Understanding Hospitality Law

This course explores laws and regulations affecting the U.S. hospitality industry with many examples and case histories.

Duration

3 Months

Study Mode

Distance Learning

What is Included?

  • Study plans with flexibility of time and space.
  • Globally recognized and verifiable Certificates and qualifications.
  • Premium subscription to GPDP Learning Resources worth US$250.
  • Premium subscription of Typsy–Australia worth US$96. (Video Training Courses)
  • Premium subscription to Internships & Placements Program to build your resume, and prepare for job interviews, with our AI-based video interviewing platform to land the job you want.
  • Lifetime membership of COTHM Community of Hospitality Students & Professionals.
  • Lifetime access to Online Events Portal to attend webinars and talks by industry experts
  • Career Pathway & Education pathway counseling

Criteria

Am I eligible for this progamme?

This course is most suited to individuals who are at least 16 years old, have a high school education.

English Proficiency

Candidates who do not have English as a first language will have to demonstrate competence in reading, writing, and listening skills in English.

About this Course​

Legal issues that can affect your property are numerous, and ignorance of the law is no excuse. This course explores laws and regulations affecting the U.S. hospitality industry with many examples and case histories. Topics include protecting guests, loss of property, wages and hours, labor relations, worker’s compensation, franchising, and the Internet. This course is NOT recommended for international students, as it focuses solely on U.S. legal issues.

Education Path

After successful completion of this professional qualification any of below certification path:

  • Continues to gain more Hospitality Certifications
  • Continue with Hospitality Specializations
  • Continue with  Hospitality Fundamentals Program
  • Continue with Hospitality Management Diploma

Career Path

Getting certified gives you the skills needed to prepare you for the wide-open world of hospitality. Once you have graduated, you can take several paths to apply your degree.

  • Food and Beverage Management
  • Rooms Division Management
  • Marketing Management
  • Destination Management
  • Human Resources
  • Resort Management
  • Club Management
  • Travel and Tourism Management

This certification can help you grow faster in your existing career as well can open new career opportunity  in the following industry  sectors:

  • Hotels
  • Motels
  • Restaurants
  • Fast Food Chains
  • Café
  • Catering Companies
  • Event Management Companies
  • Travel & Tour Operators
  • Airlines
  • Clubs
  • Cruise Ships

Assessment

Proctor Required: Yes
Number of Examinations:
 1
Number of Questions per Course: 200
Time Allowed per Course: 240 minutes
Passing Score: 70%

  • A moc exam is provided before the candidate appears in the final examination
  • A one week notice is required to schedule the final examination
  • All examination are held invigilated by COTHM administration

Awarding Body

Upon successful completion, the candidate will be awarded with:

  • Certification by American Hotel & Lodging Educational Institute.

Syllabus


Chapter 1: The Common Law Basis for Laws Governing the Hotelkeeper

1. Common Law
2. State Court Decisions
3. Federal Court Decisions
4. Defining Hotels, Motels, and Inns
a. Definition of a Hotel
b. Definition of a Motel
5. Important Points for Management

Chapter 2: The Hotelkeeper and the Laws of Contracts

1. Definition of a Contract
a. “Offer” Defined
b. “Acceptance” Defined
c. “Consideration” Defined
2. Express and Implied Contracts
3. Bilateral and Unilateral Contracts
4. Void and Voidable Contracts
5. Unenforceable Contracts
6. Statutes of Limitation
7. Important Points for Management

Chapter 3: The Hotelkeeper and the Laws of Torts and Negligence

1. Definition of a Tort
a. “Negligence” Defined
b. Elements of a Tort Action Based on Negligence
c. Res Ipsa Loquitur (“The Thing Speaks for Itself”)
2. Contributory Negligence
a. Only Four States Still Recognize Contributory Negligence
3. Comparative Negligence
4. Important Points for Management

Chapter 4: The Hotel’s Duty to Receive Guests and Its Right to Refuse Guests

1. Duty to Receive Guests
a. Federal Civil Rights Law
b. Remedies Under Federal Law
c. State Civil Rights Laws
d. The Business Reason to Obey These Laws
e. Hotel’s Duty to Receive Minors
2. Right to Refuse Persons
a. Possible Liabilities for Wrongful Refusal to Receive a Guest
b. Restrictions on Advertising
3. Important Points for Management

Chapter 5: Guest Reservations

1. Form and Effect of Agreement
2. Guest Lawsuits for Damages
3. Overbooking Issues
4. Important Points for Management

Chapter 6: Convention and Group Contracts with the Hotel

1. Convention Contract Format
2. Predicting the Future
a. Rates
b. Number of Guests
c. Cancellation
d. Force Majeure Clause
3. A Word About Insurance
4. Contract Review
5. Pertinent Case Law
6. Important Points for Management

Chapter 7: The Guest’s Right to Privacy

1. Guest Privacy Issues and Cases
2. Important Points for Management

Chapter 8: The Hotel’s Right to Evict a Guest, Tenant,

1. Distinction Between Guest and Tenant
a. How to Distinguish Guests from Tenants
b. Patrons in Hotel Restaurants and Bars
2. When and How a Hotel Can Evict a Guest
a. Violation of Hotel Regulations
b. Eviction for Non-Payment
c. Refusal of Service Because of Unpaid Bill
d. Eviction of a Guest Because of Illness
e. The Guest Who Overstays
3. Eviction of Persons Other Than Guests
4. State Laws on Eviction
5. Important Points for Management

Chapter 9: Americans with Disabilities Act–Public Accommodations

1. Title III—Public Accommodations
a. Full Enjoyment Requirement
b. Auxiliary Aids or Services Requirement
c. The Removal of Barriers in Existing Facilities
d. Accessibility of New or Renovated Hotels
e. Accessibility of Transportation Services
f. Enforcement and Penalties
2. Important Points for Management

Chapter 10: The Hotel’s Duty to Protect Guests

1. Reasonable Care Rule
a. Recreational Facilities, Exercise Rooms, and Health Clubs: Liability for Guests’ Injuries
b. Agreements Seeking to Relieve Hotels from Liability
2. Acts of Hotel Employees
3. Acts of Other Guests and Patrons
4. Assault by Third Parties in Restrooms
5. Assault by Third Parties in Hotel Parking Lots
6. Acts by Third Parties at Hotel Entrances
7. Educating the Public in Travelers’ Safety
8. Important Points for Management

Chapter 11: The Hotel’s Liability Regarding Guests’ Property

1. State Statutes Limiting Liability
a. Liability for Valuables
b. Personal Property Other Than Valuables
c. Guest’s Room, Hallways, and Lobby Checkrooms
d. Baggage Rooms and Storerooms
e. Merchandise Samples
f. Loss by Fire
2. Unclaimed Property
3. Liability for Handling Mail for Hotel Guests
4. Liability for Automobiles of Guests and Others
a. Theory of Bailment
b. The Hotel’s Claim When the Hotel Does Not Own or Manage the Garage
5. Important Points for Management

Chapter 12: The Hotel’s Liability for Loss of Property of Non-Guests

1. General Nature of Liability
2. Bailments for Non-Guests
3. Hotel Liability for Restaurant Patrons’ Property
4. Hotel Defenses to Liability Claims
5. Important Points for Management
Chapter 13: Safekeeping Facilities
1. Guests’ Valuables
2. Posting Notices
3. Statutory Limits on Hotel’s Liability When Hotel’s Negligence Is Alleged as Cause of Loss
a. Constitutionality of Statutory Limits
4. Important Points for Management

Chapter 14: Frauds Committed Against Hotels and Crimes of Trespass

1. Crimes Against Hotels
a. Defrauding a Hotel
b. Credit Card Fraud
c. Bad Checks
2. How Hotels Can Take Advantage of Criminal Statutes
3. Caveats on Detention of Guests
4. Important Points for Management

Chapter 15: Deceased guests

1. Disposition of Property of Deceased Guest or Patron
a. Delivery to Executor or Administrator
b. Tax Waiver
c. Property of Little Value
2. Role of Public Administrator and Police Department
3. Important Points for Management

Chapter 16: General Laws Regarding Food

1. Federal Laws Regarding Food
2. State and Local Laws Regarding Food
3. General Liability for Unwholesome Food
4. Warranties
5. Privity of Contract
6. Uniform Commercial Code
7. Strict Liability
8. Important Points for Management

Chapter 17: Other Laws Relating to Food Service

1. Truth-in-Menu Laws and Labeling Laws
2. Other Food Service Issues
a. Kosher Food
b. Prohibition Against the Use of Sulfiting Agents
c. New York State Sought Pesticide Notice to Guests
d. New York City Law Banning Trans-Fats
e. Caloric Labeling Laws
3. Important Points for Management

Chapter 18: State Laws Relating to Alcoholic Beverages

1. General Nature of Control by State
2. Application for and Issuance of Licenses
3. General Restrictions on Licensees
a. Removal
b. Corporate Changes
c. The Employment of Minors
d. Illegal Sales
4. Liability Under State Dram Shop Acts
5. Common Law Liability for Serving Alcoholic Beverages to Intoxicated Persons
6. Hours and Premises of Sale
7. Books and Records
8. Important Warning
9. Important Points for Management

Chapter 19: Wage and Hour Laws Applicable to Hotel Employees

1. Coverage of Federal and State Laws
2. Minimum Wage Rates Under Federal Law
a. Tip Credits
3. FICA and FUTA Taxes
4. Meals and Lodging
5. Uniform Maintenance
6. Student Employees
7. Important Points for Management

Chapter 20: The Family and Medical Leave Act

1. Covered Employers and Eligible Employees
a. Leaves of Absence for Eligible Employees
b. Leave Schedules
c. The Relationship of FMLA Leaves to Other Forms of Paid or Unpaid Leave
d. Health Benefits During the Leave
e. Additional Protection for Employees
f. Exception for Highly Compensated Employees
g. Prohibitions for Employers
h. “Serious Health Condition” Defined
i. Spouses Employed by the Same Employer
j. Employee Responsibilities
k. Employee Transfers to Alternative Positions
l. Change or Termination of Employment
m. Special Considerations for Unionized Employees
n. Employer Penalties for Non-Compliance
2. The FMLA’s Effect on State Laws
3. Regulations
4. Important Points for Management

Chapter 21: Laws Against Discrimination in Employment

1. Federal and State Laws
2. Sex Discrimination
3. Age Discrimination
4. Race Discrimination
5. Religious Discrimination
6. National Origin Discrimination
7. Affirmative Action Programs
8. Marital Status Discrimination
9. The Civil Rights Act of 1991
10. Sexual Harassment of Employees
11. Pregnancy Discrimination Act
12. Americans with Disabilities Act—Employment
a. Definition of “Disability”
b. Qualified Individuals
c. Drug Testing
d. Infectious and Communicable Diseases
e. Reasonable Accommodations Requirements
f. Exceptions for Undue Hardship
g. Pre-Employment Interviews
h. ADA Posting Requirements
i. Enforcement and Damages
j. State and Local Disability Discrimination Laws
13. Discrimination in Advertising for Employment
14. Important Points for Management

Chapter 22: Use of Lie Detector Tests by Hotel Management

1. Employee Polygraph Protection Act of 1988
a. General Prohibitions
b. Exemptions
c. Additional Requirements and Protections
d. Enforcement and Penalties
2. How Lie Detectors Function
3. Caution in Using Tests
4. Important Points for Management

Chapter 23: National Labor Relations Act

1. Rights of Employees
2. Employee Elections
3. Unfair Labor Practices
a. Procedures in Unfair Labor Practice Cases
b. Remedies in Unfair Labor Practice Cases
4. “Right-to-Work” Laws
5. Important Points for Management

Chapter 24: Immigration Reform and Control Act of 1986

1. Verification of Employee Eligibility
a. Documentation
b. Completion of Form I-9
2. Penalties
a. Penalties for Failing to Comply with Form I-9 Requirements
3. Anti-Discrimination Provisions
4. Conclusion
5. Important Points for Management

Chapter 25: Federal Social Security, Unemployment Insurance, and Workers’ Compensation

1. Federal Insurance Contributions Act (FICA)
a. Withholding of Employee’s FICA
b. Employee’s Social Security Card
c. Returns and Payment of Tax Employer Credit for FICA Paid on Tip Income
d. Records
e. Social Security on Orchestras
f. Important Points for Each Hotel to Check
2. Federal Unemployment Tax Act (FUTA)
a. Employers Subject to FUTA
b. Returns and Payment of FUTA Tax
c. Rate of Tax and Credits Against Tax
d. Records
e. Penalties
f. Unemployment Insurance Payments on Hotel Orchestras
g. FICA and FUTA Taxes on Tips
h. Employees’ Free Meals Furnished for the Convenience of the Employer—the FICA and FUTA Tax
Question
3. State Unemployment Insurance Programs
4. State Laws on Workers’ Compensation
5. Important Points for Management

Chapter 26: Federal Income Tax: Withholding and Reporting Requirements

1. General Nature of Law—Federal Income Tax
2. Determination of Wages
3. Deposit of Tax
4. Returns and Payment of Tax
5. Withholding Statements to Be Furnished to Employees
6. Annual Report of Withholding
7. Meals and Lodging
8. Tip Reporting
9. Important Points for Management

Chapter 27: Maintenance of Guest Registers

1. Examination of Guest Registers and Records by Police Officers and Others
2. Election Laws
3. Important Points for Management

Chapter 28: Consumer Protection Laws Affecting Hotels

1. The Federal Consumer Credit Protection Act
2. State Laws Protecting Consumers
a. Credit Card Laws
b. Consumer Contracts: Print Size and Plain Language Laws
c. Catering Contracts
d. Posting of Rates
e. No-Smoking Laws
3. Important Points for Management

Chapter 29: Public Health and Safety Requirements

1. Building Codes
2. Hotel Linens, Towels, and Glasses
3. Water Supplies, Sewage Systems, and Drainage
4. Contagious Diseases
5. Swimming Pools
6. Laws Regarding Aid to Choking Victims
7. Important Points for Management

Chapter 30: Occupational Safety and Health Act

1. Reporting and Recordkeeping Requirements
2. Posting Requirements
3. Inspections: Employers’ and Employees’ Rights and Remedies
4. State Workplace Safety and Health Programs Under OSHA
5. OSHA Regulations on Bloodborne Pathogens
6. Medical Emergencies
7. Hazard Communication Standard
8. Important Points for Management

Chapter 31: Licensing and Regulation of Hotels by Cities, Towns, and Villages

1. Types of Regulation
a. Licenses to Operate, Certificates, Permits, and Inspections
b. Other Local Regulations
c. Taxes
2. Important Points for Management

Chapter 32: Telephone Service and Resale Rights

1. Resale of Interstate and International Telephone Service
a. Posting Telephone Notice
2. Intrastate Calls
3. Pay Phones
4. Telephone Regulations for the Hearing-Impaired
5. Important Points for Management

Chapter 33: Copyright Laws for Music, Television, Video, and Movies

1. Copyright Societies
2. Exemptions Under the Copyright Act of 1976
3. Unauthorized Interception of Cable Television Broadcasts
a. The Communications Act of 1934—47 U.S.C. § 605
b. The Copyright Act of 1976, as Amended
c. State Statutes and Common Law Causes of Action
d. The Cable Communications Policy Act of 1984
4. Videodisc and Videocassette Movies
5. Important Points for Management

Chapter 34: Fire Safety Laws

1. Federal Laws—OSHA
a. OSHA Regulations on Fire Brigades
b. Fire Equipment Standards of OSHA
2. State and Local Fire Legislation
3. Federal Fire Safety Act
4. Court Cases
a. Civil Actions
b. Criminal Actions
5. Private Sector Aids
6. Important Points for Management

Chapter 35: Taxes

1. Franchise Taxes on Corporations
2. Unincorporated Business Income Taxes
3. Sales and Use Taxes
4. Hotel Room Occupancy Taxes
5. Federal Liquor Taxes
a. Enforcement of Federal Law
b. Special Tax on Retail Liquor Dealers
c. Mixing of Cocktails
d. Used Liquor Bottles
e. Records to Be Kept
f. In Conclusion
6. State Liquor Taxes
7. Important Points for Management

Chapter 36: Warranties and Product Liabilities

1. Warranties
a. Express Warranties
b. Implied Warranties
c. Seller’s Disclaimers of Express and Implied Warranties
d. Warranties of Title
2. Federal Laws on Product Liability
a. Consumer Product Safety Act
b. Proposed Federal Laws on Product Liability
c. Basic Standards of Responsibility for Manufacturers Under the Act
d. Basic Standards of Responsibility for Non-Manufacturer Product Sellers
3. State Laws on Product Liability
4. Important Points for Management

Chapter 37: Antitrust Laws and Hotels

1. The Purposes of Antitrust Laws
2. Major Antitrust Statutes
a. The Sherman Act
b. The Clayton Act
c. The Federal Trade Commission Act
3. Requirement of an “Agreement”
4. Penalties for Violation of Antitrust Laws
5. Application of Antitrust Laws
a. Relations Between Individual Hotel and Motel Operators
b. Relations with Third Parties: Suppliers and Customers
c. Hotel and Motel Trade Associations
6. Important Points for Management

Chapter 38: Understanding Franchising

1. What Is Franchising?
2. The Franchise Contract
a. What to Look for in Reviewing the Franchise Contract
3. Federal Trade Regulations
a. When Disclosures Must Be Made
b. Other Disclosures
c. Franchise Disclosure Document
d. Acts or Practices Which Violate the FTC Rule and Potential Liabilities
4. A Note on Hotel Management Contracts
5. Important Points for Management

Chapter 39: Legal Issues Involving the Internet

1. How the Internet Functions
2. Privacy Concerns
3. Antitrust Concerns
4. Music Copyright Concerns
5. Employees’ Use of the Internet
6. Important Points for Management

Chapter 40: The Impact of Terrorism on Laws Governing Hotels

1. The USA PATRIOT Act
2. Check Cashing
a. Suspicious Activity Reporting
3. Specially Designated Nationals
4. Important Points for Management

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