providing solutions.

Our services include:

• Defend individual, class and collective state and federal employment litigations and arbitrations nationwide, including wage/hour, harassment and discrimination
• Defend federal, state and local agency claims and investigations, including DOL, OSHA, EEOC, State and Local Fair Employment Practice Agencies
• Defend ADA (and state and local accessibility statutes) disability public accommodation cases – both “brick and mortar” and website
• Represent employers in mediation concerning employment, discrimination, wage-hour and ADA matters
• Advise and audit compliance with local, state and federal legal obligations, including those related to leaves of absence, terminations and wage/hour regulations (e.g. tipping, meal periods, uniforms, and overtime) in order to minimize potential liability
• Implement comprehensive pre-hire and new-hire procedures particular to employers in the hospitality industry
• Draft management agreements, employee handbooks, contracts and policies
• Conduct investigations into allegations of employee misconduct, including harassment
• Provide anti-harassment training to current employees (in both English and Spanish)
• Counsel clients in all areas that impact the employment relationship

• Represent employers in single employer and multi-employer collective bargaining
• Represent employers in arbitration and mediation
• Represent employers in proceedings before the National Labor Relations Board and state forums

• Represent Taft-Hartley multi-employer benefit funds
• Provide ERISA counseling to employers and defend ERISA claims
• Counsel employers in corporate transactions regarding ERISA and employee benefits
• Develop stock option and other equity plans, as well as nonqualified plans for management employees
• Counsel clients regarding 401(k) plan design, including nondiscrimination requirements, and negotiate service provider contracts
• Advise employers regarding compliance with the Affordable Care Act
• Conduct advanced and introductory trainings for executives and plan fiduciaries regarding ERISA fiduciary responsibility

• Form corporate entities and joint ventures, including preparation of shareholder, operating and joint venture agreements
• Provide advice and guidance on equity or debt financing, with individual investors or institutions and banks
• Prepare and negotiate general commercial contracts, including vendor contracts, equity incentive awards and management agreements

• Protect brand names, logos, slogans and other marks in the US and worldwide
• Protect novel new food articles, packaging methods and designs in the US and worldwide
• Negotiate and draft license agreements for food and other related products
• Advise on legal issues relating to websites, advertising and promotion
• Negotiate and draft agreements for intellectual property related matters, such as software agreements, marketing agreements and developer agreements
• Counsel and litigate on privacy (including biometric) and cybersecurity concerns

• Negotiate and prepare hospitality property sale and acquisition agreements
• Negotiate and assist with hospitality property financings (permanent and construction loans)
• Negotiate and prepare retail and restaurant leasing and licensing arrangements
• Negotiate and provide advice on joint venture agreements

• Obtain visas for key employees and set up the business ownership to facilitate transfers of foreign professionals to the US business
• Advise on hiring requirements to ensure compliance with immigration laws; set up, maintain and review legally defensible I-9 documentation to minimize risks of audits or employee actions
• Provide creative options for individuals who have been unable to obtain employment visas under conventional visas including H-1Bs, L-1s and E-2s
• Represent the employer and employee in PERM green card applications