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Hospitality Law: Managing Legal Issues in the Hospitality Industry

Hospitality Law: Managing Legal Issues in the Hospitality Industry (Paperback, 6)

Stephen C. Barth, Diana S. Barber (지은이)
Wiley
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· 제목 : Hospitality Law: Managing Legal Issues in the Hospitality Industry (Paperback, 6) 
· 분류 : 외국도서 > 기술공학 > 기술공학 > 식품공학
· ISBN : 9781394321209
· 쪽수 : 352쪽
· 출판일 : 2025-10-07

목차

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

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