Hospitality Law
Justin Thompson
  • Hospitality Law
  • The Current Legal State of Hotel-Condo Development
  • A couple of notable recent legal developments have paved the way for a resurgence in developer interest in condo hotel projects. This is especially true in major luxury markets across the U.S., such as Los Angeles, San Francisco, Miami and New York, where numerous condo hotel projects are in the development and pre-sale phases. By way of background, a condo hotel is a condominium project located immediately adjacent to or within a hotel. In a condo hotel project, the condominium unit owners are entitled to certain hotel amenities by virtue of their unit ownership. Many unit owners elect or are restricted from living in their condo hotel unit year round; when the unit is not occupied, it is rented. Read on...

Rob Elvin
  • Hospitality Law
  • Health and Safety in the UK Hotel Industry
  • There have been a significant number of cases reported in the press recently in relation to hotels that are being prosecuted for health and safety breaches. The increased visibility of such cases highlights a need for stronger emphasis on compliance within the industry. This article aims to increase awareness of health and safety issues amongst hoteliers by examining key health and safety obligations in relations to hotels; considering the legal, reputational and financial impact of failures to comply with health and safety duties; and providing some practical examples of how to ensure compliance with legal obligations. Read on...

Robert E. Braun
  • Hospitality Law
  • Not Just Heads In Beds – Cybersecurity for Hotel Owners
  • The basics of the hotel business have traditionally been simple: good location, fair prices, appropriate amenities and good service were the keys to success. While those factors are important today, hotels are no longer simply a “heads in beds” business; hotels are increasingly brand-oriented. Brands focus not only on the services and products they sell, but on developing the perception and recognition of the brand associated with those goods and services. That means that hotels, like all brands, need to focus more and more on understanding their customers and how to reach them, whether through loyalty programs, advertising, social media or otherwise. Read on...

Lema Khorshid
  • Hospitality Law
  • Occupancy and Operations Tips For Your Hospitality Business
  • It is no surprise that hospitality businesses often experience an uptick in customer traffic and interest as the weather warms, local residents emerge from their winter shells to frequent local hot spots and drive up to their familiar weekend getaway locations, and out-of-town tourists flood popular entertainment districts for days at a time seeking great hotels, restaurants and attractions. In fact, an annual report released by Adobe in May revealed that U.S. consumers are expected to spend $65 billion online on summer travel this year. Read on...

Marc Stephen Shuster
  • Hospitality Law
  • What is the Future of Hotels Now that Millennials are the Largest Generation (in the U.S.)?
  • Whether it is Hyatt Centric, Canopy by Hilton, AC Hotels by Marriot, Vib by Best Western Hotel, Radisson Red, or OE Collection from Loews Hotels, established hotel chains are deploying a new strategy to address the ever growing buying power of Millennials. These chains are creating new brands that specifically cater to Millennials. In fact, besides the established Hotel companies, new chains are being, or have been, created to address the Millennial generation, or there corporate ownership is being disguised. The focus on Millennials by hotel companies is not just a U.S. trend; it’s worldwide. Read on...

Marc Stephen Shuster
  • Hospitality Law
  • Investigating Sexual Harassment Claims: A Guide for Hospitality Employers
  • Although some claims of sexual harassment made by hotel and restaurant employees may not prove to be true, an employer’s failure to properly address sexual harassment complaints may render the employer liable for significant damages to a prevailing employee. Once an employee has complained of sexual harassment, an internal investigation is necessary to address and resolve the claim. This article describes best practices to take when conducting an internal investigation of a sexual harassment claim. This article also describes policies and procedures an employer can implement to help avoid sexual harassment claims Read on...

Lonnie Giamela
  • Hospitality Law
  • White Collar Exemptions and Why Job Descriptions are Essential
  • One of the most common misconceptions employers have is that an employee can be paid a salary merely because of their position or title within the company. Many well-intentioned employers latch on to this misconception and end up paying salaries to "managers," "administrative assistants," or other employees with lofty titles even though the law dictates otherwise. Of course, this can lead to very expensive misclassification lawsuits. This article explores a specific sub-set of exemptions, the "white collar" exemptions, and explains how they are applied. It will also describe what a well-written job description looks like and why it is essential to avoiding and defending against employee lawsuits. Read on...

Michael Elkon
  • Hospitality Law
  • What Hotel Leadership Should Know About the Emerging Trend of Assault and Battery Claims
  • While defining a “hostile work environment” is generally commonplace for HR professionals, one new, emerging trend in the workplace is the filing by employees or their attorneys of assault and battery charges. The law regarding assault and battery in the civil context has existed for decades, but in recent years, lawyers representing employees have started to make use of these claims with increasing frequency. This article lists five primary reasons for this shift, along with enumerating six steps an employer should follow to protect his company against an assault and battery claim. Read on...

Judi Jarvis
  • Hospitality Law
  • Why a Good Lawyer is a Great Sales Tool
  • As with most industries, there are myriad competing interests in the hospitality sector: developer vs. lender; franchisor vs. franchisee; operator vs. guest; owner vs. management company. The list, cynical as it may be, goes on. But there is one thing on which nearly all business people agree, and that unifies even the most divided of parties: lawyers kill deals. As a profession, we may have earned that reputation through negative comments about proposed transactions; advice based on theory and not practice; and a failure to put our clients ahead of ourselves. A good lawyer in the hands of a smart client, however, not only avoids killing deals but can be one of your best sales tools. Read on...

Mark S. Adams
  • Hospitality Law
  • The Shrinking Terms of Hotel Management Agreements
  • The relationship between hotel owners and managers continues to evolve. Hotel management agreements historically were long-term. Fifty to sixty year terms were common. However, in the last few years, hotel owners have successfully negotiated shorter contract durations and other more favorable terms, even from the largest and most sought-after major brands. This trend is likely to continue and expand as brands realize that hotel owners have the power to terminate so-called no cut, long-term hotel management agreements, despite contrary provisions in the contract which courts now routinely ignore as a matter of public policy. Read on...

John R. Hunt
  • Hospitality Law
  • Update on Tip and Service Charge Litigation
  • The past year has witnessed a continued surge in the number of federal wage and hour cases filed against businesses throughout the United States, including those in the hospitality industry. At the same time, the U.S. Department of Labor has engaged in enforcement initiatives directed at hotels, restaurants and bars. All of this has occurred against a backdrop of proposed regulatory reform that could affect the way in which hotel and restaurant operators compensate their employees. This article reviews some of the more important developments in these areas. Read on...

William A. Brewer III
  • Hospitality Law
  • The New Frontier: Understanding Rights and Responsibilities When Changing Hotel Brands
  • Tension between hotel owners and hotel management companies comes as no surprise during tough economic times. But even in times of improved economic prosperity, some hotel owners are intolerant of management companies that fail to manage assets in the most effective and profitable manner possible. This results in certain owners seeking, or being compelled, to convert their asset to a different brand, or in some cases no brand at all. They do so to protect their long-term economic interests in markets that have proven to be cyclical. In this piece, we explore important considerations regarding the respective rights and responsibilities of owners and managers in such circumstances. Read on...

Lonnie Giamela
  • Hospitality Law
  • Avoiding Liability for Retaliation Claims
  • Retaliation lawsuits are the most common claims brought against employers before governmental agencies and are increasing in frequency in the civil court system. According to the Equal Employment Opportunity Commission (EEOC), in 2013, a retaliation claim was made in 41.1% of all charges submitted to the EEOC. This is more than discrimination based on race and more than discrimination based on disability. Even more concerning is the consistent uptick in retaliation allegations. Retaliation claims have increased in number every year since 1997. So, what can employers do to protect themselves against this ever-growing liability? First, employers must understand what retaliation is. Next, employers must be able to issue spot when a particular set of facts poses a high risk for a retaliation claim. This article will attempt to do both. Read on...

Marjorie Obod
  • Hospitality Law
  • What do Hotel HR Managers Need to Know About the Affordable Care Act and the January 1, 2015 Deadline for Compliance?
  • What steps do Hotel HR Managers need to take to determine if the Affordable Care Act (the “ACA”) requires that changes be made to the healthcare benefits offered to employees by January 1, 2015? Although the seasonal exception may apply to employees in the hotel industry, the fact that the definition for “full time” employees under the ACA lowers the threshold number of hours an employee needs to work to be considered a “full time” employee from 40 hours a week to 30 hours a week, requires that HR Managers recalculate whether the fifty (50) full-time of full-time equivalent employees cutoff has been met. In addition to factors that must be considered in determining if the ACA applies to your hotel, this article outlines what HR Managers need to do to prepare for the January 1, 2015 effective date of the ACA. Risks for non-compliance are outlined so that HR Managers are aware of how to act prudently in protecting businesses from unnecessary costs that can be avoided through understanding the law and taking responsive action. Read on...

Banks Brown
  • Hospitality Law
  • The Continued Challenges of Safety and Security After 9/11
  • As this article is being written, two armed police officers guard the front of the building that houses our law offices, and have been a fixture since the UN was in session over three weeks ago. The officers first appeared at the same time that government agents encased in flack jackets, bearing machine guns, and accompanied by canine units appeared on the streets outside of Grand Central Terminal and the New York Public Library. Last week also brought news that NYC’s Office of Emergency Management ran a training exercise that simulated an emergency response to a 10-kiloton nuclear device exploding in Times Square, which according to the simulation, killed 100,000 people instantly, took down skyscrapers for a half-mile radius and inflicted damage up to two miles away, all as a radiation cloud swept over the entire metropolitan region. No doubt, the nation’s safety and security are still critical issues. Read on...

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




{300x250.media}
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.