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DECEMBER: Hotel Law: Vast and Varied Issues and Concerns

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 MORE

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 MORE

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 MORE

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 MORE

Coming Up In The January Online Hotel Business Review


Feature Focus
Mobile Technology: The Game Has Changed Forever
Consider these astounding numbers - it is forecast that in 2016 there will be 196 million smart phone users in North America alone. Worldwide the number of users is expected to surpass 2 Billion. According to hotel internet marketing firm HeBs Digital, currently more than 21% of online bookings and nearly 19% of room nights are generated from mobile devices (smart phones and tablets), while 45% of web visitors and nearly 40% of page views originate from them as well. Consumers are also increasingly using their smart phones for search queries, with more Google searches taking place on mobile devices than on computers in 10 countries, including the U.S. and Japan. Advances in mobile technology have changed the game forever and for hotels, that means having a mobile strategy is now as critical and necessary as having an Internet presence. Hotels must engage guests/travelers on their mobile devices and to add value to their experience. Mobile check-in, mobile payment options and mobile SmartKeys are quickly becoming commonplace features, as is the capacity for guests to place requests for all hotel services directly from their mobile device from anywhere on the property. In addition, some larger chains are creating their own apps which serve to enhance other facets of their operations - marketing, branding, cross-selling and impulse buying - all of which contribute to increased revenue and guest satisfaction. Still other companies are experimenting with the potential uses of wearable technology and the possibilities of geo-targeting promotions. The January Hotel Business Review will explore what some hotels are doing to maximize their opportunities in this mobile space, and will report on the solutions that are proving to be most beneficial for both companies and their guests.