Labor and Employment Laws: Sources, Enforcement, and Violations

This presentation provides an overview of labor and employment laws, including the sources of these laws and the enforcement agencies responsible for their implementation. It also discusses violations of these laws in the hospitality industry, with a case study on Ramada Plaza and Sandman Hotel. The presentation highlights the importance of complying with labor and employment laws to protect workers' rights and avoid legal consequences.

Labor and Employment laws
STUDENT’S NAME
INSTITUTIONAL AFFILIATION

Sources of Employment Laws
• ALL THE EMPLOYMENT
LAWS ARE DEVELOPED
AND ENFORCED BY:
• DEPART OF LABOR
(DOL)
• EQUAL EMPLOYMENT
OPPORTUNITY
COMMISSION
• NATIONAL LABOR
RELATIONS BOARD

Employment Laws
• THE LAWS DIFFERED DEPENDING FROM THE SOURCES
• DEPARTMENT OF LABOR ADMINISTERS AND ENFORCES
• THE FAIR LABOR STANDARDS ACT (FLSA)
• OCCUPATION SAFETY AND HEALTH ACT (OSHA),
• EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA)
• AND THE FAMILY AND MEDICAL LEAVE ACT (FMLA).
• EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ENFORCES
• PREGNANCY DISCRIMINATION ACT (PDA),
• THE EQUAL PAY ACT OF 1963 (EPA),
• AND THE AMERICAN WITH DISABILITY ACT (ADA).
• NATIONAL LABOR RELATIONS BOARD WHICH ENFORCES
• NATIONAL LABOR RELATIONS ACT (NLRA)

Workers Protect by Employment Laws
• STATE AND LOCAL LAWS COVERS ALL THE EMPLOYERS WITH SMALL
NUMBER OF EMPLOYEES
• EMPLOYEES ARE GROUPED BASED ON
• THE TYPE OF CONTRACT SIGNED
• EMPLOYMENT AT WILL
• PRIVATE OR PUBLIC SECTOR EMPLOYEES
• INDEPENDENT CONTRACTORS
• INCLUSION OR EXEMPTION FROM OVERTIME

RAMADA PLAZA
• RAMADA IS A LARGE UA
MULTINATIONAL HOTEL CHAIN
• IT IS NOW OWNED BY WYNDHAM
HOTELS AND RESORTS
• THE RAMADA BRAND OPERATE 811
HOTELS ACROSS 63 COUNTRIES
• THE HOTELS OPERATING UNDER
RAMADA BRAND HAVE BEEN
SCRUTINIZED FOR VIOLATING ONE
OR TWO LABOR AND EMPLOYMENT
LAWS

Ramada FLSA
• RAMADA INN WAS
ACCUSED FOR VIOLATING
THE FLSA
• THE SUITES PAID THEIR
HOUSE KEEPERS BASED
ON ROOMS CLEANED
• THEY IGNORED THE
NUMBER OF HOURS
WORKED CREATING
OVERTIME VIOLATION
• THEY DID NOT PAY
WORKERS THE MINIMUM
WAGES AS RECOMMENDED

Overtime Issues
• WORKING ARRANGEMENT AT
RAMADA CREATED OVERTIME
VIOLATIONS
• FRONT DESK STAFF WERE PAID
STRAIGHT TIME FOR OVERTIME
HOURS
• EMPLOYEE PAID FOR 40 HOURS
EACH WEEK REGARDLESS OF
ADDITIONAL HOURS WORKED.

Solutions
• EMPLOYEES WHO DO NOT QUALIFY FOR
ANY FLSA EXEMPTIONS MUST RECEIVE AT LEAST MINIMUM
WAGE FOR ALL HOURS WORKED UP TO 40.
• EMPLOYEES MUST RECEIVE TIME-AND-ONE-HALF FOR
HOURS WORKED BEYOND 40 HOURS
• RAMADA SHOULD ENSURE THAT THEY CHANGE THEIR
ARRANGEMENT WITH EMPLOYEES TO ENSURE THEY GET
• AT LEAST MINIMUM WAGE
• OVERTIMES AND
• MANDATORY BREAKS

Employment and Labor Laws
RAMADA PLAZA
• A LARGE BRAND IN
THE HOSPITALITY
INDUSTRY
• ACCUSED FOR
VIOLATION OF THE
FAIR LABOR AND
STANDARDS ACT
• CONTRACT VIOLATED
THE OVERTIME
AGREEMENT
SANDMAN HOTEL
• A LARGE BRAND IN
THE HOSPITALITY
INDUSTRY
• VIOLATION OF THE
BC EMPLOYMENT
ACT
• ACCUSED FOR
BREACH OF
CONTRACT ON A
CLASS ACTION

References
• ALRAWADIEH, Z., KARAYILAN, E., & CETIN, G. (2019). UNDERSTANDING THE CHALLENGES OF REFUGEE
ENTREPRENEURSHIP IN TOURISM AND HOSPITALITY. THE SERVICE INDUSTRIES JOURNAL, 39(9-10), 717-
740.
• ANDRIAS, K. (2016). THE NEW LABOR LAW. YALE LJ, 126, 2.
• BOLDEN-BARRETT, V. (2018, MARCH 15). SUPER 8, RAMADA SHELL OUT $73K FOR PAYING
HOUSEKEEPERS BY THE ROOM. RETRIEVED JULY 6, 2019, FROM
HTTPS://WWW.HRDIVE.COM/NEWS/SUPER-8-RAMADA-SHELL-OUT-73K-FOR-PAYING-HOUSEKEEPERS-BY-T
HE-ROOM/519100/
• EMPLOYMENT & LABOUR LAW 2019: USA: ICLG. (N.D.). RETRIEVED JULY 6, 2019, FROM
HTTPS://ICLG.COM/PRACTICE-AREAS/EMPLOYMENT-AND-LABOUR-LAWS-AND-REGULATIONS/USA
• HSIEH, Y. C., APOSTOLOPOULOS, Y., & SÖNMEZ, S. (2016). WORK CONDITIONS AND HEALTH AND WELL-BEING OF LATINA
HOTEL HOUSEKEEPERS. JOURNAL OF IMMIGRANT AND MINORITY HEALTH, 18(3), 568-581.
• JENKINS, A. (2018). AGEISM AND AGE DISCRIMINATION IN HOSPITALITY EMPLOYMENT: ISSUES, CHALLENGES AND
REMEDIES. IN HANDBOOK OF HUMAN RESOURCE MANAGEMENT IN THE TOURISM AND HOSPITALITY INDUSTRIES.
EDWARD ELGAR PUBLISHING.
• KRUESI, M. A. (2015). MANAGEMENT CONTRACTS AND FRANCHISING: A TWO-STUDY EXAMINATION OF NON-EQUITY
ENTRY MODE CHOICE IN THE HOTEL SECTOR (DOCTORAL DISSERTATION, AUCKLAND UNIVERSITY OF TECHNOLOGY).
• LOBEL, O. (2017). THE GIG ECONOMY & THE FUTURE OF EMPLOYMENT AND LABOR LAW. USFL REV., 51, 51.
• RAM, Y. (2018). HOSTILITY OR HOSPITALITY? A REVIEW ON VIOLENCE, BULLYING AND SEXUAL HARASSMENT IN THE
TOURISM AND HOSPITALITY INDUSTRY. CURRENT ISSUES IN TOURISM, 21(7), 760-774.
• THAM, J. C., CAMPBELL, I., & BOESE, M. (2016). WHY IS LABOUR PROTECTION FOR TEMPORARY MIGRANT WORKERS SO
FRAUGHT? A PERSPECTIVE FROM AUSTRALIA. A PERSPECTIVE FROM AUSTRALIA (DECEMBER 26, 2016). JOANNA HOWE
AND ROSEMARY OWENS (ED), TEMPORARY LABOUR MIGRATION IN THE GLOBAL ERA: REGULATORY CHALLENGES (HART
PUBLISHING, 2016).

THE END
• THANK YOU FOR YOUR TIME!