Industry Update

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Article by Robert Habeeb, CEO, First Hospitality from HotelNewsNow.com:

When politics enter the conversation, discussions about the role of government and regulatory impact on the hotel industry become polarizing and partisan depending on political affiliations.

The role of government in handling the national economic crisis? Liberals assert the economic downturn would have been much worse without government intervention while conservatives contend that ham-fisted bumbling failed to improve the situation—and quite possibly even made things worse.

The trend toward beefing up regulatory agencies and strengthening mechanisms for government oversight? Conservatives argue it is a reactionary, unnecessary, anti-business stance; liberals counter it is a necessary correction after years of lax regulation.

These bipolar debates, driven by perspectives on either end of the political spectrum, are rarely productive. On the ground of the hotel industry, hospitality professionals do not have the luxury of getting into philosophical discussions about the appropriate role of government. Whatever our personal politics might be, when it comes to supporting and growing our industry, it is all business. From health-care reform and immigration policy, to taxes and organized labor, government programs and policies have a profound impact on the health and prosperity of the hotel industry.

Hotel owners and operators have a vested interest not only in those policies that directly address their concerns but also in any significant piece of business-related legislation. By staying informed and engaged with legislative trends, owners can monitor their economic and political fortunes in some very important ways.

So where does the industry stand right now? Continue reading at HotelNewsNow.com.

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From Fisher & Phillips LLP :

All employers maintaining the Occupational Safety and Health Administration’s 300 Logs for workplace injuries and illnesses pursuant to OSHA’s recordkeeping standard must post their 2011 annual summary by February 1, 2012. Employers must utilize the annual summary form (form 300A) when complying with the posting requirements. The form is available for downloading from the OSHA website.

More details about the form that are frequently misunderstood can be found here.

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The Consumer Product Safety Commission (CPSC) has coordinated with pool & spa industry leaders to develop training materials for the prevention of drowning and drain entrapment. The two newest resources include:

Got it Covered provides safety information for lifeguards regarding entrapment and drowning prevention. The video was created by the Association of Pool & Spa Professionals in cooperation with the CPSC. The video can be viewed online or a hard copy can be requested by clicking the link above.

Guidance to Compliance is CPSC’s training video for the proper inspection of pools and spas for compliance with the Virginia Graeme Baker Pool & Spa Safety Act. The video can be viewed online or a hard copy can be requested by clicking the link above.

The above links are password protected for lodging members only. If you need help logging in, email Michelle in the WH&LA office or call 262/782-2851.

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WH&LA has updated its Record Retention Guide – the publication is available in the Info Center here.

The above link is password protected for lodging members only. For help logging in, email Michelle in the WH&LA office or call 262/782-2851.

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Interested in serving on a WH&LA committee? Members in good standing are eligible to participate in a variety of committees throughout the year. The committees offer members the unique opportunity to make decisions and recommendations to your Board of Directors plus networking with fellow property owners, managers and industry vendors. All committees meet throughout one full day, three times in 2012, with the Board of Directors meeting the following morning to vote on committee recommendations. 2012 meeting dates and locations are:

January 24 at HotelRED, Madison

May 9 at Lake Lawn Resort, Delavan

September 19 at Jefferson Street Inn, Wausau

No preparation time is required for committee members, we only ask that committee members bring their opinions, objectivity and decision-making skills. Members may serve on multiple committees and are not locked into the committee they sign up for.

The committee sign up form is available here.

 

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From the American Hotel & Lodging Association
By Minh N. Vu & Karen L. Stephenson

It’s been 20 years since the signing of the original Americans with Disabilities Act (ADA), a law that has influenced society and the way we do business. Recent revisions to the ADA make it more important than ever to stay up to date on how your business accommodates people with disabilities.  This article provides ways that lodging properties can help guests with disabilities make the most of their stays through the property’s compliance with the legal requirements of Title III of the Americans with Disabilities Act. This article also addresses new accessibility requirements for existing and newly-constructed swimming pools, wading pools, and spas.

More on creating an outstanding guest experience for individuals with disabilities can be found here.

The above link is password protected for lodging members only. If you need help logging in, email Michelle in the WH&LA office or call 262/782-2851.

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From HotelOnline:

Court finds that Online Travel Companies (OTCs) ‘help consumers make informed choices in spending their travel dollars, and to do so conveniently and efficiently.’

The Texas 14th Court of Appeals yesterday affirmed that online travel companies (OTCs) pay all of the taxes that they are legally required to, and that the City of Houston and the Harris County-Houston Sports Authority cannot impose taxes on them for their reservation services. This decision follows the clear national trend, where state and federal courts have rebuffed efforts by state and local governments to attempt to impose taxes on online travel companies for their services.

The court went on to point out that an OTC, “does not have rooms or occupancy… the OTCs do not have the right to use or possess hotel rooms. Instead, the OTCs have websites and provide information.” The court noted that, “the OTC does not purchase the right to use the room and then resell that right to a consumer, and does not promise that any reservations will be made.” OTCs simply allow their customer to place a reservation with the hotel through the OTCs’ websites.

The court also correctly applied long-standing rules of statutory construction in interpreting a tax statute: if the taxpayer’s interpretation of the words of the statute is reasonable, the taxpayer prevails and any ambiguity must be resolved in favor of the taxpayer. Here the court held that the OTCs’ argument that their compensation was not part of the “cost of occupancy” was reasonable, and that “the provisions at issue reasonably can be construed to tax only the amounts paid to hotels,” so it ruled in favor of the OTCs.

Read the article in its entirety from HotelOnline here.

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From The Los Angeles Times:

While the cost of business travel continues to climb, executives say airline and hotel workers need to treat them with respect if they want to keep their business.

A survey released last week found that business executives rank rude hotel staff, intrusive security procedures and “steerage-like treatment” on crowded commercial planes as the worst parts of traveling for business.

Asked to pick the things they hate most about travel, 86% of executives said airport security screenings, 76% chose tiny, dirty commercial planes and 74% said impersonal treatment by hotel staff, according to the survey of about 3,000 business executives by Vitesse Worldwide, an executive travel firm in Connecticut.

Read more from The Los Angeles Times here.

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Recently, many hotel properties have received a Patent Infringement Legal Notice related to a company known as Innovatio IP Ventures. A law firm has acquired “the controlling patents in the area of WLAN (Wi-Fi) and mesh networking.” They are actively pursuing all hotels, restaurants and other Wi-Fi offering companies, mandating the purchase of a license to use such equipment and continue to offer free or charged wireless. They are charging $2,300 for a onetime fee.

Read more from AH&LA Legal Counsel on ways to deal with so-called “patent trolling,” here.
This link is password protected for lodging members only. If you need help logging in, email Michelle in the WH&LA office or call 262/782-2851.

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The state Department of Revenue just released a September 2011 update to its former 2009 publication about how lodging property operations are affected by sales and use taxes.

This publication is a handy reference for the lodging industry, covering everything from sales tax exemptions on sleeping room rentals to what charges and purchases are taxable, and so much more. The full issue of this WH&LA Advisory is available here by clicking the September 28. 2011 link.

The above link is password protected for lodging members only. If you need help logging in, email Michelle in the WH&LA office or call 262/782-2851.

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There were 111 cases of acute illness confirmed from the use of insecticides to control bed bugs in seven states from 2003 to 2010, U.S. officials say. A report, published in the Centers for Disease Control and Prevention’s Morbidity and Mortality Weekly Report, said 93 percent of the cases occurred among people living in private homes where the pesticides were applied by do-it-your-selfers. The ailments most frequently involved nervous system, respiratory and gastrointestinal effects, the report said.

“Frequently contributing factors included excessive insecticide application, failure to wash or change pesticide-treated bedding, and either a lack of notification or ineffective notification of pesticide application,” the report said.

If pesticides are warranted, certified applicators should do the application, health officials said.

WH&LA and Wil-Kil Pest Control have hosted several online webinars on treating and preventing bed bugs in lodging properties. Lodging members of WH&LA can access the webinar archive here.

The above link is password protected for lodging members only. If you need help logging in, email Michelle in the WH&LA office or call 262/782-2851.

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