Library Archives

 
Bruce Liebman

Most of the projected growth in the Caribbean region is expected to come from foreign visitor spending and the United States has remained the most important supplier of tourists to the Caribbean region. However, what happens when these foreign visitors return to the United States and bring lawsuits against the resort in their home states? Defending lawsuits throughout the 50 states is financially and logistically burdensome. This article offers best practices for hotels in the Caribbean to protect themselves from claims brought in the US, preemptive measures and how to get the lawsuits moved to their home turf. Read on...

John Mavros

Wage and hour class actions are one of the biggest financial risks to employers. They can result in hundreds of thousands of dollars in attorneys’ fees and could require a multimillion dollar settlement. Employers should protect themselves from this risk by complying with federal and state wage and hour laws. However, the recent US Supreme Court decision in Epic Systems gives employers another critical line of protection: an arbitration agreement with a class action waiver. The Supreme Court affirmed that class action waivers are enforceable and do not violate the National Labor Relations Act. What is a class action waiver and how can your hotel capitalize on this ruling? Read on...

Michael Starr

By mid-year, pay-equity statutes will be in effect in over 15 states, including key hospitality states like California, Illinois and Massachusetts. Other states will be coming on board to this trend soon. These statutes will force hotels to justify pay disparities across jobs that were never before regarded as comparable – like, possibly, kitchen stewards and room attendants. Unless hotel employers start preparing now to analyze and justify pay disparities across job classifications, they may confront large and unexpected legal liabilities. This article explains this emerging trend and gives guidance on how to prepare. Read on...

Christine Samsel

When does your hotel remodel trigger an obligation to become ADA compliant? From ensuring the correct number of disabled-accessible guest rooms to pool and spa accessibility, attorneys with Brownstein Hyatt Farber Schreck, Christine Samsel, Jonathan Sandler and Nick Santucci, address key questions and provide answers on making sure your updates are ADA-compliant. Read more in their latest article... Read on...

Steven D. Weber

When disaster strikes in the hospitality industry or something bad happens, bad publicity almost inevitably follows. A hospitality player might try to take actions to mitigate the impact of this publicity. However, in today's day and age, once the information is out in the news or social media, it may never be erased - or forgotten. The information may sit there for years misinforming and causing damage to a brand. When does publicity cross the line from being merely damaging information about a hospitality industry player - or any business - to information that they might seek to rectify through a lawsuit. Read on...

Tara K. Gorman

Viva Las Vegas - "What happens in Vegas, stays in Vegas" - not anymore, at least not when it comes to hotel security in the aftermath of the 2017 Las Vegas shooting, the deadliest mass shooting in the United States by an individual. Hotel owners, operators and brands are taking a hard look at their security policies and procedures with an eye on balancing the safety and privacy of their guests, and safety of members of the community surrounding their hotel, with the comfort and "hospitable" environment that guests expect in hotels. This article will explore whether the Las Vegas shooting will significantly change the way hotel owners, operators and brands approach their security procedures. Read on...

John Mavros

Local legislatures in states, counties, and cities across America are implementing new Paid Sick Leave laws to build a healthy workforce, but employers have no simple task in making sense of them. What is the difference between an accrual cap, a use cap, and a rolling cap? What are the pros and cons of the accrual method versus the frontload method? How does a PTO plan interact with new Paid Sick Leave laws? Check out this article for guidance from employment attorneys to help understand and successfully implement these viral laws. Read on...

Michael Pryor

Dialing 911 will soon became easier for guests staying at hotels because of a bill signed by President Trump on Feb. 16, 2018 called, Kari's Law. Michael Pryor, shareholder at Brownstein Hyatt Farber Schreck, dissects Kari's Law and how its requirements apply to businesses that operate or manage multi-line telephone systems, including, of course, hotel owners and operators. Technically, the law became part of the Federal Communications Act and in particular, its enforcement provisions. So what is required? Read more... Read on...

William Shepherd

Marriott recently announced the implementation of global anti-human trafficking policies and a training program for all employees. The company's efforts highlight the growing national and international trend toward requiring companies to proactively weed out trafficking from their business and supply chains. Both domestic and international laws are making fighting trafficking a business imperative for hotels who want to avoid brand and liability risks. Read on...

Dana Kravetz

No contemporary workplace challenge is more immediate for employers than sexual assault and harassment. Such wrongdoing, once veiled in secrecy, denial and inattention, is now receiving the consideration it deserves, thanks, in part, to the #MeToo movement. Employers from every business imaginable have taken notice and are making an effort to eliminate inappropriate behavior on the job. Still, there is much work to be done. For their part, hotel and resort owners, operators and management face a particularly acute crisis with respect to sexual misconduct in the workplace, and must take affirmative steps to address this growing epidemic which uniquely impacts their industry. Read on...

Steven D. Weber

A cyberattack, a natural disaster, an injured guest - bad things can happen in the hospitality industry. Hospitality industry players should not have their heads in the sand when it comes to bad events. Instead, hospitality industry players should take steps to prepare for the bad event and practice their response to the bad event. This preparation might include training, preparing a response team, and understanding any legal obligations that may apply in light of any such bad event. Aside from risking bad publicity, a failure to prepare may have legal ramifications. Preparation may mitigate those risks. Read on...

Christine Samsel

Is your hotel website accessible to those with disabilities? If you don't think this will impact your property, think again. More than 800 federal lawsuits claiming lack of website accessibility were filed in 2017, including many against hospitality companies and hotels. Christine Samsel and Jonathan Sandler, shareholders at Brownstein Hyatt Farber Schreck, dive into what the Americans with Disability Act (ADA) has to do with websites and why the hospitality industry is particularly susceptible to individuals filing claims against them. Read on...

Josias Dewey

Earlier this year, the travel company Webjet announced it was in the process of converting a blockchain pilot it had developed into a commercial grade application. The blockchain-based application will be able to provide accurate information about hotel inventory, on a real-time basis, for hotels around the world. This article will discuss these and other possible use cases important to the hospitality industry, including their business justification. Beyond the explanation of use cases, the article highlights several legal considerations that hotel counsel will need to confront and consider as the technology is deployed, including intellectual property, privacy laws in the United States and the European Union and FinCen's current guidance on convertible virtual currencies and the potential relationship between money laundering and blockchain-based loyalty programs. Read on...

Steven D. Weber

There is a growing shortage of qualified and skilled hospitality employees. This shortage may lead hospitality brands to hire from competitors. While the idea of hiring a skilled employee with access to a competitor's information may be tempting, hiring from a competitor may have negative repercussions for the employee, the employer, and for the hospitality brand that is hiring them. To mitigate the risk of such a repercussion, a hospitality brand may wish to consider the below when hiring from a competitor. Read on...

Dana Kravetz

Hoteliers may ask: "isn't cannabis illegal under the federal law?" The short answer is yes, but that is a qualified response at best. As the scale tips toward marijuana becoming legal throughout the country, pot continues to be against the law federally. The resulting dichotomy between the relaxed view of cannabis and its extracts at the state level and the current federal position on marijuana is an interesting one. According to the Controlled Substance Act, by which the federal government regulates drugs, there is no recognized difference between cannabis, cocaine, heroin or LSD. Likewise, the CSA does not distinguish between the medical and recreational use of marijuana. So technically, pot is illegal and users (even those with valid prescriptions for the substance) can be arrested, convicted and sentenced to jail under the federal law as it stands. Read on...

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Coming up in May 2019...

Eco-Friendly Practices: Corporate Social Responsibility

The hotel industry has undertaken a long-term effort to build more responsible and socially conscious businesses. What began with small efforts to reduce waste - such as paperless checkouts and refillable soap dispensers - has evolved into an international movement toward implementing sustainable development practices. In addition to establishing themselves as good corporate citizens, adopting eco-friendly practices is sound business for hotels. According to a recent report from Deloitte, 95% of business travelers believe the hotel industry should be undertaking “green” initiatives, and Millennials are twice as likely to support brands with strong management of environmental and social issues. Given these conclusions, hotels are continuing to innovate in the areas of environmental sustainability. For example, one leading hotel chain has designed special elevators that collect kinetic energy from the moving lift and in the process, they have reduced their energy consumption by 50%  over conventional elevators. Also, they installed an advanced air conditioning system which employs a magnetic mechanical system that makes them more energy efficient. Other hotels are installing Intelligent Building Systems which monitor and control temperatures in rooms, common areas and swimming pools, as well as ventilation and cold water systems. Some hotels are installing Electric Vehicle charging stations, planting rooftop gardens, implementing stringent recycling programs, and insisting on the use of biodegradable materials. Another trend is the creation of Green Teams within a hotel's operation that are tasked to implement earth-friendly practices and manage budgets for green projects. Some hotels have even gone so far as to curtail or eliminate room service, believing that keeping the kitchen open 24/7 isn't terribly sustainable. The May issue of the Hotel Business Review will document what some hotels are doing to integrate sustainable practices into their operations and how they are benefiting from them.