Hospitality Law
John Mavros
  • Hospitality Law
  • The Ever Present Threat of a Disability Discrimination Lawsuit
  • The Family Medical Leave Act, the American with Disabilities Act, and worker’s compensation provide employees that are injured or disabled with various rights to leave or reasonable accommodation. An employer’s understanding of these laws is imperative to avoid disability discrimination lawsuits. This article will explore each law’s parameters and the interplay among them. Read on...

Steven D. Weber
  • Hospitality Law
  • Take Steps to Protect Your Trade Secrets
  • Taking measures to protect your hospitality organization’s trade secrets before filing or defending against a lawsuit may significantly increase your organization’s chances of obtaining a favorable result in any lawsuit related to the misappropriation of trade secrets. While there are many ways to protect information, hospitality organizations need to be educated on what the law applicable to them considers to be “reasonable” steps that provide the secrecy that is required under the circumstances. This article explores how some courts have interpreted what is reasonable or adequate protection of information such that the information may qualify as a trade secret. Read on...

Benjamin  Ebbink
  • Hospitality Law
  • California Takes Aim at Industry with Housekeeper-Specific Safety Proposal
  • Responding to years of pressure from union advocates and their allies, the California Occupational Safety and Health Administration (Cal/OSHA) has proposed a first-in-the-nation, industry-specific rule aimed at hotel housekeepers. If enacted, this proposal would greatly impact the industry in California (as well as operators who conduct business in multiple states including California). In addition, as California tends to lead the nation in employment and workplace safety standards, operators in other states should monitor this proposal closely – what happens in California may come to your state next! Read on...

John Mavros
  • Hospitality Law
  • How to Combat EEOC Retaliation Claims
  • Retaliation continues to be the most common claim brought against employers before governmental agencies and in the civil court system. According to Equal Employment Opportunity Commission (EEOC), the agency that enforces Federal labor laws, the EEOC received 42,018 charges of retaliation in 2016. That means that a retaliation claim was asserted in 45.9% of all charges submitted. This is more than discrimination based on race and more than discrimination based on disability. Even more concerning is the consistent uptick in retaliation charges, which have increased in number every year since 1997. So, what can employers do to protect themselves against this ever-growing threat? Read on...

Dana Kravetz
  • Hospitality Law
  • The Outlook for Hotel and Resort Operators Post-BFI
  • Eighteen months since the National Labor Relations Board (NLRB) revised its standard for the imposition of joint employer liability, and hoteliers remain in a state of legal limbo, unsure what 2017 and beyond have in store on the issue. For those hotel and resort operators whose best response to the question, “how should we continue to move forward in the wake of BFI?” is a shrug of the shoulders, a current scorecard for your consideration. The NLRB shook the hotel franchisor/franchisee landscape with its jaw-dropping Browning-Ferris Industries of California (BFI) decision back in August 2015, which drastically eased the criteria for a company to be considered a joint employer. Read on...

John Mavros
  • Hospitality Law
  • Tip-Pooling Practices May be a Thing of the Past
  • Tip-pooling is a common method for restaurants and similar service businesses to allow back of the house staff and others to share in tips received from customers. However, the US Department of Labor’s regulations and recent rulings by the Ninth Circuit have effectively made tip pooling a thing of the past. This article will explore the current state of tip-pooling laws and the effect that Donald Trump’s pick for Labor Secretary, Andrew Puzder, may have on tip-pooling and other regulations in the years to come. Read on...

Albert Pucciarelli
  • Hospitality Law
  • When to Use Expert Determination in Hotel Disputes
  • When we think about alternative dispute resolutions, our first thoughts are likely go to mediation and arbitration. This article, however, discusses a third option – expert determination – whereby the parties who have been unable to resolve a dispute generally concerning a specific, technical matter, look to a specifically qualified individual to decide the matter for them. Read on...

Steven D. Weber
  • Hospitality Law
  • Your Hospitality Industry Trade Secrets May be at Risk
  • Many of today’s hospitality consumers are not only looking for a place to rest their head, but also for a one-of-a-kind experience. If the ingredients for such an experience are stored on computers, in e-mails, in manuals, or even in the heads of employees, then they are susceptible to misappropriation. The risk of misappropriation is compounded by the ease by which employees today may misappropriate those trade secrets by using their smart devices to take photographs, send e-mails, and transfer files. Waiting until the unthinkable happens is unacceptable. Read on...

Amy Bailey
  • Hospitality Law
  • Why is the Hotel Industry a Target for FLSA Prosecutions?
  • There's a big red bulls eye in the hotel industry. In fact, accommodation and food services ranks #1 in sheer volume for wage and hour prosecutions by the Department of Labor. That’s 24.4% of all the cases that have been brought since 1985. To put that number into perspective, hotels, restaurants, and bars—from the behemoths to the holes in the wall—have been required to pay more than $276 million in government prosecutions alone, with an average payout of $9.5k for every business affected. Read on...

Banks Brown
  • Hospitality Law
  • The Chink in the Armor of the Communications Decency Act
  • CDA § 230 is shorthand for Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (2016). It is the law cited by short term rental companies (“STRC”), such as Airbnb, when they argue with city and state governments and in the courts that their businesses are not subject to state and local regulation. It is fair to say that the STRCs are of the opinion that city and state governments are nearly powerless to regulate them in any way whatsoever, absent their consent. Read on...

William A. Brewer
  • Hospitality Law
  • The Challenges and Opportunities of Foreign Investment in the U.S. Hospitality Market
  • They’re Coming to the U.S.A. Foreign investors are making headlines as they take ever bigger positions in the U.S. hospitality market. Notably, the structure of the hotel management agreement (HMA) – a complex and often misunderstood instrument – has major legal implications for foreign owners and managers. In this article, we explore the friction between owners and operators whose interests are not always aligned – particularly during periods of economic downturn. Therefore, negotiating a proper HMA is critical to governing the relationship. Read on...

Theodore C. Max
  • Hospitality Law
  • Digital Marketing: Native Advertising and Online Influencers in the Hospitality Industry
  • The FTC’s has stepped up enforcement of social media advertising in the entertainment and fashion industries and this effort is likely to continue and expand to other industries. Advertisers and retailers in the travel tourism and hospitality industry need to be mindful to make sure that if any content is sponsored or any influencer or spokesperson is paid to promote a product or services online, a clear and conspicuous disclosure is required. It is possible that FTC enforcement also may soon target individual influencers and require clear and conspicuous disclosures by them regarding the endorsement of products or services for compensation. Read on...

Lynn K. Cadwalader
  • Hospitality Law
  • The EB-5 Visa Program: The Outlook for 2017
  • Looking forward to 2017, the EB-5 Immigrant Visa Program will face both challenges and opportunities. Fortunately for the Hospitality Industry, hotels are still ideal projects for EB-5 financing. In this Article, I will discuss some of the major issues and impacts on the EB-5 Immigrant Visa Program anticipated for 2017, and review the benefits to financing hotels through the EB-5 Program. Read on...

David M. Samuels, Esq.
  • Hospitality Law
  • On Guard - The Shifting Landscape of Guest Privacy
  • When it comes to guest privacy, the operational landscape has changed dramatically over the last two years. Historically, “service” has referred to attending to guests’ needs in relation to such things as in-room amenities, quality of sleep, dining and entertainment options, cleanliness, etc. But, the book ends formed by the Supreme Court’s pronouncement in its 2015 Patel decision and the high-profile Erin Andrews matter in 2016, have created an entirely new operational landscape where protecting guest privacy must be an integral element of every hotel’s “service” model. Read on...

Anne  Alexander
  • Hospitality Law
  • Beyond the Twice-Used Towel: Using PACE Financing to "Green" Hotels
  • It is no secret in the hospitality industry that a tremendous amount of energy, water and other resources is required to serve guests. However, the industry as a whole has taken steps to become more energy and resource efficient within the last ten years. We are all familiar with the placards found in most hotel rooms today, asking guests to indicate whether they want their sheets and towels changed on a daily basis or whether they will use them again. While hotels historically washed sheets and towels every night even when there was no turnover in the room. Read on...

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JUNE: Sales & Marketing: Who Owns the Guest?

Emanuel Baudart

Social media opens the doors to conversations about experiences – good or bad. Twitter gives hotel guests the option to air their grievances while Instagram gives them the bragging rights on their best days. Customers are giving out their feedback and it’s up to the industry to take it seriously in how hotels engage with their guests. A guest’s social media is an opportunity for hotels to work better and more efficiently to target and enhance the guest experience. Coupling the data that guests give through social media with the data we have from years of growing AccorHotels, we are focusing on using the right tools to best access the guest. At AccorHotels, we are moving away from the transactional model of hospitality and focusing on building relationships through social engagement and bolstering the benefits of our loyalty program. In order to do both, we’ve invested in building better tools for our hotels to succeed on the promise of hospitality – great service, attention and comfort. Read on...

Wendy Blaney

In a world where almost everything is done digitally, it is important to remember how impactful a two-way conversation can be for consumers interested in booking travel. There is no denying that it has become easier and easier to plan trips online, and purchase products almost instantly – yet there are still many customers who want the personal touch and assurance that they truly understand what it is that they are buying. They want someone to provide direction, answer questions, and give them “insider” information. This is especially true for a dynamic destination like Atlantis where there are an abundance of options. Our guests aren’t just interested in a resort, they are seeking a coveted, catered experience. Read on...

Mustafa Menekse

Though it seems that online travel agencies have been a part of the hotel booking landscape for eons, the reality is that just 25 years ago, brick and mortar travel agencies were the norm. Travelers would visit an agency for trip planning advice, printed brochures, and to speak with actual travel agents to assist in booking airfare, hotel accommodations and rental cars. Travel agencies had the knowledge and information about the destination and, of course, the tools and connections to book hotels and flights to begin with. The support these agencies provided put traveler’s minds at ease, especially for international trips. This was the foundation of why OTAs are in existence. Read on...

Scott Weiler

A guest of a hotel or chain books with an OTA. Terrific for everyone, right? The OTA is grateful for the transaction, and hopes to get a nice share of that customer’s travel bookings for years to come. The hotel is happy to get a (let’s say) first time guest. Sure, they paid a commission for that booking, but the GM and their team is ready to do their stuff. Which is to say – deliver a great stay experience. Now what? Now it’s a battle of the marketers! Read on...

Coming Up In The July Online Hotel Business Review




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Feature Focus
Hotel Spa: Measuring the Results
As the Hotel Spa and Wellness Movement continues to flourish, spa operations are seeking new and innovative ways to expand their menu of services to attract even more people to their facilities, and to and measure the results of spa treatments. Whether it’s spa, fitness, wellness meet guest expectations. Among new developments, there seems to be a growing emphasis on science to define or beauty services, guests are becoming increasingly careful about what they ingest, inhale or put on their skin, and they are requesting scientific data on the treatments they receive. They are open to exploring the benefits of alternative therapies – like brain fitness exercises, electro-magnetic treatments, and chromotherapy – but only if they have been validated scientifically. Similarly, some spas are integrating select medical services and procedures into their operations, continuing the convergence of hotel spas with the medical world. Parents are also increasingly concerned about the health and well-being of their children and are willing to devote time and money to overcome their poor diets, constant stress, and hours spent hunched over computer, tablet and smartphone screens. Parents are investing in wellness-centric family vacations; yoga and massage for kids; mindfulness and meditation classes; and healthy, locally sourced, organic food. For hotel spas, this trend represents a significant area for future growth. Other trends include the proliferation of Wellness Festivals which celebrate health and well-being, and position hotel spas front and center. The July issue of the Hotel Business Review will report on these trends and developments and examine how hotel spas are integrating them into their operations.