Tag Archives: Surveillance

Safety & Security Tips for Hotel Management

Providing an accommodating atmosphere that doesn’t compromise safety is the biggest challenge that hotels face. Achieving these goals requires a multifaceted plan that starts with staff training and guest education about safety and security issues. Management must also consistently enforce established security policies, such as allowing only registered guests on hotel property. Constant planning to stay ahead of these issues is also a must, especially when the hotel hosts public events.

hotel security

Control Access
Controlling access is an important part of hotel security planning to prevent criminals from stealing money and valuables from guest rooms. Management must train contractors and staff in controlling room key distribution and restricting access to registered guests only. During off-hours, security personnel should be stationed at all main access points to greet people, while deterring anyone with no business on the property, including disruptive or intoxicated non-guests.

 

Educate Guests
Hotel staff has a responsibility to educate guests about safety and security responsibilities. The challenge is getting the message across without negatively affecting the customer’s experience. For example, the bellman can stress the importance of locking hotel room doors to prevent strangers from entering. Front desk clerks can also discourage guests from actions that leave them vulnerable to thieves, such as flashing room keys or yelling room numbers across the lobby.

Patrol Public Areas
Technology has come a long way in helping hotels to upgrade basic security measures. Closed-circuit TV cameras with recording systems are essential for securing such busy public spaces as bars, docks, lounges, and parking lots. However, these areas also allow open access for disruptive persons, muggers and pickpockets. Active monitoring of the camera images by staff and proper lighting reduces the opportunities for such crimes. Offering a security concierge to escort guests also minimizes the risk of non-assaultive crimes, such as luggage thefts.

Advance Measures
Communicating basic safety and security measures becomes even more important at public events such as conventions, where travelers may feel as if they’re leaving real world dangers behind. To head off problems, management should send advance communiques to event attendees. The notices should contain basic safety tips, such as the need for locking doors, not leaving cellphones and laptops unattended, and being alert in public areas.

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Workplace Violence – How to Deal with a Disgruntled Ex-Employee

violence
You are an executive working intently in your office when your assistant calls and informs you that a disgruntled ex-employee has shown up at the facility with a weapon and is threatening violence.  Will you know what to do, or better yet, what not to do?

 

Workplace violence can be defined as any act that creates intimidating, hostile, and offensive or a threatening work environment through unwelcome words, actions or physical contact.  As we have seen on multiple occasions, workplace violence and active shooter occurrences have been on a steady incline in this country.  Are you and your company prepared?

There are two types of workplace violence that need to be taken into consideration. First is the external variety – criminal activity from a non-employee, client or customer.  Second is the internal variety of a problem employee, employee personal relationship, hostile individual due to disciplinary actions or a facility closing.  Be prepared by taking some very easy measures:

  • Have a  written policy that is known throughout your organization
  • Take the position of ‘no tolerance’ for this activity
  • Train employees and provide ongoing training
  • Make sure your plan protects first, then concentrates on compliance
  • Understand and effectively communicate the legal implications

The potential deadly situations are reasonably foreseeable and this should be the standard used for compliance and determination of liability. Understand what data you need to assist in the prevention of workplace violence.  You not only have a legal responsibility but the obligation to your workforce.  Negligent hiring, high-risk terminations, retention, security, and poor training open you and your organization to the possibility of a workplace violence incident.  Human resources plays a key role in your workplace violence plan through effective pre-employment screening, establishing discrete communications channels, an Employee Assistance Program and coordination with your security personnel regarding response plans.

Do not allow yourself to make these five critical mistakes:

  • Denial and avoidance
  • Not having a threat response plan
  • Acting too hastily
  • Lack of total workforce participation
  • Insufficient assessment process

Coordinate a case assessment team and make sure they understand their purpose, make-up, objectives, and documentation measures.  The need to recognize the behavioral warning signs that signal potential trouble and that evaluation of behavior is not ‘profiling’.

Protective measures include:

  • A facility security audit
  • Obtaining local crime statistics
  • Recording a history of incidents
  • Personnel training
  • General security awareness training
  • An established liaison with local law enforcement.

Remember, ignorance does not relieve an organization of responsibility.  In summation, an organization has a Duty of Care responsibility to their employees and must plan, train, recognize, manage and respond to this growing problem within the business community.

For more: http://bit.ly/1XAJN02

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Filed under Crime, Hotel Employees, Hotel Industry, Labor Issues, Management And Ownership, Risk Management, Training

What the Erin Andrews Lawsuit Means for Hoteliers

erin andrews

A jury’s decision this week to award sportscaster Erin Andrews $55 million in a civil suit against her stalker and the owner and management company of the Nashville hotel in which the man secretly videotaped her will have repercussions for the hotel industry for years to come, sources said.

In 2008, Michael David Barrett recorded Andrews while she was nude through the peephole of her hotel guestroom at the Nashville Marriott at Vanderbilt University. Barrett, who later pleaded guilty to felony stalking in 2009, discovered which room was Andrews’ and reversed the peephole in the door to see inside. The jury in Andrews’ civil suit found Barrett, as well as the owner of the hotel, West End Hotel Partners, and the management company, Windsor Capital Group, to be responsible.

Andrews had originally included Marriott International in her original suit; however, the court in Tennessee found that Marriott had no liability in the case, and dismissed it.

Stephen Barth, a professor of hospitality law at the Conrad N. Hilton College of Hotel and Restaurant Management at the University of Houston and founder of hospitalitylawyer.com, testified on behalf of the defense during the civil trial. The defendants in this case did what they were supposed to do, Barth said in an interview with HNN, and he believes that because the companies were focused and diligent on their policies, procedures and employee training, it gave the jury members pause during their deliberations.

With the outcome of the case, Barth stressed that just as before, it’s important for hoteliers to have the right policies and procedures in place as well as the proper training for staff to deal with guest privacy issues.

“You need to be able to demonstrate the training that went on, the frequency and outcomes,” Barth said. “How do you evaluate whether the training was effective? Ultimately, you have to be able to demonstrate this in a courtroom.”

Policies, procedures and training

David Samuels, partner at Michelman & Robinson, said one of the issues that jumped out at him in following the trial was whether the management company had the proper policies and procedures in place regarding guest privacy. He said he believes several jury members were bothered by the testimony of some hotel staff who couldn’t recall having those policies. Samuels followed the trial but was not directly involved in it.
At this point, all owners and operators should review how they’re running their properties and whether they have specific written policies and procedures in place.

“They need to have those and effectively train the staff on it,” Samuels said.

Along with having those policies in place, hoteliers should regularly update those policies based on legal developments, such as the Andrews case, according to Sylvia St. Clair, an associate with Faegre Baker Daniels. If there’s any question about whether a policy is in compliance with the law or industry standards, she said, contact legal counsel or the human resources department.

“Then ensure (that) new hires receive that training as well as existing employees,” she said.

If a front-desk associate receives a request for a guest’s private information, such as his or her guestroom number, St. Clair said the associate should know not to give that information out unless he or she is authorized to do so. The associate should know to contact his or her manager or supervisor with questions.

“You want a statement to give to (anyone) requesting information,” St. Clair said. “Make sure employees know if they are receiving these types of requests, and the person requesting is continually asking, they shouldn’t hesitate to get their manager or GM involved.”

After completing the training, St. Clair said, document the training in employees’ files to show they received the latest version of the policy and understand it.

House phone access

During the civil trial, there was a dispute over how Andrews stalker learned which guest room was hers, Samuels said.
Andrews attorneys argued her stalker learned from the front-desk staff, an allegation the associates denied during the trial. Her stalker, Barrett, said in a taped deposition that he figured out Andrews room number by using an internal house phone at the hostess stand in the hotel restaurant.

“Those are only supposed to be used by employees,” Samuels said.

Barrett called the front desk and asked to speak with Andrews, Samuels said, and when the line was connected, Andrews room number appeared on the phone’s LCD screen. Barrett then went to her floor, saw the room next to hers was being turned over and then requested at the front desk to be in that room.

“From a privacy standpoint, from a safety standpoint, hotel guests should never be allowed to use an internal house phone that displays the room number on an LCD screen,” Samuels said.

If guests need a house phone, he said, they should be directed to one without an LCD screen and it should connect to an operator.

Similarly, hotel employees should be aware of who may be looking over their shoulders when using phones that display room numbers, he said.

Red flags

In the plaintiff’s closing argument, Andrews attorneys asked why the front-desk staff was not more critical about someone asking for a specific room, especially one next door to Andrews, according to Christian Stegmaier, a shareholder at Collins & Lacy. Stegmaier followed the case but was not directly involved in it.
That argument might presume too much about Andrews’ fame at the time, he said, as the front-desk associate may not have put two and two together.

“The takeaway from all of that is when you have a prospective guest making very specific requests, like about specific rooms, you need to be critical (of it),” he said.

Asking some gentle questions might allow the associate to learn a little more about the person making the request and why that specific room is so important to them, Stegmaier said.

“From a management perspective, you need to empower your associates to use that kind of critical thinking,” he said. “You want to encourage that.”

That is doubly important when the front-desk staff is aware of any celebrities or dignitaries staying in the hotel, Samuels said. Any requests for a specific room adjacent to such guests should send up a “big, red flag,” he said.

For more: http://bit.ly/1VcP6UN

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Filed under Crime, Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Liability, Management And Ownership, Privacy, Risk Management, Training

Insurance Helps Protect Against Data Breach Fallout

data

Joshua Gold of Anderson Kill speaks about the different types of insurance coverage to protect against data breaches at the Hospitality Law Conference. (Photo: Bryan Wroten)

The past year was a big year for data breaches in the hotel industry, and industry experts say there’s no sign of it stopping any time soon. That means hoteliers not only need to work on prevention, but they also need protection in case an attack does occur.

Panelists in the session “Nailing down responsive cyber coverage that responds to hospitality industry risks” at February’s Hospitality Law Conference told attendees that everything about the current digital age that makes it great, such as connectability and massive data storage, also makes it a risk.

Attempting to list all of the data breaches in the past 12 months would overwhelm the presentation screen, said Joshua Gold, a cyber-insurance attorney at Anderson Kill, and the problem continues to grow.

“It’s getting worse, not better,” he said.

Insuring for different scenarios
Darin McMullen, an attorney at Anderson Kill, said there are four overlapping causes of data breaches at a company:

  • Accidental internal, a common cause of breaches, occurs when an employee loses a device with company business data on it, and it might fall into someone else’s benign or malicious possession.
  • Accidental external breaches occur through third-party vendors or subcontractors who have access to a company’s system or network. While they’re not trying to compromise their client’s security, they may cause harm through their own negligence.
  • Intentional internal breaches happen when a disgruntled employee creates the breach. This can be a common problem in hospitality where turnover can be high. Employees don’t necessarily have to be high-level to access sensitive data.
  • Intentional external breaches are the more traditional hacking events caused by criminal organizations or hacker activists, or hacktivists.

“Some you have control over; some you have virtually no control over,” McMullen said, who added that hoteliers should review their insurance options to protect against different risk exposures.

Gold said he’s working on an insurance claim for a client who had a former employee introduce malicious code into the company’s system. The code fried every controller, he said, causing physical damage to real pieces of hardware. For a networking company, this was a huge loss.

“The insurance company is saying electronic commands can’t cause real property damage,” he said. “It is covered under the literal language, but they don’t want to set that precedent. We will have to sue them.”

When looking for different cyber-insurance policies, Gold said, it’s important to keep in mind all the potential scenarios as some have provisions that exclude what hoteliers might need and think would be included, such as the physical damage in his client’s case. He said hoteliers should work with a savvy broker who specializes in cyber-insurance packages. There are so many different primary forms out there, he said, which can change every three to four months based on what clients face.

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Filed under Guest Issues, Hotel Industry, Insurance, Management And Ownership, Risk Management, Technology, Theft

Enhancing Check-in and Loyalty with ID Verification Solutions

Loyalty

There’s no weariness quite like the fatigue and impatience that sets in at the end of a long day of travel. You’ve made it through security gauntlets, cramped seats, noisy kids, and traffic to arrive at your destination. What’s next, a long line of your fellow crabby travelers, or a quick trip straight to your comfy room and minibar? As an hotelier, you know which of these customer experiences translates into greater loyalty, advocacy, and revenue.

 

When it comes to business and personal travel, customer expectations have always been high; customers increasingly expect more convenience, personalization, and flexibility from hospitality brands. Online booking options, mobile technology, and social media reviews have made the market intensely competitive. Customer loyalty is a key driver for revenue growth and competitive advantage. In fact, a recent Forrester study commissioned by Sabre Hospitality found that a 1-point score increase on their Customer Experience Index provides $6.52 in annual incremental revenue per customer—a significant cumulative impact, especially for larger brands.

The same study found that two-thirds of leisure travelers and more than half of business travelers claim they are not loyal to any hotel brand. The study’s findings point to intelligent applications of technology and data as primary avenues for improving customer experience and loyalty, with an emphasis on integrated enterprise solutions. Feel-good experiences engender loyalty more surely than cost or convenience, and loyalty translates directly to good news for the bottom line. How can we begin to incorporate technology that leaves customers raving about their experience and returning for more the next time they travel?

One of the big pain points for customers—the dreaded check-in process—presents a huge opportunity for hotels that extends well past what happens at the front desk. Solutions for scanning and verifying IDs and passports, including mobile scanning and self-service kiosks, are transforming the check-in process and providing a key link between customers and data-driven, integrated hospitality platforms. With mobile scanning, check-in can begin anywhere (even remotely) and be completed in less time with fewer errors. Advanced scanning solutions quickly and accurately read all data off drivers’ licenses, passports, and other official identity cards, automatically populate data records and store a digital replica of the ID for regulatory and security purposes.

Once a guest’s ID data has been scanned into records, it can then be cross-checked with other databases (DMV, credit bureaus, etc.) to verify the customer’s identity. The data can also be connected with the hotel’s enterprise systems for security, billing, and customer service management, as well as personalization and loyalty programs. The ability to quickly and accurately gather this data at the point of entry eases and enriches all the subsequent processes and interactions that rely on such data. These days, customers expect that you have their information and will use it to provide them with a more polished and personal experience. The information scanned at check-in can also be used for seamless sign-up to loyalty programs. Hotels and casinos have found that insights and information gleaned from this data allow them to tailor rewards to guests’ preferences and analyze guest spending patterns in response to various promotions.

A recent Software Advice study of hotel guest preferences found that 60 percent of respondents would be more likely to choose a hotel that allows check-in and keyless entry via smartphone, and 37 percent are more likely to choose a hotel with lobby technology such as self-service kiosks. This follows the general preference of Millennials for automated customer service options. It’s also reassuringly good news for hotels striving to deliver better customer service while controlling staffing costs. Front desk agents can spend more time on personal greetings, solving exceptions, and addressing complaints when they are freed from manual data entry tasks. A serene, smoothly run lobby makes for a more welcoming space than one crammed with guests waiting to check-in.

For more: http://bit.ly/1QcmxGI

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Filed under Crime, Guest Issues, Hotel Industry, Management And Ownership, Risk Management, Theft, Training

The 2016 Hospitality Law Conference

hospitality

Intensive Hospitality Education. Exceptional Networking. It’s Not Just for Lawyers.

From development deals to management agreements, from food and beverage liability to labor and employment, and from claims management to anti-trust issues, the latest cases, trends and challenges in compliance, finance, law, risk, safety, and security are up for exploration at the 14th Annual Hospitality Law Conference, February 22-24, 2016.

The Owner Management Summit, co-located with The Hospitality Law Conference – 2016, intersects legal, finance and technology and includes sessions on: who owns the data, who is responsible for the data, development and unwinding management contracts.

The Hospitality Insurance and Loss Prevention Summit, co-located with the Hospitality Law Conference, includes sessions on risk management, the top claims in 2015, and coverages for cyber & data breaches.

Hotel and Restaurant Corporate Counsel have several opportunities to meet with their peers in facilitated conversations to explore common challenges, solutions and law department management.

Also featured during The Hospitality Law Conference – 2016, are break-out sessions and roundtables in Food & Beverage, Lodging, and Human Resources & Labor Relations.

Join Petra Risk Solutions’ very own Todd Seiders for, “Discussion of Most Frequent Claims and How to Prevent Them”

 

Todd Seiders - Petra Risk SolutionsSlips, falls, breaks, disruptions.  If you are involved in the hospitality industry, you face very real threats to your financial well-being and your reputation.  A security breach at your property, a slip by a patron, a defect in construction, or a natural disaster are examples of problems that could and should be addressed by your risk management program and your insurance.  In this session, Todd Seiders, Director of Loss Control at Petra Risk Solutions, and Allen Wolff, Insurance Recovery Attorney with Anderson Kill, will identify and analyze some of the most frequent claims that arise in hospitality industry and will offer analysis and insight for managing the risk of such claims, mitigating the losses caused by them, and obtaining insurance coverage for them.

Click here for more infomation on: TODD SEIDERS
And for more info on the conference: http://bit.ly/1KfrDiI

 

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Embassy Suites Let Attacker Into Woman’s Room

Embassy

A New Jersey woman who was sexually assaulted while staying at the Embassy Suites in downtown Des Moines has filed a lawsuit claiming staff members unwittingly let her attacker into her seventh-floor room.

Cheri Marchionda is suing both Embassy Suites and Hilton Worldwide, as well as Atrium Finance III, the company that owns the Des Moines hotel.

She was staying at the East Village hotel during a business trip when she awoke sometime after midnight on April 11, 2014, to find Christopher Edward LaPointe standing at the foot of her bed and touching her leg.

LaPointe, 31, a New York resident also staying at the hotel, is now serving a 20-year prison sentence at the Iowa Medical and Classification Center after pleading guilty to burglary and sexual abuse charges in December 2014.

In a federal lawsuit on track to go to trial in Des Moines, lawyers from a Pennsylvania firm representing Marchionda wrote that a manager, a desk clerk and a maintenance man all helped LaPointe get into the woman’s room without asking Marchionda whether he had permission to be there.

Though the Des Moines Register does not typically identify sexual assault victims in criminal cases, it does publish plaintiffs’ names in reporting on civil lawsuits. Reached by phone Wednesday, Marchionda’s lawyers said she did not currently want to speak publicly about the case.

“Each defendant owed a special duty of care to her, including a duty to provide for and assure her safety and security while at the hotel,” attorneys Paul Brandes and Michael Hanamirian wrote in the lawsuit. “To not expose her to burglary, assaults or attacks by others … and to not assist others in burglarizing, assaulting or attacking her.”

The negligence lawsuit was filed in a New Jersey federal court district in June, but was moved Tuesday to Iowa after lawyers couldn’t agree on a settlement during nonbinding mediation earlier in December. None of the defendants have filed an answer in court to the lawsuit, though a motion to dismiss over jurisdictional issues was denied by a judge.

The general manager at the Des Moines hotel did not immediately return a reporter’s phone call this week. Maggie Giddens, a public relations director for the hotel chain, said the company could not publicly comment because of the ongoing litigation.

The claims in Marchionda’s lawsuit are similar to those from another that Los Angeles attorney Gloria Allred filed against Embassy Suites and its parent company, Hilton Worldwide, on behalf of a woman who was sexually assaulted while staying at one of their hotels in North Charleston, S.C.

For more: http://dmreg.co/1njFwCb

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Booking Scams: Helping Guests Helps Hoteliers

Scams

Although online booking scams are a problem that should be resolved by the hotel industry as a whole, they also can cause headaches for individual front-desk employees at properties.

 

According to research from the American Hotel & Lodging Association, 15 million deceptive bookings were made in 2015 at a cost of roughly $1.3 billion.

So what should you do when prospective guests walk through your front door believing they’ve booked and paid for a stay only to find out they’ve been scammed? Sources said the answer to that question can be a difficult one, but it requires a delicate balance of education, compassion and long-term thinking.

Maryam Khan Cope, VP of government affairs for AH&LA, said one way these rogue websites operate is by taking photos from a hotel’s website and claiming to offer bookings to that particular property.

“We’re seeing this spike (in booking scams) and hearing from hotels that they essentially had their identities replicated on these scam sites,” Cope said.

Accommodating a scammed guest

Even though hoteliers did nothing wrong to cause a would-be guest walking onto their property with a sham booking, there is a lot on the line depending on how the situation is handled.

Roger Bloss, CEO of Vantage Hospitality Group, said his directive to owner-operators of his company’s brands is to honor stays of “a night or two” and charge it to the corporate office.

“We’ve got to think about the people booking in the economy lodging segment,” Bloss said. “(Scam bookings) can be a dramatic hardship on them. As hoteliers, we don’t want to see that happen. So, we’ve instructed our hotels to be hospitable.”

Bloss said covering stays for scammed customers benefits the company in terms of reputation management. Even though the hotel isn’t the source of the scam, leaving a would-be guest out in the cold can lead to a negative association with brands and possibly negative reviews and backlash online.

“At the end of the day, it always comes back to the brand, the property and the company,” Bloss said. “I don’t want to put our members in the position that they have to make a financial decision that affects the brand as a whole. In the days of social media, it’s a lot less expensive to keep a customer than attract new ones.”

Bloss said he sees this as a common sense approach.

“You have to think about all the money spent to attract guests to hotels,” Bloss said. “Would you destroy all that over a couple hundred bucks?”

Cope said AH&LA suggests taking a similar tact to what Bloss described.

“We suggest, because they’re in the business of guest service, that they do whatever they can to accommodate,” she said. “That might mean identifying an alternative at your hotel in your area.”

Cope said GMs try to “bend over backwards” to help scammed guests, but sometimes they’re caught in situations where no solution presents itself, such as if no rooms are available. But hoteliers should keep in mind that all efforts to help a scammed guest are positive.

“They should offer any additional support they can provide the guest especially because negative experiences often reflect on the hotel,” Cope said.

Chris Harvey, GM of the Crowne Plaza Charleston Airport & Convention Center, said he has been lucky enough to not encounter scammed guests at his hotel, but if it were to occur he’d instruct staff to offer a room at a reduced rate.

“You have to make sure you’re doing something for them and help them to keep the situation from getting worse,” Harvey said.

For more: http://bit.ly/1NbJKAJ

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9 Social Media Tips For 2016

Social Media

Hotel marketers have never seen such rapid and overwhelming change like the one happening in social media. However, there are ways to approach the social media universe that will help maintain perspective in the face of all that change.

Several sources provided nine social media tips for 2016 to help marketers maintain perspective.

1. Keep up with what’s new

Social media innovations catch on with incredible speed. For instance, Periscope and Meerkat, both video streaming apps launched in 2015, are already players in travel marketing. The apps allow users to send video to friends or followers instantly.

“There are constantly new platforms emerging and it’s important to us to stay on top of it,” said Dan Moriarty, director of digital strategy and activation for Hyatt Hotels Corporation.

2. Stay up to date on existing platforms

The big guys are not resting on their laurels. For example, Moriarty said, “Twitter removing direct messaging character limitations really opens up the depth of conversation hotels can have with guests on that platform and enables better connections.

“Also, Instagram has made it easier to tag a location when a picture was taken there, and now allows users to search by location rather than just hashtag. This is huge for travel.”

“Facebook is leading the pack everywhere,” said Benji Greenberg, CEO of BCV, which manages social media for hotels. “They are introducing something new every two weeks. They recently launched Facebook Messenger for business, which is important because companies will be able to embed Messenger in their websites instead of using live chat. Now a customer can walk away from the computer without the usual live chat waiting and maintain the communication on another device.”

3. Practice targeting

All the social platforms have upped their capabilities around targeting, said Lucy Kemmitz, lead of social media for the Hilton Hotels & Resorts and Curio brands from Hilton Worldwide Holdings.

“Instagram now offers the same extensive and highly accurate targeting parameters as Facebook,” Kemmitz said, “and allows for campaigns that run on both platforms for coordinated campaigns using both platforms at a more affordable price point than previously. As evidence of the effectiveness of the targeting available on Instagram, we see click-through rates of nearly 2.5% on ads for Curio.”

Kemmitz said Twitter launched event-based targeting, which allows marketers to target people interested in area events. She said beta advertisers saw up to a 110% increase in engagement when using this type of targeting on the platform.

Jeremy Jauncey, founder of Beautiful Destinations, which advises brands on Instagram, said paid advertising on Instagram is “the most important change to the platform in its history.”

“Now not only can a hotel tell its story through imagery, targeted ad technology enables brands to drive: clicks to websites, views of videos, mobile app downloads and massive amounts of impressions,” Jauncey said. “Hotels like the Bellagio and Starwood properties such as W and Aloft have already spent money on these types of ads.

For more: http://bit.ly/1Z2BsYe

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What You Should Know Before Monitoring Your Employees and Guests

Employees

Employees can make or break businesses in the service industry. While customer service oriented employees create a luxurious experience at a lesser establishment, employees that don’t prioritize customer service can ruin a guest’s experience even at the most finely-appointed hotel.

However, managers and supervisors cannot always be present to recognize and reward desirable service practices, nor can they always be present identify and correct poor practices. With so many points of customer and employee interaction, surveillance is one of the most effective methods to safeguard employee safety and integrity, review employee performance, identify training points, and document “HR issues.” Of course, too much of a good thing can be a problem.

Employers must understand the difference between valid surveillance and illegal intrusions on privacy rights before taking advantage of video/audio recordings. This article aims to help employers stay on the right side of that fence.

1. What is a “Reasonable Expectation of Privacy”?

The law regarding privacy in the workplace was most recently defined by the California Supreme Court case in Hernandez v. Hillsides, Inc. The rule is subjective, yet straightforward—employers must not engage in any activities that would violate an employee’s “reasonable expectation of privacy.” This helps determine the degree to which a person can reasonably expect to be left unmonitored, but the problem is that it is a nebulous standard that relies on “widely accepted community norms.”

There are some obvious places an employee or guest will reasonably expect privacy, for example, in a bathroom stall. However, courts will look at several considerations to determine the reasonableness of an individual’s expectation of privacy, such as the customs, practices, and physical settings of the workplace. Other considerations include where the surveillance equipment will be placed, when it will be active, and who will have access to recorded data.

The time and place of activities is another important factor. This includes an inquiry into the physical layout of the area being monitored, whether the area is restricted access, limited from view, or reserved for performing bodily functions and other personal acts. On the other hand, if an area is open and accessible to coworkers or the general public, or work is performed in the area, employees are unlikely to have a reasonable expectation of privacy.

Courts will also consider who has access to any recordings or videos to determine the severity of an alleged invasion of privacy. In fact, even if an employer collects monitoring information legitimately, an employer may be subject to liability if the information can be accessed by the wrong people. A non-managerial employee should not have access to a recording of his or her co-worker. If the purpose is to monitor customer service performance, only managerial employees should have access. For this reason, employers’ must carefully control who has access to any monitoring data.

For more: http://bit.ly/1Nc7CLd

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Filed under Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Management And Ownership, Risk Management, Technology