Margarita Calpotura Hospitality Law Blog on Lawyers.com

Police requests to search guestrooms can place hotel owners in a difficult situation.  Hotel owners must balance the interests of preventing crimes on their property, versus potential civil liability for unlawful entries or searches of guestrooms.  As a general rule, hotel owners and employees should not consent to police entry or searches of guestrooms without a warrant.

A guest has a reasonable expectation of privacy in his/her room.  Police must have either a warrant unless (1) the guest or someone with authority consents to the entry, (2) the guest has vacated the guestroom; or (3) exigent circumstances justify the entry.  Exigent circumstances justifying entry include preventing impending physical harm to officers or others, the destruction of evidence, the escape of the suspect, or some other event improperly frustrating legitimate law enforcement efforts.

Determining the propriety of an entry or search is always a fact specific analysis of each incident.  When possible, hotel owners and employees should always require a warrant before any police entry or search.  It is also recommended that hotel owners and employees become apprised of situations where a warrantless entry is typically allowed.  This will enable hotel owners and employees to cooperate with law enforcement officials while decreasing the hotel’s potential liability for invasion of privacy claims, which can include damages for mental suffering and emotional distress, medical and psychiatric expenses, loss of earnings, and injury to reputation.

Each situation varies and knowledgeable counsel should be consulted to help formulate these strategies and navigate these complex issues.

For questions, comments, or further information contact The Miller Law Group, P.C., at 650-566-2290.  Since 1981, attorney Mitchell Miller has served as counsel to numerous companies in a wide range of sectors, including real estate and development, hospitality, construction, and information technology.

There are numerous Federal and State laws governing audio recordings.  These laws prohibit making audio recordings of confidential communications without consent.  Some states require only one party’s consent to the audio recording, while others require the consent of all parties to the confidential communication.  A communication is confidential if any party to the conversation expects that it will be confined to the parties, but if the parties understand that it may be communicated to a third party, the communication is not confidential.

It is recommended, as a general policy, that hotel owners refrain from audio recordings unless consent is obtained from all parties before any recordings are made.  Violating Federal and/or State wiretap laws can expose hotel owners to criminal prosecution and civil liability for the damages suffered by the recorded party.

Each situation varies and knowledgeable counsel should be consulted to help formulate these strategies and navigate these complex issues.

For questions, comments, or further information contact The Miller Law Group, P.C., at 650-566-2290.  Since 1981, attorney Mitchell Miller has served as counsel to numerous companies in a wide range of sectors, including real estate and development, hospitality, construction, and information technology.

Mischaracterizing an inside salesperson as an outside salesperson can be costly.  Inside salespersons are subject to Federal and State overtime and minimum wage laws.  However, outside salespersons are exempt from the overtime and minimum wage laws.  According to Federal law, an outside salesperson is one whose primary duty is making sales or obtaining orders or contracts for services or for the use of the facilities for which consideration will be paid by the client or consumer, and the employee must be customarily and regularly employed away from the employer’s place of business.  Some State laws have different requirements for outside salespersons to qualify for the wage exemptions, so hotel owners should confirm compliance with their State’s laws. 

Hotel owners employing individuals thought to be outside salespersons should examine the duties performed by the salesperson, and the amount of time spent performing the duties away from the hotel.  A misclassification can subject the hotel to substantial amounts of back overtime pay.

Each situation varies and knowledgeable hospitality attorneys should be consulted to help formulate these strategies and navigate these complex issues.

For questions, comments, or further information contact The Miller Law Group, P.C., at 650-566-2290, or go to http://www.millerlg.com.  Since 1981, attorney Mitchell Miller has served as counsel to numerous companies in a wide range of sectors, including real estate and development, hospitality, construction, and information technology.