U.S. District Court Holds That an Employer May Retain Tips If It Takes No Tip Credit

Julie Badel

Addressing an unusual set of facts, the U.S. District Court for the Northern District of Georgia has dismissed a suit challenging an employer’s practice of retaining tips that customers give to valets. The plaintiff in Malivuk v. Ameripark, No. 1:15:cv-2570 WSD (N.D. Ga. 2016), alleged that she was promised an hourly wage plus tips but that her employer, who provided valet parking services, retained a portion of the tips.

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ILN Member Firms Work Together to Assist Hungarian Commercial Bank

photo-1450101499163-c8848c66ca85A leading Hungarian commercial bank had been offered securities held on a securities account owned by a “Sparverein,” a specific Austrian legal entity similar to a savings club, as collateral for a credit agreement with a separate entity. As the bank was unfamiliar with the corporate form of a Sparverein, and the laws applicable for such entities, it raised several questions and the bank wanted to ensure that its collateral would be valid and enforceable. These questions, among others, related to whether the Sparverein is allowed to offer its funds as collateral in general, and with respect to loans granted to a third party in particular, as well as the enforceability of the security deposit in a liquidation procedure or any other insolvency situation.

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Seventh Circuit: Title VII Does Not Cover Sexual Orientation Bias

Our colleague Linda B. Celauro, Senior Counsel at Epstein Becker Green, has a post on the Financial Services Employment Law blog that will be of interest to many of our readers in the hospitality industry: “Seventh Circuit Panel Finds That Title VII Does Not Cover Sexual Orientation Bias.

Following is an excerpt:

Bound by precedent, on July 28, 2016, a panel of the U.S. Court of Appeals for the Seventh Circuit held that sexual orientation discrimination is not sex discrimination under Title VII of the Civil Rights Act of 1964. The panel thereby affirmed the decision of the U.S. District Court for the Northern District of Indiana dismissing the claim of Kimberly Hively, a part-time adjunct professor at Ivy Tech Community College, that she was denied the opportunity for full-time employment on the basis of her sexual orientation.

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Unusual Employment Tribunal Cases

Another holiday season draws to a close and brings with it a return to “normality”. Goodbye sunning; hello running (for trains). Adios long lies; welcome back bags under the eyes. We’ll miss you mountain top; back to the laptop!!

As the majority of us return to our desks, recent reports of a case from France reminded us that some employment law cases can be viewed with more of a sideways glance and we thought looking at some of the more “page turning” cases of recent years would act as a gentle welcome back to the world of HR and employment law.

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ILN Today Post

Dej-Udom & Associates Newsletter – July 2016

Tourism Initiative Launched
Recognizing the importance of maximizing the region’s tourism market, ASEAN will launch the Mutual Recognition Arrangement for Tourism Professionals (MRA-TP) initiative in August. The initiative will set standardization and benchmarking skills for 32 hospitality and tourism job profiles, require 52 qualifications for different positions, and create 242 training “toolboxes” to help workers achieve the qualifications.

Work Forces Aging
A recent report by a global consulting firm says that Singapore, Malaysia, Indonesia, and Thailand account for over 75% of ASEAN’s US$2.45 trillion economy.

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Week of August 1, 2016 on ILNToday – A Roundup!

roundupIt’s time for another roundup, and a bit hard to believe that we’re already through the first week in August! What projects are you trying to get through in these quieter days of summer before things ramp up again in September? We’re excited about several things here at the ILN, and more information on those will be forthcoming! But first, grab your coffee and take a gander through our top posts from this week on ILNToday!

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Canada To Lift Visa Requirements For Mexican Citizens

By John Soden

The Government of Canada has announced its intention to remove the requirement for Citizens of Mexico to be in possession of a visa to enter Canada. The intention is that, from December 1, 2016, Mexican Citizens will require an Electronic Travel Authorization (eTA) instead of a visa to visit Canada.

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Can Your Corporate Social Responsibility Policy Make You a Joint-Employer With Your Suppliers? The NLRB May Find That It Does

The National Labor Relations Board (NLRB or Board), which continues to apply an ever expanding standard for determining whether a company that contracts with another business to supply contract labor or services in support of its operations should be treated as a joint employer of the supplier or contractor’s employees, is now considering whether a company’s requirement that its suppliers and contractors comply with its Corporate Social Responsibility (CSR) Policy, which includes minimum standards for the contractor or supplier’s practices with its own employees can support a claim that the customer is a joint employer.

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“Good Faith” Off-Label Promotions Saved Ex-Acclarent Execs from Felony Misbranding Indictments

Where does the line fall between good faith and criminal intent? That was the question that a Massachusetts federal jury faced in July as it deliberated criminal charges against William Facteau and Patrick Fabian, ex-Acclarent executives, who were indicted on multiple charges of fraud and misbranding a medical device. Acclarent’s device, the Relieva Stratus Microflow Spacer (“Stratus”), was cleared by the FDA for use as a spacer to maintain an opening in the sinus. Although the FDA expressly rejected Acclarant’s request to expand the indicated use of the device to include delivery of drugs, the government alleged that Acclarent promoted Stratus as a delivery method for the steroid drug Kenalog.

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Criminal Enforcement Protects Trade Secrets Taken By Departed Employees

James P. Flynn

In the recent case of United States v. Nosal, the United States Court of Appeals for the Ninth Circuit confirmed the applicability of both the Computer Fraud and Abuse Act and the Economic Espionage Act as safeguards against theft of trade secrets by departed former employees.  Importantly, Nosal applied such laws to convict a former employee in a case involving domestic businesses and personnel without any alleged overseas connections.  Because of civil enforcement provisions in the CFAA itself and the recently enacted Defend Trade Secrets Act, Nosal represents a possible guide to employers seeking to protect their trade secrets through civil or criminal mechanisms, or both.

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