Hospitality Law
Dana Kravetz
  • Hospitality Law
  • The Hospitality Industry Under the Trump Administration
  • Pro-employer stars are aligning in Washington, D.C., that can only benefit the hospitality industry. What began with President Donald J. Trump’s appointment of conservative Alexander Acosta as the United States Secretary of Labor, has been followed by his nomination of Republicans Marvin Kaplan and William Emanuel to fill vacancies on the National Labor Relations Board – moves that are decidedly a boon to business. Under Secretary Acosta, the Department of Labor withdrew guidance put in place by the Obama administration on the joint employment issue, a positive step for hotel and resort owners, operators and franchisors. If confirmed, Messrs. Kaplan’s and Emanuel’s presence on the NLRB is certain to lead to the unraveling of various labor-related actions also deemed unfavorable to employers, hoteliers included. Read on...

Steven D. Weber
  • Hospitality Law
  • When Hiring From Your Competitors
  • 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...

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...

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SEPTEMBER: Hotel Group Meetings: Blue Skies Ahead

Jay Spurr

Meeting planners have more than enough to think about when it comes to searching for the perfect venue – and eco-consciousness is increasingly making its way top of mind for many. It is currently estimated that the average hotel guest generates 2.2 pounds of waste each night of their stay. And, with the meetings and event industry recently being deemed as the second most wasteful sector in the United States by the EPA, we at JW Marriott Austin knew we had to go above and beyond to deliver more efficient meetings and events with the lowest possible carbon footprint. Read on...

Del Robinette

Engagement and commitment are at the core of our professional lives in a 24 hour a day, 7 day a week operation. No matter the size or complexity of the box, engagement and our commitments should be a core fundamental that not only surfaces in our every interaction, but guides and directs our proactive decision making and our strategies and executions. Hospitality 101 teaches us as hospitality professionals, to engage with our guests, to make eye contact at 10 feet, to speak within 5, to escort when possible and to use our guests name in conversation. Read on...

Katie  Davis

I had a bit of an “out of body” experience recently. I was attending a corporate meeting, which was held in a hotel meeting room. As usual, I was multi-tasking for most of the meeting. Doing my best to remain engaged with the meeting content, while simultaneously managing an ever-growing email inbox and “To Do” list. During a break, I was pacing outside the meeting room, on the phone with my office, when I noticed some snacks and beverages set-up adjacent to the meeting room entrance. Read on...

Deirdre Martin Yack

Meeting planning in today’s world is more complex than ever. Whether you’re a planner or a supplier, our jobs are now 24/7. We are dealing with shorter lead times than ever, tighter budgets (on both sides), and expectations based on the perfection projected by social media and reality TV. Our job is no longer simply about dates, space, rate – we now need to compete at a world-class level on a daily basis. As a supplier, it takes extreme creativity at the venue level. Starting with the initial design, event space must be as flexible, innovative and as Instagram-worthy as possible. Read on...

Coming Up In The October Online Hotel Business Review




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Feature Focus
Revenue Management: Technology and Big Data
Like most businesses, hotels are relying on technology and data to drive almost every area of their operations, but perhaps this is especially true for hotel Revenue Managers. There has been an explosion of technology tools which generate a mountain of data – all in an effort to generate profitable pricing strategies. It falls to Revenue Managers to determine which tools best support their operations and then to integrate them efficiently into their existing systems. Customer Relationship Management, Enterprise Resource Planning, and Online Reputation Management software are basic tools; others include channel managers, benchmark reports, rate shopping tools and review systems, to name a few. The benefits of technology tools which automate large segments of a Revenue Manager’s business are enormous. Freed from the time-consuming process of manual data entry, and having more accurate data available, allows Revenue Managers to focus on analysis, strategies and longer-term decision-making. Still, for most hotels, the amount of data that these tools generate can be overwhelming and so another challenge is to figure out how to effectively utilize it. Not surprisingly, there are some new tech tools that can help to do exactly that. There are cloud-based analytics tools that provide a comprehensive overview of hotel data on powerful, intuitive dashboards. The goal is to generate a clear picture, at any moment in time, of where your hotel is at in terms of the essentials – from benchmarking to pricing to performance – bringing all the disparate streams of data into one collated dashboard. Another goal is to eliminate any data discrepancies between finance systems, PMS, CRM and forecasting systems. The October issue of the Hotel Business Review will address all these important developments and document how some leading hotels are executing their revenue management strategies.