Library Archives

 
Benjamin  Ebbink

Responding to years of pressure from union advocates and their allies, the California Occupational Safety and Health Administration (Cal/OSHA) has proposed a first-in-the-nation, industry-specific rule aimed at hotel housekeepers. If enacted, this proposal would greatly impact the industry in California (as well as operators who conduct business in multiple states including California). In addition, as California tends to lead the nation in employment and workplace safety standards, operators in other states should monitor this proposal closely – what happens in California may come to your state next! Read on...

Steven D. Weber

Taking measures to protect your hospitality organization's trade secrets before filing or defending against a lawsuit may significantly increase your organization's chances of obtaining a favorable result in any lawsuit related to the misappropriation of trade secrets. While there are many ways to protect information, hospitality organizations need to be educated on what the law applicable to them considers to be "reasonable" steps that provide the secrecy that is required under the circumstances. This article explores how some courts have interpreted what is reasonable or adequate protection of information such that the information may qualify as a trade secret. Read on...

John Mavros

Retaliation continues to be the most common claim brought against employers before governmental agencies and in the civil court system. According to Equal Employment Opportunity Commission (EEOC), the agency that enforces Federal labor laws, the EEOC received 42,018 charges of retaliation in 2016. That means that a retaliation claim was asserted in 45.9% of all charges submitted. This is more than discrimination based on race and more than discrimination based on disability. Even more concerning is the consistent uptick in retaliation charges, which have increased in number every year since 1997. So, what can employers do to protect themselves against this ever-growing threat? Read on...

Dana Kravetz

Eighteen months since the National Labor Relations Board (NLRB) revised its standard for the imposition of joint employer liability, and hoteliers remain in a state of legal limbo, unsure what 2017 and beyond have in store on the issue. For those hotel and resort operators whose best response to the question, "how should we continue to move forward in the wake of BFI?" is a shrug of the shoulders, a current scorecard for your consideration. The NLRB shook the hotel franchisor/franchisee landscape with its jaw-dropping Browning-Ferris Industries of California (BFI) decision back in August 2015, which drastically eased the criteria for a company to be considered a joint employer. Read on...

Albert Pucciarelli

When we think about alternative dispute resolutions, our first thoughts are likely go to mediation and arbitration. This article, however, discusses a third option – expert determination – whereby the parties who have been unable to resolve a dispute generally concerning a specific, technical matter, look to a specifically qualified individual to decide the matter for them. Read on...

John Mavros

Tip-pooling is a common method for restaurants and similar service businesses to allow back of the house staff and others to share in tips received from customers. However, the US Department of Labor's regulations and recent rulings by the Ninth Circuit have effectively made tip pooling a thing of the past. This article will explore the current state of tip-pooling laws and the effect that Donald Trump's pick for Labor Secretary, Andrew Puzder, may have on tip-pooling and other regulations in the years to come. Read on...

Steven D. Weber

Many of today's hospitality consumers are not only looking for a place to rest their head, but also for a one-of-a-kind experience. If the ingredients for such an experience are stored on computers, in e-mails, in manuals, or even in the heads of employees, then they are susceptible to misappropriation. The risk of misappropriation is compounded by the ease by which employees today may misappropriate those trade secrets by using their smart devices to take photographs, send e-mails, and transfer files. Waiting until the unthinkable happens is unacceptable. Read on...

Amy Bailey

There's a big red bulls eye in the hotel industry. In fact, accommodation and food services ranks #1 in sheer volume for wage and hour prosecutions by the Department of Labor. That's 24.4% of all the cases that have been brought since 1985. To put that number into perspective, hotels, restaurants, and bars—from the behemoths to the holes in the wall—have been required to pay more than $276 million in government prosecutions alone, with an average payout of $9.5k for every business affected. Read on...

Lynn K. Cadwalader

Looking forward to 2017, the EB-5 Immigrant Visa Program will face both challenges and opportunities. Fortunately for the Hospitality Industry, hotels are still ideal projects for EB-5 financing. In this Article, I will discuss some of the major issues and impacts on the EB-5 Immigrant Visa Program anticipated for 2017, and review the benefits to financing hotels through the EB-5 Program. Read on...

Theodore C. Max

The FTC's has stepped up enforcement of social media advertising in the entertainment and fashion industries and this effort is likely to continue and expand to other industries. Advertisers and retailers in the travel tourism and hospitality industry need to be mindful to make sure that if any content is sponsored or any influencer or spokesperson is paid to promote a product or services online, a clear and conspicuous disclosure is required. It is possible that FTC enforcement also may soon target individual influencers and require clear and conspicuous disclosures by them regarding the endorsement of products or services for compensation. Read on...

William A. Brewer

They're Coming to the U.S.A. Foreign investors are making headlines as they take ever bigger positions in the U.S. hospitality market. Notably, the structure of the hotel management agreement (HMA) – a complex and often misunderstood instrument – has major legal implications for foreign owners and managers. In this article, we explore the friction between owners and operators whose interests are not always aligned – particularly during periods of economic downturn. Therefore, negotiating a proper HMA is critical to governing the relationship. Read on...

Banks Brown

CDA § 230 is shorthand for Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (2016). It is the law cited by short term rental companies ("STRC"), such as Airbnb, when they argue with city and state governments and in the courts that their businesses are not subject to state and local regulation. It is fair to say that the STRCs are of the opinion that city and state governments are nearly powerless to regulate them in any way whatsoever, absent their consent. Read on...

Victoria Kane

Business planning for next year is in the works to increase revenue and profitability in uncertain economic times. Hotels are forecasting occupancy by predicting tourism trends affected by extreme weather, airline troubles, tax increases, and terrorism. However, if businesses don't have a risk management strategy for compliance with ever-changing laws affecting employment, benefits, safety, social media use, accessibility, and privacy, they are already way behind. To assist in the prioritization of a hotel's compliance strategy, this article highlights some of the top legal issues occurring in employment, but which directly impact operations. Read on...

John R. Hunt

Last year, the U.S. Supreme Court issued a decision that placed restrictions on the ability of law enforcement officers to inspect hotel guest registers and other records. Many local laws, which had authorized unlimited police inspections, suddenly were rendered unconstitutional. This article reviews that decision and discusses the developments that have occurred in this area during the past year. Until recently, hotels in many jurisdictions routinely provided the police with access to their guest registers without much concern about the privacy issues that might be involved. After all, numerous cities and towns possessed ordinances that required hotels to collect specific guest information and allowed the police inspect the information upon request. Read on...

Luis J. Gonzalez

Complying with the Fair Labor Standards Act (FLSA) and the Department of Labor's (DOL) regulations for tipped employees continues to present challenges for hoteliers and others in the hospitality industry. While recent attention has been paid to proper tip pooling practices (employers requiring certain tipped employees to chip in a portion of their tips, which are then divided among a group of employees), equal attention must be given to the FLSA's mandatory notice provision to tipped employees. A continuing trend in wage and hour lawsuits stems from the employer's failure to give the tipped employee the required notice. Read on...

Show Per Page
Coming up in January 2018...

Mobile Technology: Relentless Innovation

Technology has become a crucial component in attracting and retaining hotel guests, and the need to enhance a guest’s technology experience is driving a relentless pace of innovation. To meet and exceed guest expectations, 54% of hotels will spend more on technology in 2018, and mobile solutions in particular will top the list of capital investments. Many hotels are integrating mobile booking, mobile keys, mobile payments and mobile check-in into their operations. Other hotels are emphasizing the in-room experience, boosting bandwidth and upgrading flat screen TVs to more easily interface with guest mobile devices. And though not yet mainstream, there are many exciting technology developments on the near horizon. The Internet of Things (loT) is taking form in some places, and can be found in guest room control systems, voice activation systems, and in wearable sensors that can be used for access and payment options. Virtual reality headsets are available at some hotels so guests can enjoy virtual trips to exotic locations or if off-property, preview conference facilities and guest rooms. How long will it be before a hotel employs a fleet of robots for room service, or utilizes a hologram as a concierge, or installs gesture-controlled walls that feature interactive digital displays? Some hotels are already using augmented reality for translation services, or interactive wall maps, or even virtual décor. This pace of innovation is challenging property owners and brands to stay on top of the latest technology trends while still addressing current projects. The January Hotel Business Review will explore what some hotels are doing to maximize their opportunities in the mobile technology space.