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Hospitality Law
Managing Legal Issues in the Hospitality Industry
Stephen C. Barth (Author), Diana S. Barber (Author)
9781394321209, Wiley
Paperback / softback, published 2 October 2025
352 pages
27.2 x 21.6 x 2.5 cm, 0.794 kg
New edition of the leading textbook on the complex legal issues which arise in hospitality: restaurants, bars, hotels, and more Hospitality Law helps teach readers what they need to know to manage a facility legally, safely, and securely, taking an applied approach to the study of hospitality law with its touchstone of compliance and prevention. The legal information provided is carefully selected to specifically correlate with helping readers understand how to do the right thing. The book is highly pedagogical and includes many interactive exercises and real-world cases that help readers focus on the practical application of hospitality laws and model their decision process to keep employees and guests safe while avoiding liability. The authors immediately help readers learn about the legalities of situations and work through exercises, both individually and in groups, to effectively apply them to hospitality management situations. Many instructors teach their course from a very applied perspective, which aligns with the book’s approach. Updates in this newly revised Sixth Edition of Hospitality Law include: Hospitality Law is an excellent learning aid for students in hospitality courses and professionals needing legal insights into the hospitality industry.
Preface ix Acknowledgments xiii About the Companion Website xv 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 11 What Would You Do? 12 What Did You Learn in this Chapter? 12 2 Government Agencies that Impact the Hospitality Industry 13 2.1 Federal Regulatory and Administrative Agencies 13 2.2 State Regulatory and Administrative Agencies 27 2.3 Local Regulatory and Administrative Agencies 31 2.4 Regulatory Interaction and Oversight Impacting Travel and Tourism 33 2.5 Managing Conflicting Regulations 38 Legally Managing at Work: Recommended Steps for Responding to Inquiries and Complaints by Government Agencies 38 2.6 Responding to an Inquiry 39 2.7 Monitoring Regulatory Change 40 International Snapshot 40 What Would You Do? 42 What Did You Learn in this Chapter? 42 3 Hospitality Business Structures 43 3.1 The Importance of Business Structure 43 3.2 Common Hospitality Organizational Structures 44 3.3 Common Hospitality Operating Structures 49 3.4 The Agency Relationship 53 International Snapshot: A Comparative Overview of Business Entities in the Hotel Industry 56 What Would You Do? 56 What Did You Learn in This Chapter? 56 4 Contract Basics 57 4.1 Introduction to Contracts 57 4.2 Components of an Enforceable Contract 59 4.3 The Uniform Commercial Code 62 4.4 Preventative Legal Management and Contracts 63 Legally Managing at Work: Eight Steps to Follow When Entering into Contracts 65 Legally Managing at Work: Reducing No-show Reservations 68 International Snapshot: International Contracts 69 What Would You Do? 70 What Did You Learn in this Chapter? 70 5 Significant Hospitality Contracts 71 5.1 Specific Contract Clauses 71 5.2 Franchise Contracts 78 5.3 Management Contracts 83 5.4 Conference Services Contracts 86 International Snapshot 92 What Would You Do? 93 What Did You Learn in this Chapter? 93 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 115 What Would You Do? 116 What Did You Learn in this Chapter? 116 7 Legally Selecting Employees 117 7.1 Employee Selection 117 7.2 Discrimination in the Selection Process 125 Legally Managing at Work: Accommodating Disabled Employees 128 7.3 Verification of Eligibility to Work 129 7.4 The Employment Relationship 137 International Snapshot: Canadian Employment Laws 140 What Would You Do? 141 What Did You Learn in this Chapter? 141 8 Legally Managing Employees 143 8.1 Employment Relationships 143 8.2 Workplace Discrimination and Sexual Harassment 147 8.3 Family and Medical Leave Act 156 8.4 Uniformed Services Employment and Reemployment Rights Act 157 8.5 Compensation 157 Legally Managing at Work: Calculating Overtime Pay for Tipped Employees 162 8.6 The Patient Protection and Affordable Care Act of 2010 163 8.7 Managing Employee Performance 164 Legally Managing at Work: Guidelines for Conducting Defensible Employee Terminations 168 8.8 Unemployment Claims 169 8.9 Employment Records and Retention 171 8.10 Employment Posting 173 8.11 Workplace Surveillance 173 International Snapshot: Managing Employees Abroad 175 What Would You Do? 176 What Did You Learn in this Chapter? 177 9 Your Responsibilities as a Hospitality Operator 179 9.1 Duties and Obligations of a Hospitality Operator 179 9.2 Theories of Liability 180 9.3 Legal Damages 184 9.4 Anatomy of a Personal Injury Lawsuit 184 Legally Managing at Work: The Manager’s Role in Litigation 188 9.5 Responding to an Incident 188 Legally Managing at Work: Responding to an Accident 189 International Snapshot: Negligence 192 What Would You Do? 192 What Did You Learn in this Chapter? 193 10 Your Responsibilities as a Hospitality Operator to Guests 195 10.1 Accommodating Guests 195 10.2 Guest Privacy 199 Legally Managing at Work: Law Enforcement and Guest Privacy 200 10.3 Facility Maintenance 201 Legally Managing at Work: Five Steps to Facility Evaluation 207 10.4 Responsibilities to Nonguests 211 10.5 Removal of Guests 212 Legally Managing at Work: Responding to Guest Health Emergencies 214 International Snapshot: Should Foreign Governments Adopt Provisions from the USA PATRIOT Act to Combat Terrorist Acts against the Hospitality Industry? 214 What Would You Do? 215 What Did You Learn in this Chapter? 215 11 Your Responsibilities for Guests’ Property 217 11.1 Liability for Guests’ Property 217 11.2 Bailments 220 11.3 Property with Unknown Ownership 223 Legally Managing at Work: Disposing of Found Property 225 International Snapshot: Limited Liability of Innkeepers in Canada 225 What Would You Do? 226 What Did You Learn in this Chapter? 226 12 Your Responsibilities When Serving Food and Beverages 227 12.1 Serving Food 227 Legally Managing at Work: Steps to Take When a Guest Complains of Foodborne Illness 229 12.2 Truth- In- Menu Laws 230 12.3 Serving Alcohol 235 International Snapshot: Understanding Barriers to Entry and Regulatory Requirements for Foreign Producers of Alcohol Seeking to Import to the United States 242 What Would You Do? 243 What Did You Learn in this Chapter? 243 13 Legal Characteristics of Travel and Tourism 245 13.1 Travel 245 13.2 Travel Agents and Tour Operators 249 13.3 Transportation and Common Carriers 255 13.4 Tourism 261 13.5 Online Travel Sales 267 Legally Managing at Work: Internet Advertising Checklist 270 International Snapshot: Government Support of Tourism 272 What Would You Do? 273 What Did You Learn in this Chapter? 273 14 Safety and Security Issues 275 14.1 The Importance of a Protected Environment 275 14.2 Safety and Security Programs: Four- Step Safety and Security Management Method 278 Legally Managing at Work: Establishing an Effective Guestroom Lock Policy 285 14.3 Crimes Against Hospitality Businesses 288 Legally Managing at Work: Procedures to Reduce the Incidence of Skipping 289 Legally Managing at Work: Guidelines for Handling Credit Cards 290 Legally Managing at Work: Personal Check Verification 290 14.4 Human Trafficking 292 14.5 Crisis Management Programs 293 Legally Managing at Work: The Manager’s Responsibilities in a Crisis 296 Legally Managing at Work: Guest Relations in a Crisis Situation 298 Legally Managing at Work: Guidelines for Dealing with the Media During a Crisis 300 International Snapshot: Legal Claims and Recovery for Injury Under Mexican Law 302 What Would You Do? 303 What Did You Learn in this Chapter? 303 15 Managing Insurance 305 15.1 Introduction to Insurance 305 15.2 Types of Coverage 307 15.3 Selecting an Insurance Carrier 311 15.4 Selecting the Insurance Policy 311 15.5 Policy Analysis 313 International Snapshot: Hotels Operating Internationally Need to Think Globally 314 What Would You Do? 316 What Did You Learn in this Chapter? 316 Glossary 317 Index 323
Subject Areas: Cookery / food & drink etc [WB]
