Labor & Employment Challenges in the Hotel & Restaurants Industries (Presented by Hospitality Lawyer)

Jordan B. Schwartz | Conn Maciel Carey LLP

Jordan B. Schwartz is a partner in Conn Maciel Carey’s Washington, DC office.
Jordan advises employers on a wide range of complex employment-related issues and advises properties regarding all aspects of compliance with the Americans with Disabilities Act (ADA). He defends employers against claims of discrimination and harassment, misappropriation of trade secrets, and wage and hour violations. He also counsels employers on all aspects of the employer-employee relationship. His practice includes the following:

Title III of the ADA. Jordan represents property owners and managers against claims brought by patrons alleging lack of accessibility under Title III of the ADA. He routinely conducts on-site inspections of properties and modifies their policies and practices to ensure compliance with the ADA. He also specializes in ensuring that company websites comply with all applicable ADA requirements.

Wage & Hour Law. Jordan has extensive experience advising on and defending against claims under the Fair Labor Standards Act and state wage and hour laws, including issues involving minimum wage, calculation of overtime, misclassification of independent contractors, exempt status of employees, meal/rest breaks, tip pooling, automatic gratuities and service charges.

Non-compete Agreements and Trade Secrets. Jordan litigates claims of breach of non-compete agreements and non-solicitation agreements, as well as claims of misappropriation of trade secrets and unlawful possession of confidential information. He also drafts cease-and-desist letters, negotiates restrictive covenants, and advises clients on hiring employees subject to post-employment restrictive covenants.

Harassment and Discrimination. Jordan defends employers accused of harassment, discrimination and retaliation based on race, religion, national origin, age, sex, disability, and pregnancy. He also advises employers on the proper procedure for conducting internal investigations of discrimination and harassment claims.

Employment Counseling. In addition to his litigation practice, Jordan counsels clients on the full spectrum of employment issues, including hiring and termination, employment and separation agreements, executive employment and compensation matters, Family Medical Leave Act (FMLA) issues, employee handbooks and manuals, reduction-in-force programs, and compliance with the WARN Act. Jordan specializes in issues relating to drug testing and, in particular, helps employers craft appropriate workplace policies regarding employees’ use of medicinal and recreational marijuana. He also conducts training programs for his clients on harassment, discrimination, and diversity.

Courtney Leyes | Fisher & Phillips LLP

Courtney Leyes is an attorney in the firm’s Memphis, Nashville, and Gulfport offices. She represents employers nationwide, with a particular focus on employers of all sizes in North Mississippi and throughout Tennessee.

Courtney prefers to consider herself as a problem solver first and a lawyer second. In doing so, she values creating synergistic partnerships with each of her clients. She approaches problems based on the client’s needs and with the passion and care as if it were her own organization. In doing so, Courtney works with clients on a number of preventive measures, including policy reviews and implementation, trainings on a variety of issues, including sensitivity training for your LGBTQIA employees, and various HR audits. Unfortunately, not all problems can be resolved on the front end, and sometimes an employee (or former employee) goes outside of the organization to a government agency or the court system to have the dispute resolved. During these times, employers can count on Courtney’s experience in representing employers in litigation related to discrimination and harassment in the workplace and wage and hour issues.

In representing employers, Courtney does not take a “one-size-fits-all” approach. Does the employer want to send a message or want a quick and judicious resolution? Courtney has experience with both as she has federal jury trial experience, having tried and won three employment discrimination cases on behalf of employers who desired to take a stand, and has resolved a number of cases to the satisfaction of the company, in part based on the good relationships Courtney has developed amongst her peers and adversaries. Evidence of this respect for Courtney comes in the form of the prestigious AV Preeminent rating Courtney received from her peers by Martindale-Hubbell – the highest distinction awarded by Martindale-Hubbell as well as being included as a Best Lawyer for 2021. She also has been listed in Mid-South Super Lawyers – Rising Stars since 2014 and was the recipient of the Memphis Business Journal’s 2017 Best of the Bar awards for Ace Associate.

Courtney is a frequent speaker and author on topics including gender diversity in the legal profession and evolving workplace protections of LGBTQIA employees.

Passionate and committed to the advancement of women in both the legal profession and the workplace, Courtney brings this commitment to the firm’s Women’s Initiative and Leadership Council. Additionally, Courtney works to promote female-owned businesses in the Memphis and Nashville communities and female professionals by hosting lunch and learns and other events.

Robert T. Bernstein | Laner Muchin

Mr. Bernstein is an equity partner with Laner Muchin, Ltd. Mr. Bernstein’s practice has been concentrated in defending employers in employment disputes and proceedings throughout the country, counseling employers on their day -to-day labor and employment issues, training management on a host of labor and employment topics, drafting and negotiating employment and non-competition agreements, drafting employee handbooks and corporate policy manuals, as well as handling collective bargaining negotiations and a variety of other labor and employment matters on behalf of employers.

Mr. Bernstein has been admitted to practice before the Fourth Circuit Court of Appeals, the United States District Court for the Northern District of Illinois, the Illinois Supreme Court, the United States District Court for the Western District of Wisconsin, the Wisconsin Supreme Court, and the District of Columbia Court of Appeals.

Mr. Bernstein is an active member of the American Bar Association’s Labor and Employment Section, Equal Employment Opportunity Committee. Mr. Bernstein is also a member of the Labor and Employment Planning Committee for the Illinois Institute of Continuing Legal Education (“IICLE”) and is a frequent speaker and moderator on various labor and employment topics for the IICLE and other outside human resource and labor and employment organizations. Mr. Bernstein is an Advisory Council Member for the Illinois Restaurant Association and is an active member of the Illinois Hotel & Lodging Association. Mr. Bernstein was also a contributing editor to the Fourth Edition of Barbara Lindemann’s and Paul Grossman’s “Employment Discrimination” treatise and was a management-side editor for the 2nd supplement to this treatise. Mr. Bernstein is the Chicago Chapter Chair for the Cornell School of Industrial and Labor Relations and is a member of the national Board of Directors for this School. In 2008, Mr. Bernstein was named as one of the “40 Illinois Attorneys Under Forty to Watch” by the Law Bulletin Publishing Company. Mr. Bernstein has received the highest Martindale-Hubbell Peer Review Rating for ethical standards and legal ability. He has also been selected as a Leading Lawyer and as an Illinois Super Lawyer in multiple years.

Mr. Bernstein graduated from the Cornell School of Industrial and Labor Relations with a Bachelor of Science Degree in 1991. Mr. Bernstein played Number 1 singles and doubles on the Cornell Varsity Tennis Team from 1987-1991. He was captain of the team in his junior and senior years, and he earned ALL-IVY honors in his sophomore and senior years. He was selected for Cornell’s Quill and Dagger Senior Honor Society. Mr. Bernstein obtained his Juris Doctor Degree from University of Wisconsin Law School in 1995. While attending law school, Mr. Bernstein was Managing Editor of the University of Wisconsin Law Review and served on the Moot Court Board

Session I – Trade Secrets and Restrictive Covenants: Practical Advice to Safeguard Your Company’s Critical Assets | 12:00pm – 12:30pm

• Importance of trade secret protection in hospitality
• Growing threats to confidentiality in modern work environments
• Legal compliance and enforcement challenges

Session II – Paw-licies & Procedures: A Legal Guide for Service Animals in Hospitality | 12:30pm – 1:00pm

• Do’s and don’ts of service animal accommodation
• Policy development and operational readiness
• Risk management and legal liability

Session III – Key Labor and Employment Compliance Considerations for the Hospitality Industry | 1:00pm– 1:30pm

• Evolving landscape of labor and employment law
• Critical compliance areas for hotel owners & operators
• Policy infrastructure and operational strategy