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Anthony G.
Mangano, CHA K. William Gunther,
CHA Michael Hoffman Cynthia D. Hollowood,
CHA NYSH&TA Staff Executive
Office: Jan Marie Chesterton,
IOM Nancy S. Sykes
Julie A. Goodfriend
Tracy Detrick
Dave Walkowiak Pat Hedden
Darcy Lyle Tina M. Bissaillon Communications: John Peters
Trish Bergan
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Click for details
NYSH&TA
Talks Regulations with
Daniel C. Murphy With less than two weeks left before the start of the 92nd International Hotel/Motel & Restaurant Show (IH/M&RS), New York City, I feel that it is appropriate to remind the full membership of the rewards and benefits this event provides. This year's Show boasts the largest number of exhibitors and advanced registrants since 1999, and it is shaping up to be one of the most diverse Trade Shows in years. The Return on Investment of your time starts with the Leadership Forum where you will learn to hone your management skills. You will also experience the newest industry products and services available on the Trade Show floor. As an added bonus, NYSH&TA members get a "complimentary" pass for this event. Due to the recent volume of calls to our office inquiring about the Hotel Show, I know many of our members have already taken advantage of this benefit. However, if you have not secured your free registration yet, the following details make it easy:
Important Meetings with the Division of Labor Standards NYSH&TA Vice President Jan Marie Chesterton and I recently had a meeting with the Division of Labor Standards (DOL)-Terri Gerstein, Deputy Commissioner, and Carmine Roberto, Director of the Division of Labor Standards. The meeting, per their request, focused on labor regulations pertaining to the lodging industry. DOL is attempting to clarify regulations on several issues, including the definition of service charge vs. gratuity, employee uniforms and spread-of-hour regulations. We are especially concerned, given the nature of the discussions, that DOL wants to adopt new regulations that would limit management's ability to control and distribute service charges placed on banquet bills (there is only 1 definition in the labor regulations that has to do with gratuity only). In the next few weeks, NYSH&TA, the Restaurant Association of New York State and our respective legal counsels, will have an in-depth meeting to develop a strategy to oppose any restrictions limiting management's ability to control service charges. In the meantime, I would encourage you to comply with all current DOL regulations and interpretations pertaining to service charges. DOL is concerned with the public perception that service charge and gratuity are interchangeable and that the consumer assumes that service charge, like gratuity, go 100% to the server. Therefore, it is important for you to clearly spell out, on banquet menus and contracts, the approximate percentage that is distributed to the server, other catering personnel and management. We will keep you, our members, apprised of important developments and will call on the full membership if additional efforts are required.
Daniel C. Murphy, NYSH&TA President
Are Your Credit Card Practices Compliant with the Law? Banks Brown serves as the General Counsel for the American Hotel & Lodging Association, the Hotel Association of New York City, Inc. and the Travel Business Roundtable. He regularly writes for Lodging Law, a publication of the American Hotel & Lodging Association.
Banks Brown, Esq Every hour of every day (we hope) you have a guest calling to reserve a room and using his or her credit card to confirm the reservation or (even better) showing up at your establishment and presenting a credit card to pay for the room he or she is about to occupy and the services he or she is about to use. There are some very obscure rules surrounding credit cards, and there are, as well, some best practices that you should think of employing. Below, we discuss some of them. 1.Only the last five digits. Okay. Listen up because this is really quite important. On December 4, 2003 Congress passed the Fair and Accurate Transaction Act ("FACTA"). It amended the Fair Credit Reporting Act, 15 U.S.C. § 1681, by, among other things, adding a section 1681(c). Under that section is a requirement that when you electronically print a credit or debit card receipt, that receipt can show no more than five (5) digits of the card number. New
Blood Donations Law The New York State Labor Law was amended to require employers to grant employees three hours of time off from work for employees who choose to donate blood. "Employer" is defined as a person or entity that:
"Employee" is defined as person who:
The law requires three hours for leave
of absence in any twelve month period to any employee who chooses to donate blood.
The employer may not retaliate against an employee for requesting or obtaining a leave of absence under this law.
Update on No-Match Regulations By Michael J. Venditto You have probably heard about the new federal "no-match" regulations, which are designed to help the government identify illegal immigrants and undocumented workers. Fortunately, a lawsuit filed by several labor unions will temporarily prevent the government from imposing these new obligations on employers. On October 10, 2007, a federal judge in San Francisco signed an order that temporarily prevents the government from enforcing these regulations, which took effect on September 15, 2007. The government had planned to mail letters to 140,000 employers asking them to verify the Social Security numbers of approximately 8 million employees. The judge found that these employers would have incurred "significant expense" trying to comply with the regulations. Albany
Innkeeper Becomes
Steve Stofelano, Owner of the Mansion Hill Inn & Restaurant in Albany, and former NYSH&TA Board of Directors member, has been named the new BOCES Instructor for the Lodging Management Program at the Capital Region BOCES Career and Technical School. The Program, facilitated statewide by the New York State Hospitality & Tourism Association, promotes growing career opportunities in the hospitality industry, and gives students the chance to explore real-life career opportunities and gain the knowledge and skills necessary to successfully work in the hospitality and tourism industry. “After 20-plus years in the hospitality and tourism business, and being active with the Albany County Convention & Visitors Bureau and the New York State Hospitality & Tourism Association, this seems like it’s a natural fit to be in the classroom,” said Stofelano. The Albany Marriott is working with the Capital Region BOCES Career and Technical School to provide on-site training for high school students enrolled in the Lodging Management Program. “The students work through every discipline at the hotel,” said Todd Reichelt, general manager of the Albany Marriott. “The Lodging Management Program gives them an opportunity to see what areas really intrigue them.” 
Todd Reichelt, General Manager of the Albany Marriott,
Stofelano will teach three days a week in the classroom at Capital Region BOCES, two sessions a day (two-and-a-half hours each session). In addition, he will be at the Albany Marriott two days a week assisting students with their internships in different departments. “The Albany Marriott has made a tremendous commitment to the future,” said Stofelano. “Ultimately, they’re doing a service to the whole industry by putting these kids through an intensive 25 week program.”
Legislative Receptions Bring Legislators & Tourism Industry Together NYSH&TA hosted the Long Island Legislative Reception, Wednesday, October 3, and the Buffalo Reception on Friday, October 26. The Receptions bring legislators together with hospitality and tourism professionals to discuss issues that directly impact the industry. The legislative issues discussed during he Long Island reception included: State-funded tourism marketing recognizing Long Island and Requesting assistance by State Legislature to ensure the Department of Labor fulfills its obligations to review and process visa applications (H-2A and H-2B) in a timely and responsible manner by appropriately allocating resources. Long Island legislators that attended the reception included Steven Englebright, Chairman of the Assembly Tourism, Arts & Sports Development Committee (District 4, Suffolk County),Assembly members Philip Boyle (District 8, Suffolk County), Ginny Fields (District 5, Suffolk County), and Rob Walker (District 15, Nassau County). During the Buffalo Reception attendees focused on, among other things, the Dedication of Erie County’s Hotel Occupancy Tax to the Buffalo Niagara Convention & Visitors Bureau and the Western New York Travel Initiative. Buffalo legislators who attended the reception included Senators Mary Lou Rath, Chair of the Senate Tourism Committee, (District 61, Erie and Genesee County), William Stachowski (District 58, Erie County), and Dale Volker (District 59, Erie, Livingston, Ontario, and Wyoming County) and Assembly members Mike Cole (District 142, Erie and Niagara County), Stephen Hawley (District 139, Genesse, Monroe, Orleans, and Niagara County), Sam Hoyt (District 144, Erie County), Crystal Peoples (District 141, Erie County), Jack Quinn (District 146, Erie County), Robin Schimminger (District 140, Erie and Niagara County) and Mark Schroeder (District 145, Erie County).
 Long
Island Tourism professionals and Legislators gathered to discuss
Senator Mary Lou Rath, Chairman of the Senate Tourism Committee, speaking, addresses attendees during the Buffalo Reception. More than 130 tourism industry professionals attended the event.
NYSH&TA Staff Helps Habitat for Humanity
The NYSH&TA staff helped build a home in downtown Albany in early October. The future homeowner is pictured in front. NYSH&TA staff spent a day working with Habitat for Humanity in Albany to help build a house for a local family. Throughout the day, members of the staff painted, shoveled and landscaped. The house is scheduled to be completed by the end of the year.
New
Automated External Who is affected Those who voluntarily purchase, possess, and operate an Automated External Defibrillator (AED), pursuant to a collaborative agreement with an emergency health care provider. The buildings that are required to carry AEDs are:
The last two apply specifically to NYSH&TA members. Places
of public assembly are defined in the statute as places that have the capacity
of at least 1000 people and shall include:
Places
of public assembly shall not include:
The statute requires health clubs that have a paid membership of 500 persons or more comply with the AED requirements. The membership's specific purpose for paying is to join the health club and only when this membership is 500 persons or more does the AED requirement become effective. NEW LEGISLATION - Effective Date: November 15, 2007 Additional Requirement
Existing Law Requirements for the hotel:
If
you have any questions about this legislation contact NYSH&TA
offices at 800-642-5313.
To view monthly, year-to-date, lodging operating performance data by Smith Travel Research, click the link below: NYSH&TA offers its membership programs that can save your business money. To view all of the programs, and details on how each one can benefit your bottom line, click here.
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