hotellaw.jmbm.comHotel Law Blog — Published by Hotel Lawyer Jim Butler & the Hotel Law Attorneys of the Global Hospit

Hotel Law Blog — Published by Hotel Lawyer Jim Butler & the Hotel Law Attorneys of the Global Hospitality Group® Hotel Law Blog Published By Global Hospitality Group® Navigation Home Hotel Law Blog 酒店法律博客 Hotel Law BlogResource Center Meet the Money® Contact Us About Jim Butler Hotel Law Blog Subscribe By RSS Latest Blog Posts Navigating Non-Competes May 13, 2024 California bans Junk Fees as of July 1, 2024. Good bye to junk fees, resort fees, mandatory service charges, and drip pricing. Hello to – the fruits of SB 478. May 10, 2024 Meet the Money® 2024 – latest presentations now available at HotelLawyer.com May 9, 2024 Meet the Money unveils The LIIC Top 10” for 2024 May 8, 2024 Data Privacy Lawyer Alert: The American Privacy Rights Act – What Does it Mean for Hotel Companies? May 3, 2024 Only 2 Days Left to Register – Don’t Miss Meet the Money 2024! April 29, 2024 FTC Announces Rule Banning Non-Competes April 24, 2024 Meet the Money 2024 Program Launched! March 31, 2024 Hotel Dispute Lawyer: Why Judicial Reference is better than Arbitration for resolving Hotel Management Agreements & Hotel Franchise Agreements. Advanced Analysis of Judicial Reference features. March 1, 2024 Hotel Dispute Lawyer: Is Judicial Reference better than Arbitration to resolve hotel contract disputes? The basics of Judicial Reference. February 26, 2024 Top Blog Posts 1. The ADA Compliance and Defense Guide — free download 2. Hotel Lawyer on HMAs: The shrinking terms of hotel management agreements” 3. Hotel Financing 2015: JMBM’s preferred” EB-5 construction financing program for top developers and projects 4. The new breed” of condominium hotels — Key to financing new hotel development? Selling condo hotels as securities” under new SEC Rule 506(c) . . 5. Los Angeles is the new magnet for real estate investment 6. FAQs on service animal” requirements of the ADA. What every hotelier needs to know. Why Uber was sued over service animals. 7. Why this may be the time to buy or sell a hotel management company 8. Hotel development & EB-5 financing: Why you don’t want to form your own regional center 9. Hotel Liability for Guest Information — What you need to know and how to avoid liability. 10. Hotel Franchise Lawyer: 8 things to negotiate in your next franchise agreement 11. Hotel Lawyer: The 5 questions every owner should ask before selecting a hotel brand 12. Hotel Franchise Lawyer: Hotel Franchise Agreements and the 5 biggest mistakes a hotel owner can make 13. Hotel Lawyer with insights on "How to get a great hotel operator" 14. The importance of Comfort Letters in financing franchised hotels 15. Hotel Lawyer: Something everyone buying or building a golf course should know . . . Hotel Law Topics ADA Compliance and Defense Ask the Hotel Lawyer™ Buying and Selling a Hotel C-PACE Financing Chinese Investment Condo Hotels Coronavirus Data Technology, Privacy & Security Disasters EB-5 Financing Force Majeure Green Hotels Hospitality Dispute Resolution Hotel Development Hotel Finance − Hotel Debt & Hotel Equity Hotel Franchise & License Agreements Hotel Management Agreements Hotel Mixed-Use How to Terminate Hotel Management Agreements Innkeepers Law International Hotel Investment Labor & Employment Land Use & Entitlements Lifestyle Hotels Meet the Money® Outlook and Trends Resort Fee Litigation Restaurants Timeshare Workouts, Bankruptcies & Receiverships Search Blog Search for: Featured Articles Featured Articles Hotel Lawyersfeatured subjects and articles Meet the Money® 2014 ADA defense and compliance EB-5 financing Workouts, bankruptcies & receiverships Hotel Management Agreements Hotel Franchise & License Agreements Hotel industry trends This is Jim Butler , author of www.HotelLawBlog.com and hotel lawyer. Please contact me at Jim Butler at jbutler@jmbm.com or 310.201.3526 . Published on: May 13, 2024 Navigating Non-Competes By Jim Butler and the Global Hospitality Group® 13 May 2024 See how JMBM’s Global Hospitality Group® can help you. In the article below, Partner Michael H. Strub, Jr., analyzes the complexities surrounding non-compete agreements and the FTC’s recent decision to ban them. With the enforceability of the FTC’s rule facing legal scrutiny, he discusses the likelihood of a cohesive federal approach and its implications for employers nationwide. Navigating Non-Competes by Michael H. Strub, Jr., JMBM’s Litigation Group The Federal Trade Commission’s rule that would ban non-competition faced legal challenges from the day it was issued. What are the obstacles the rule faces, and what is the likelihood that some form of federal rule will be created? Before analyzing these questions, it should be noted that state laws on the enforceability of non-competes are, literally, all over the map. In his article, Fifty Ways to Leave Your Employer: Relative Enforcement of Covenants Not to Compete , 13 U. Pa. J. Bus. L., 751, 786 (2011), Norman Bishara ranked the states from 1 to 50 based on their willingness to enforce non-competes and had a separate ranking for each one. Based on his analysis, Florida is the state that has been the friendliest for enforcement, while California is the most hostile. As Robert McAvoy notes in his article, How Can Federal Actors Compete on Noncompetes? , 126 Dick. L. Rev. 651 (2022), this panoply of laws is complicated by the employer’s efforts to use choice of law provisions to select the law of a friendly state even if the employee is employed in a state where non-competition clauses are invalid. In Stone Surgical, LLC v. Stryker Corp. , 858 F.3d 383, 391 (6th Cir. 2017), for example, the court enforced a non-competition clause under Michigan law against a terminated employee even though the employee worked exclusively in Louisiana, whose law would have prohibited the agreement. CONTINUE READING → By Jim Butler and the Global Hospitality Group® Posted in: Outlook and Trends Published on: May 13, 2024 Updated: May 13, 2024 2:05 pm Published on: May 10, 2024 California bans Junk Fees as of July 1, 2024. Good bye to junk fees, resort fees, mandatory service charges, and drip pricing. Hello to – the fruits of SB 478. By Jim Butler and the Global Hospitality Group® 10 May 2024 Click here for the latest articles on Resort Fee Litigation. Note: If you are a consumer with a Junk Fee issue, please do NOT contact us! We do not represent consumers against hotels, restaurants, or other business owners. We are part of the fabric of the hospitality industry and are committed to informing, educating, and assisting the industry. We represent business owners, helping them to understand and comply with applicable laws and defending them from consumer charges. Consumers and politicians have complained about junk fees for more than 20 years. The first reports of hotels charging resort fees (or similar charges) can be traced back to the year 2000. We are not sure if hotels invented the practice or were just amongst the early innovators. But in any event, the various mandatory fees with various labels soon became widespread throughout the hospitality industry and other industries, including hotels, restaurants, food delivery services, live-event ticket sales, transportation such as car rentals and airlines, and many others. In the hotel industry, these hidden fees have different names, such as resort fees, destination fees, or surcharges. Other industries have used labels such as service fees, delivery fees, installation fees, and administrative fees, just to name a few. But they are all junk fees”—mandatory hidden fees that are not fully disclosed at initial customer contact but only revealed later in the sales process. As of July 1, 2024, California will implement a high-profile law to ban such junk fees unless they are specifically exempted. Here are the details. Junk Fees are banned in California as of July 1, 2024! What does the California Junk Fee Law (SB 478) mean? by Mark S. Adams, Hotel Dispute Lawyer Partner & Senior Member JMBM’s Global Hospitality...