Managing Workforce Legal Risks: Identifying and Minimizing Employer Liability While Ensuring Employees Are Your Best Advocates

February 26, 2015 1:15pm

Jyll Lottner
Employment Counsel
Vail Resorts Management Company

Lisa Hogan
Brownstein Hyatt Farber Schreck LLP

Enrique Gonzalez III
Fragomen, Del Rey, Bernsen & Loewy, LLP

Employers and employees at recreation, leisure, and amusement facilities must work closely together to ensure the safety of the employees and the patrons. An employee’s actions have the potential to translate into liability for the employer, or contribute towards a positive brand building campaign. Therefore, strong employment policies are paramount in order to identify the hidden dangers and minimize the risks of being found liable for an employee’s wayward actions. This panel shall explore:

  • Understanding the impact of social media in the workplace and how it can go awry
  • Analyzing the implications of alcohol and drug use in the workplace
  • Comprehending the legal issues when hiring with an eye towards promoting your company’s brand
  • Supporting cultural exchange and understanding the benefits and risks of hiring exchange visitors (J-1 visa students)
    • Working with the sponsoring organization on the hiring and visa application process
  • Hiring temporary seasonal employees under the H-2B temporary worker visa when not enough U.S. workers can be found
    • Understanding the 66,000 cap per fiscal year on H-2B visas
    • Analyzing the limitations of stay in the United States for H-2B visas
  • Identifying foreign investors under the EB-5 visa program to build a new recreation or leisure facility
    • Distinguishing between when a $500,000 versus $1 million investment must be made by a foreign investor