|Sept. 5, 2017 | www.fisherphillips.com|
Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and casino unlawfully retaliated against a former employee by barring her from its premises after she filed a suit for unpaid wages (MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino/HG Staffing). Following this decision, employers should think twice before limiting access to former employees because of a pending lawsuit, claim, or charge.
Every year, an increasing number of states and localities clamp down on an employer’s ability to ask about applicants’ criminal histories (our update from earlier this year provides a good primer). The good news is that employers in the hospitality industry have been adapting to ever-evolving “ban-the-box” laws for years now, and even those in jurisdictions without such laws are generally aware of the EEOC Guidance on the subject.