HOSPITALITY PRACTICE GROUP 

Ellenoff Grossman & Schole LLP’sLabor & 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: 

Employment 

• 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

Labor- Management Relations 

• 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

Employee Benefits 

• 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

Corporate 

• 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

Intellectual Property 

• 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

Real Estate 

• 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

Immigration 

• 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