Category Archives: Legislation

by | September 13, 2011 · 10:49 am

Hospitality Industry Information Security Risks: Senate Introduces "Personal Data Protection And Breach Accountability Act Of 2011" Forcing Companies To Secure Personal Data

“…Introduced by Sen. Richard Blumenthal (D-Conn.), the Personal Data Protection and Breach Accountability Act of 2011 would force companies that hold online information for more than 10,000 people to follow strict guidelines to ensure the data is stored correctly…”

The U.S. Senate will consider a bill aimed at protecting citizens’ personal information from online data theft, and penalizing companies that don’t adequately store and safeguard their customers’ personal information.

The bill would impose fines on companies who don’t follow the guidelines and leave customer data open to compromise, and open the door for customers to sue companies that don’t adequately protect their data.

Blumenthal’s bill would put the U.S. government in line with states such as Massachusetts, which has legislation that fines companies that improperly protect residents’ digital data.

For more:  http://www.msnbc.msn.com/id/44491737/

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by | August 24, 2011 · 8:00 am

Hospitality Industry Guest Privacy Risks: Virginia Hotel Sued For Violating "Fair And Accurate Credit Transactions Act"; Receipts "Bore Expiration Date Of Credit Card"

“…(the suit) would include individuals who received electronically printed receipts for transactions at Marjac Suites after June 30, 2008, and whose receipts bore the expiration date of their credit or debit card…”

A willful violation of the statute, the Fair and Accurate Credit Transactions Act, can trigger damages of $100 to $1,000 per transaction, along with attorneys’ fees and costs.

A Virginia Beach hotel broke a privacy-protection law by including restricted information on a credit-card receipt, a hotel guest alleges in a suit filed in federal court in Norfolk.

The plaintiff, James T. Buechler of Baltimore County, Md., contends that Marjac Suites on Atlantic Avenue and its owner, Burlage Hotel Associates, violated a federal statute in January by printing Buechler’s card-expiration date on his receipt at checkout.

Buechler is seeking damages “on behalf of himself and the thousands of other consumers placed at risk by defendant’s unlawful practice,” according to the suit, filed Aug. 10.

Buechler is asking the court to certify his suit as a class action. Members of the proposed class would include individuals who received electronically printed receipts for transactions at Marjac Suites after June 30, 2008, and whose receipts bore the expiration date of their credit or debit card.

For more:  http://hamptonroads.com/2011/08/guest-claims-va-beach-hotel-violated-privacy-law

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by | August 18, 2011 · 5:35 am

Hospitality Industry Employee Risks: Hotel And Lodging Groups Remain Opposed To Pending California Legislation "Mandating The Use Of Fitted Sheets"

“.. Senate Bill 432.. would create “new occupational safety and health standards for all hotels, motels and other similar transient lodging establishments in California…”

“.. It would mandate the “use of fitted sheets … on the bottom sheet on all beds” at such lodging. And it would mandate the “use of long-handled tools,” such as mops, to reduce stooping “to clean bathroom floors, walls, tubs, toilets and other bathroom surfaces…”

 “A 2009 report in the American Journal of Industrial Medicine found that housekeepers have higher (7.87 per 100) injury rates than other hotel workers…”

The California Hotel & Lodging Association pointed out that the medical study didn’t even mention fitted sheets as culprit in the injuries. And it charged it would cost up to $50 million to replace the regular sheets with fitted sheets. Mr. Hayes said the high number is “a bunch of nonsense” and that Sen. De Leon and other legislators are working on the bill to “find a way to implement it without added costs,” within the hotels’ economic structure.

He said the major hotels are in favor of working for a compromise bill. But the association remains adamant against any bill. And he said that, as only about 10 percent of housekeepers are unionized, including the sheet rules in future contracts wouldn’t help much.

For more:  http://articles.ocregister.com/2011-08-16/news/29897915_1_sheets-housekeepers-hotel-workers

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by | August 4, 2011 · 2:19 am

Hospitality Industry Employee Risks: Congressional Committee Investigates "Multiple, Redundant Inspections" By OSHA Related To "Labor Intensive" UNITE HERE Campaign On "Safe Work Environments" Against Hotel Management

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by | August 2, 2011 · 6:38 am

Hospitality Industry Employee Injury Risks: California Legislation Requiring "Fitted Sheets" On Hotel Beds To Reduce Heavy-Lifting By Housekeepers Is Up For Vote This Month By State Assembly

“…(California) SB 432.. would require hotels to use fitted sheets instead of flat sheets to reduce the amount of mattress lifting housekeepers must do. The legislation also would require hotels to provide long-handled mops so housekeepers won’t have to clean bathrooms on their hands and knees as they do now…”

The state Senate has passed a bill proposed by Sen. Kevin de LeÏŒn (D-Los Angeles) that would help prevent or reduce housekeeper injuries. It comes up for a vote in the Assembly this month. But the bill is facing stiff opposition from the hotel and tourism industry, which says it will increase costs and stifle growth.

A representative of the hotel industry, led by the California Hotel and Lodging Assn., told a Senate Committee that if SB 432 passes, California hotels will have to spend an additional $15 million or more to buy fitted sheets to replace the sheets for 550,000 beds at $25 per sheet. But hotels generally replace their sheets annually..

For more:  http://www.latimes.com/news/opinion/commentary/la-oe-cohen-maids-20110802,0,7847167.story

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by | July 15, 2011 · 6:36 am

Hospitality Industry Federal Law Compliance: Hotel Management Must Have Comprehensive Knowledge Of "Americans With Disabilities Act" (ADA) Regulations

For more:  http://www.ahla.com/knowledge/

 

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by | June 5, 2011 · 9:50 am

Hospitality Industry Legal Risks: Amended "Americans With Disabilities Act" (ADA) Became Law On May 24 With Potential For "Increased Frequency Of Litigation Losses"; Management Must Improve Accomodation Efforts

“…under the amended act, an employee who suffers from depression may be able to function quite normally with the aid of medication but will still be considered to be disabled and will need to receive accommodation….”

“…the frequency of discrimination claims will likely increase — as will the frequency of litigation losses — but she says the severity of individual claims will likely not change all that much, with class actions in this field being a rarity…”

Existing employment-practices liability insurance policies shouldn’t have to be rewritten or modified, she says. “We would push back on any attempt to limit coverage just because the act has been expanded.”

Employers, however, should be integrating their disability-management programs to include non-occupationally injured and ill employees, and not just workers’ compensation cases, according to Pimentel.

“That is the big trend, and by the way, from an ADA-compliance standpoint, I recommend employers take a close look at doing that,” Pimentel says.

Employers should also be revisiting how much training they are doing among their supervisors on employee etiquette, language and comfort levels in communicating with disabled employees, he advises.

“Talking to them about their needs for accommodation is … an enforced requirement under the law,” Pimentel says.

For more:  http://www.hreonline.com/HRE/story.jsp?storyId=533338925

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by | March 28, 2011 · 12:10 pm

Hospitality Industry Legal Compliance Issues: Hotels Must Be Compliant With "Americans With Disabilities Act" (ADA) Regulations Including "Mobility Issues" For "Devices Other Than Wheelchairs"

Federal law requires hotels to give people with mobility issues access to their properties, including allowing them to use devices other than wheelchairs as long as they do not raise legitimate safety concerns. The type, size and speed of the device, along with the amount of pedestrian traffic all factor into the decision.

One major change deals with the information available to people making room reservations. The idea is that people with disabilities should be able to book hotel rooms with the same efficiency, immediacy and convenience as those who do not need accessible guest rooms. The provision applies whether people are making reservations by phone, in person, on a website or though a third-party provider such as a travel agent or OTA.

Hotels must identify and describe the hotel’s accessible features in enough detail so potential guests can determine if the hotel can meet their needs, McCullough said.

Hotels also have an obligation to hold accessible guest rooms for people with disabilities unless all other guestrooms of that type have been rented. For example, McCullough said, if a hotel has 25 double-bed rooms and two are designated accessible, the reservation service must rent all 23 of non-accessible before it rents the two to people without disabilities. The rule does not apply to unique rooms such as a penthouse or bridal suite.

The difficulty is making sure that the reservation system accommodates this requirement, since the rule applies to reservations made through all channels.

“That will be a technical hurdle for your companies to leap over within the 11 months,” McCullough said. “I hope you are working on this particular issue.”

Another change requires that hotels honor a specific guest room request from customers with disabilities, even if it’s a policy of a hotel to not hold specific rooms.

For more:  http://www.hotelinteractive.com/article.aspx?articleid=20172

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by | November 22, 2010 · 11:04 am

Hospitality Industry Employee Issues: Hospitality Owners And Management Should Verify Employment And Utilize “E-Verify” Through The U.S. Citizenship And Immigration Services

E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S Department of Homeland Security and Social Security Administration records to confirm employment eligibility.

Why E-Verify?

Why do people come to the United States illegally?  They come here to work.  The public can, and should, choose to reward companies that follow the law and employ a legal workforce.

The U.S. Department of Homeland Security is working to stop unauthorized employment.  By using E-Verify to determine the employment eligibility of their employees, companies become part of the solution in addressing this problem.

Employment eligibility verification is good business and it’s the law.

 

Who Uses E-Verify?

More than 225,000 employers, large and small, across the United States use E-Verify to check the employment eligibility of their employees, with about 1,000 new businesses signing up each week.

While participation in E-Verify is voluntary for most businesses, some companies may be required by state law or federal regulation to use E-Verify.  For example, most employers in Arizona and Mississippi are required to use E-Verify. E-Verify is also mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause.

For more:  http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e94888e60a405110VgnVCM1000004718190aRCRD&vgnextchannel=

e94888e60a405110VgnVCM1000004718190aRCRD

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by | November 19, 2010 · 1:05 pm

Hotel Industry Legal Issues: Dept. Of Justice (DOJ), In Settlement Of A Complaint Against Hilton Hotels Over The “Americans With Disabilities Act” (ADA), Now Mandates That Hotel Owners Provide Required Number And Categories Of Accessible Rooms And Ability To Reserve Those Rooms Online

“…the settlement represents the first time the Department of Justice has required a franchisor to require all franchised or managed hotels that enter into a new franchise or management agreement, experience a change in ownership, or renew or extend a franchise agreement, to conduct a survey of its facilities and to certify that the hotel complies with the ADA…”

“..It is also the first time that an agreement under the ADA has specifically detailed how a hotel reservations system should be made accessible. The agreement also represents the first time that a hotel chain has been required to make its online reservations system accessible and to provide on its website current data about accessible features in guest rooms throughout the chain…”

Allegations in the department’s complaint include:

  • Failure to provide the required number of accessible rooms
  • Failure to disperse accessible rooms among the various categories of available accommodations
  • Failure to provide individuals with disabilities the ability to reserve accessible rooms through Hilton’s central reservations system on-line or by telephone
  • Failure to provide individuals with disabilities with the accessible sleeping accommodations that they reserved.

For more on the Justice Dept. Complaint and Findings:  http://www.justice.gov/opa/pr/2010/November/10-crt-1268.html

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