http://vthospitalitylaw.com/blog1 The Place to Explore the World of Hospitality Law In Vermont Fri, 04 Dec 2009 14:18:52 +0000 http://backend.userland.com/rss092 en Mr. and Mrs. Smith have stayed at your Vermont inn a number of times in recent years. You are glad to see that they have yet again made a room reservation for next Saturday night and have requested their usual room, which carries a weekend rate of $250 per night. ... http://vthospitalitylaw.com/blog1/2009/12/04/cancellation-policies-and-the-dreaded-chargeback-part-1/ Are you a “public accommodation”?  It’s not quite like declaring “I am Spartacus.”  Or is it?  In a world where those with physical or mental impairments have to struggle to do even the most mundane tasks – like grocery shopping or grabbing a quick bite at the local café – ... http://vthospitalitylaw.com/blog1/2009/09/25/it%e2%80%99s-all-about-access/ Representations and Warranties No matter how much due diligence is done, most buyers still want sellers to give the buyers contractually binding representations and warranties about the past and current condition of the business.  The idea here is that if after a sale a buyer encounters an unpleasant surprise that relates ... http://vthospitalitylaw.com/blog1/2009/01/26/buying-or-selling-your-hospitality-business-part-2/ During the lifecycle of a business, its owners may get the opportunity to sell the business as a going concern.  Depending upon the type of business, the buyer may be a couple looking to get into the bed and breakfast market or a multinational resort owner looking to expand its market share.  ... http://vthospitalitylaw.com/blog1/2009/01/20/buying-or-selling-your-hospitality-business-part-1/ Exceptions that May Be Relevant to the Recent Graduate There are myriad exceptions to overtime requirements under both the FLSA and Vermont overtime laws.  The FLSA has white collar exceptions for salaried employees that many employers are familiar with. Since the recent graduate is being paid hourly, the white collar exceptions ... http://vthospitalitylaw.com/blog1/2009/01/15/the-fairytale-of-the-overtime-pay-requirements-part-2/ Once upon a time, there was a fancy Vermont restaurant that was so popular the patrons had to make reservations at least 5 months in advance in order to get a table.  One day, proprietors of the fancy Vermont restaurant found themselves in need of yet another cook.  So, the ... http://vthospitalitylaw.com/blog1/2008/12/30/the-fairytale-of-the-overtime-pay-requirements-part-1/ Vermont’s Food Service Establishment Rules The Vermont Department of Health has issued Food Service Establishment Rules (go here to find a link to the rules: http://healthvermont.gov/regs/index.aspx).  These rules are designed to be in compliance with ADA and FEPA anti-discrimination rules.   Section 5-206 of the rules requires food service establishment employers to ... http://vthospitalitylaw.com/blog1/2008/12/19/coughing-in-the-kitchen-%e2%80%93-coping-with-aids-and-other-communicable-diseases-in-vermont-food-service-establishments-part-2/ You are short one sous-chef de cuisine at your upscale Vermont restaurant and have been searching a while to fill the position.  You have finally found Luka, a culinary school graduate who has experience working as a sous-chef in France and Belgium.  Luka appears to fit the bill exactly and ... http://vthospitalitylaw.com/blog1/2008/12/12/coughing-in-the-kitchen-%e2%80%93-coping-with-aids-and-other-communicable-diseases-in-vermont-food-service-establishments-part-1/ Can you ask that a service animal be removed from your establishment?  The short answer here is “Maybe.”  You can ask that a service animal be removed from your premises when the service animal poses a direct threat to the health and safety of others.  Mercifully, service animals are generally well-mannered ... http://vthospitalitylaw.com/blog1/2008/12/05/welcoming-guests-accompanied-by-service-animals-part-3/ Vermont’s Health Regulations  The Vermont’s Health Regulations for Food Service Establishments (see http://healthvermont.gov/regs/03food_estab.pdf) provide that service animals are allowed on the premises of a food establishment, so long as they are kept away from food preparation areas and no health or safety hazard will result from the presence or activities of ... http://vthospitalitylaw.com/blog1/2008/12/04/welcoming-guests-accompanied-by-service-animals-part-2/