Despite a general effective date of January 1, 2020, there are 5 steps that anyone doing business in California should take now to avoid problems under the California Consumer Privacy Act of 2018 (the Act) when it becomes effective. As a follow up to his original article explaining the important provisions of the Act, my partner Bob Braun provides us an important update on recent regulatory activity concerning the Act and provides practical guidance on what needs to be done now.
Privacy legislation is dominating the news cycle these days and it's unlikely to slow down. Now, as U.S. companies are adjusting to the requirements of the European Union's General Data Protection Regulation, the State of California has introduced new laws that will apply to California companies or companies doing business in California.
As the number of electric and hybrid vehicles in California continues to grow, we are also seeing the proliferation of electric vehicle charging stations in the parking areas provided by hotels, theaters, stadiums and hotel mixed-use properties. While owners and managers of these facilities are providing a much-needed service to their guests, many are unaware that – at least in California – if their facility provides electric vehicle charging stations, a certain number of them must be accessible to the disabled.
For many years, businesses operating in California have been plagued by ‘bounty hunter’ and government lawsuits brought under Proposition 65 – the California law that requires warnings about hazardous substances. The technical disclosure requirements have bedeviled many legitimate businesses for some time. From our continuous interaction with members of the hotel industry, it appears to us that many are not aware of new requirements they must meet by August 30, 2018.
We seek to identify the contemporary issues which we consider will be the most contentious and hence the ones which will take the most time to resolve. In our experience, negotiations are taking longer than was previously the case and in some instances significantly longer. These issues and the different perspectives and views that apply to them are significant contributors to the extension of time that negotiations are taking.
Protecting guests information (and employees information) from hackers is one of the biggest business challenges faced by hotel owners today. Data breaches can result in loss of reputation and loss of revenue, and can trigger costly lawsuits and government investigations.
California has enacted a number of new regulations related to labor and employment that go into effect when 2018 begins. Hotels owners and developers with properties in California need to be aware of how these rules apply to their workforce so they can meet their legal obligations and remain in compliance with the law.
At the Hotel Investment Conference held in Hong Kong in October we convened a session together with a panel of industry experts to discuss this topic. The audience consisted of over 230 conference participants. Judging by the number of attending participants, there was clearly significant interest in the topic.
JMBMs ADA Compliance and Defense team, led by my partner Marty Orlick, continues to help hotels and other businesses achieve compliance under the Americans With Disabilities Act (ADA), and is actively defending numerous ADA lawsuits brought against our clients. Today, he shares one of the stranger tales of serial ADA litigation and describes how the judicial system in New Mexico stopped the plaintiff and her lawyer from filing frivolous and malicious ADA lawsuits.
Impending eruption of government and private litigation over Resort Fees (mandatory service fees). Big shaking again. Is this the big one?