Stokes Wagner Law Firm
Stokes Wagner

Hotels are entering a new phase of union activity—one defined not only by traditional bargaining cycles, but by property access fights, coordinated grievances, and escalating picketing designed to force concessions before negotiations even begin. Q4 is historically a particularly vulnerable period for operators: peak group business, holiday travel, and compressed staffing. Unions know this, and they are positioning their efforts around these operational pressure points.

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Stokes Wagner is strengthening its national Labor Relations practice, building on decades of experience representing hospitality employers in complex labor matters. As part of this effort, the firm is expanding the team dedicated to labor relations, broadening its capabilities in labor-focused due diligence and workforce strategy, and increasing its capacity to support clients with complex collective bargaining and multi-property labor matters.

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Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) in March 2022, limiting the enforceability of pre-dispute arbitration agreements in certain sexual assault and sexual harassment cases. Under the EFAA, an employee who alleges conduct constituting sexual assault or sexual harassment may choose to pursue the case in court rather than arbitration, even if the employee previously signed an arbitration agreement.

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The AWI-CH designation recognizes specialized training in conducting fair, thorough, and impartial workplace investigations. Eugene’s achievement further strengthens the experience and resources we bring to employers navigating sensitive and complex workplace issues.

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California employers recently received reassurance from the Court of Appeal that minor drafting inconsistencies will not necessarily invalidate an employment arbitration agreement when the parties’ intent is clear. A new California law, however, will narrow the circumstances in which certain disputes may be compelled to arbitration beginning January 1, 2027.

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The National Labor Relations Board (“NLRB”) is likely to reconsider several Biden-era labor decisions following the U.S. Senate’s confirmation of James Macy and David Prouty on August 7, 2026.

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On April 22, 2026, Second District Court of Appeal, Division 7, reaffirmed an important principle for California employers: minor inconsistencies in arbitration agreements will not necessarily render those agreements unenforceable where the parties clearly intended to arbitrate employment disputes. Santana v. Studebaker Health Care Center, LLC (Cal. Ct. App., Second Dist., Div. 7, Apr. 22, 2026).

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On April 24, 2026, Maine enacted 26 MRSA § 622-A which requires Maine employers to disclose pay ranges and maintain records of employees’ pay histories starting July 29, 2026.

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Running a hotel or restaurant means balancing guest service and satisfaction, staffing shortages, and compliance. Below are five common compliance mistakes we continue to see, along with a practical checklist hospitality employers can use before year-end to reduce legal risk.

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Many employers use AI systems to do an initial screening of employment applications received for open positions, and for other purposes as well. Connecticut and Colorado have passed new laws, taking effect soon, that will require employers who use such systems to disclose their use and create potential liability for failure to do so.

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