Ten New California Employment Laws For 2004

By Daniel Croley Labor and Employment & Litigation, Futterman & Dupree | February 13, 2010

Wage and Hour Lawsuits (Private Attorney General)

While employee rights under the Labor Code abound, an employee may not bring a lawsuit against his employer for a wide variety of violations. Under SB 796, however, they will have a private-right-of-action and the possibility of collecting attorneys' fees for any Labor Code violation for which the Labor Commissioner could impose monetary sanctions. Any damages recovered shall be allocated: 50% to the state; 25% to the employee and 25% to a state educational agency. SB 796 also provides that any misdemeanor violation of the Labor Code shall also be subject to monetary penalties. In the case of employers who have employees at the time of the violation, the penalty will be $100 per employee per pay period for the first infraction up to three years and $200 per employee per pay cycle for each following violation up to three years. For more information, see http://info.sen.ca.gov/pub/bill/asm/ab_0251-0300/ab_276_bill_20030908_chaptered.pdf

Careful employers should audit their wage and hour practices in conjunction with labor counsel to assure that they miss the next wave of wage and hour class actions.

Paid Family Leave

Who's Covered and What's the Benefit?

The same employers covered by State Disability Insurance (SDI) will be covered by "Family Temporary Disability Insurance" (FTDI) and this includes most employees of private employers, regardless of size. Eligible employees will get the greater of 55% of their base pay or $728 weekly for 2004 and $840 for 2005, up to six weeks of leave in any rolling 12 month period. Unlike FMLA and CFRA leave, there is no length of service period, though there is a one week waiting period.

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Sales & Marketing: Selling Experiences

There are innumerable strategies that Hotel Sales and Marketing Directors employ to find, engage and entice guests to their property, and those strategies are constantly evolving. A breakthrough technology, pioneering platform, or even a simple algorithm update can cause new trends to emerge and upend the best laid plans. Sales and marketing departments must remain agile so they can adapt to the ever changing digital landscape. As an example, the popularity of virtual reality is on the rise, as 360 interactive technologies become more mainstream. Chatbots and artificial intelligence are also poised to become the next big things, as they take guest personalization to a whole new level. But one sales and marketing trend that is currently resulting in major benefits for hotels is experiential marketing - the effort to deliver an experience to potential guests. Mainly this is accomplished through the creative use of video and images, and by utilizing what has become known as User Generated Content. By sharing actual personal content (videos and pictures) from satisfied guests who have experienced the delights of a property, prospective guests can more easily imagine themselves having the same experience. Similarly, Hotel Generated Content is equally important. Hotels are more than beds and effective video presentations can tell a compelling story - a story about what makes the hotel appealing and unique. A video walk-through of rooms is essential, as are video tours in different areas of a hotel. The goal is to highlight what makes the property exceptional, but also to show real people having real fun - an experience that prospective guests can have too. The June Hotel Business Review will report on some of these issues and strategies, and examine how some sales and marketing professionals are integrating them into their operations.