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 MORE

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 MORE

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 MORE

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 MORE

Key Performance Indicators or KPIs as they are popularly known as, are a favorite topic in management meetings or in boardroom talk and owner conferences. Everybody likes to wax eloquent about these magical measures that deliver revenues and profits on a consistent basis. The sad truth though is that these KPIs are grossly misunderstood, vaguely interpreted and abundantly under utilized. KPIs are often revenue, profit or operation related indexes or measures that play a big part in the business results of a hotel. It is thus important that firstly, these measures are specifically identified and listed for monthly scrutiny and review. Secondly they must become part of what are known as Management Reports and reviewed thoroughly every month by key personnel. READ MORE