Hospitality Law
Ben  Hanuka
  • Hospitality Law
  • Conflicts Between Franchise Agreements and Operating Manuals: A Canadian Perspective
  • The vast majority of franchise systems, including hotel systems, depend on operating standards, procedures and policies. These requirements are typically contained in a franchise operating manual that is separate from a franchise agreement. Particularly in established hotel franchise systems, operating manuals tend to be comprehensive and often complex documents. They may contain extensive requirements with respect to virtually every aspect of the operation of the hotel, from the brand and quality assurance, to the use of technology. Read on...

Lema Khorshid
  • Hospitality Law
  • Building Your Brand by Managing Your Intellectual Property
  • With new players constantly opening their doors, the hotel industry has become an extremely competitive game. One day, a hotel is the only one of its kind in its ZIP code, and the next, one opens around the corner and another right across the street. Hotel companies and operations constantly innovate novel and differentiated concepts to draw new customers in, and as a result the hospitality industry bears a surplus of very comparable brands. Whatever the concept and whatever the location, hotel executives need to differentiate their properties from the mass of competition. Using both the law and business of brands is the best tool at the hotel executive’s disposal. Read on...

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...

AUGUST: Food & Beverage: Multiplicity and Diversity are Key

Paul Hancock

Vegetables are no longer served as garnishes or accompaniments but, center stage in the dining scene in this day. Plate design and bold flavors are more paramount than ever. The “wow” effect is in full effect. Guests are more eager to try something new more than ever before. It is entertainment, so it has to be great and throughout the dining experience. There is a cultural shift happening right in front of our eyes with vegetables. Vegetables have been the unsung heroes of the plate for many decades. That is changing. Read on...

Robert  Hood

What does a restaurant look like in 2017? To define what a restaurant is is a difficult process and not an easy thing to do considering that foodservice has evolved so much and comes in so many shapes and sizes. In 2017 restaurants are not even defined for having chairs or tables for diners or even want diners to stay after the point of food purchase and the sale is completed. This is the world of the ‘QSR’ or ‘Quick Service Restaurant’ and since it arrived it has changed restaurant culture, our food service experiences on an almost daily basis, and begs the question ‘is QSR the new fine dining?’ Read on...

Chris Ferrier

Many hotels are overwhelmed by the thought of putting together a ‘buy local’ or ‘farm-to-table’ culinary program when they also have to serve many guests. Where do you start? Should chefs contact all the local farms, breweries, wineries, fish mongers, meat and poultry farms in their area? Should they visit each farm? Many years ago, this was what we did; but with 1,200 meals to prepare, often we would clear out the farmers’ goods and still not have enough for what we needed. Read on...

Bobby Martyna

A key trend in hotel development is making the hotel lobby a destination for guests. Where in the past, the focus was primarily on the guest room, moving forward, brands and independents are looking to transform the lobby into a space where guests can socialize, work, snack and dine. In order for the lobby destination to be both compelling and memorable, the retail design, visual merchandising and food selection need to convey what is special about the location and must work together to deliver a surpassing guest experience. Read on...

Coming Up In The September Online Hotel Business Review




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Feature Focus
Hotel Group Meetings: Blue Skies Ahead
After a decade of sacrifice and struggle, it seems that hotels and meeting planners have every reason to be optimistic about the group meeting business going forward. By every industry benchmark and measure, 2017 is shaping up to be a record year, which means more meetings in more locations for more attendees. And though no one in the industry is complaining about this rosy outlook, the strong demand is increasing competition among meeting planners across the board – for the most desirable locations, for the best hotels, for the most creative experiences, for the most talented chefs, and for the best technology available. Because of this robust demand, hotels are in the driver’s seat and they are flexing their collective muscles. Even though over 100,000 new rooms were added last year, hotel rates are expected to rise by a minimum of 4.0%, and they are also charging fees on amenities that were often gratis in the past. In addition, hotels are offering shorter lead times on booking commitments, forcing planners to sign contracts earlier than in past years. Planners are having to work more quickly and to commit farther in advance to secure key properties. Planners are also having to meet increased attendee expectations. They no longer are content with a trade show and a few dinners; they want an experience. Planners need to find ways to create a meaningful experience to ensure that attendees walk away with an impactful memory. This kind of experiential learning can generate a deeper emotional connection, which can ultimately result in increased brand recognition, client retention, and incremental sales. The September Hotel Business Review will examine issues relevant to group business and will report on what some hotels are doing to promote this sector of their operations.