Given the uncertainty, employers should remain focused on meeting the compliance requirements of the ETS rather than banking on judicial intervention.
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Delivering Hospitality Legal & Safety News to Your Inbox

November 2021's Converge Newsletter
How to Prepare for OSHA's Workplace Vaccination Requirements
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November 29, 2021 via Hotel Management
On Sept. 9, U.S. President Joseph Biden issued a memorandum entitled "Path out of the Pandemic," which addresses the White House’s strategy for combating the ongoing global health crisis caused by COVID-19. Most significantly, Biden’s plan expressly directed the Occupational Safety and Health Administration to develop an emergency rule in order to increase the number of vaccinated workers in the private sector.

Similar to the rollout of the vaccination mandate for health-care workers, President Biden instructed OSHA to issue the rule through the Emergency Temporary Standard procedure, which allows OSHA to enact and enforce regulations immediately where a "grave danger" to worker safety is present.

In mid-October, OSHA completed its rule and sent it to the White House’s regulatory office for final review. On Thursday, Nov. 4, the ETS was released for publication in the Federal Register.

... Unsurprisingly, the first legal challenge has already been filed. On Nov. 5, Kentucky, Idaho, Ohio, Oklahoma, Tennessee and Virginia filed an emergency motion for stay of the ETS pending final judgment, which asks the court to put the ETS on hold until the legal merits of the challenge are decided. The motion was granted the next day. It is unclear how the court will respond to argument; however, more challenges are likely to follow. Given the uncertainty, employers should remain focused on meeting the compliance requirements of the ETS rather than banking on judicial intervention.
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Global Hospitality and Travel Industry Adjusts to Legal Realities of Covid-19

November 19, 2021 via The Global Legal Post
A high-level group of GCs from the sector gathered last month for the first of a series of Luxury Law Alliance roundtables to take stock of the unique situation they have faced and plot the path to full recovery... The attendees heard how in-house counsel have been kept busy as companies seek to revamp their policies and amend their terms and conditions to adjust to the new normal.
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Marriott Agrees to Include Resort Fees in Upfront Pricing After Reaching Settlement with Pennsylvania AG

November 19, 2021 via USA Today

The Maryland-based hospitality company has committed to show the sum of its room rates and all mandatory fees – including resort fees – on the first page of its booking website after reaching a settlement with the attorney general's office...Changes are set to be implemented within the next nine months.
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Everything You Should Ask Or Be Told When You’ve Been Exposed To COVID At Work

November 9, 2021 via Huffpost

...knowing what your company will do if a co-worker tests positive for COVID is so important ― not only for stopping the spread of the coronavirus but also for allaying concerns. Unfortunately, there is also a lot of confusion around what should happen, what employers are allowed to share, and what you can rightfully ask.
The Top 30 Hospitality Global Gurus of 2022
notice sign that reads "Proof of vaccination required upon entry" on business window
How to Prepare Your Hospitality Business for Proof of Vaccination Laws
November 1, 2021 via HospitalityNet

Cities and counties continue rolling out mandates requiring many businesses to demand customers show proof of vaccination before being allowed inside. These orders, which apply to businesses where people congregate, may be easier to enforce for nightclubs, stadiums or amusement parks, because they already have security operations regularly checking IDs and providing support.

Independent hotels and restaurants, who make up a big segment of the hospitality industry, might be less prepared to turn a host who greets and seats guests into a vaccination bouncer.
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