Library Archives

 
Dana Kravetz

Along with real property, equipment, furniture, fixtures and inventory is an oftentimes overlooked asset class: your hotel's intellectual property. No less valuable than these more tangible assets, your IP-brand name, proprietary systems, trade dress and unique designs, to name a few-has untold economic value that serves as a safeguard against infringement, increases the worth of your business, and can be exploited if and when you seek to sell, in whole or in part. But this is only true if your IP portfolio is properly protected by way of trademarks, copyrights and patents, depending, of course, on the particularities and nature of the IP in question. Intrigued? Read on. Read on...

John Mavros

Currently, thirty-three states and the District of Columbia have passed laws legalizing marijuana in some form. Many other states are projected to follow suit. Under federal law, however, marijuana remains illegal as a Schedule I drug pursuant to the Controlled Substances Act. The ever-changing landscape on legalized marijuana makes it difficult for hotel employers to comply with both state and federal law and caused many to question whether their policies and practices should be revised. This article discusses the potential pros and cons of including marijuana in a zero tolerance alcohol and drug policy. Read on...

Lindsay Ayers

Last year alone, many well-known hospitality companies across the country paid multi-millions as a result of wrongful termination claims filed against them. Why is this? How can hotels and restaurants in the hospitality field ensure they are following recent and ever-changing laws and educating management and subordinate employees on the hotel's policies that comply with these laws? This article shares tips to help guide hotels in taking the proper steps before terminating an employee. Read on...

Dana Kravetz

Legislation is being passed worldwide that seeks to protect consumer privacy; most notably, the California Consumer Privacy Act (CCPA) and European Union's General Data Protection Regulation (GDPR). Hoteliers, these laws may well apply to you, even if you don't have any properties located in the Golden State or EU. Long story short, for those in the hospitality space, If your bookings include CA or EU resident, you must be mindful of how guests' personal information and data are collected, processed, shared and retained, and poised to implement comprehensive data privacy programs at an organization-wide level to ensure legal compliance. As for the latter, if you haven't done so already, the time is now. Read on...

Steven D. Weber

Interests in the hotel industry are bought and sold. Contracts in furtherance of the sale of those interests may contain restrictive covenants. In some cases, restrictive covenants might take the form of contractual provisions that, among other things, restrict competition from a new owner or prevent certain uses. Use of a restrictive covenant may lead to litigation when one party contends that another party is in violation of a restrictive covenant. Hospitality industry players should be aware of the risks associated with restrictive covenants, and aware of the hospitality-related litigation that can result from them. Read on...

John Mavros

Regardless of the number of employment law best practices a hotel successfully embraces, one factor can be a strong indicator for future litigation – a problematic, underperforming employee. Therefore, one the best ways to protect your hotel from litigation is to hire right at the outset. In the chaos of peak season, it may be tempting to impulsively hire the first application for help received; however, hiring is a process that should not be rushed. An employee who fails to meet performance expectations or mesh with the hotel's company culture, not only can create a toxic environment at work for other employees but will likely harbor resentment which frequently motivates litigation. Read on...

Dana Kravetz

Way back when, on June 10, 1963, then-President John F. Kennedy signed the Equal Pay Act into law – a bold piece of legislation that amended the Fair Labor Standards Act and requires that men and women be given equal pay for equal work within the same establishment. Fast-forward fifty-plus years, and it's apparent that work remains to be done. Today, females in the workplace earn 80% less than white men, with women of color faring much worse. And while the hospitality industry performs better than the national average in terms of the gender pay gap, disparities remain that must be stamped out once and for all. Read on...

John Mavros

Many turn to Starbucks for a caffeinated wakeup call every morning. However, given a recent court ruling, Starbucks now serves as a wakeup call for employers who need to improve their timekeeping practices. This article examines the landmark California Supreme Court decision in Troester v. Starbucks, which illustrates just how important it is to capture every minute that an employee works - even time that seems short and trivial, or also known as "de minimis." This article will explore the lessons learned from Starbucks and further outline best timekeeping practices that all hotels should consider implementing to avoid an employment wage-hour lawsuit. Read on...

Steven D. Weber

A trademark can be a recognizable sign or design that defines a brand. Protecting that trademark can be crucial to a hospitality player attracting guests and maintaining a competitive edge. A hospitality player's success may lead to imitation from competitors. That imitation may lead to infringement of a hospitality player's trademark. Protecting any trademark should be a priority for hospitality players. Failing to protect a trademark can lead to waiving rights and claims that a hospitality player may use to enforce its trademark rights. Hospitality players should seek to understand whether any threats exist to their trademark rights and take appropriate action in response to those threats. Read on...

John Mavros

Hotel Managers are on the frontlines of preventing harassment, discrimination, and retaliation from occurring in the workplace. They are in the best position to spot warning signs that harassment may be occurring and they are most likely to be the first person an employee confides in with a complaint. As such, it is important that managers are equipped to stop harassment and any future harassment lawsuits in their tracks. This article details a "5 Step Plan for Managers" in the midst of the growing #MeToo movement to help them foster harassment free workplaces. Read on...

Steven D. Weber

In the hospitality industry it is crucial to have the right employees. The right employees may enable a hospitality player to provide an ideal environment for its customers that may leave a lasting impression that will lead to future business. To retain employees, hospitality players may consider entering into a no-poach agreement. A no-poach agreement between hospitality players may be, among other things, an agreement that two players agree not to hire employees from each other. Such agreements may be unlawful, and hospitality players should be wary of them and consult with legal counsel before entering into them. Read on...

Christine Samsel

The past twelve months have seen a significant uptick in the volume of cases filed related to website accessibility issues, with the most recent trend being claims by disabled prospective employees for inaccessible online job search and application processes that allegedly render them unable to browse and apply for open positions. Attorneys Christine Samsel and Jonathan Sandler provide legal insight on this trend and what business leaders can do to protect their company from these types of claims… Read on...

Luna Phillips

As fresh water supplies across the country stretch thinner due to a confluence of factors, hotel developers and managers are getting squeezed. An increasing focus on water conservation from consumers and both state and local regulators has its benefits, but also creates economic drawbacks for hotel executives by decreasing the supply and increasing the price of water. This added cost raises the price of admission for both owners and consumers, but armed with the correct information and tactics, hotel executives can shrewdly save valuable dollars while playing by these new rules. Read on...

Dana Kravetz

Hoteliers in the Golden State better pay heed to a recent decision by the California Supreme Court and think twice before neglecting to pay workers for routine, albeit trivial, duties that are handled off the clock. The ruling in Troester v. Starbucks Corporation severely limits a hotel or resort operator's ability to rely on the so-called "de minimis defense," an argument that California employers have, for years, successfully asserted in wage and hour litigation brought by employees seeking compensation for brief tasks undertaken pre- or post-shift. As the author explains, hospitality employers, in the wake of Troester, are encouraged to leverage available technology to capture all of the time their employees actually work on any given day. Read on...

John Mavros

This article discusses the top five ways hotels get served with disability discrimination lawsuits. Disability discrimination lawsuits are on the rise and one of the best ways to protect your hotel from getting served with a lawsuit is to assure that hoteliers fully understand obligations under the various leave laws and that their managers are trained properly on those obligations. Maintaining written policies, memorializing any verbal communications with employees, documenting analyses of possible accommodations, and recording any accommodations or leaves of absences ultimately provided are essential steps for avoiding costly litigation. Read on...

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Coming up in March 2020...

Human Resources: Confronting a Labor Shortage

With the unemployment rate at its lowest level in decades (3.7%), what has always been a perennial problem for human resource professionals - labor shortage - is now reaching acute levels of concern. It is getting harder to find and recruit qualified applicants. Even finding candidates with the skills to succeed in entry-level positions has become an issue. In addition, employee turnover rates remain extremely high in the hotel industry. As a result of these problems, hotel HR managers are having to rethink their recruitment strategies in order to hire the right talent for the right job. First, hotels have been forced to raise their wages and offer other appealing perks, as a way to attract qualified candidates. Secondly, HR managers are reassessing their interviewing techniques, focusing less on the answers they receive to questions and more on observable behavior. Part of this process includes role-playing during the interview, so that the recruiter can gauge how a candidate works through specific problems and interacts with other team members. Additionally, some HR managers are also creating internal talent pools as a way to address labor shortages. Instead of utilizing department resources to find new hires with specific skills for needed positions, hotels are cultivating talent pools internally and preparing their employees to assume leadership roles whenever the time comes. They are also placing greater emphasis on a company culture that is more performance-based, as a way to curb employee turnover, increase employee satisfaction, and assure higher levels of customer service. Finally, recognizing the importance of employee retention as a way to lessen the impact of a tight labor market, some HR managers are instituting generous reward programs in order to retain their top performers. The March Hotel Business Review will explore what some HR professionals are doing to address these and other issues in their departments.