Library Archives

 
Anne  Alexander

It is no secret in the hospitality industry that a tremendous amount of energy, water and other resources is required to serve guests. However, the industry as a whole has taken steps to become more energy and resource efficient within the last ten years. We are all familiar with the placards found in most hotel rooms today, asking guests to indicate whether they want their sheets and towels changed on a daily basis or whether they will use them again. While hotels historically washed sheets and towels every night even when there was no turnover in the room. Read on...

David M. Samuels,  Esq.

When it comes to guest privacy, the operational landscape has changed dramatically over the last two years. Historically, "service" has referred to attending to guests' needs in relation to such things as in-room amenities, quality of sleep, dining and entertainment options, cleanliness, etc. But, the book ends formed by the Supreme Court's pronouncement in its 2015 Patel decision and the high-profile Erin Andrews matter in 2016, have created an entirely new operational landscape where protecting guest privacy must be an integral element of every hotel's "service" model. Read on...

Dana Kravetz

President-elect Trump is unlikely to support continued federal labor and employment agency activism in wage and hour and other employment-related matters. What does this mean in the context of the hotel industry? Can hotel owners and franchisors expect immediate relief? In the wake of the 2016 presidential election, we forecast a clear pro-business shift in labor and employment policy under Donald Trump. Republicans will assume control of not only the presidency, but both houses of Congress in 2017. Mr. Trump will also likely act quickly to appoint a conservative justice to the Supreme Court to replace Antonin Scalia, and he will possess the power to fill open seats as they arise on the 12 federal circuit courts. Read on...

John Mavros

Employment arbitration agreements commonly include mandatory class action waivers. Class action waivers can be a powerful tool for employers to prevent potentially devastating class action lawsuits. Until several months ago, employers didn't have to think twice about whether a class waiver was a lawful part of their arbitration agreement. That all changed when Federal Circuit Courts in Lewis v. Epic Systems (7th Circuit) and Morris v. Ernst & Young (9th Circuit) held that class action waivers violate the National Labor Relations Act's guarantee of collective action and therefore could not be enforced under the Federal Arbitration Act. These decisions have created a circuit split between Federal courts across the country. This article will survey this treacherous legal landscape and share some guidance for employers' arbitration agreements during these uncertain times. Read on...

Tyra Hilliard

More than 15 million Americans, nine million of them adults, have food allergies. While handling special dietary requests is not a new issue for hotels, the practical and legal issues surrounding accommodating dietary restrictions are changing. According to Food Allergy Research & Education (FARE), food allergies are on the rise. Because nearly half of fatal food allergy reactions are caused by food consumed outside the home, it isn't a far stretch to imagine that a significant number each year may occur in hotels. Eight foods are responsible for 90% of all allergic reactions in the U.S.: milk, eggs, peanuts, tree nuts, wheat, soy, fish, and shellfish. Read on...

Michael Wildes

An article published in the International Journal of Hospitality Management has declared that "the hospitality industry is facing a major personnel shortage." The authors provide the following advice to hotel and hospitality managers: "demographic changes … suggest that the hospitality industry should reconsider tactics for recruitment and retention." The authors' advice is nothing new - hotel and hospitality managers have long struggled to find and retain suitable staff. In fact, many hotel recruiters wouldn't be surprised to learn that the aforementioned article wasn't published this year, this decade, or even in this century – but in 1992. Read on...

Justin Thompson

There is no denying the importance of a brand in the context of hotels. Branded hotels make up approximately 70% of the total rooms in the United States hotel system and are predicted to grow to 80% in the next 10 years. The somewhat recent explosion in new brands from existing hotel companies can be seen as significantly contributing to this growth. In the past 35 years, the number of brands has quadrupled. In fact, brand proliferation has become so ubiquitous that the top seven hotel companies now account for 90 different hotel brands. A discussion follows of some of the more salient legal issues that the recent explosion in hotel brands has produced. Read on...

Arthur Tacchino

The Affordable Care Act (ACA) is likely one of the most confusing pieces of legislation you have to comply with, and the hospitality industry, especially hotels, is more complex than most when it comes to ACA reporting. This year, the stakes are higher as the IRS removes all the safety nets that were in place in 2015. Whether you reported with complete accuracy and auditability for 2015, or the notion of ACA reporting still makes your head spin, there's a lot to learn from last year's mishaps and this year's expectations Read on...

Albert Pucciarelli

In my three prior articles on alternative dispute resolution, I discussed mediation, expert determination and arbitration. Resorting to the court system may be necessary only because the parties in their agreements did not provide for the resolution of disputes by one of the three alternative dispute mechanisms. Even so, as the dispute devolves to one that the parties will not resolve by negotiation alone, they may at any time agree to mediate, submit the matter to an expert or arbitrate. Read on...

Francesca A. Ippolito-Craven

The Zika virus has created a potential myriad of legal issues that should be considered by hotel owners and operators in the United States and its territories, particularly in light of the fact that the World Health Organization (WHO) has declared that the Zika virus infection and its associated congenital and other neurological disorders continues to be a "public health emergency of international concern." The U.S. Centers for Disease Control and Prevention (CDC) has also advised that pregnant women should consider postponing non-essential travel to locales that have been zoned areas of active transmission. Read on...

Jerome G. Grzeca

Hotels, like other U.S. companies, are struggling to find solutions to staffing shortages. Every month, more than a quarter-million Americans turn 65, which is a trend that has profound workforce and economic consequences in this country. In addition, unemployment rates continue to fall, dropping to 4.9% nationwide in September 2016. These changes, along with other factors like increases in occupancy rates and high labor costs, have resulted in many hotel companies having trouble finding and hiring qualified workers for open positions. Of course, it's not an option for the rooms not to be cleaned or for the meals not to be prepared and served when employees are hard to find. Read on...

Gregory A. Wald

On July 1, 2016 several federal agencies published regulations that significantly increased, and in some instances doubled, the civil penalties that could be levied against employers for Form I-9 paperwork violations, unauthorized employment of foreign national workers and for other immigration-related violations, including immigration discrimination charges. Due to the implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Public Law 114-74) ("Inflation Adjustment Act"), higher fines and civil penalties have now gone into effect for assessments that occur on or after August 1, 2016. These higher penalties can be applied to violations that occurred after November 2, 2015, the day the President signed the Act into law. Read on...

John Mavros

The Department of Labor (DOL) Final Rule promulgated new regulations that will go effect on December 1, 2016. All employers need to know how these regulations will change the test for exemption to understand what they need to do in response. This article will review the basics for the most common exemptions from overtime under Federal law and will also provide an executive summary of the key changes made by the Final Rule. One of the biggest myths in the workplace is that a "manager" who is paid a salary is automatically an exempt employee. Read on...

Albert Pucciarelli

In my two prior articles on alternative dispute resolution, I discussed mediation and expert resolution. In ascending order in terms of "severity" of the matter in dispute, the next alternative for resolving disputes is arbitration. By "severity", I am referring to the either the complexity of the question to be resolved where legal interpretations, document discovery and witness testimony, even expert witness testimony, may be utilized by the parties to present their side of the dispute. In short, the matter to be arbitrated typically is not unlike matters over which parties go to court, but for reasons we will explore, arbitration may be preferable. Read on...

Charles B. Rosenberg

Investing abroad may present lucrative opportunities in the form of new markets and customers. Hospitality companies, however, often face unique challenges when doing business abroad. For example, in 2009, Venezuelan President Hugo Chavez ordered the expropriation of a Hilton-run hotel on the resort island of Margarita in Venezuela to help develop tourism projects within a socialist framework. Similarly, in 2011, the Sri Lankan government declared ownership of a Hilton-run hotel in Colombo, Sri Lanka following a rent-related dispute with the foreign investor. Hospitality companies considering investing abroad thus should be aware of the tools that may be available to protect their international investments. Read on...

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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.