1. Have a paper trail: Get real time Employee Statements, Guest Statements, Pictures, Pest Control Report. 2. Pest Control Service: Should be Insured and Certified in Bed Bug Service. Should inspect and provide an Inspection Report of the room as bed bugs are reported. 3. Refunds: If you refund a guest, get a settlement/waiver of…
Continue reading…Franchise Negotiation
Be sure to negotiate these terms with Franchisor Application Fees Key Money Ramp Up Franchise Fees Area of Protection Termination Windows Liquidated Damages Property Improvement Plan Capital Investments
Continue reading…Current State of Hotel Reservations Website Lawsuits in California
Over the last few years, California hotels have faced a staggering amount of ADA website lawsuits. Plaintiffs are almost universally from ADA plaintiff firm “Potter Handy LLP dba Center for Disability Access” (“Potter Handy”). Potter Handy’s professional plaintiffs have filed hundreds of lawsuits, stating for one reason or another that a hotel’s website lacks accessible…
Continue reading…Paid Sick Leave Extended for COVID Positive Employees
Governor Newsom agrees to restore California paid sick leave: Employees will have access to 2 weeks paid time off when testing positive for COVID-19. The new leave program will be retroactive to January 1, 2022 and extended through September 30, 2022. The new program ONLY covers employers with 26 or more employees. Who can use…
Continue reading…New Insurance Brokerage – Hotel Owner Insurance Policies
DPA Attorneys at Law has partnered with Whiteboard to provide insurance specifically for hotel owners. Proper insurance will protect you from frivolous litigation. We are seeing a huge increase in litigation against hotels. It is important for business owners to be proactive. We can ensure your policy gives you a strong line of defense against:…
Continue reading…When Does a Hotel Guest Become a Tenant
A guest becomes a tenant if: The guest stays at the hotel for 30 days or more; and The guest has paid for all room charges owed by the 30th day. *** Courts have found guests to be tenants even when the 30-day stay is not consecutive. Checking out a guest for one day and then…
Continue reading…Big Win: Potter Handy ADA Website Case Dismissed
2021 has seen a dramatic increase in ADA hotel website lawsuits. These suits have cost the hospitality industry millions in legal fees. Depending on the judge and court, defense has yielded mixed results. However, DPA Attorneys at Law recently posted a big win. In the Northern District of California, DPA defended a hotel and the…
Continue reading…When interviewing an applicant, can we ask for vaccination status and/or proof of vaccination?
State the Policy to the Applicant: An easy way to address whether an applicant is vaccinated is to make a blanket statement in the hiring process that your company requires employees to be vaccinated as a condition of employment, subject to accommodation. – Sample language: “If you are hired, we will require you to prove…
Continue reading…Employment Law Update
This employment law update is directed at our hospitality clients that have resident managers. We have become aware that there are several California employee-side attorneys that are soliciting resident managers by direct mailing marketing materials to hospitality properties. Their purpose is recruiting new plaintiffs for lawsuits against hotel operators for violation of wage and hour…
Continue reading…Just Cause Reasons for Non-Covid Related Evictions
REMINDER TO LANDLORDS: Tenants throughout the State of California, cannot be evicted for nonpayment of rent related to COVID-19 at least until October 1, 2021, however a Tenant can be evicted for other “Just Cause” reasons. Any of the following At-fault Just Causes can be utilized by a Landlord to evict a Tenant: • Default…
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