Library Archives

 
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 MORE

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 MORE

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 MORE

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 MORE

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 MORE

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 MORE

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 MORE

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 MORE

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 MORE

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 MORE

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 MORE

Steven D. Weber

Some people say that there is no such thing as bad press. However, in some cases, bad press could potentially damage a brand and continue damaging a brand now that information available on the internet may never be erased – or forgotten. A hospitality player’s response to bad press should include formulating a plan beforehand so that a hospitality player may respond to bad press in an organized manner. Once any bad press is discovered, the next step may be determining how best to respond. Certain bad press may be actionable to the extent that a hospitality player may seek relief from it through a lawsuit. READ MORE

Christine Samsel

Looking to renovate? Make sure you consider the ADA when doing so. In this article, Christine Samsel, Jonathan Sandler and Allison Gambill of Brownstein Hyatt Farber Schreck walk through ADA compliance considerations for renovations. They provide guidance on how to determine which Title III ADA standards apply to which portions of your facility, including how renovations may impact compliance requirements and common ADA compliance problem areas. This article builds upon their prior articles related to (among other things) website accessibility issues, including guidelines for making your website reservation system accessible to the disabled. READ MORE

Dana Kravetz

Airbnb, thought by some to pose an existential threat to hotels and resorts, continues to compete with them for market share. That being said, the off-the-charts growth that the short-term rental company experienced in years past seems to have leveled off, and it looks as though mainstream lodging has weathered the Airbnb storm. But how? With an eye toward an ever-expanding network of regulations, both here and abroad, that not only limit Airbnb’s inventory, but also hold its hosts accountable to hotel-like standards, hoteliers have staved off their (exaggerated) demise. In doing so, hotels and resorts have emerged stronger and more innovative than ever. READ MORE

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 MORE

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Coming up in June 2021...

Sales & Marketing: Playing the Long Game

During an economic downturn, it is tempting to slash marketing budgets to make up for lost revenue. But smart hoteliers play the long game, knowing that companies who stay engaged with their customers will be the first to benefit from a rebound. Therefore, now is the time to renew and revamp sales and marketing strategies in order to be ready for what lies ahead. For example, this is a perfect time to refresh website content, social media and SEO.  The same for hotel blogs where content can be updated to give customers inspirational ideas as they begin to travel and meet again. Multimedia assets should also be revised with new photo/video shoots that provide accurate information about how setups, room configurations, and onsite offerings have changed to accommodate safer meetings and social distancing. The June Hotel Business Review will focus on the sales and marketing strategies that some hotels are adopting in anticipation of a recovery in 2021.