GSA announces 2017 per diem lodging rates.

(August 20, 2016) The General Services Administration (GSA) has released the federal per diem lodging rates for FY2017 that will go into effect October 1, 2016. The standard continental United States (CONUS) rate applies to all other locations and increased just $2 from $89 to $91 per night. In Washington’s eight non-standard rates, all except for Seattle, received rate increases ranging two to 11 percent. Seattle summer months will jump 18.8 percent to $240 per night, while the month of May will fall 17.3 percent to $167 because it is no longer being treated as part of the high season. Per diem rates for meals and incidentals remain the same for both CONUS and non-standard locations.

The Department of Defense (DoD) began paying significantly below the GSA per diem rates in 2014 in response to sequestration. These reductions are still in place, and Congressman Derek Kilmer (D-WA 6th District) has been working to reverse the cuts. He is one of the sponsors of HR 1193, which would prohibit the DoD from reducing the federal per diem for members of the uniformed services or DoD civilian employees.

The GSA also announced the formation of an interagency working group to review the methodology by which geographic boundaries are set for per diem rates. Under current practice, per diem rates are generally determined on a county-by-county basis with a relatively small number of anomalies.  It is unclear whether the working group will examine just those anomalies, or whether it will look at moving away from the county-focused approach.

“Government travel is incredibly important to the hotel industry, generating thousands of jobs and billions in travel spending that supports communities around the country,” said Vanessa Sinders, Senior Vice President of Government Affairs for AH&LA. “The American Hotel & Lodging Association works closely with the General Services Administration to ensure that lodging per diem rates align with market conditions and also reflect good value for the government. Since the government per diem rates are often used as a guide by other organizations in setting their travel standards it is imperative that we strive to ensure fair and reasonable rates are established.”

Click here for a comparison of FY 2016 and 2017 rates for Washington state.

Click here to go to the GSA per diem rate page.

You may be eligible for refunds on your LCD flat screen purchases as part of a class action settlement.

The Washington Lodging Association and Washington Restaurant Association are working with Class Action Capital, a market leader in class action settlement claim management.

Class Action Capital is already successfully working with a very large number of hotels and restaurants across the country helping to recover refunds on their behalf from a number of recent class action settlements.

With this in mind, Class Action Capital has identified that many WRA and WLA members are very likely being eligible to recover substantial refunds from the Washington State LCD Flat Panel Antitrust Settlement. This $63,000,000 settlement will reimburse Washington consumers (individuals and businesses ) and Washington governmental agencies that purchased products containing an LCD Flat Panel (e.g.: LCD TVs, Flat-Screen Monitors, Notebook Computers, Color-Screen iPods and Color-Screen Cell Phones) from a retailer or someone other than the manufacturer of the component flat screen between January 1, 1998 and December 31, 2006 (for TVs, Monitors, Notebook Computers and Color-Screen iPods) and January 1, 2004 and December 1, 2006 (for Color-Screen Cell Phones).

Please keep in mind that you would not be entering into a lawsuit, but would be submitting a claim to recover your pro rata share of the settlement funds which have already been, or will be, set aside into an escrow account.

“We are proud to be working with WRA and WLA,” said JJ Thomas, CEO of Class Action Capital. “We look forward to educating their membership about these opportunities to receive potentially sizable refunds on past product purchases and, for those interested, offer our claims management service that allows members to recover their pro rata refund with minimal investment of internal time and resources.”

It is critical that you understand the opportunity and, should you wish to recover your pro rata share, engage either on your own or through a consultant.

Class Action Capital’s fee is a percentage of your financial recovery. You do not need to hire a third-party claims specialist and are entitled to file your claim on your own without incurring any fee. Additional settlement information can be found on the official court approved website: lcdsettlement.atg.wa.gov

Loyalty programs and points play key role in travel decisions, study finds.

Loyalty points matter, according to Choice Hotel International’s annual study of American travel habits. Close to 61 percent of travelers surveyed reported that loyalty points and programs impact where they choose to stay, and 57 percent say they save up all their hotel loyalty points to use toward a summer vacation. The study also found that almost half of American travelers (44 percent) have a lot of hotel loyalty points stashed up, but no time to use them.

The survey of 1,000 adults who have traveled in the past year for leisure was completed through Lightspeed GMI’s double opted-in panelists who have registered to participate in online surveys. Other findings include:

• Road trips are in. 72 percent of travelers are going by car this summer – road tripping to their destinations.
• Doing it for the Instagram. Almost one in 10 travelers say their summer travels are motivated by the opportunity to brag to friends and family on social media.
• Mighty maids. Almost half (42 percent) of travelers like to stay in a hotel during the summer because they don’t have to clean the bathroom.
• Cuba in the pipeline. 58 percent of Americans say they are likely to visit Cuba once the travel embargo lifts, however 42 percent say they would not visit in the first year.
• Work. Work. Work. Work. Play. Three in five (62 percent) business travelers add leisure vacations onto their business trips.
• Kids? What kids? Nearly seven in ten (69 percent) business travelers extend their business trips with leisure time as a way to have free time away from their spouse and/or kids.

The survey also uncovered different travel personality archetypes of American travelers, who they enjoy travelling with, and who they can’t stand traveling with.

• Experience Travelers (26 percent): These travelers are all about the experience and activities while traveling. It’s about the journey, not the destination, for these adventurers.
• Budget Travelers (19 percent): While these travelers may not get everything on their wish list, they maximize their opportunities within their budget.
• Luxury Travelers (16 percent): These Americans like high-end vacations, with luxury treatment from start to finish, from dining at the best restaurants to shopping at the high-end stores.
• Nature Travelers (9 percent): Exploring the outdoors and having nature experiences like camping while traveling is what these travelers prefer.
• Local Travelers (9 percent): Authentic experiences and steering away from tourist traps drive these travelers. Going off the beaten path to explore hidden gems that locals hold as best kept secrets makes for a great trip.
• Social Travelers (8 percent): It’s all about beefing up their social media game for these travelers. They travel for social media bragging rights.
• History Travelers (7 percent): These adventurers seek out trips that have rich history to experience and explore. They love standing where famous people once stood and integrating themselves into the culture.
• Control Freak Travelers (6 percent): Organizing and planning every detail of the trip is what these travelers live by. And when things don’t go according to plan, the stress kicks in.

“As we swing into the summer travel months, Choice is here to help travelers go from work to play. American travelers are finding it difficult to make that work/life balance distinction which gives us a great opportunity to help make the transition from business to leisure traveler convenient,” said Pat Pacious, President and COO, Choice Hotels. “With three in five business travelers saying their only vacations are when they tack on leisure trips to their business endeavors, brands like Choice work hard to offer the best of both worlds at our properties from business centers and free WiFi to craft beer bars and properties in key vacation destinations.”

Seattle hotel initiative ballot title now includes reference to labor standards.

(May 9, 2016)  Initiative 124, the Seattle hotel initiative that would limit housekeepers’ workloads, require gold-level health care plans and mandate other workplace provisions, will now include a reference to labor standards in the ballot title. The change comes after the Washington Lodging Association filed a ballot title challenge to ensure the initiative title and description more accurately reflects the scope of the measure.

Last week, the King County Superior Court added “labor standards” to the title and changed its concise description as follows:

• It now refers to “improving access” to health care instead of “paying for access” to health care;
• It now refers to “improving access” to health care instead of “paying for access” to health care;
• It now notes requirements could be waived for collective bargaining;
• It now notes retaining lists of “accused guests” would be required;
• It now refers to “certain-sized” instead of “large hotels.”

All of this more accurately reflects the substance of the initiative, which fundamentally addresses employment terms and benefits, imposes new labor conditions on employers and contains controversial provisions that would allow labor unions to waive many of the new minimum employment standards as part of the collective bargaining processes. The ballot title will now read:

Initiative 124 concerns health, safety, and labor standards for Seattle hotel employees.

If passed, this initiative would require certain-sized hotel employers to further protect employees against assault, sexual harassment, and injury by retaining lists of accused guests among other measures; improve access to healthcare; limit workloads; and provide limited job security for employees upon hotel ownership transfer. Requirements except assault protections are waivable through collective bargaining. The City may investigate violations. Persons claiming injury are protected from retaliation and may sue hotel-employers. Penalties go to City enforcement, affected employees, and the complainant.

Unite HERE Local 8, the sponsor of the initiative, is now gathering signatures to qualify for the November ballot. If it qualifies, the Seattle City Council has several options. Councilmembers can choose to pass the initiative as an ordinance, reject it and pass a similar measure, or do nothing and let it go to voters. Read more here.

WLA challenges ballot title of union-backed Seattle hotel initiative.

The Washington Lodging Association has filed a ballot title challenge to Initiative 124, which seeks to implement a wide range of onerous workplace provisions on hotel employers. (Read more about I-124 here.)

We believe the current ballot title “Initiative 124 concerns health and safety standards to protect hotel employees in Seattle” fails to accurately reflect the substance of the proposed measure and will mislead voters. The ballot title’s statement of subject indicates that the measure addresses only health and safety of hotel employees in Seattle. However, it primarily addresses employment terms and benefits, imposes new labor conditions on employers and contains controversial provisions that would allow labor unions to waive many of the new minimum employment standards as part of the collective bargaining processes. These new measures would far exceed existing state and federal requirements and shouldn’t be hidden behind an inaccurate ballot title and incomplete and inaccurate description.

The new title proposed in the WLA challenge  is “Initiative 124 concerns mandatory benefits, limited workloads, safety provisions, and collective bargaining rights for hotel employees in Seattle.”

2016 edition of the Washington State Visitors’ Guide celebrates Washington milestones.

(Mar. 28, 2016) The Washington Lodging Association has released the 2016 official Washington State Visitors’ Guide. The guide is produced through a strategic partnership with WLA, the Washington Tourism Alliance (WTA) and SagaCity Media Inc.

The 2016 edition marks the 17th annual publication of the guide, and the goal of the publishing partners is to expand the benefits of tourism throughout our state. With a circulation of 375,000 copies, the guide has a readership of nearly one million. The print guide is linked to www.stayinwashington.com, WLA’s consumer travel website, and www.experiencewa.com, the official state tourism website. The 2015 edition of the guide has been named a finalist for best visitor guide in the Western Publishing Association’s annual Maggie Awards.

Prospective travelers can read the guide online and order a print copy through the website. The 2016 official Washington State Visitors’ Guide highlights the state’s ten travel regions and includes regional maps, insider travel trips, itinerary suggestions and contact information for an array of standout local businesses and attractions.

This year’s visitors’ guide celebrates Washington’s year of milestones, including centennials for the National Park Service and Boeing. It has three distinct covers to celebrate the diversity of the state and also features insider tips for travelers from a Seattle Seahawks player, a James Beard Award–winning chef, a whitewater rafting guide and other local experts and celebrities.

Some 65,000 copies will be mailed to Seattle Met and Portland Monthly magazine subscribers, and other copies will be featured at some 2,000 visitor centers in Arizona, California, Colorado, Idaho, Nevada, Oregon, Texas, Washington State and Vancouver, B.C. The guide is also available for purchase on newsstands and checkout counters at Whole Foods, QFC, Fred Meyer and Barnes & Noble and other retail locations in Washington, Oregon and California.

Travelers can also access versions of the guide that are optimized for iPads, android tablets and smart phones, and they will be able to read and order copies of the visitors’ guide online at www.stayinwashington.com, the WLA’s consumer travel website.

• READ THE GUIDE ONLINE HERE

• ORDER A COPY OF THE GUIDE HERE

• PLACE A REQUEST TO BE DISTRIBUTION LOCATION HERE

Ninth Circuit overturns itself and rules DOL has authority to exclude back-of-the-house employees from tip-pooling programs.

(Feb. 24, 2016) In an unexpected decision, the U.S. Court of Appeals for the Ninth Circuit ruled this week that the Department of Labor has the authority to regulate the tip-pooling practices of employers who do not take a tip credit, including prohibiting these employers from instituting tip-pooling programs that include back-of-the-house staff, management, and other workers who are not customarily tipped.

The controversial 2-1 decision in Oregon Restaurant &  Lodging Association v. Perez  reverses two federal district court rulings and essentially ignores the court’s own 2010 ruling on this issue, Cumbie v. Woody Woo. The Washington Restaurant Association was a co-plaintiff in the case. “We did not expect this ruling, and we’re still consulting with our litigation partners on how we will respond,” said Anthony Anton, president and CEO of the Washington Restaurant Association. “We will inform our members when we have chosen a course of action.”

Possible options for a WRA response include petitioning to have the case reconsidered by the panel that made this decision, petitioning to have the entire Ninth Circuit court hear the case, or appealing the decision to the U.S. Supreme Court.

More information:

U.S. Court of Appeals for the Ninth Circuit overturns its own decision on tip pools (National Restaurant Association)

Ninth Circuit “Tips” Against Tip-Pooling Policies (Fisher & Phillips Attorneys at Law)

Ninth Circuit Approves DOL Rule Prohibiting “Tip Pooling” For Kitchen Employees Even Where No “Tip Credit” Is Taken (National Law Review)

WRA’s FAQ on Tip-Pool Ruling (Feb 24, 2016)

Updates will be posted on warestaurant.org. 

AH&LA study documents commercial landlords running unregulated Airbnb hotels.

(Jan. 21, 2016) A growing number of commercial landlords are using Airbnb to run unregulated hotels in major cities according to a new study released by the American Hotel & Lodging Association. The report, which was conducted by researchers at Penn State University’s School of Hospitality Management, shows that nearly 30 percent ($378 million) of Airbnb’s revenue in 12 major U.S. markets comes from full-time operators, who have rentals available 360 days a year.

The analysis is the first, comprehensive national look at the rise of commercial activity on Airbnb, one of the most trafficked short-term rental platforms. It tracks data collected during a 13-month period (September 2014-September 2015) in 12 of the nation’s largest metropolitan statistical areas (MSAs): New York, Chicago, Los Angeles, Philadelphia, Miami, Houston, Dallas, Phoenix, San Antonio, San Diego, San Francisco, and Washington, D.C.

The study: “From Air Mattresses to Unregulated Business: An Analysis of the Other Side of Airbnb” focuses on “hosts” in these top markets who rent multiple units and the length of time they are renting their units. It tells a very different story about who is driving revenue on the site.

Among the key findings in the report:

• Nearly 30 percent ($378 million) of Airbnb’s revenue in these markets came from “full-time operators,” with rentals available 360 days a year. Each of these operators averaged more than $140,000 in revenue during the period studied.

• The cities with the largest number of full-time operators include New York and Miami on the East Coast and Los Angeles and San Francisco on the West Coast.

• Individuals or entities renting out two or more residential properties on Airbnb account for 17 percent of hosts in the twelve cities studied, and this rapidly growing segment of “multi-unit operators” drives nearly 40 percent of the revenue in those markets, which equates to more than half a billion dollars a year.

“The study shows an explosion in activity among multi-unit hosts and the rise of full-time operators in each of the 12 markets we analyzed. Further, operators renting out three or more units represent a disproportionate share of revenue with only 7 percent driving more than $325 million in the period studied,” said Dr. John O’Neill, Professor and Director of the Center for Hospitality Real Estate Strategy at Pennsylvania State University, who directed the research.

“Our industry thrives on competition each and every day, operating on a level and legal playing field. And we believe new entrants to the market like Airbnb and the commercial businesses they facilitate have those same obligations,” said AH&LA President and Chief Executive Officer Katherine Lugar. “Unfortunately, this report shows a troubling trend as a growing number of residential properties are being rented out on a full-time, commercial basis, in what amounts to an illegal hotel, and using Airbnb as a platform for dodging taxes, skirting the law and flouting health and safety standards.

“This is not about ‘home sharing,’ a practice that has existed for decades as a way for individuals to make a little extra cash by renting out the occasional room or home. But this data tells a very different story than the one told by Airbnb, who wants the face of Main Street but the wallet of Wall Street. As a corporation valued at more than $25 billion, they have a responsibility to protect their guests and communities; they should not be enabling the corporate landlords who are clearly using their platform to run illegal hotels.”

Airbnb challenged the report’s findings, claiming the majority of its hosts are middle-class individuals who occasionally share only the home in which they live. “This report uses misleading data to make false claims and attack middle-class families who share their homes and use the money they earn to pay the bills,” a company spokesperson told news outlets. Read more here.

The full report is available for download on the AH&LA website here.

Spokane City Council will vote on paid sick leave next week.

(Jan. 7, 2016) At its legislative meeting earlier this week, the Spokane City Council formally introduced a proposal to mandate paid sick leave for employees in the City of Spokane. The Council will vote at its January 11 meeting on the proposed ordinance, which would require Spokane-based employers to provide employees with up to three days of sick leave each year.

Under the ordinance:

• Paid sick leave would accrue at a rate of one hour for every 30 hours worked with an annual cap of 24 hours.
• Accrued sick leave could be rolled over, but not cashed out.
• The ordinance would not apply to work-study students, independent contractors, seasonal or temporary workers, or those employed by a firm engaged in “construction work.”
• An employer would be able to require employees to provide reasonable documentation for the use of three consecutive days.
• Employees would be allowed to shift swap.

If passed, the ordinance would go into effect Feb. 15, 2017. You can view the proposed ordinance here. The proposal reflects suggestions that the WRA/WLA Government Affairs team made to the Council in 2015. If you have any questions about the proposed legislation, contact the WRA’s Zachary Lindahl at zacharyl@warestaurant.org.

Getting to know your government affairs team in advance of the 2016 legislative session.

(Nov. 25, 2015)  Director of Government Affairs Bruce Beckett sent the following message to WLA members, introducing his team and opportunities for member engagement.

Dear WLA Member,

As we get ready for a busy 2016 legislative session, I’d like to introduce myself and the expanded Government Affairs team that is now working on your behalf in Olympia and beyond.

I have been the director of Government Affairs for the Washington Restaurant Association since 2009, and I am honored to now also represent you and the entire Washington Lodging Association membership under the expanded WLA/WRA partnership.

This joining of forces comes at an important time for our industry. Hospitality businesses in Washington state are facing more and more challenges in the legislative and regulatory arenas, and the speed at which these challenges arise is increasing. By working together, we have a much greater capacity to act quickly and effectively to address challenges on the municipal, regional and state level.

Thanks to the WLA/WRA collaboration, you now have 13 government affairs professionals dedicated to your success. In addition to three seasoned and successful contract lobbyists, you have a staff of state and local government affairs managers, communications experts and local coordinators monitoring issues, implementing well-considered strategies and working with members, legislators and policy makers to get things done in a way that makes sense for your business, your employees and our industry. Meet your GA team here.

Your engagement will help increase our effectiveness and will help ensure that we are representing your concerns and the interests of Washington’s lodging sector. Here are important ways you can get involved:

Serve on the Government Affairs Committee   Open to hotel and restaurant members, the Government Affairs Committee welcomes your participation. The GAC is a great way to engage with your association and get involved in government affairs. As a committee member, you’ll be asked to provide input that will help guide WLA/WRA positions and strategies. You’ll also give input on the issues matrix, which is developed each year to set legislative priorities. The GAC meets three times a year and holds weekly conference calls during the legislative session. Join the GAC here.

Attend the Next GAC Meeting on December 1   The GAC is holding its final meeting of the year on Dec.1 in Burien, and attending this meeting will give you an important introduction to the GAC’s work. You’ll review and approve the 2016 issues matrices, get an overview of 2015 election results and have the opportunity to give input on your priorities as we head into the 2016 session. The meeting will be held at the Elliot Bay Brewhouse & Pub in Burien from 1:30 – 4 p.m. RSVP here. View the lodging issues matrix here and the overall issues matrix here.

Join the Hotel Task Force   Help guide your association as it works on lodging-specific positions and strategies. We’re looking for hoteliers to provide input on policy issues that impact the lodging sector. The Hotel Task Force is a new standing committee and will meet, via conference call, on an as-needed basis when lodging-related issues arise. Task Force members will also receive calls to action and be asked to reach out to elected officials at critical times during session. Sign on by emailing MarianE@WaRestaurant.org. View the lodging priorities we’ve identified for 2016.

Attend the 2016 Hill Climb & Taste Our Best Reception on January 25   A key to our effectiveness is helping elected officials understand how their votes will impact the hotels, restaurants and hospitality employees in their districts. The annual Hill Climb and Taste Our Best Reception is designed to do just that giving you an opportunity to tell your legislators about your business. Please make plans to participate in these fun and important events on January 25. Our team will set up group meetings with legislators, and in the evening you’ll join other industry leaders at a relaxed legislative reception where you’ll have a chance to socialize with your representatives and the state’s elected leadership. Register here!

Thank you in advance for your support of, and participation in, our government affairs efforts. If you have any questions, please feel free to contact me or Marian Ericks, the WLA/WRA government affairs manager working on lodging issues. We can be reached at 1-800-225-7166.

Best wishes for a Happy Thanksgiving,

Bruce Beckett
Director of Government Affairs
Washington Restaurant Association  l  Washington Lodging Association
bruceb@warestaurant.org

Congratulations to the 2015 Stars of the Industry Award Winners

Each year the Washington Lodging Association invites its members to honor their exceptional employees by nominating them for the Stars of the Industry Awards. Now in its 17th year, the Stars program celebrated another outstanding group of winners and nominees at WLA’s Annual Convention & Trade Show on Monday, November 16.  This year’s winners are:

WLA joins the WRA in supporting a statewide minimum wage increase done the right way.

(Nov. 19, 2015) The Washington Lodging Association’s Board of Directors voted on Nov. 17 to support an increase in a statewide minimum wage done the right way. This decision supports the work the Washington Restaurant Association has been doing to move toward a positive solution on the minimum wage issue that will address minimum compensation at the state rather than the local level. WLA and the WRA are currently working together under a Joint Operating Agreement and will launch a unified hospitality association in 2016.

(Nov. 5, 2015) The Washington Restaurant Association’s Board of Directors has announced that the member-driven association has decided to go in a new direction with regard to the minimum wage. In a press release issued today, the WRA outlined its desire to find a positive solution that increases minimum compensation on a statewide basis, providing local restaurants with predictability when calculating their costs. Read the full release:

Support for minimum wage increases done the right way.

Winston Churchill once said, “To improve is to change.”

The hospitality industry in Washington state is improving. And local restaurants are finding ways to embrace big changes. With the passage of the minimum wage increase in Seattle, many of the city’s restaurants are making significant changes to their business models that have garnered media attention. Now, restaurants are announcing another change.

The Washington Restaurant Association supports raising the minimum wage statewide in a responsible manner. Local government leaders agree that it’s time to address this important issue in a thoughtful bipartisan manner at the state level.

“We are in support of an increase in minimum wage done the right way. We have learned through local discussions that there are ways to support neighborhood restaurants and raise compensation for employees,” said Anthony Anton, Washington Restaurant Association president and CEO. “However, our state now has multiple different minimum wages with the likelihood of many more to come. It’s creating a checkerboard of wage laws that are difficult on everyone. We are looking for a positive state-wide solution. Restaurants are calling for local and state lawmakers to join together to find an answer.”

Currently, Washington state’s minimum wage is $9.47 per hour. Since 1998, it has increased annually, based on the national consumer price index. But in Seattle and SeaTac, the minimum wage is already higher. Voters just spoke on ballot proposals to increase wages in Spokane and Tacoma. As a result, Tacoma’s minimum wage will increase over time to $12 an hour.

“The City of Tacoma has had robust debates about paid sick leave and minimum wage. My City Council colleagues and I believe these important issues need solutions at the state level,” said Tacoma Mayor Marilyn Strickland. “Statewide policies will benefit workers across the entire state and provide certainty and efficiency for businesses. This will eliminate confusion for consumers and taxpayers because it will allow one organization to enforce and administer the law, instead of dozens of cities setting up a patchwork of regulatory programs. I urge the Legislature to address these issues in its upcoming session, and help uplift workers”

City governments realize that restaurants are vital to communities and local economies. When it comes to wages, restaurant owners, employees and customers are in a symbiotic relationship. Neighborhood restaurants are a pipeline of entry into the workforce, and protecting starting jobs is critical. Restaurants are also the new family dining room. Finding a solution that works for businesses, employees, and customers is key for the health of a city.

“I am concerned about Washington businesses competing on a level playing field. I’m equally concerned about establishing a unique city-by-city wage and benefit regulation and the complex burden that will create for businesses across the state,” said Spokane Mayor David Condon. “Accordingly, I encourage the Legislature to carefully consider ideas to resolve these issues on a statewide basis.”

Anton acknowledges the changes will not be simple and there will be many challenges in adapting to a statewide solution for increasing the minimum wage.

“While business models will have to change to adapt we are already seeing how some restaurants are making innovative changes,” Anton concluded “This coming year, we will see the birth of a new business model in our state. We will be trailblazing and finding ways to do business better – not only to keep our doors open, but also for the growth of our employees and strength of our communities. But if we are going to be successful in this new direction we will need clarity and certainty in this new environment. Washington’s restaurants need state legislators to lead the way for the health of our state. Now is the time.”

IN THE NEWS

The Washington Restaurant Association, Spokane and Tacoma Mayors Support Minimum Wage Done the Right Way and Call for State Leadership (PR Newswire, Nov. 6, 2015)

Washington Restaurant Association reverses stance on minimum wage (Business Examiner Media Group, Nov. 6, 2015)

Restaurant group supports increasing state’s minimum wage (The Seattle Times, Nov. 5, 2015)

Washington Restaurant Association declares support for higher minimum wage (kuow.org, Nov. 5, 2015)

Washington restaurant group now pushing for wage increase (king5.com, Nov. 5, 2015)

Airbnb announces it will collect Washington lodging and sales taxes.

(Oct. 2, 2015) Airbnb announced this week that on October 15 it will voluntarily start collecting lodging and sales tax on behalf of Washington state hosts who use Airbnb as a platform to rent out their home and properties on a short-term basis.  While Airbnb’s announcement is a step forward, WLA joins the American Hotel & Lodging Association in calling for all lodging establishments, including those in the “sharing economy,” to be held to the same regulatory, licensing, insurance and taxation requirements to protect the health, safety and well-being of their guests.

In a statement submitted for today’s congressional hearing on the “sharing economy,” AH&LA raised concerns about short-term online rental companies. AH&LA stated that these companies have obligations to uphold, including taking reasonable steps to facilitate compliance with commonsense safety, security, health and fire standards. It highlighted that some newer market players in the short-term online arena are significant commercial enterprises – indeed, illegal hotels and inns – that need to be reined in.

In some jurisdictions, these short-term rentals are illegal, while in others they may violate existing zoning, licensing or other laws in place to protect consumers and the safety and integrity of communities. AH&LA called on state and local jurisdictions to ensure that:

• Hosts register and obtain a business license and other applicable transient occupancy or vacation rental permits.
• Short-term online companies are not enabling or encouraging illegal activity.
• Basic health, safety and cleanliness standards are met.
• All taxes and fees are paid.
• Zoning laws are followed.
• Appropriate levels of insurance are in place to protect homeowners, guests and communities.

To date, more than 22 states and 100 municipalities are in the process of working on legislation to achieve uniform taxation and public safety standards.

Neighbors for Overnight Oversight, a coalition of concerned residents, community leaders, businesses and policymakers, is also speaking out for sensible rules and oversight of the short-term online rental market.  The group has posed an online toolkit, which includes sample letters to the editor and useful information on the issue of unregulated and unlicensed accommodation.

Resources for Implementation of Tacoma’s New Paid Leave Ordinance

Tacoma’s new paid leave ordinance is set to take effect February 1, 2016.  In order to help you through this transition, we’re starting a web series on how to implement this new law. We’ll be posting a new edition weekly, so keep checking back. At the bottom of this page, you’ll find links to these guides along with links to outside resources.  This paid leave guide is our interpretation of the ordinance and should not be considered a substitute for legal counsel. We are here to be your resource and help you succeed, so feel free to contact us if you have any questions: (360) 956-7279.

Weekly Articles:

Implementation Options

Premium Pay Programs

Accrual of Paid Leave

Resources:

Tacoma Paid Leave Ordinance

Tacoma Paid Leave Rules

Paid Time Off Policy Checklist

Paid Leave Ordinance FAQ

Premium Pay Program Application

Notice to Employees

CityofTacoma.org Paid Leave Page

If you would like to subscribe to receive weekly update as a WLA member outside of Tacoma, or would just like more information, please email SamanthaL@warestaurant.org.

Join WLA and the WRA at key events that will strengthen our industry and help us enhance the success of your business.

Next month the Washington Lodging Association and the Washington Restaurant Association begin joint operations, and your participation at a number of key events this fall will help set the course for successful collaboration on all fronts. Here’s what’s on the WLA/WRA calendar:

Alcohol Summit 2015
Wednesday, September 16
Noon to 3:00 p.m. followed by a social hour.
Rhein Haus, Seattle
REGISTER HERE!
Join fellow WRA and WLA members in giving direction to your expanded Government Affairs (GA) team on alcohol beverage regulation in Washington State. The summit will focus on a variety of policy areas, including spirits & wine market reforms, credit terms, licensing and education & enforcement issues. You’ll hear privatization updates and have the opportunity to tell the WRA/WLA GA team how they can help your business succeed. Lunch is on the house!

Golf FORE! Education
Tuesday, September 22
10 a.m. to 7 p.m. (includes lunch and is followed by awards dinner)
Washington National Golf Club, Auburn
REGISTER HERE!
The WRA’s popular Golf FORE! Education supports scholarships and ProStart, a nationally accredited high school culinary arts program. ProStart is changing lives at more than 50 public high schools in Washington, and you can help make a difference by registering to play. Plus, you’ll have plenty of fun! Registration include golf scramble, golf cart, lunch, and a chance to win the longest drive, the closest to the pin and prizes for 1st, 18th and 36th place. Learn more

Government Affairs Committee Regional Meetings
Throughout October
RSVP HERE
The WRA/WLA Government Affairs Committee wants to hear from you! In October regional meetings will be held throughout the state to brief members on the next legislative session and to get member input on 2016 legislative priorities. After the briefing, you’ll also have a chance to meet your state legislators, who have been invited to hear about our industry’s priorities. Look for upcoming emails with details on these informative meetings which are from 10:30 a.m. to 1:00 p.m. and includes lunch, except for the Spokane meeting which will be from 3:00 to 5:30 p.m. Please email shannong@warestaurant.org to RSVP for one of the following meetings:

• Tacoma (October 7)
• Tri-Cities (October 12)
• Spokane (October 13)
• Bellevue (October 19)
• Seattle (October 20)
• Vancouver (October 26)
• Mount Vernon (October 28)

WLA’s Annual Convention & Trade Show
November 15 to 17
Hyatt Regency Bellevue
REGISTER TODAY!
WLA’s popular convention will continue to provide Washington’s lodging owners, operators and managers with high-caliber professional training, information on critical industry issues, updates on government regulations and opportunities to network. It also features the Northwest’s only trade show dedicated to meeting the needs of hoteliers.

Presentations include “Great Leaders, Great Teams: Management Lessons from Highly Successful Hotels,” “What City-Based Employment Laws Mean for Hoteliers,” “Leveraging Sports Mania to Drive Business,” “Best Social Media Practices to Increase Engagement and Avoid Litigation,” and “The Art and Craft of Hotel Ownership, Investment and Portfolio Management.” Learn more.

AH&LA condemns the National Labor Relations Board decision on joint employers as threat to the franchise business model.

(Sept. 1, 2015) In one of its biggest decisions under the Obama Administration, the National Labor Relations Board (NLRB) ruled last week that companies can be held responsible for labor violations committed by their contractors. The American Hotel & Lodging Association (AH&LA) says the ruling creates a dangerous new legal precedent and threatens to undermine franchise owners’ control over their businesses.

The controversial ruling was released on August 27, when NLRB found waste management firm Browning-Ferris should be considered a “joint employer” with a Phoenix-based staffing agency that provided contracted employees for a Browning-Ferris recycling facility.

This decision is a sharp departure from previous NLRB decisions that stated companies were only responsible for employees who were under their direct control. Under this new standard, joint employment now exists even where one company only has the right to exert indirect or potential control over the terms and conditions of another company’s employees.

This new ruling could have significant repercussions for any business using contracted employees.

“With the 92 percent of lodging properties in the United States owned by franchisees and small businesses, we are very concerned that these changes to the joint-employer standard will have a profound negative impact on economic investment and job growth across our industry. The NLRB’s decision to expand the definition of joint employer could severely limit opportunities by diminishing the autonomy of millions of small business owners and dissuading potential entrepreneurs from wanting to start a new business,” said Katherine Lugar, AH&LA’s president and CEO.

“For more than 30 years, the franchisor/franchisee relationship has been based on the fundamental understanding that franchisors and franchisees are not joint employers because they do not exercise direct control over the same employees’ responsibilities. Now, many of our small business owners could very well lose their ability to make decisions about what is best for the men and women they work with every day. The focus of the government should be to encourage and empower businesses, not stifle them.” Read the full statement here.

According to a legal alert released by WLA allied member Fisher & Phillips, any employer that retains the right to impose even indirect control over the working conditions of temporarily placed employees runs a serious risk of being deemed their joint employer – not only for bargaining purposes, but potentially for unfair labor practice liability as well.

As a result of this decision, the legal alert notes that “employers and temporary service providers alike should scrutinize the parameters within their written service agreements and their underlying practices for reference to right to control. This includes an analysis of pre-employment qualification and hiring standards, assignment and retention of individual temporary employees, shift schedules, workload and pace of work, and wages and benefits.” Click here for the full legal alert. 

AH&LA, which co-chairs the Coalition to Save Local Businesses, announced that it will fight to protect the current joint-employer standard through all legislative, regulatory and legal options available to us. It will be hosting a members-only webinar in the coming weeks to provide a thorough analysis of what this decision means for our industry and what you can do to prepare for potential changes. For more information, contact Brian Crawford, who handles workforce issues, at: bcrawford@ahla.com.

Additional Information

Hoteliers, associations slam NLRB decision (HotelNewsNow.com, August 28, 2015)

NLRB rules against business in pivotal joint-employer decision (TheHill.com, August 27, 2015)

NLRB Starts Down The Slippery Slope With Controversial New Joint Employer Ruling (Fisher & Philips LLC, www.laborlaw.com, August 28, 2015)

Photo: “1099 14th Street – National Labor Relations Board – sign” by Geraldshields11 – Own work. Licensed under CC BY-SA 3.0 via Commons