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THE U.S. DEPARTMENT of Labor's definition of who qualifies as independent contractors, due to take effect in March, is meant to ensure that workers are treated fairly, according to the department. However, the American Hotel & Lodging Association says the new rule limits independent contractors to work and impact hotels' ability to find workers. The new rule under the Fair Labor Standards Act aims to prevent misclassification of workers that can affect workers' rights to minimum wage and overtime pay, "facilitates wage theft, allows some employers to undercut their law-abiding competition and hurts the economy at-large," the Labor Department said in a statement. It uses a multifactor analysis of six factors defining a worker's relationship with an employer, such as the worker's opportunities for profit or loss; the financial stake and nature of any resources a worker has invested in the work; the degree of permanence of the work relationship; the degree of control an employer has over the individual's work; how essential the work is to the employer's business; and the worker's skill and initiative.

THE U.S. DEPARTMENT of Homeland Security will make available more than 64,000 additional H-2B temporary nonagricultural worker visas for fiscal year 2023. The extra visas will help the hotel and travel industries meet continuing labor shortages, according to the U.S. Travel Association. DHS also will issue its normal allotment of 66,000 H-2B visas as well as the 64,716 extra visas. The visas, which permit employers to temporarily hire noncitizens to perform certain labor in the U.S., became available at the beginning of October. Also, the agency created the new Worker Protection Taskforce to make sure the H-2B visa workers are not exploited. "The Department of Homeland Security is moving with unprecedented speed to meet the needs of American businesses," said Alejandro Mayorkas, secretary of Homeland Security. "At a time of record job growth, this full year allocation at the very outset of the fiscal year will ensure that businesses can plan for their peak season labor needs. We also will bolster worker protections to safeguard the integrity of the program from unscrupulous employers who would seek to exploit the workers by paying substandard wages and maintaining unsafe work conditions."

SPONSORS AND SUPPORTERS of the proposed Richard L. Trumka Protecting the Right to Organize Act of 2023 say it is needed to protect the rights of workers to organize under labor unions. However, the American Hotel & Lodging Association and others claim the PRO Act puts an undue burden on small businesses, including hotels. The PRO Act would authorize penalties against employers that interfere with employees' efforts to organize, according to Democratic Rep. Robert "Bobby" Scott of Virginia, one of the co-sponsors of the bill. Also, the bill would facilitate collective bargaining agreements, close loopholes that allow employers to misclassify employees as supervisors and independent contractors. Other aspects of the PRO Act include protection for employees that experience retaliation for trying to organize a union, ensures that workers can collect "fair share" fees and authorizes a private right of action for violation of workers' rights. It also prevents employers from interfering in union elections or holding captive audience meetings. "Regrettably, for too long, workers have suffered from anti-union attacks and toothless labor laws that undermined their right to form a union," Scott said. "As a historic number of Americans put their support behind labor unions, Congress has an urgent responsibility to ensure that workers can join a union and negotiate for higher pay, better benefits, and safer workplaces."

ON MONDAY, THE Department of Homeland Security and the Department of Labor authorized an additional 20,000 H-2B temporary nonagricultural worker visas for fiscal year 2022. Travel and hospitality industry associations say the authorization will help ease the ongoing labor crisis. The new visas, which permit employers to temporarily hire noncitizens to perform certain labor in the U.S., are part of the first supplemental cap the DHS and DOL have allowed for the H-2B visa program in the first half of a fiscal year, according to a press release. The visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31. The supplemental H-2B visa allocation includes 13,500 visas for returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years. The remaining 6,500 visas are exempt from the returning worker requirement and are reserved for nationals of Haiti and the Northern Triangle countries of Honduras, Guatemala, and El Salvador.

TRAVELERS AS WELL as hoteliers are ready for business travel to get back to normal, according to the American Hotel & Lodging Association. Nearly two-thirds of business travelers feel that the increased reliance on virtual work during COVID-19 is negatively impacting both productivity and workplace culture. As many as 77 percent of business travelers and 64 percent of American workers think that it is more important than ever to bring back business travel, according to a survey commissioned by the AHLA. The poll, conducted by Morning Consult among a national sample of 2,210 adults from March 8 to 9, also revealed that nearly seven in ten Americans approve the Centers for Disease Control and Prevention's recent move to relax mask requirements. According to the survey, 43 percent of U.S. workers are more likely to travel for business compared to 2020-21.

OF THE TWO in five Americans going on business trips this year, 49 percent intend to turn it into a "bleisure" trip, according to a recent survey by Howdy.com. Bleisure is a blend of "business" and "leisure," differing from "workcations," where workers integrate vacation with work at a destination of their choice. While about a quarter of survey respondents opt for workcations to save paid time off, 60 percent of American business travelers prefer bleisure trips. Approximately 64 percent of American workers attribute the rise of bleisure to improved work-life balance as business travel rebounds post-COVID-19. Despite only about 30 percent of workers being familiar with the term bleisure, many are embracing the concept, said Howdy.com, a talent sourcing firm based in Austin, Texas. The Howdy.com survey of more than 1,000 full-time employees across the U.S., found that more than two-thirds of respondents would be attracted to jobs that encourage bleisure, while many suggest that companies should offer a "free day" on work trips to promote bleisure. The survey revealed that about 75 percent of respondents would be more inclined to collaborate with international teams if provided with increased bleisure travel opportunities.

U.S. HOSPITALITY SECTOR has consistently maintained the highest quit rates by workers among all industries, consistently exceeding 4.5 percent since July 2021, according to the U.S. Chamber of Commerce. However, the leisure and hospitality sector maintained the highest hiring rate among all industries, fluctuating between 6 percent and nearly 19 percent. These industries saw a loss of 837 thousand workers in September, yet 1.1 million individuals were hired into the industry during the same month. This hiring rate exceeds the national average, which was 3.7 percent in September 2023, the U.S. Chamber of Commerce said in its latest report titled Understanding America's Labor Shortage: The Most Impacted Industries. The latest jobs report from the Bureau of Labor Statistics reveals a positive influx of individuals into the workforce.

THE DEPARTMENT OF Homeland Security will issue more than 64,000 additional H-2B visas for fiscal year 2024, surpassing a congressionally authorized discretionary cap for the second consecutive year. The American Hotel & Lodging Association, AAHOA and others have been lobbying for the increase as a step to relieving the labor shortage challenge in the hotel industry. A forthcoming interim final rule, which was announced on Friday, will additionally approve temporary work visas, bringing the total to over 130,000 including those issued under the regular annual cap of 66,000. Chip Rogers, AHLA president and CEO, commended the federal government's action. "The H-2B Workforce Coalition, which AHLA co-chairs, worked hard to convince the Biden administration to offer this considerable expansion, which nearly doubles the yearly allocation of H-2B visas," said Rogers. "These extra visas will be crucial to helping hotels and resorts in remote vacation destinations fill seasonal roles, and we thank Homeland Security Secretary Mayorkas for making them available. But we still need help from Congress to get hoteliers across the country all the employees they need. That includes establishing an H-2B returning worker exemption, passing the Asylum Seeker Work Authorization Act, and passing the H-2 Improvements to Relieve Employers (HIRE) Act."

THE FEDERAL GOVERNMENT may have expanded an immigrant visa program that can bring more workers to the U.S. to ease the labor shortage but processing those visas may still be delayed due to a pandemic-related backlog. A group of lawmakers recently wrote a letter to the Department of State urging the agency to bring that processing back to pre-COVID levels. The letter, sent by Reps. Darren Soto, a Florida Democrat, and Peter Meijer, a Michigan Republican, along with 86 other Congress members says visa processing has been slowed by procedures put in place at the beginning of the pandemic but which are no longer needed because testing and vaccines are so readily available. "[Pandemic restrictions] disrupt the reopening of American businesses. According to the U.S. Travel Association, international visitor spending in the U.S. dropped by 76 percent in 2020, leading to the loss of $141 billion and 1.1 million American jobs," the letter said. the letter said. "As international and domestic travel begin to recover, many travel businesses rely on H-2B and J1 visas to meet short-term and seasonal workforce demands that cannot otherwise be filled. With such a significant portion of U.S. visa processing sites fully or partially closed, travel businesses will not have the international visitors or the temporary workers they need to generate a speedy and robust recovery from the COVID-19 pandemic."

AS 2022 BEGINS, many of the issues U.S. hoteliers faced in 2021, primarily related to the COVID-19 pandemic, are likely to continue. The year past also saw other changes, such as new leadership at AAHOA and a new administration in Washington, D.C. Below are the top stories covered by Asian Hospitality during 2021. They also include ongoing economic relief as the hospitality industry continued its struggle to recover from the pandemic; the return to in-person conventions; and powerful natural disasters. The year began with some optimism that the end of the pandemic was near. Several kinds of vaccines were announced in December 2020, and the rollout continued into 2021. Hoteliers did what they could to promote vaccination, including AAHOA's "Pledge to Protect Our Guests, Employees, and Businesses" initiative. Hoteliers who sign the pledge will provide time, reduce barriers and consider incentives to encourage their employees to get vaccinated when they are available. They also will encourage COVID-19 safety precautions, including wearing masks and social distancing. "Thanks to AHLA's ongoing efforts, the CDC has updated its guidelines prioritizing hotel workers under Phase 1c of the COVID-19 vaccines distribution. This is a significant achievement that directly impacts the health and safety of hotel workers across the country. It also recognizes that hotel employees continue to be on the front lines of the pandemic," Chip Rogers, AHLA president and CEO said at the time.

U.S. HOTELS ADDED 1,200 jobs in April, recent government statistics showed, yet employment levels in the industry still lag significantly behind pre-pandemic levels, according to American Hotel & Lodging Association. The Bureau of Labor Statistics also noted that there are currently about 1.92 million people employed in hotels, representing a decrease of 193,600 compared to February 2020. The association is advocating for policy changes to address hospitality industry's labor shortages. AHLA urged the Department of Homeland Security to issue around 65,000 additional H-2B temporary nonagricultural worker visas, as authorized by Congress in the Further Consolidated Appropriations Act. "Hotels are doing all they can to attract and retain workers, but the nationwide workforce shortage is preventing our industry from reaching its full potential," said Kevin Carey, AHLA's Interim president and CEO. "AHLA members need help filling open jobs so they can maintain and expand operations. The DHS can provide vital assistance by making available nearly 65,000 additional H-2B visas. Meanwhile, we are urging Congress to pass three important bills to help grow our nation's workforce: the Asylum Seeker Work Authorization Act, the H-2 Improvements to Relieve Employers Act and the Closing the Workforce Gap Act."

APPROXIMATELY THREE OUT of four travelers agree that Americans are prioritizing travel more in 2024 and prefer a digital, self-service experience for their hotel stays, according to a recent survey by Mews, a hospitality cloud provider. Nearly 80 percent of U.S. travelers favor hotels with fully automated front desks or self-service kiosks, and more than 40 percent prefer checking in via a hotel's website, app, or digital kiosk. "Trends in hospitality are ever-changing but we're seeing indicators that people are prioritizing travel again," said Richard Valtr, Mews's founder. "While we're seeing some softness in mid-market and select service hotels, the luxury sector seems resilient. Guests visiting luxury properties are spending more on bucket list trips and staying for longer." The poll of 2,000 people, evenly split between travelers and hotel workers, revealed that hotel workers anticipate an increase in guest use of technology during travel. A quarter of them expect guests to check in more frequently via hotel websites, apps, or digital kiosks compared to previous years.

APPROXIMATELY 53 PERCENT of Americans plan not to use all their vacation time this year, despite receiving 12 days annually, the fewest of any country, according to a recent study by travel platform Expedia. Vacation deprivation in the U.S., defined as the feeling of not having enough time off, reached an 11-year high at 65 percent, even as rates have decreased in many other parts of the world. Expedia's 24th annual Vacation Deprivation Report 2024, which surveyed 11,580 people across 11 countries in March and April, found that American and Japanese workers take a similar number of days off each year, 11 and 12 respectively. However, Japan has the world's lowest vacation deprivation level at 53 percent. This may be due to Japanese workers taking more frequent short vacations and prioritizing relaxation during their getaways, Expedia said.

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