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FORMER AAHOA CHAIRWOMAN Jagruti Panwala testified recently before Congress on the Department of Labor's proposal to raise the overtime salary exemption threshold for executive, administrative, and professional employees under the Fair Labor Standards Act. Panwala, now a board member for American Hotel & Lodging Association, argued that the proposed change would actually limit hotel employees' opportunities and does not take into account economic differences between regions of the country. In August, DOL proposed raising the threshold from $35,568 to an estimated $60,209 in 2024 according to AHLA based on the department's projections. That equals a nearly 70 percent increase, and AHLA said that means all employees making under that amount must be paid overtime for any hours worked over 40 in one week. The DOL proposal also would automatically increase the threshold every three years thereafter based on the 35th percentile of earnings for full-time salaried workers in the lowest-wage census region, currently the South.

MONTHS OF RUMOR were confirmed true when Choice Hotels International on Wednesday announced it has proposed to acquire Wyndham Hotels & Resorts in an approximately $9.8 billion transaction. The proposal to Wyndham stockholders came after months of negotiations broke down and Wyndham's board of directors voted to decline Choice's offer, calling it "underwhelming" and risky. AAHOA also issued a statement saying it has "high concern" that a Choice/Wyndham merger would give one franchiser too much dominance over the economy/limited service hotel segment. The proposal In its announcement of the proposal, Choice said it sought to acquire all the outstanding shares of Wyndham at a price of $90 per share, payable in a mix of cash and stock. Shareholders would receive $49.50 in cash and 0.324 shares of Choice common stock for each Wyndham share they own. Choice claims that is a 26 percent premium to Wyndham's 30-day volume-weighted average closing price ending on Oct. 16, an 11 percent premium to Wyndham's 52-week high, and a 30 percent premium to Wyndham's latest closing price.

CHOICE HOTELS INTERNATIONAL is accusing the board of directors for Wyndham Hotels & Resorts of not being forthcoming with the company's shareholders regarding Choice's exchange offer to acquire Wyndham. In its counter to the Wyndham board's rejection of the offer, Choice took issue with Wyndham's concerns about getting regulatory approval for the deal and said Wyndham shareholders support the "industrial merits of a transaction." In its original proposal, made public in October, Choice said it sought to acquire all the outstanding shares of Wyndham at a price of $90 per share and shareholders would have received $49.50 in cash and 0.324 shares of Choice common stock for each Wyndham share they own. Choice claimed that is a 30 percent premium to Wyndham's 30-day volume-weighted average closing price ending on Oct. 16, an 11 percent premium to Wyndham's 52-week high, and a 30 percent premium to Wyndham's latest closing price. Wyndham's board unanimously rejected Choice's proposal, calling it unsolicited, "highly conditional" and not in the best interest of shareholders. On Nov. 14, however, Choice sent a letter to the Wyndham board with an "enhanced proposal" intended to address Wyndham's concerns about clearing federal regulations. On Dec. 12, Choice launched its public exchange offer to acquire Wyndham and on Dec. 19 the Wyndham board officially rejected the offer and urged shareholders not to tender shares for the deal.

CHOICE HOTELS INTERNATIONAL issued a last-minute appeal to Wyndham Hotels & Resorts shareholders to tender shares toward a proposed acquisition with a March 8 deadline to do so. At the same time, a U.S. senator has written to the Federal Trade Commission expressing concerns about the proposed merger. The fate of the proposal may hinge on getting more Wyndham share holders to show interest by tendering shares, Choice said in a statement. The company pointed out that tendering shares would not obligate shareholders to accept Choice's current offer. "Tendering shares will send a clear message to Wyndham's board of directors to constructively engage with Choice to reach a consensual agreement on the terms of a transaction," Choice said. "Depending on participation, Choice intends to either extend or terminate the exchange offer and will evaluate next steps related to its nomination of a slate of independent directors for election to the board of directors of Wyndham."

HOSPITALITY INDUSTRY ASSOCIATIONS are welcoming two laws, one proposed on a federal level and another passed by the state of Tennessee. The federal law is long-awaited clarification of the definition joint employers and the Tennessee law limits regulations by local governments in the state that would affect small businesses, including hotels. A clear definition Versions of the Save Local Business Act recently was introduced in the U.S. House of Representatives and the Senate. Sponsors of the bill say it will provide clarity on Department of Labor's proposed new joint employer rules that have undergone multiple changes lately, leading to legal confusion. "You can't focus on running a business if the federal government keeps changing the rules. The Save Local Business Act provides long-overdue clarity and consistency that will protect our nation's small businesses," said one of the bill's sponsors, U.S. Sen. Roger Marshall. "The Biden Administration's Labor Department has relied on complicated court rulings to handle joint employers instead of providing clear guidance to the business community. In a time of economic hardship, we should be doing all that we can to help our nation's small businesses, not let the heavy hand of government regulations run amok."

A NEW GROUP, led by two Indo American hoteliers, has formed to oppose the New York City Council's proposed "Safe Hotels Act," otherwise known as Intro 991. The new group, the NYC Minority Hotel Association, joins other associations including AAHOA, the American Hotel & Lodging Association and the Hotel Association of New York City in saying the proposed ordinance would damage the city's hotel business. The bill, originally proposed by Councilwoman Julie Menin on July 18 and revised on Aug. 2, would require hotels to obtain a license in order to operate in the city. "The application term would be two years, and there would be an license fee of $200. Hotels would be required to maintain continuous front desk coverage and large hotels would be required to have continuous coverage by at least one security guard," the city says on its website. "All hotels would be required to maintain the cleanliness of each guest room. The licensee would be required to directly employ their core employees, subject to enumerated exceptions. Hotels that violate the license conditions would be subject to civil penalties."

AAHOA OPPOSED THE Los Angeles City Council's recent proposal to raise hotel worker wages to $30 per hour, plus $8 for healthcare, citing a flawed economic impact study that misjudges the industry's ability to absorb the increase. AAHOA members, including a delegation of women hoteliers, testified before the council, warning of the proposal's impact on smaller, independent hotels, the association said in a statement. AAHOA Vice Chairman Kamalesh "KP" Patel, a California hotelier, testified on Oct. 16, addressing the hospitality industry's ongoing labor challenges. "I have a very serious concern about the study presentation. The study is majorly flawed," Patel said. "There is zero understanding of the differences between hotels-high-end, full-service and limited-service. These people are asking for their fair shake. We are asking to be heard properly. Limited-service properties do not offer the same services as full-service hotels and should not be treated the same." AAHOA argues that the study overlooks the unique challenges of smaller, limited-service hotels, ignoring their tight margins and operational constraints. A sudden wage increase to $30 per hour, plus healthcare costs, could result in layoffs, service cuts or closures, AAHOA said.

MORE THAN SEVEN in 10 Americans would be deterred from booking a hotel room in Los Angeles if hotels there are forced to house homeless people next to paying guests, according to a recent poll by American Hotel & Lodging Association. The survey was released as the city of Los Angel considers a proposed ordinance that would require hotels to house homeless individuals alongside paying guests, a change opposed by AHLA and AAHOA. Los Angeles residents will vote in March 2024 on the ballot initiative proposed by Unite Here, a labor union representing L.A.-area hotel workers. The AHLA study highlighted the significant impact such a policy would have on tourism and hotel occupancy in the city. However, if Unite Here's ballot initiative passes, Los Angeles would be the first city in American history to require hotels to house homeless people alongside paying guests.

IN ITS LATEST drive to convince Wyndham Hotels & Resorts stakeholders to accept its proposed acquisition of the company, Choice Hotels International has released a detailed presentation accusing Wyndham of making misleading statements regarding the antitrust aspects of the deal. The specific accusations include that Wyndham is manipulating data on how the hotel industry works, the competition a Choice-Wyndham combination would face and the benefits of the merger for franchisees. Choice filed the presentation with the U.S. Securities and Exchange Commission and is also available at CreateValueWithChoice.com, the company said in a statement. Choice's presentation was released nearly three weeks after Wyndham's latest statement in which it said Choice was not being forthcoming with Wyndham shareholders regarding its offer. "We are disappointed Wyndham is pushing this disinformation campaign. Their take on the antitrust risk on our proposed combination is misleading and further reflects the board's apparent entrenchment," said Patrick Pacious, Choice's president and CEO. "Wyndham's characterization of the lodging industry's competitive landscape and relevant regulatory criteria is incorrect. Our pro-competitive combination is well positioned to obtain approval, and we remain committed to completing it for the benefit of both companies' franchisees, shareholders and guests."

PROPOSED FEDERAL REGULATIONS defining a "joint-employer standard" would have a "chilling effect" on the hospitality industry and franchises in general, according to the American Hotel & Lodging Association. The National Labor Relations Board's latest version of the standard could define two companies as joint employers if they both control certain elements of employees' terms and conditions. The period for comments on the proposed regulations ended Nov. 21 and the would rescind and replace the joint-employer rule that took effect on April 27, 2020. That previous rule established that "a business must possess and exercise substantial direct and immediate control over one or more essential terms and conditions of employment of another employer's employees" to be considered a joint employer. However, a ruling by the U.S. Court of Appeals for the D.C. Circuit in July reversed that rule. Now, under the new rule, "two or more employers would be considered joint employers if they 'share or codetermine those matters governing employees' essential terms and conditions of employment,' such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervision, assignment, and work rules," according to NLRB.

ONE VERSION OF a proposed New Jersey bill that would reshape hotel franchising in the state has passed out of committee in the Assembly but efforts reportedly are under way to amend it to address opponents' concerns. The Senate version of the bill remains in committee. The American Hotel & Lodging Association, a long-time critic of the proposed legislation, called the Assembly Committee on Commerce, Economic Development and Agriculture's passage of the bill a "dangerous step forward." Supporters of the bill, including AAHOA as well as sponsors of the bill, did not respond to requests for comment in time for this article. What's at stake The bills, A3495 in the Assembly and S2336 in the Senate, were introduced at the beginning of the year to replace the original legislation that stalled in the state's legislature last year. It is essentially the same as its prior incarnation. Specifically, the provisions include restricting non-competes that are longer than six months; prohibiting requiring a relocation or capital investment greater than $25,000 more than once every five years unless hotel franchisers can establish a return on the investment; requiring a franchiser that receives "any rebate, commission, kickback, services, other consideration or anything of value" to fully disclose them to the franchisee and turn them over to the franchisee; putting restrictions on mandatory sourcing of goods or resources; and prohibiting suspending, restricting or preventing access to franchise services.

THE LOS ANGELES City Council declared Wednesday, Sept. 4, as "AAHOA Day," recognizing association members' role as entrepreneurs, job creators and contributors in the Greater Los Angeles Area. More than 100 AAHOA members attended the council meeting, where Councilmembers John Lee and Traci Park paid tribute to the contributions of local hoteliers to the city's development. "It is an honor to see our work recognized by the L.A. City Council," said Miraj Patel, AAHOA's chairman. "AAHOA Members have consistently engaged in advocacy that supports the hotel industry, and we are grateful for this acknowledgment of our efforts. I commend Greater Los Angeles area regional director Naresh Bhakta and Northeast Los Angeles Hotel Owners Association president Ray Patel for their hard work and dedication in leading these efforts, and all the AAHOA Members who joined for this special event." The recognition highlights the association's recent efforts to address challenges in the hotel industry, including revising the proposed "Hotel Land Use and Replacement Housing Requirements" and transforming a mandatory homeless voucher program into a voluntary one, AAHOA said in a statement said. The association also advocated for a carve-out for limited-service hotels in the proposed minimum wage hike.

REPRESENTATIVES OF THE U.S. hospitality industry recently rejected the New York City Council's revisions to the proposed hotel licensing bill, which include a new licensing structure, direct employment of housekeeping and maintenance staff, and a ban on subcontracting key operations. The American Hotel & Lodging Association and the Hotel Association of New York City objected to the amendments, warning of potential closures and layoffs in the city's hotel sector. The bill, known as the Hotel Safety Act, originally proposed by Councilwoman Julie Menin on July 18 and revised on Aug. 2, seeks to introduce staffing and operational mandates that AHLA considers unnecessary. "The city council's discussions regarding the Hotel Safety Act continue to exclude those who will be most affected by the legislation-hotel owners, management companies, sub-contractors and tens of thousands of hotel workers," said Kevin Carey, AHLA's interim president and CEO. "It is imperative that all stakeholders have a real seat at the table. If this is a matter of public safety and crime, as has been claimed by Councilwoman Menin and the bill's proponents, let's review the facts and statistics to see what picture they paint."

UTTAR PRADESH RECEIVED hospitality investment proposals worth approximately $12.2 billion, or Rs 1 trillion, in the last two years after introducing its 2022 tourism policy. The Indian state, which hosted the Global Investors Summit in February 2023, sees tourism as key to reaching its $1 trillion economy goal by 2029. The state aims to expand tourism infrastructure and hospitality properties through private sector partnerships, Business Standard reported, citing government officials. "The proposed investments include hotels, resorts, guesthouses, wellness centers, and homestays across all 75 districts," said Mukesh Kumar Meshram, principal secretary of tourism and culture in UP, according to the report.

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Planning a wedding proposal? Why not do it at the world's largest oceanarium? See how hundreds of guests and thousands of marine animals played witness to this couple's engagement at S.E.A. Aquarium's Ocean Gallery.

Americans who cross borders without a US passport or other WHTI-compliant documents, could soon face fines. The proposed fine is expected to only impact travelers who are entering the US by land. The fee is intended to cover the costs of the extra inspection required to admit a US citizen without a passport. Read the complete article here to know everything about the latest non-compliant traveler fees.

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