Recent Articles in Legal

Tax Deductions for Your Green Hotel
Jan 30, 2016

Here’s some tax incentive news that isbound to make green hotel owners and designerssmile: owners of existing commercial buildings that improve their energy efficiency by at least 50% can earn a tax deduction of up to $1.80 per square foot!  And so can designers of newly constructed high efficiencycommercial buildings.

And a partial deduction of $0.60 per square foot is available for those investing in lighting, HVAC, or building envelope upgrades that reduce consumption by less than 50%.

That means energy efficient green hotels that have reducedtheir energy consumptioncan earn a big break on their taxes – money that can definitely be used tohelp offset the cost of the upgrades.

HOW TO BUY A HOTEL Handbook: Franchise Issues in Hotel Purchase and Sale Transactions
Jan 27, 2016

Buying or selling a hotel operating under a brand name requires special attention. Typically, the existing franchise agreement will be assumed, terminated or modified in some way, and the new branding arrangements will usually have a significant impact on the value and profitability of the hotel. The JMBM Global Hospitality Group® has represented buyers and sellers of hotels with all the major hotel brands, and has developed practical solutions to achieve a smooth transition of the franchise from the seller to the buyer, or to change the franchise if that suits the buyer's goals. Knowing when and how to work with the franchisor as part of the transaction can save both parties a lot of money, avoid major disruptions of hotel operations upon the sale and increase the value of the property itself.

Security Systems: An Overview on CCTV Upgrades
Aug 13, 2015

It's no secret the past few years have been challenging for most hotels and many have been required to make difficult cuts to operations. One of the least talked about cutbacks has been in the area of security where there have been staff reductions coupled with little or no capital improvements. These cutbacks have left many hotels exposed. Given the importance of guest safety many hotels are looking to make improvements now that the economic rebound is expected to start taking place.

10 Ways Your Small Business May Be Breaking Employment Laws
Apr 26, 2015

Do you think of yourself as a flexible employer or even just a nice one? 10 Ways Your Small Business May Be Breaking Employment Laws

Pushing Back on Credit Card Swipe Fees
Feb 1, 2015

The Entrepreneur Who Pushed Back on Swipe Fees

How to Figure Out the Actual Cost of Your Employees
Aug 20, 2014

 Knowing how much you spend for each employee will help you improve your business results in four key ways:

1. You will correctly cost their time.
2. You will price your products and services more profitably.
3. You’ll help your staff understand the entire value of the compensation package you provide.
4. You can plan for the exact costs you’ll incur whether your workforce grows, shrinks, or stays the same.

Why Your Company Needs A Handbook
Jul 22, 2014

  The days of believing that a handbook can cause more harm than good are long gone. In today’s business environment, a handbook serves both as a sword to carve out your legal rights as well as a shield to protect them.

A handbook sets expectations, encourages employees to behave in certain ways, helps ensure that employees are treated consistently, publicizes employee benefits, and helps win unemployment claims and lawsuits. 

ADA REQUIRES REASONABLE ACCOMMODATION, NOT EMPLOYEE’S PREFERRED ACCOMMODATION
Jun 25, 2014

With the EEOC presently pushing an enforcement agenda focusing, in part, on claims under the Americans with Disabilities Act (ADA), it is important to keep in mind an often-underutilized legal principle when facing a failure-to-accommodate claim:  the law requires only a reasonable accommodation, which is not necessarily the accommodation requested or preferred by the employee.

Hotel Management Agreement Termination Disputes: Is There Shelter From The Storm?
Jun 5, 2014

  Hotel Management Agreement Termination Disputes: Is There Shelter From The Storm?
In the wake of Fairmont v. Turnberry and M Waikiki LLC v. Marriott Hotel Services in 2012, the hospitality industry was abuzz about the dramatic ousters of the hotel operators by the hotel owners. The sensational events attracted even non-lawyers to read about these cases. A debate raged about whether a hotel owner should have the power to terminate a hotel management agreement at will, without notice or cause, and the effect this power would have on the hospitality industry, where the revenue streams from hotel management agreements are a key component in the valuation of brand management companies. 

Sample “Policy Against Harassment”
May 7, 2014

The Sample “Policy Against Harassment” is provided as informational, educational, and illustrative purposes only. HospitalityLawyer.com does not render legal advice. You should always consult legal professionals for your specific needs, questions, and services. If you choose to use the Sample “Policy Against Harassment” you do so at your own risk. HospitalityLawyer.com does not make any representations that the Sample “Policy Against Harassment” is suitable for a particular use and the user should always independently assure himself/herself of the accuracy and legal compliance for their particular jurisdiction. February 2010

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ADA Defense Lawyer: How to quickly lose business. (no ADA-compliant reservation system)
Apr 30, 2014

ADA Defense Lawyer: ADA reservation system requirements

As reported in the Hotel Law Blog, the US Department of Justice has revised the regulations implementing the Americans with Disabilities Act (ADA) for the first time in nearly 20 years. While the revisions to the ADA Regulations include broad changes in many areas, today's blog focuses on the changes to Reservation Policies.

" Credit Card Hackers Visit Hotels All Too Often" - New York Times Story
Mar 28, 2014

HERE’S something that the struggling hotel sector prefers not to spotlight: it is a favorite target of hackers.

A study released this year by SpiderLabs, a part of the data-security consulting company Trustwave, found that 38 percent of the credit card hacking cases last year involved the hotel industry. The sector was well ahead of the financial services industry (19 percent), retailing (14.2 percent), and restaurants and bars (13 percent).