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Hospitality Conversations™
Today's Most Pressing Legal Issues for Hotel Owners and Managers!


by Dr. John Hogan, CHE, CHA, MHS
January 30, 2012

When one reads general business and industry publications, it sometimes appears that social media has grabbed the attention of many writers as the current trend and the topic needing additional coverage and insights.  While it is very clear that social media has become a major force, the discussion groups in many LinkedIn hospitality groups include questions and answers on many additional topics.  These include operations, hiring, training, development, customer service, technology and other areas.
 
Learning never exhausts the mind
 Leonardo da Vinci 

Keeping that in mind, our first 2012 Hospitality Conversations™ was with Dr. William Frye, CHE of Niagara University, who has enhanced his professional knowledge by his active involvement in faculty internships with both Marriott and Hyatt Hotels.  Dr. Frye offered a diverse number of topics that he believes face hospitality business professionals today.
 
For our next   Hospitality Conversations™, I contacted another well-known professional who is a frequent guest speaker at professional, legal and writing associations.

Karen Morris is a Judge, Lawyer, Professor and Author. http://judgekaren.com/.1  She also someone who "walks the talk":
  • Columnist at Hotel and Motel Management Magazine, "Legally Speaking" since 2007 (which followed the 20+ year "At Your Risk" series from the late Dr. Tony Marshall)
  • Blogger for Cengage Publishing Company
  • Author of the textbook, Hotel, Restaurant and Travel Law
  • Professor with Monroe Community College since 1980 and was the 1st community college professor in the state university system to receive the designation of Distinguished Professor (2006)
  • Published in 2011 Law Made Fun through Harry Potter's Adventures.
She has also been elected by town residents six times, serving more than 17 years as Brighton Town Justice, is the author of numerous precedent-setting decisions, the Administrative Judge for Brighton Town Court and has Adjudicated 75,000 cases.

I asked Lawyer Morris two questions:

1.  What would you say have been the biggest changes in hospitality law affecting hotel owners in the past 5 years?

2.  What would you opine are the two biggest issues hotel managers face in the coming year?

Her responses were focused and to the point.

"The biggest issue hotel managers face in the coming year vis-à-vis the law is compliance with the myriad applicable statutes, rules and duties owed. 

A hotel faces potential legal consequences for all of the following: 
  • negligence in the maintenance of its premises
  • failure to comply with the Fair Labor Standards Act (minimum pay, overtime pay, equal pay, child labor)
  • discrimination against employees based on minority status
  • denial of services to guests perceived as illegal discrimination
  • contending with internet reviews, disagreements with a franchisor
  • overstepping bounds with unions
  • misapplying tip pools
  • eradicating bed bugs and other pests
  • dram shop violations
  • food issues
  • security concerns
  • insufficient insurance
  • trademark and copyright violations
  • securing and maintaining necessary business licenses
  • tax obligations
  • sanitation issues in spas
  • contract disagreements with suppliers
  • guests' rights to privacy
  • SEC mandates
  • Managing employees to ensure compliance with all of the above, and much more. 
Missteps in any one of these areas can result in liability.  Clearly hotel management is not for the faint of heart."


About Karen Morris
Professor Morris is the Author of Legal textbooks and, instructional software including Criminal Law in New York (co-authored) - a treatise for lawyers , New York Cases in Business Law - College Textbook , Hotel, Restaurant, and Travel Law - College Textbook.

She has taught both online and in person courses in Penal Law, Criminal Procedure, Constitutional Law, Business Law, Legal Environment of Business and Hotel and Restaurant Law.

She has a number of professional recognitions including SUNY Chancellor's Award for Excellence in Teaching,   and MCC Excellence in Teaching Award, and served as Past President - Faculty Senate, Past President - Northeast Academy of Legal Studies in Business and as a Former Member - Governing Council Faculty Association.

She has served as past Faculty Advisor to a number of campus groups and in the Monroe County Legislature.



Hospitality Tip of the Week:

Focus on the Need to Keep Learning

“Anyone who stops learning is old, whether this happens at twenty or eighty.  Anyone who keeps on learning not only remains young, but becomes constantly more valuable regardless of physical capacity.”

Harvey Ullman


KEYS TO SUCCESS is the inclusive title for my new 2012 workshops and keynote programs, hospitality services, columns and a new series of online training options. 2012 year's writings will expand to a series of topics for hotel owners, managers and professionals including:
  • HOSPITALITY CONVERSATIONS
  • Lessons from the Field
  • The P-A-R Principle ™
  • Hotel Common Sense and
  • Principles for Success


Feel free to share an idea for a column at [email protected]   anytime or contact me regarding consulting, customized workshops, speaking engagements … And remember – we all need a regular dose of common sense.



John Hogan is a successful hospitality executive, educator, author and consultant and is a frequent keynote speaker and seminar leader at many hospitality industry events. He is Co-Founder of www.HospitalityEducators.com , which delivers focused and affordable counsel in solving specific challenges facing hospitality today.

Consulting Expertise and Research Interest

1.    Turn-around and revenue management
2.    Professional Development for the Organization and the Individual
3.    Customer Service
4.    Making Cultural Diversity Real
5.    Developing Academic Hospitality programs
6.    Medical Lodging Consulting
7.    Sales Management and training

If you need assistance in any of these areas or simply an independent review or opinion on a hospitality challenge, contact me directly for a prompt response and very personalized attention.

www.HospitalityEducators.com  is a membership site offering a wide range of information, forms, best practices and ideas designed to help individual hoteliers and hospitality businesses improve their market penetration, deliver service excellence and increase their profitability.

www.HoganHospitality.com
Your Hospitality Resource for the Hotel Owner, Innkeeper, Manager and Hospitality Industry Associations.

All rights reserved by John Hogan and this column may be included in an upcoming book on hotel management.  
 Dr. John J Hogan, CHE, CHA, CMHS,  602-799-5375  [email protected]  


Contact:

John Hogan, CHE CHA CMHS    
United States - Phoenix, Phone: 602-799-5375
www.hoganhospitality.com
 [email protected]

http://www.linkedin.com/in/drjohnhoganchache



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Also See: What are Today's Most Pressing Issues for Hospitality Business Owners and Managers? / Dr. John Hogan / January 2012

How do you spell SUCCESS? / Dr. John Hogan / December 2011

Year end 2011 -- Birth of a New Tradition - Rethinking Small Business Saturday / Dr. John Hogan / December 2011

Seasonal Safety and Security Reminders / Dr. John Hogan / December 2011

KEYS TO SUCCESS™ Revenue Management Should Mean Planning and Action at Every Type and Size Hotel (Part 2 of 2); A Plan for All Seasons / Dr. John Hogan / November 2011

KEYS TO SUCCESS™ - A Plan for All Seasons Revenue Management Should Mean Planning and Action at Every Type and Size Hotel - Part 1 of 2 / Dr. John Hogan / November 2011

A Baker's Dozen of Reality Checks in Hospitality - Myth or Fact? / Dr. John Hogan / September 2011

Remember and Reflect - A Tribute; American Lives: The Stories Of The Men And Women Lost On September 11 / Dr. John Hogan / September 2011

International Exposure Expands the Potential of Success in Hospitality Businesses and Academics / Dr. John Hogan / August 2011

Keys To Success - Answers and Practical Solutions from Readers on The Value of Hoteliers Helping Hoteliers / Dr. John Hogan / August 2011

Keys To Success™ - The Value of Hoteliers Helping Hoteliers / Dr. John Hogan / July 2011

Recommended Reading From HospitalityEducators.Com; Swim with the Sharks: Without Being Eaten Alive; Outsell, Outmanage, Outmotivate and Outnegotiate Your Competition by Harvey MacKay / Dr. John Hogan / July 2011

Are you prepared to be a "Top Ten" Player in Your Hospitality Marketplace or are you going to continue to be one of the "other" statistics? / Dr. John Hogan / July 2011

Lessons from the Field: Lessons in Leadership / Dr. John Hogan / July 2011

Lessons from the Field: If I Only Knew Then.... / Dr. John Hogan / July 2011

Reflections / Dr. John Hogan / July 2011

Lessons from the Field™ A Training Exercise and Tips for Ways to Reduce Wasting Time in Hotels, Restaurants, Inns and Hospitality Businesses / Dr. John Hogan / June 2011

Tips for Small Hotels, Inns and Hospitality Businesses - A Baker's Dozen of Savings in the Office / Dr. John Hogan / June 2011

Look Who's 40! - A Most Unique Recommended Reading / Dr. John Hogan / June 2011

A Baker's Dozen of Formulas to Thrive (and not merely survive) in the Service and Hospitality Industry! / Dr. John Hogan / June 2011

Growing Talent Does Not Happen Without Focused Effort in Hospitality (Part 2 of Meeting the Need for Talent) / Dr. John Hogan / May 2011

A Quiz on Effective Hospitality Marketing in 2011: Understanding and Using Complementary Tools / Dr. John Hogan / May 2011

Hotel Common Sense™: Meeting the Need for Talent: A Baker's Dozen of Questions (Part 1 of 2 ) / Dr. John Hogan / May 2011

Hotel Common Sense™: Questions I Wish You Would Ask Me™: Karl Ruether CHA, CFBE, International Hotelier / Dr. John Hogan / April 2011

Hotel Common Sense™: Stronger Hiring Outlook Means Hospitality Employers Must Step Up Recruitment Efforts; The job markets are changing and candidates will soon have choices again. / Dr. John Hogan / April 2011

Hotel Common Sense™: Five Common Sense Steps to Stronger Public Relations / Dr. John Hogan / April 2011

A Smile from HospitalityEducators.com - April 14 - International Moment of Laughter Day / Dr. John Hogan / April 2011

Lessons From the Field™: Communications 101 – How to effectively use the telephone / Dr. John Hogan / March 2011

Principles of Success: Fine Tuning Your Hospitality Business Strategies for A Measurable Competitive Advantage - Part 2 / Dr. John Hogan / March 2011

Principles of Success: Fine tuning Your Hospitality Business Strategies for A Measurable Competitive Advantage - Part 1 / Dr. John Hogan / March 2011

Hotels Were More Interesting than Selling Insurance: An Unexpected Career; A Professional and Personal Tribute to Neil Salerno, CHME CHA / Dr. John Hogan and Howard Feiertag / March 2011

Principles of Success: Evaluate Your Hospitality Business Strategies to Create a Real and Measurable Competitive Advantage / Dr. John Hogan / March 2011

Sales Blitzes: A Look At the Benefits of Team Efforts / Dr. John Hogan / March 2011

Principles for Success: No Nonsense Benchmarking for Hotels and Hospitality Businesses / Dr. John Hogan / March 2011

Principles for Success: What we have here is a FAILURE to COMMUNICATE! / Dr. John Hogan / February 2011

Making This New Year's Hospitality Resolutions Last - Part 3; Real and Practical Action Steps #13-28 / Dr. John Hogan / February 2011

Making This New Year's Hospitality Resolutions: Real and Practical - Sales Action Steps #1-12 / Dr. John Hogan / January 2011

Making New Year's Hospitality Resolutions Real and Practical; A “Fresh Air- New Ideas” Perspective / Dr. John Hogan / January 2011

Keys to Success: Be Aware of and Work with the Law; Do Not be Afraid of it / Dr. John Hogan / December 2010

Keys to Success: Make Your Hotel More Profitable and Successful – 2011 is the critical time to invest in Your Talent and Your Team / Dr. John Hogan / December 2010

Keys to Success: A Common Sense Approach to Success in the Hospitality Industry; 13 Best Practices for Hospitality Training Managers & Directors / Dr. John Hogan / December 2010

Hospitality Conversations – Looking Ahead! / Dr. John Hogan / November 2010

Learning from The Greatest Business Leaders of the Twentieth Century / Dr. John Hogan / November 2010

Five Considerations in Hiring a Hospitality Consultant; Understanding the Qualifications for Effective Hospitality Consultants / Dr. John Hogan / November 2010

5 Reasons Using A Qualified Consultant Could Make a Huge Difference in Your Hospitality Business / Dr John Hogan / October 2010

Half Luck and Half Brains - Kemmons Wilson's 20 Steps for Success / Dr John Hogan / October 2010

Ten Quotes Addressing the Topic of SERVICE / Dr John Hogan / October 2010

Hospitality Conversations - Understanding the Developing Perspectives in Quality Assurance (Part 2 of 2) / Dr John Hogan / October 2010

Hospitality Conversations – Understanding the Developing Perspectives in Quality Assurance Part 1 of 2 / Dr John Hogan

Hospitality Conversations: Examining the Learning Options Available in the Hospitality Field / Dr John Hogan / July 2010
..
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