Wednesday January 25 y HFT 3603 Hospitality Law Exam 4 Chapter 13 current events travel agents and airlines Marriott is buying Starwood everyone thought hyatt was gonna buy Starwood ily given by that other person principal person who agent represents typically agent legal representative for the principal agency a relationship in which one person acts for or represents another based on authority voluntar if you re an agent you have a legal obligation to disclose who you re working for fabricating reality ex shell point beach pictures with mountains sold the land that now can never be built on he kept them ex hotel in paris foam in walls so gross independent contractors people who contract to do work for someone else but are engaged in an in dependent business for themselves tariffs a rule or condition of air travel that binds the airline and passengers pro airline exclusively govern the rights and liabilities between and airline and travel have the same legal validity as a law and are connected with travel travelers are bound to tariffs even if they don t know about it or expressly agree to them ex laptop in luggage all messed up airlines tariff pro airline were not responsible small claims court a forum that encourages people to act as their own advocates without a lawyer class action suit a legal device in which many people who have suffered losses from the same cause sue the defendant jointly 1 treble damages triple damages connected with racketeering and fraud RICO act racketeering and fraud working together colluding for price fixing ex trump university never awarded diplomas call yourself professor not professor sales experience not experts in real estate who point was to hook people in for 1500 for a weekend class Wednesday January 25 y rights of the traveler when travelers hand their baggage to an airline they are entering into a contract with the airline luggage is supposed to get to the final destination if not the airline is in breach of contract international flights warsaw convention sets limits of liability for lost stolen damaged or misdelivered baggage willful misconduct actions motivated by selfish economic interest flying overseas advice always take a change of clothes damaged baggage notice must be given to the airline within a specific number of days after receiving damaged luggage montreal convention controlled many aspects of lawsuits against airlines for damages and in the process of international airline travel neither the warsaw convention or the montreal convention applies to domestic flights security checkpoints airlines are required to conduct security screenings have a duty to safeguard passengers hand baggage during those checks airplane security federal law requires airlines to refuse to transport anyone who does not submit to a search 9 11 gave airlines concerns 1 terrorists 2 hijackers 3 unauthorized cockpit entry no knives lighters firearms poisons infectious materials blades scissors etc 18 and over need photo id e tickets electronic tickets paperless tickets representing reservations that are recorded exclusively in computer files disclosing need for assistance travelers with disabilities must make known their needs to the airlines 2 Wednesday January 25 y travel insurance insurance to protect ex 7 months pregnant cancelled cruise doctor wrote a note right of airlines to cancel scheduled flights ex power goes out bad weather mechanical problems ex Paris isis communication without law enforcement through play station 4 overbooking many people make reservations and then don t show up so they always overbook air line limits liability by helping them arrange alternate travel plans 3 hour cap on the length of time that domestic flights are allowed to linger on the tarmac security situa tion can be directed to disembark passengers if ur stuck on an airplane bathrooms must stay open and medical care should be provided serve them food and water after 2 hours federal aviation act states that the pilot has the authority to decide who is allowed to be on the air plane when it takes off disclaimer term in a contract that attempts to avoid all liability on the part of one party to the contract errors and omissions insurance minimizes financial effects of errors made by agents or their staff credit card fraud stolen card or unauthorized negligent entrustment providing a product for use by another person knowing that person is likely to use it in a dangerous manner ex rental cars Guest Speaker Employment lawyer pay between employer and employee 3 laws that deal with pay fair labor standards act 1938 federal law overtime just bc ur a salary employee doesn t mean ur not entitled to overtime college degree tips etc its the employers job to keep track of how many hours employees work 3 Wednesday January 25 y employee vs independent contractor uber drivers are independent contractors collective action can choose to be in enticing vistas of constant litigation misclassified of being exempt from overtime exemptions management hire fire people salary employe admin worker professional doctor lawyer teacher new computer worker outside sales dont have to give any notice anyone earning less than 50 000 a year you are entitled to overtime no retaliation provision asking for overtime and then getting hours cut or getting fired individual liability for managers I m suing the company and the boss individual florida leads the country in employee lawsuits esp south florida in an overtime lawsuit u can look back up to 3 years florida minimum wage act u can go back up to 5 years 8 05 per hour and if u earn tips employer can pay u less than minimum wage tip pool giving tips to people who are not tipped employees they cant pay u 3 less allows for class actions have to choose to be out tip credit 3 02 fee shifting rule that says if u sue ur lawyer for them owing u money u can make them pay for ur at torney fees if u win man fell from elevator shaft in this building and fell on his boss 4 Wednesday January 25 y 2 Leland Pillsbury COB speaker Monday Jan 11 sign up for extra credit handout Destin internships handout online courses while interning in destin by the beach Chapter 14 employment law one chapter in the book that they re gonna split up when they write the new edition of the book ch 14 on employment law every subject is changing congress push to address the fact that the middle class is disappearing fair labor standards act FLSA federal law adopted in 1938 to eliminate