PREFACE ix ACKNOWLEDGMENTS xiii 1 Prevention Philosophy 1 1.1 The Future Hospitality Manager And The Legal Environment 1 1.2 The Hospitality Manager and Legal Management 2 Legally Managing at Work: Applying the STEM Process in Hospitality Management 5 1.3 Ethics and the Law 6 International Snapshot: Mitigating Risks Associated with Legal and Ethical Compliance in International Business Transactions 12 What Would You Do? 13 What Did You Learn in This Chapter? 13 2 Government Agencies That Impact the Hospitality Industry 15 2.1 Federal Regulatory and Administrative Agencies 15 2.2 State Regulatory and Administrative Agencies 29 2.3 Local Regulatory and Administrative Agencies 33 2.4 Regulatory Interaction and Oversight Impacting Travel and Tourism 35 2.

5 Managing Conflicting Regulations 40 Legally Managing at Work: Recommended Steps for Responding to Inquiries and Complaints by Government Agencies 40 2.6 Responding to an Inquiry 41 2.7 Monitoring Regulatory Change 42 International Snapshot: Immigration 42 What Would You Do? 43 What Did You Learn in This Chapter 44 3 Hospitality Business Structures 45 3.1 The Importance of Business Structure 45 3.2 Common Hospitality Organizational Structures 46 3.3 Common Hospitality Operating Structures 51 3.4 The Agency Relationship 55 International Snapshot: A Comparative Overview of Business Entities in the Hotel Industry 58 What Would You Do? 58 What Did You Learn in This Chapter? 58 4 Contract Basics 59 4.1 Introduction to Contracts 59 4.

2 Components of an Enforceable Contract 61 4.3 The Uniform Commercial Code 64 4.4 Preventative Legal Management and Contracts 65 Legally Managing at Work: Eight Steps to Follow When Entering into Contracts 67 Legally Managing at Work: Reducing No-Show Reservations 70 International Snapshot: International Contracts 71 What Would You Do? 72 What Did You Learn In This Chapter? 72 5 Significant Hospitality Contracts 73 5.1 Specific Contract Clauses 73 5.2 Franchise Contracts 80 5.3 Management Contracts 84 5.4 Conference Services Contracts 87 International Snapshot: A Comparison of Franchise Disclosure Requirements under U.S.

Law and International Law 93 What Would You Do? 94 What Did You Learn In This Chapter? 94 6 Legally Managing Property 95 6.1 Introduction to Property 95 6.2 Purchasing Property 97 6.3 Financing the Purchase of Property 102 6.4 Leasing Property 105 Legally Managing at Work: Legal Considerations of Buying versus Leasing 109 6.5 Respecting Intellectual Property Rights 110 International Snapshot: U.S. Hotel Companies'' Options for Seeking Trademark Protection Abroad 114 What Would You Do? 115 What Did You Learn in This Chapter? 115 7 Legally Selecting Employees 117 7.

1 Employee Selection 117 7.2 Discrimination in the Selection Process 126 Legally Managing at Work: Accommodating Disabled Employees 128 7.3 Verification of Eligibility to Work 129 7.4 The Employment Relationship 134 International Snapshot: Canadian Employment Laws 137 What Would You Do? 138 What Did You Learn in This Chapter? 138 8 Legally Managing Employees 139 8.1 Employment Relationships 139 8.2 Workplace Discrimination and Sexual Harassment 141 8.3 Family and Medical Leave Act 148 8.4 Uniform Services Employment and Reemployment Rights Act 149 8.

5 Compensation 149 Legally Managing at Work: Calculating Overtime Pay for Tipped Employees 154 8.6 The Patient Protection and Affordable Care Act of 2010 156 8.7 Managing Employee Performance 157 Legally Managing at Work: Guidelines for Conducting Defensible Employee Terminations 160 8.8 Unemployment Claims 161 8.9 Employment Records and Retention 164 8.10 Employment Posting 166 8.11 Workplace Surveillance 166 International Snapshot: Managing Employees Abroad 168 What Would You Do? 169 What Did You Learn in This Chapter? 169 9 Your Responsibilities as a Hospitality Operator 171 9.1 Duties and Obligations of a Hospitality Operator 171 9.

2 Theories of Liability 172 9.3 Legal Damages 176 9.4 Anatomy of a Personal Injury Lawsuit 176 Legally Managing at Work: The Manager''s Role in Litigation 180 9.5 Responding to an Incident 180 Legally Managing at Work: Responding to an Accident 181 International Snapshot: Negligence 184 What Would You Do? 184 What Did You Learn in This Chapter? 185 10 Your Responsibilities as a Hospitality Operator to Guests 187 10.1 Accommodating Guests 187 10.2 Guest Privacy 191 Legally Managing at Work: Law Enforcement and Guest Privacy 192 10.3 Facility Maintenance 193 Legally Managing at Work: Five Steps to Facility Evaluation 196 10.4 Responsibilities to Nonguests 197 10.

5 Removal of Guests 198 Legally Managing at Work: Responding to Guest Health Emergencies 200 International Snapshot: Should Foreign Governments Adopt Provisions from the USA PATRIOT Act to Combat Terrorist Acts against the Hospitality Industry? 200 What Would You Do? 201 What Did You Learn in This Chapter? 201 11 Your Responsibilities for Guests'' Property 203 11.1 Liability For Guests'' Property 203 11.2 Bailments 205 11.3 Property with Unknown Ownership 209 Legally Managing at Work: Disposing of Found Property 211 International Snapshot: Limited Liability of Innkeepers in Canada 211 What Would You Do? 212 What Did You Learn in This Chapter? 212 12 Your Responsibilities When Serving Food and Beverages 213 12.1 Serving Food 213 Legally Managing at Work: Steps to Take When a Guest Complains of Foodborne Illness 215 12.2 Truth-in-Menu Laws 216 12.3 Serving Alcohol 221 International Snapshot: Understanding Barriers to Entry and Regulatory Requirements for Foreign Producers of Alcohol Seeking to Import to the United States 228 What Did You Learn in This Chapter? 229 13 Legal Characteristics of Travel and Tourism 231 13.1 Travel 231 13.

2 Travel Agents and Tour Operators 235 13.3 Transportation and Common Carriers 240 13.4 Tourism 246 13.5 Online Travel Sales 251 Legally Managing at Work: Internet Advertising Checklist 255 International Snapshot: Government Support of Tourism 255 What Would You Do? 256 What Did You Learn in This Chapter? 257 14 Safety and Security Issues 259 14.1 The Importance of a Protected Environment 259 14.2 Safety and Security Programs: Four-Step Safety and Security Management Method 262 Legally Managing at Work: Establishing an Effective Guestroom Lock Policy 266 14.3 Crimes against Hospitality Businesses 268 Legally Managing at Work: Procedures to Reduce the Incidence of Skipping 269 Legally Managing at Work: Guidelines for Handling Credit Cards 270 Legally Managing at Work: Personal Check Verification 271 14.4 Human Trafficking 273 14.

5 Crisis Management Programs 274 Legally Managing at Work: The Manager''s Responsibilities in a Crisis 277 Legally Managing at Work: Guest Relations in a Crisis Situation 278 Legally Managing at Work: Guidelines for Dealing with the Media during a Crisis 279 International Snapshot: Legal Claims and Recovery for Injury under Mexican Law 282 What Would You Do? 282 What Did You Learn in This Chapter? 282 15 Managing Insurance 283 15.1 Introduction to Insurance 283 15.2 Types of Coverage 285 15.3 Selecting an Insurance Carrier 289 15.4 Selecting the Insurance Policy 289 15.5 Policy Analysis 290 International Snapshot: Hotels Operating Internationally Need to Think Globally 292 What Would You Do? 293 What Did You Learn in This Chapter? 294 GLOSSARY 295 INDEX 301.