2016 Unofficial General Election Results

With hundreds of thousands of newly registered Florida voters since the last presidential election, the 2016 election cycle was certainly one of the most unprecedented elections in the state’s history. All 67 Florida counties offered early voting from October 29 through November 5, 2016, with additional days of early voting being allowed at the discretion of each county Supervisor of Elections. As early voting came to a close, nearly half of Florida’s registered voters had already cast their ballots for the general election by November 6.

For the 2016 election, all of Florida’s 40 state Senate seats were up for re-election. Currently, the Republican-controlled state Senate has 26 Republican seats compared to 14 Democratic seats. Following the 2016 general election, Republicans have 25 seats and the Democrats hold 15 Senate seats

All 120 state House seats were also up for re-election. Currently, the Republican-controlled state House has 81 Republican seats compared to 39 Democratic seats. Following the 2016 general election, the Republicans retained their majority with 79 House seats with the Democrats gaining two seats for a total of 41 House seats.

Four constitutional amendments appeared on Florida’s November 8 statewide general election ballot with only one failing to gain the necessary 60 percent vote for passage. Amendment 1, the controversial solar-energy ballot initiative, fell short of the 60 percent voter approval it needed in the general election. The ballot initiative was one of the most expensive constitutional amendment campaigns in Florida history. As of this report, the amendment had received support of only about 51 percent of voters.

For a full list of Florida’s “unofficial” 2016 General Election results:

Florida Senate
Florida House of Representatives
Florida Constitutional Amendments

For a complete list of federal, state, and local election results click here.

What You Need To Know: Florida Workers’ Compensation Insurance Rates, Minimum Wage Increase and Federal Overtime Regulations

Workers’ Compensation Rate Finalized

The Florida Office of Insurance Regulation (Office) has issued a Final Order granting approval to the National Council on Compensation Insurance (NCCI) for an overall combined statewide average rate increase of 14.5%. This rate increase applies to both new and renewal workers’ compensation insurance policies effective in Florida as of December 1, 2016.

NCCI received this approval after submitting an amended rate filing to the Office on October 4, 2016, which met the stipulations of an Order issued on September 27, 2016.

For more information about the NCCI public hearing and rate filing, visit the Office’s “NCCI Public Rate Hearing” webpage. To view or download a copy of the NCCI rate filing, access the I-File Forms & Rates Filing Search System and enter File Log #16-12500 into the “Quick Search” function.

Florida’s Minimum Wage increases to $8.10 per hour

The 2017 Florida minimum wage is $8.10 per hour, effective January 1, 2017. Florida law requires the Florida Department of Economic Opportunity to calculate a minimum wage rate each year based on the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12 month period prior to September 1, 2016. Click here for the “DEO Notice to Employees.”

Department of Labor Overtime Rule

In May 2016, DOL made drastic changes to the federal overtime regulations, which include more than doubling the salary threshold to be considered an exempt employee from $23,660 annually/$455 per week to $47,476 annually/$913 per week), resulting in greatly limited workplace flexibility and increased labor costs for restaurants across the country. Implementation begins December 1, 2016. This rule is too much, too soon.

Congress has proposed a common sense solution that will phase-in the salary threshold increase over five years. The “Overtime Reform and Review Act” would be extremely helpful as employers attempt to comply with the new regulation and absorb its impact. Act now and urge your legislators to co-sponsor S. 3464, the “Overtime Reform and Review Act.”

FRLA Honors First Responders and Celebrates Florida’s Hospitality Industry Stars at Awards Ceremony

(Orlando, Fla.) – The Florida Restaurant and Lodging Association (FRLA) honored local first responders who risked their lives to protect and serve during the Pulse tragedy, and recognized the restaurants, employees and guests statewide who supported Dine Out for Orlando United and raised more than $800,000 for the OneOrlando Fund. Speakers at the Hospitality Stars of the Industry Installation and Awards Gala included: Florida Governor Rick Scott, Attorney General Pam Bondi, Orange County Sheriff Jerry Demings and City of Orlando Mayor Buddy Dyer and Chef Emeril Lagasse. State Senator Aaron Bean served as the emcee for the evening.

During the event, which took place at the Hyatt Regency Orlando, on Wednesday, September 28, 2016, FRLA celebrated the stars of Florida’s hospitality industry. FRLA announced its 2017 Executive Committee and unveiled its 2016 Hall of Fame along with other industry award winners. A live auction at the conclusion of the event raised $9,800 for the FRLA Educational Foundation.

Don Fox, Chief Executive Officer for Firehouse of America, LLC, was named FRLA’s 2017 Chairman of the Board. Fox will preside over the FRLA, one of the state’s largest trade associations, representing more than 10,000 members in the hospitality industry.

FRLA congratulates its newly elected executive board and Hall of Fame award winners.

2017 FRLA Executive Committee:
Don Fox	Chairman	Firehouse of America, LLC, Jacksonville
Kevin Speidel	Vice Chair	Hilton Worldwide, Fort Lauderdale
Chau Nguyen	Secretary-Treasurer	Kobe Japanese Steakhouse, Orlando
Olivia Hoblit	Director 2016-17	Seaside Amelia Inn, Fernandina Beach
Alan Palmieri	Director 2017-18	Marlow’s Tavern, Orlando
Sheldon Suga	Director 2017-18	Hawk’s Cay Resort, Duck Key
Lino Maldonado	Immediate Past Chair	Wyndham Vacation Rentals, Fort Walton Beach

In addition, Hall of Fame Awards were given to individuals who have attained career distinctions of the highest level and were recognized for distinguished service to their industry, community, charitable organizations and family. The 2016 Hall of Fame is as follows:

2016 Restaurateur of the Year: Manuel “Manny” Garcia III, Davgar Restaurants Inc., Orlando The Garcia family has been steeped in the food and restaurant industry for many years. Beginning with his Burger King franchise, the successful restaurateur went on to introduce a number of new dining concepts to Central Florida including Pebbles Restaurants, Harvey’s Bistro and Manuel’s on the 28th Restaurant, and more recently in The Villages, City Fire American Oven & Bar and a tavern called Honest John’s Whiskey and Provisions. Garcia will once again break new ground with the mid-December grand opening of Wahlburgers, a casual burger restaurant founded by brothers Mark, Donnie, and Paul Wahlberg.

2016 Hotelier of the Year: Julian MacQueen, Innisfree Hotels, Pensacola Julian MacQueen’s hospitality career began five decades ago with a summer job as a busboy at a resort in Destin, Florida. He founded Innisfree Hotels in 1985, leaving a position as the Executive Vice President of Family Inns of America for the uncertainty of entrepreneurship. Since then, his company has grown from a single-property operation to one of the largest hotel companies in the southern United States, with more than 2,500 rooms owned and managed, 1,300 employees and revenues of $125 million.

2016 Supplier of the Year: Island Oasis Island Oasis has been a loyal FRLA allied member, exhibitor and sponsor for more than 15 years. They are one of the longest standing sponsors at our annual NRA/FRLA Bob Leonard Golf Classic, graciously serving their finest drink selections for our members to sample. Island Oasis also sponsors and participates at several chapter golf tournaments and events around the state. Tim Burks, National Accounts and Regional Sales Manager – Florida / Gulf Coast serves on the Allied Member Council and accepted this award on behalf of Island Oasis.

At the event, FRLA also announced annual award categories to recognize exceptional service throughout the state: Restaurant General Manager of the Year, Hotel General Manager of the Year, Restaurant Employee of the Year, Hotel Employee of the Year and Chef of the Year. Nominees and winners were chosen by a panel of independent industry judges.

Restaurant General Manager of the Year

Jim Garris, General Manager, Columbia Restaurant, Ybor City *WINNER

Clayton Green, General Manager, Another Broken Egg Cafe, Sandestin

Lindsey Smith, Senior Restaurant Manager, Orlando World Center Marriott

Hotel General Manager of the Year

Eduardo Fernandez, General Manager, Sonesta Fort Lauderdale Beach *WINNER – TIE

Rey Martinez, Resort Manager, Hyatt Coconut Plantation Resort, Bonita Springs

Tom Williamson, General Manager, Hampton Inn Cocoa Beach/Cape Canaveral *WINNER – TIE

Restaurant Employee of the Year

Lenny Jacobs, Kitchen Manager, Another Broken Egg Cafe, Sandestin

Stacey Landis, Bartender, Applebee’s, Venice *WINNER – TIE

Miranda Steele, Chef’s Office Coordinator, Orlando World Center Marriott *WINNER – TIE

Hotel Employee of the Year

Maria Colon, Executive Assistant, Hard Rock Hotel at Universal Orlando

Santiago Navarro, Assistant Front Office Manager, Sonesta Fort Lauderdale Beach *WINNER

Juan Rivera, Banquet Captain, Jupiter Beach Resort & Spa

Chef of the Year

Geraldo Bayona, Corporate Chef, Columbia Restaurant, Ybor City *WINNER

Tuong (Hirano) Ly, District Head Chef, Kobe Japanese Steakhouse, Altamonte Springs

James Routhier, Executive Banquet Chef, Orlando World Center Marriott

FRLA Educational Foundation Student of the Year

Tyler Chaffin, The Academy of Culinary Arts at Belleview High School, Ocala

Jose Murillo, Inlet Grove Community High School, Riviera Beach

Sofia Slimak, Mainland High School, Daytona Beach *WINNER

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2016 Primary Election “Unofficial” Results

Click here for the 2016 Primary Election “Unofficial” Results.

Florida had slightly more than 13.37 million registered voters for the August 30th primary – 4.69 million registered Democrats compared to 4.43 million registered Republicans. No party affiliation voters totaled about 2.91 million. For Florida’s primary, all 40 Senate seats and all 120 House seats are up for re-election.

Only one constitutional amendment appeared on Florida’s August 30th statewide primary ballot, but it is credited with helping drive up voter participation in the
election. The passage of Amendment 4 extends a residential renewable-energy tax break to commercial and industrial properties in hopes of boosting solar
development by incentivizing solar companies and Florida businesses to take advantage of tax credit. Amendment 4 was supported by the Florida Chamber of Commerce
and an array of other organizations, including the Florida Restaurant and Lodging Association, the Florida Association of Realtors, the Florida Retail Federation,
the Nature Conservancy, several Florida newspapers, including the Tampa Bay Times and the Tallahassee Democrat, and the group backing the amendment – Floridians for Solar Choice. All voters, regardless of party affiliation, were able to vote on Amendment 4 which required the support of at least 60 percent of voters to secure passage. The Florida Legislature must now pass a law to implement the new amendment in order to add it to Florida’s Constitution. Amendment 4 appeared on the Primary ballot at the direction of the state’s utility companies that didn’t want it to be confused with a separate, utility-backed solar amendment, known as Amendment 1, which will be on Florida’s November 8th General Election ballot.

Election results will be officially certified by Florida’s Department of State, Division of Elecions on Thursday, September 8th by 9:00 am (ninth day after the primary election).

42 people have already earned their seat in the Florida Legislature when they were unopposed at the end of the qualifying period, June 24, 2016:

Senators
SD 02 – George Gainer – REP
SD 04 – Aaron Bean – REP
SD 05 – Rob Bradley – REP
SD 06 – Audrey Gibson – DEM
SD 09 – David Simmons – REP
SD 10 – Wilton Simpson – REP
SD 20 – Tom Lee – REP
SD 21 – Bill Galvano – REP
SD 26 – Denise Grimsley – REP
SD 32 – Lauren Book – DEM
SD 33 – Perry Thurston – DEM
SD 35 – Oscar Braynon – DEM

Representatives
HD 007 – Halsey Beshears – REP
HD 017 – Cyndi Stevenson – REP
HD 020 – Clovis Watson – DEM
HD 032 – Larry Metz – REP
HD 033 – Don Hahnfeldt – REP
HD 034 – Ralph Massullo – REP
HD 037 – Richard Corcoran – REP
HD 038 – Danny Burgess – REP
HD 044 – Eric Eisnaugle – REP
HD 055 – Cary Pigman – REP
HD 057 – Jake Raburn – REP
HD 062 – Janet Cruz – DEM
HD 064 – James Grant – REP
HD 071 – Jim Boyd – REP
HD 075 – Michael Grant – REP
HD 077 – Dane Eagle – REP
HD 078 – Heather Fitzenhagen – REP
HD 081 – Joseph Abruzzo – DEM
HD 084 – Larry Lee – DEM
HD 089 – Bill Hager – REP
HD 094 – Bobby DuBose – DEM
HD 096 – Kristin Jacobs – DEM
HD 097 – Jared Moskowitz – DEM
HD 098 – Katie Edwards – DEM
HD 099 – Evan Jenne – DEM
HD 100 – Joe Geller – DEM
HD 101 – Shev Jones – DEM
HD 102 – Sharon Pritchett – DEM
HD 109 – Cynthia Stafford – DEM
HD 117 – Kionne McGhee – DEM

Gov. Scott: Florida Hits All-Time Record High for Tourism

MYERS, Fla. – Governor Rick Scott announced Florida set another record in tourism by welcoming the highest amount of visitors of any six months in the state’s history with 57.4 million visitors. This record amount represents a 4.3 percent increase over the year. In the second quarter of 2016, 27.3 million visitors came to the state, an increase of 3.1 percent over the year. The average number of direct travel-related jobs in quarter two of 2016 was also a record high, with 1,255,200 Floridians employed in the tourism industry – up 4.3 percent over the year.

Governor Scott said, “Today, I am proud to announce that Florida has continued our record breaking success and welcomed the most visitors in Florida’s history over the first six months of the year. It’s exciting that we are starting the first half of 2016 off with back to back record quarters which puts us on pace to reach our goal of 115 million tourists this year and $100 billion in visitor spending by 2020. In Florida, the health and safety of our visitors is a top priority and we look forward to welcoming even more visitors to the Sunshine State this year.”

VISIT FLORIDA estimates that 23.6 million domestic visitors traveled to Florida in the second quarter of 2016, which is a 4.6 percent increase over the same period last year.

Will Seccombe, President and CEO of VISIT FLORIDA said “The Florida tourism industry has a tremendous amount of momentum because every month we have millions of new visitors who are experiencing the best tourism product on earth and returning home to share their Florida memories with friends and family.”

Tourism and recreation taxable sales for Florida increased 6.1 percent year over year for January through April 2016 (last reported month). For quarter two of 2016, the average daily room rate (ADR) rose 1.4 percent and the demand in rooms sold grew 1.1 percent.

William D. Talbert, III, CDME, Chair of the VISIT FLORIDA Board of Directors said “The success of Florida tourism is directly attributable to the strong alignment between VISIT FLORIDA and our tourism industry partners, and their continued investment in strengthening the state’s incredible tourism product.”

To view additional Florida visitor data, please go to the Research page on VISIT FLORIDA’s media website.

*Preliminary estimates are issued 45 days after the end of each calendar quarter. Final estimates are released when final data are received for all estimates in the report.

Florida’s Hospitality Industry Raises More than $800,000 for Victims of Orlando Tragedy

(Orlando, Fla.) The Florida Restaurant and Lodging Association (FRLA) is honored to announce that the hospitality industry raised more than $800,000 to support the victims of the recent tragedy in Orlando. The funds were collected during Dine Out for Orlando United, a fundraising event led by the FRLA in partnership with VISIT FLORIDA, that took place on June 30, 2016. Nearly 1,500 restaurant locations across the state participated and their contributions were submitted directly to the OneOrlando Fund.

During the event, guests dined at participating restaurants and made direct donations. Restaurateurs donated a percentage of their daily receipts, from 10 percent to 100 percent, to the Fund. Employees worked a shift, volunteered their time, or donated a portion of their tips. Businesses raised awareness by promoting, organizing or donating directly to the OneOrlando Fund. Local establishments reported lines out the door throughout the day, specifically for the Dine Out for Orlando United effort.

“I am in awe of our friends, family and colleagues in hospitality, who offered their help and hearts to ensure our Sunshine State remains strong,” said Carol Dover, President and CEO of the Florida Restaurant and Lodging Association. “Thank you to Orlando Mayor Buddy Dyer and Florida Governor Rick Scott for dining with us on Thursday, and their steadfast support of Dine Out for Orlando United. We are incredibly proud to take part in Orlando’s healing, grateful for those who contributed to this effort and are continuing to pray for the victims, their families and our community.”

As a number of restaurants continue to report their contributions in the coming weeks, the final donation amount is expected to grow. The OneOrlando Fund is a project of Strengthen Orlando, Inc., a 501(c)(3) nonprofit corporation created for the purpose of supporting and starting projects to strength the Orlando community. Funds received into the OneOrlando Fund are directly distributed to victims’ families and survivors in an open, transparent and fair manner.

Please visit the following links to access photos, a recap video and a list of participating restaurants.

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About the Florida Restaurant and Lodging Association
FRLA is Florida’s premier non-profit hospitality industry trade association. Our mission is to ‘Protect, Educate and Promote’ Florida’s $82 billion hospitality industry which represents 23% of Florida’s economy and more than 1.1 million employees – making it the state’s number one industry. We offer regulatory compliance and food safety training needs (RCS and SafeStaff®); industry developed career-building high school programs (FRLAEF); sponsor the only event in Florida exclusively serving the restaurant and foodservice industry (FR&L Show, September 27-29, 2016 in Orlando); and we safeguard the needs of the hospitality industry by providing legislative advocacy. We represent and serve more than 10,000 independent and household name members, suppliers, and theme parks. For more information, go to www.FRLA.org and find us on Twitter @FRLAnews, Facebook and YouTube.

World-Renowned Hospitality Leaders Share Industry Insights at FRLA’s Marketing + Operations Summit

(Boca Raton, Fla.) The Florida Restaurant and Lodging Association (FRLA) is proud to present its annual Marketing + Operations Summit, scheduled for Wednesday, July 27 and Thursday, July 28 at the Boca Raton Resort & Club. The two-day event is designed to spotlight hospitality industry leaders who have instituted best practices in their own companies and introduce new business trends to increase sales and customer satisfaction. Featured presenters from Technomic, BRAND USA,The Ritz-Carlton, The Biltmore Hotel, Bloomin’ Brands, World of Beer, Fontainebleau and Smith & Wollensky will share marketing and operation tips and techniques on how to manage your restaurant or hotel more effectively.

“This is a unique opportunity for our colleagues in hospitality to engage with powerful industry leaders, learn innovative techniques and interact with creative suppliers. This Marketing + Operations Summit is a must-attend event, designed to help businesses keep their finger on the pulse of what’s hot in hospitality,” said Carol Dover, President and CEO of the Florida Restaurant and Lodging Association.

For a full schedule of events, including speaker bios, please click here. Media is invited to attend portions of the two-day event and asked to contact FRLA Communications and Marketing Director, Elizabeth Ray at [email protected] or 813-469-3311 for confirmation.

WHEN:
Wednesday, July 27, 2016
*Registration opens at 11:00 AM
11:30 AM – 12:00 PM Welcome
12:00 – 12:45 PM General Session: Kelly Frailey Covato, Client Partner-Global Marketing Solutions, Facebook
1:00 – 2:15 PM Keynote: Scott Stratten, President of Un-Marketing
2:30 – 5:15 PM Breakout Educational Sessions

Thursday, July 28, 2016
8:15 – 9:30 AM Breakout Educational Sessions
9:30 – 10:30 AM Keynote: Don Yaeger, Business Leadership Coach
11:00 – 11:45 AM Breakout Educational Sessions
1:00 – 2:00 PM Keynote: John Moore, Branding Expert from Starbucks + Whole Foods

WHERE:
Boca Raton Resort & Club
501 E Camino Real
Boca Raton, FL 33432
561-447-3000

COST:
Pre-Registration: $189
At The Door: $199
Ticket price includes welcome reception, breakfast, dinner and lunch. Hotel accomodations not included. Seating is limited.

For registration and additional information, please visit: http://frla.org/event/summit/. To see photos from last year’s event please click here or to view a video, click here. Additionally, be sure to follow this event live on social media by searching for #FRLASummit.

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Florida’s Hospitality Industry Hosts Statewide Dine Out for Orlando United to Support Victims, Families and Community

(Orlando, Fla.) – To help victims and their families in the aftermath of the shooting in Orlando, Florida’s hospitality industry is offering its support by hosting a statewide community event on Thursday, June 30, 2016. Led by the Florida Restaurant and Lodging Association in partnership with VISIT FLORIDA, the fundraiser, “Dine Out for Orlando United,” will be a day for Florida restaurants, their employees and guests to make a difference in the lives of those affected by the tragedy. All proceeds raised will be donated to the OneOrlando Fund, which is designed to provide a way to respond to the needs of the local community, now and in the time to come.

“Our hearts and prayers are with the victims and their families. As an industry, we want to continue to rally around them by offering our support, time and resources. Pulse is a member of the FRLA, a part of our hospitality family and we are proud to lend support. We encourage all Floridians and visitors to participate in this Dine Out to help the entire Orlando community,” said Carol Dover, president and CEO of the Florida Restaurant and Lodging Association.

“The Florida tourism industry stands united as a community. This is a wonderful way for restaurants and Floridians statewide to come together in solidarity with the Orlando community and make a difference,” said Will Seccombe, president and CEO at VISIT FLORIDA.

“We are grateful for the support and leadership of Florida’s hospitality industry as we continue to work together to help the victims of this tragedy. We want to encourage everybody to dine out on June 30 to help raise money for the families of the victims,” said Buddy Dyer, Mayor of Orlando.

During the event, guests across the state are encouraged to dine at a participating restaurant and/or choose to make a direct donation. Employees can work a shift, choose to volunteer their time or donate a portion of tips. Businesses can join our list of participants and help us promote, organize and/or donate.

To participate, restaurants can:

Donate a portion of total sales
Collect donations received from guests and staff
Donate a portion of total profits
Make a donation for every sale of a specific item
Identify a set donation amount

Media is asked to contact FRLA Communications Director, Elizabeth Ray at [email protected]. For restaurants interested in participating in the event, please contact Dan Murphy at [email protected]. More information, along with a growing list of participating restaurants, will be available online at http://frla.org/dine-out-orlando/.

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About OneOrlando Fund
Orlando Mayor Buddy Dyer announced the formation of the OneOrlando Fund. The purpose of the Fund is to provide a way to help respond to the needs of our community, now and in the time to come, after the effects of the Pulse tragedy. The distribution of the funds will be administered by the Central Florida Foundation. The Foundation serves as the region’s community foundation and is home to more than 400 charitable funds. For information regarding the OneOrlando Fund or to make a wire transfer, please contact [email protected].

MIAMI REPORT REVEALS $76 MILLION OF AIRBNB REVENUE IN MIAMI CAME FROM OPERATORS LISTING MULTIPLE UNITS FOR RENT

The American Hotel & Lodging Association (AH&LA) today released a new study that provides a detailed analysis of the rise in commercial activity taking place in Miami on Airbnb, one of the most trafficked short-term rental websites. The study was conducted by John O’Neill, MAI, ISHC, Ph.D., professor of hospitality management and director of the Center for Hospitality Real Estate Strategy in the School of Hospitality Management at Penn State University, and examined activity on Airbnb between October 2014 and September 2015.

The report shows that among the 14 markets studied, Miami has the highest percentage of multi-unit operators on Airbnb and full-time operators, those renting units out full-time.

Key findings:

Full-time operators – those who listed their unit(s) for rent more than 360 days per year – accounted for more than $47 million or nearly 40% of Airbnb’s revenue in the Miami area, a higher percentage than in any of the other cities studied.
Three-quarters (76%) – of Airbnb’s revenue in the Miami metropolitan area (more than $93 million) came from the nearly 30% of operators who listed their unit(s) for rent for more than 180 days per year.
Almost two-thirds (62%, the highest percentage of the 14 cities studied) of Airbnb’s revenue in the Miami region – more than $76 million – came from operators who listed multiple units for rent.
The five Miami-area ZIP codes with the most properties listed on Airbnb accounted for more than $79 million, or 65% of Airbnb’s revenue in the Miami metropolitan area.

“As in many popular tourist destinations across the country, commercial landlords here in Miami are using short-term rental platforms like Airbnb to operate illegal hotel businesses that dodge taxes and duck rules and regulations that were put in place to protect our guests and the communities where we operate,” said Stefano Frittella, owner of the Pelican Hotel in Miami. “Furthermore, by driving up the cost of rent in the Miami area, illegal hotel operators on Airbnb are exacerbating the housing crisis that is hurting so many working families in Miami, making it harder to live and work in our communities.”

“These illegal businesses are not only disrupting Miami’s communities, but they are undermining one of the most important sectors of our economy. Florida’s hotel and lodging industry is an important segment of the state’s economy, employing more than 160,000 residents and generating $5.4 billion annually in state, local and federal taxes,” said Carol Dover, President & CEO of the Florida Restaurant and Lodging Association. “Illegal operators on Airbnb are threatening the business climate that Miami has worked so hard to develop. If Airbnb wants to be a legal player in the lodging industry, they should have to follow the same basic rules as everyone else in order to ensure fairness, respect communities, and protect consumers.”

“Unregulated hotels operated in residential properties are disruptive to communities and pose serious safety concerns for guests, for communities and for neighborhoods,” said AH&LA President and Chief Executive Officer Katherine Lugar. “In Miami, as in cities around the country, we have seen that Airbnb is unwilling to be transparent with its data and be a partner in creating safe environments for its users and the communities in which it operates. And now we know why: a growing portion of Airbnb’s revenue comes from commercial landlords using the platform to operate unregulated and often illegal lodging businesses. This problem is particularly acute in Miami, where – more than in any of the 14 cities studied – multi-unit and full-time operators drive Airbnb’s revenue. Policymakers in Miami, in Florida and across the country should act to ensure a fair travel marketplace by closing the illegal hotel loophole.”

Miami is the fourth of 14 cities profiled in a series of reports that comprise a second phase of an analysis into the commercial activity being transacted on Airbnb’s platform. The initial analysis (“From Air Mattresses to Unregulated Business: An Analysis of the Other Side of Airbnb”) was released in January 2016.

The full report is available for download on the AH&LA website at www.ahla.com.

Alert: Key Provisions of Overtime Ruling

On May 18, 2016, President Obama and Secretary Perez announced the publication of the Department of Labor’s final rule updating the overtime regulations, which will automatically extend overtime pay protections to over 4 million workers within the first year of implementation.

In 2014, President Obama signed a Presidential Memorandum directing the Department to update the regulations defining which white collar workers are protected by the FLSA’s minimum wage and overtime standards. Consistent with the President’s goal of ensuring workers are paid a fair day’s pay for a hard day’s work, the memorandum instructed the Department to look for ways to modernize and simplify the regulations while ensuring that the FLSA’s intended overtime protections are fully implemented.

The Department published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on July 6, 2015 (80 FR 38515) and invited interested parties to submit written comments on the proposed rule at www.regulations.gov by September 4, 2015. The Department received over 270,000 comments in response to the NPRM from a variety of interested stakeholders. The feedback the Department received helped shape the Final Rule.

Key Provisions of the Final Rule

The Final Rule focuses primarily on updating the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt. Specifically, the Final Rule:

Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year worker);
Sets the total annual compensation requirement for highly compensated employees (HCE) subject to a minimal duties test to the annual equivalent of the 90th percentile of full-time salaried workers nationally ($134,004); and
Establishes a mechanism for automatically updating the salary and compensation levels every three years to maintain the levels at the above percentiles and to ensure that they continue to provide useful and effective tests for exemption.

Additionally, the Final Rule amends the salary basis test to allow employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level.

The effective date of the final rule is December 1, 2016. The initial increases to the standard salary level (from $455 to $913 per week) and HCE total annual compensation requirement (from $100,000 to $134,004 per year) will be effective on that date. Future automatic updates to those thresholds will occur every three years, beginning on January 1, 2020.

Although the Office of Management and Budget (OMB) has reviewed and approved the Final Rule, the document has not yet been published in the Federal Register. The Final Rule that appears in the Federal Register may contain minor formatting differences in accordance with Office of the Federal Register publication requirements. The OMB-approved version is being provided as a convenience to the public and this website will be updated with the Federal Register’s published version when it becomes available.

For more information from the Department of Labor, including a fact sheet, please click here.