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THE U.S. SENATE voted to block the National Labor Relations Board's final definition of joint-employer status, following up on a similar bill passed by the House. President Biden is expected to veto the bill, but opponents of the NLRB joint employer rule, such as the American Hotel & Lodging Association, claim the Senate's resolution was a "win for hoteliers." After the House passed its Congressional Review Act against the NLRB rule in January, the U.S. District Court for the Eastern District of Texas also issued an order blocking the NLRB rule. AHLA supported both efforts to block the NLRB rule, calling the current joint employer definition a threat to the hotel franchise model. "Today's bipartisan Senate vote is a win for hoteliers and small business owners everywhere, and shows the rule is out of step with Congress, the courts, and America's job creators. Lawmakers from both parties in the House and Senate realize the administration's joint-employer rule would acutely suppress job creation for hoteliers and other businesses, and therefore it needs to be abandoned," said Kevin Carey, AHLA Interim president and CEO.

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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 U.S. SENATE and House passed a $1.5 trillion government-funding package last week that includes some much-needed relief for the hospitality industry, two associations said. However, the spending bill also missing some elements industry advocates have pressed Congress and the administration to pass. The omnibus spending bill passed on a 68-31 vote in the Senate and is now awaiting President Biden's signature, according to government focused news agency RollCall. com. At 2,700-pages, the omnibus contains all 12 fiscal 2022 spending bills and has been in negotiations for five months. The bill includes the Restoring Brand USA Act that will provide $250 million in relief funding to the destination marketing organization that promotes travel to the U.S. The U.S. Travel Association welcomed that fact in a statement from Roger Dow, USTA president and CEO.

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."

A NEW JERSEY bill that will reform the franchise business model in that state took another step forward today, moving from the Assembly to the Senate, and supporters, including AAHOA, expect it to become law this year. However, the American Hotel & Lodging Association has come out in opposition to the law, saying it would "undermine the foundation of hotel franchising." New Jersey Assembly Bill A1958 would make changes to the New Jersey Franchise Practices Act. AAHOA has been supporting the bill, saying it mirrors several concerns included in its 12 Points of Fair Franchising. Specifically, it would reform rules for mandated vendors, rebates, loyalty programs and new fees, AAHOA said in a statement. "New Jersey has long been a state with a strong entrepreneurial culture that has been welcoming to immigrants, including many AAHOA members," said AAHOA Chairman Bharat Patel. "The state Assembly recognized that and took a step toward making New Jersey a better place for small businesses with today's vote to advance fair franchising principles. New Jersey can be an example to the nation for supporting franchising practices that allow hotel owners to achieve the American dream." AAHOA supports the preference of certified women-owned, minority-owned and veteran-owned businesses to serve as the mandated and preferred vendors for the franchise business model.

AAHOA IS CONTINUING its advocacy efforts with new meetings with members of Congress. On Sept. 27, representatives from the association met with Sen. John Hickenlooper, Democrat from Colorado, in Washington at his Capitol Hill office. Hickenlooper, who sits on both the Small Business Committee and the Senate Commerce Committee, met with AAHOA to discuss Small Business Administration loan limit increases as well as fairness and transparency in the franchise industry, according to AAHOA. In Hickenlooper's home state of Colorado, 39.5 percent of all hotels in the state are owned by AAHOA members, comprising 520 hotels and 55,861 rooms, according to a recent study for AAHOA by Oxford Economics. Those hotels provide $5 billion in wages and other compensation, along with approximately 54,490 direct jobs and 101,000 total impact jobs in the state. They provide $8.5 billion in contribution to the state's GDP, and $2.3 billion in federal, state and local taxes along with $201 million in total lodging taxes.

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."

REFORMS TO THE distribution of Small Business Administration loans, a new H2-C visa program and expansion of the Earned Income Tax Credit to benefit hotels were the main topics discussed at AAHOA's recent Fall National Advocacy Conference with legislators in Washington. Days later, AAHOA leadership met with Federal Trade Commission Commissioner Alvaro Bedoya to discuss fair franchising concerns. A day of advocacy AAHOA board members and representatives met with more than 100 agency heads and 40 U.S. senators and representatives in Washington to advocate for these and other causes for the hospitality industry.

THE RECENTLY PASSED federal $1.7 trillion omnibus spending bill contains important gains for the travel and hospitality industries, according to several advocacy groups. That includes the Omnibus Travel and Tourism Act and the creation of a position in the Department of Commerce to coordinate travel and tourism industry strategy. AAHOA, the American Hotel & Lodging Association and the U.S. Travel Association all welcomed the passage of the spending bill that was signed into law by President Biden on Dec. 23. All cited the OTTA legislation created by U.S. Sens. Jacky Rosen, Democrat of Nevada, and Republic Roger Wicker of Mississippi through the Senate Committee on Commerce, Science, and Transportation. What is the OTTA? The elements of the OTTA include the Visit America Act, which authorizes the creation of the new position in the DOC. The new assistant secretary would coordinate a strategy across multiple federal agencies to increase travel and tourism nationwide through annual goals and recommendations. "This means the industry will finally have a seat at the policy table after decades of advocating for this to occur," said Laura Lee Blake, AAHOA president and CEO, in LinkedIn.com post.

THE PROPOSED FRANCHISE reform legislation in New Jersey that has driven a rift between AAHOA and several large hotel companies has stalled in the state's legislature. AAHOA said it was misinformation that delayed the bill's passage, while the American Hotel & Lodging Association said the bill "would have destroyed the hotel industry's franchise model." It will return Assembly Bill 1958 would make changes to the New Jersey Franchise Practices Act that could benefit the hospitality industry, AAHOA said previously. Specifically, the changes include restricting non-competes for 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.