Fullscreen

AH_224_Dec-Jan-2024

Welcome to interactive presentation, created with Publuu. Enjoy the reading!

December/January 2024 Volume 23 #221

Hotel companies in the news include:

CitizenM, KB Hotels, Highrock Hospitality LLC, WOW Resorts, Hersha Hospitality

Where it all began

Book chronicles the Patels’

quest for the American Dream

Tech offers independents

a helping hand

All-in-one software offers cost savings and

efficiency close to level of branded hotels

Hospitality highlights

from 2023

Choice's bid for Wyndham and AAHOA's

push for fair franchising and gender diversity

made headlines during the past year

©2019 North American Bancard is a registered ISO of Wells Fargo Bank, N.A., Concord, CA, and The Bancorp Bank, Philadelphia, PA.

American Express may require separate approval. *Durbin regulated Check Card percentage rate. A per transaction fee will also apply.

**Some restrictions apply. This advertisement is sponsored by an ISO of North American Bancard. Apple Pay is a trademark of Apple Inc.

GROW YOUR BUSINESS. PARTNER WITH NAB TODAY!

866.481.4604

FREE NFC & EMV-READY

TERMINAL & PIN PAD

OR WIRELESS

TERMINAL

COMPATIBLE WITH

GAS CARDS

WRIGHT EXPRESS

FLEET CARDS

VOYAGER

AND MORE…

FREE Credit Card Terminal Placement Wireless/Landline/High-Speed/Dial-Up

Easy setup (with no setup fees and quick approvals)

Seamless integration with your current POS

$295** towards your early termination fee (if you have one) with your current processor

Access to Payments Hub – our secure, online merchant portal

Free paper**

WWW. NYNAB.COM

NAB makes it easy to offset your credit card processing

fees with our non-cash adjustment.

ELIMINATE UP TO 100%

OF YOUR CREDIT CARD PROCESSING FEES!

• Send digital receipts:

Email or SMS a receipt

• Send Invoices

• Integrate to Your

Point of Sale

with

4G / Wifi

OPTIONAL PROGRAMS:

EDGE: The Best CASH DISCOUNT PROGRAM

from North American Bancard

Are you ready to get rid of the impact of payment processing costs

on your business?

With the Edge Cash Discount program you will enjoy the same profit

margins from cash payments as you do from non-cash payments.

• Curbside Ordering

• Point of Sale Systems

Recommendations, Solutions

& Integrations

• Accept EBT/Snap

Low Transaction Fee

Accept EMV/NFC

(Apple Pay, etc.) EBT,

Snap, Checks and more

Pay-at-the-pump

compatible

Next Day Funding with

weekend settlement

 FREE Credit Card Terminal Placement Wireless/Landline/High-Speed/Dial-Up

 Easy setup (with no setup fees and quick approvals)

 Seamless integration with your current POS

 $295** towards your early termination fee (if you have one) with your current processor

 Access to Payments Hub - our secure, online merchant portal

 Free paper**

SWITCH NOW AND GET YOUR FREE TERMINAL

© 2023 North American Bancard, LLC (NAB). All rights reserved. NAB is a registered ISO of BMO Harris Bank N.A., Chicago, IL, Citizens

Bank N.A., Providence, RI, The Bancorp Bank, Philadelphia, PA, and First Fresno Bank, Fresno CA. American Express may require

separate approval. *Durbin regulated Check Card percentage rate. A per transaction fee will also apply. **Some restrictions apply. This

advertisement is sponsored by an ISO of North American Bancard. Apple Pay is a trademark of Apple.

SMART TERMINAL

STANDARD TERMINAL

PAY AT THE PUMP

COMPATIBLE

Rates As Low As 0.05%*

SAVE MONEY

SAVE MONEY TODAY!

TODAY!

REDUCE YOUR CREDIT CARD PROCESSING FEES

GROW YOUR BUSINESS. PARTNER WITH NAB TODAY!

866.481.4604

WWW.NYNAB.COM

Contents

Contents

COVER STORY

18 Tech offers independents a helping hand

All-in-one software offers cost savings and

efficiency close to level of branded hotels

NEWS

5 Choice continues its pursuit of Wyndham,

launches exchange offer

Wyndham board says offer isn’t in

shareholders’ best interests

6 L.A. homelessness ballot measure

withdrawn, new ordinance passed

AAHOA, local hoteliers opposed to new

permit’s requirement of a police permit for

hotels

8 Supreme Court vacates ‘tester lawsuit’ case

The court ruling said the subject of standing

for ADA lawsuits filed by plaintiffs who had no

intention of staying at the hotel being sued

remains open

9 AHLA, others sue Biden Administration over

NLRB joint-employer definition

Also, a group of mostly Republican Congress

members have introduced a resolution to

overturn the recent ruling

10 Hersha, KSL Capital finalize acquisition

The REIT has now gone private, delisted from

the NYSE

Asian Americans to develop $1.3 billion resort

in Dubai, UAE

The JW Marriott resort, featuring residences

and 300 hotel rooms, is scheduled to open

in 2026

12 Former AAHOA chairwoman Panwala

testifies against proposed overtime rules

change

Speaking on behalf of AHLA, she told a

Congressional committee the proposed

increase in the overtime threshold could raise

costs, limiting employee options

2023 RECAP

13 Hospitality highlights from 2023

Choice's bid for Wyndham and AAHOA's push

for fair franchising and gender diversity made

headlines during the past year

DESIGN

16 Freestyling in Flagstaff

Aiden by Best Western boutique hotel opens

in Arizona city

LITERATURE

23 Where it all began

Book chronicles the Patels’ quest for the

American Dream

Gujarati translation of top stories begins on

page 26

On The Cover

Timesh Patel, hospitality director for Paloma

Realty Partners in Venice Beach, California,

and owner of the independent boutique

Los Angeles Inn & Suites (shown in a 2019

photo) says technology today offers all-in-run

property management capabilities equal to

what a branded hotel may have.

CONTENTS

ISSUE 221

DEC/JANUARY 2024

18

COMING

NEXT ISSUE:

NEW YEAR, NEW

DEBATE ON FAIR

FRANCHISING

Contents

Contents

12

10

16

www.asianhospitality.com

DECEMBER/JANUARY 2024 ASIAN HOSPITALITY

13

23

ISSN 1938-8837

ID. Statement : Periodicals Postage paid@

Norcross, GA, USA. and additional mailing offices

• Permit No: 025258

US Postmaster, please send address changes to: Garavi Guja-

rat Publications (USA) Inc., 2021 Beaver Ruin Road, Norcross,

GA 30071-3710 ©Asian Hospitality is published monthly by

Garavi Gujarat Publications (USA) Inc, a division of the Asian

Media & Marketing Group, 2020 Beaver Ruin Road, Norcross,

GA 30071 • Tel: 770.263.7728 • Fax: 770.263.8617

Printed

by

Printed

by

RRDonnelley.

Qualified

US

subscribers receive Asian Hospitality free of charge. No

part of this publication may be reproduced or transmitted

in any form or by any means without the written

permission of the publisher.

MEMBER OF BPA WORLDWIDE

© Asian Media Group USA Inc. 2024

ASIAN MEDIA GROUP USA INC.

2020 Beaver Ruin Road

Norcross, GA 30071-3710

T: 770-263-7728 F: 770-263-8617

Email: [email protected]

Founding Editor: Ramniklal C. Solanki CBE

1931- 2020

Managing Editor Group: Kalpesh R. Solanki

[email protected]

Executive Editor: Shailesh R. Solanki

[email protected]

Senior Editor: Ed Brock

[email protected]

O: 770-246-0572

Associate Publisher: Nirmal Puri

O: 770 246 0543 / M : 770 364 2347

[email protected]

U.S. Office Manager: Dharmesh Patel

O: 770-263-7728

[email protected]

Accounts: Kamal Desai

[email protected]

Art Department: Kamlesh Patel

[email protected]

Circulation Manager: Saurin Shah

[email protected]

Digital Media: Aditya Solanki

[email protected]

INDIA

AMG Business Solutions Pvt Ltd.

909 Gala Empire, Opp. TV Tower

Near Drive In Road, Thaltej

Ahmedabad – 380052, Gujarat, INDIA

Tel: (079) 65499233

Email: [email protected]

Resident Editor: Harshvardan Trivedi

[email protected]

Production Managers: Chetan Meghani /

Viraj Chaudhari

It rhymes with more

’m not necessarily one for signs and omens, but I

do find it encouraging that this new year rhymes with “more.” Anyway, I guess

it’s really a matter of what comes after the “more,” good things or bad.

If you’ll indulge me, I’m going to begin with some self-promotion of one

of the good things. The second printing of my novel “Pale in Death” is now

available from Down & Out Books. You can look it up on the publisher’s site

or Amazon.

And yes, it’s the second printing. My first publisher went belly up five or six

years ago so I’m hoping for a better outcome this time.

But, enough about me.

What are the good things for the hotel business that we need more of over the

next 12 months?

Well, more travel would be good, and that seems to be the case. By September,

travel spending in the U.S. had reached $104 billion, according to the U.S. Travel

Association. It is projected to exceed $198 billion this year according to the website

Statista.

So that’s good, but we all know that the travel industry only thrives in good

economic times, so will those continue? Hard to say. That recession that was

supposed to hit last year seems to be looming still, but not as much. Economist

David Rosenberg said in an interview on the Wealthion webcast that he expects a

soft landing with meager growth, with positive results for the stock market.

At the same time, he warned that this could still “morph into that recession that

miraculously didn’t happen last year” as earnings expectations come down. In

another interview on CNBC, Rosenberg again said it was “premature to throw in

the recession towel” as 2024 rolls out.

Well, ok, then.

In the “more bad” category, this is an election year.

No, I’m not going to give predictions or predilections on the outcome of that

election. But elections in general tend to rile things up, and it’s no secret that

our political process has verged toward chaos in recent years. The presidential

candidates haven’t officially been decided yet, but almost certainly we’re looking

at a replay of 2020 and we all know how that went.

Well, some of us seem a bit deluded about how that went, actually, but I’ll

go no further in that direction. That way madness lies.

In the end, for now, I’m keeping on the sunny side and saying this year will be,

as Spike Lee once put it, “mo better.” Be sure, I’m wishing that for all of you.

Edward J. Brock, Senior Editor

[email protected]

Follow Asian Hospitality online...

www.facebook.com/asianhospitality

twitter.com/amg_ah

www.asianhospitality.com

Editor's Letter

Editor's Letter

www.asianhospitality.com

4 ASIAN HOSPITALITY DECEMBER/JANUARY 2024

News

News

www.asianhospitality.com

DECEMBER/JANUARY 2024 ASIAN HOSPITALITY

hoice Hotels International in

December continued its bid

to acquire Wyndham Hotels

& Resorts after twice being rejected

by Wyndham’s board of directors.

Choice launched an exchange offer

“to present its compelling proposal

directly to Wyndham shareholders”

and plans to nominate its own

candidates for Wyndham’s board.

However, Wyndham’s board

continues its refusal to accept the

offer, saying it remains substantially

the same as the last bid it rejected

and does not address the board’s

concerns about the deal’s

regulatory viability and benefits

to stockholders. It also said in a

statement that Choice currently owns less

than 1.7 percent of Wyndham common

stock and is “restricted from further

purchases without antitrust approval.”

Pressing its case

In its own statement released in

December, Choice said it had decided to its

“compelling proposal” was too important

for both companies to let go.

“Choice continues to believe that

a transaction with Wyndham is pro-

competitive and would generate value for

both Wyndham and Choice shareholders

as well as deliver significant benefits to

franchisees, guests and associates of both

companies,” the company said.

In its original proposal, made public in

October, Choice said it sought to acquire

all the outstanding shares of Wyndham at

a price of $90 per share and shareholders

would have received $49.50 in cash and

0.324 shares of Choice common stock for

each Wyndham share they own. Choice

claimed that is a 30 percent premium to

Wyndham’s 30-day volume-weighted

average closing price ending on Oct. 16,

an 11 percent premium to Wyndham’s 52-

week high, and a 30 percent premium to

Wyndham’s latest closing price.

Wyndham’s board unanimously

rejected Choice’s proposal, calling it

unsolicited, “highly conditional” and not

in the best interest of shareholders. On

Nov. 14, however, Choice sent a letter to

the Wyndham board with an “enhanced

proposal” intended to address Wyndham’s

concerns about clearing federal regulations.

Among the changes proposed are:

Reverse termination fee of $435 million,

or approximately 6 percent of the total

equity purchase price.

A regulatory ticking fee of 0.5 percent of

the total equity purchase price per month.

Choice agrees to an outside date 12

months post-signing of a definitive

agreement, with two 6-month extensions

exercisable by either party, if regulatory

approvals have not been obtained by such

date.

“While we would have preferred to

come to a negotiated agreement, the

Wyndham board’s refusal to explore a

transaction has left us with no choice but

to take our proposal directly to Wyndham’s

shareholders,” said Patrick Pacious, Choice’s

president and CEO.

Choice also announced that it currently

holds approximately 1.5 million shares

of Wyndham common stock, valued at

more than $110 million. The company has

filed forms under the Hart-Scott-Rodino

Antitrust Improvements Act of 1976 with

the U.S. Federal Trade Commission to

begin the approval process, and it is taking

another step aimed at changing Wyndham’s

position on the merger.

Choice intends to nominate a slate of

directors to Wyndham’s board at that

company’s 2024 Annual Shareholder

Meeting. In late December, Choice released

another statement saying Wyndham was

mischaracterizing its offer.

“Wyndham’s comments call into

question their ability to properly

support franchisees while also

generating shareholder value through

M&A,” the Choice statement said.

“The U.S. Federal Trade Commission

will come to its own independent

assessment of the proposed

transaction’s competitive merits based

on the specific facts, like it does on

every M&A transaction. Attempting

to use the FTC to prevent Wyndham

shareholders from even accessing

the option of a merger with Choice

robs them of meaningful upside from

the combination or, at a minimum,

the substantial break-fee Choice

has offered in the unlikely event the

transaction were not to receive the requisite

regulatory clearance.”

The answer is still no

Wyndham’s board acknowledged Choice’s

latest offer but it remains unmoved in its

opposition to it.

“Choice has, once again, failed to address

the major value gap and risks of their

offer – which remains virtually unchanged

from the terms outlined in their previous

unsolicited proposal,” said Stephen Holmes,

chairman of the board. “The core issues we

have articulated remain the same: a likely

prolonged regulatory review period of up to

24 months with an uncertain outcome; the

pure inadequacy of the offer from a valuation

standpoint, including the significant equity

component of Choice stock; and the lack

of consideration for Wyndham’s superior,

standalone growth prospects.”

Those concerns include the risk

to Wyndham shareholders given the

uncertainty around antitrust approval

withing a 24-month timeline; he

undervaluation of Wyndham’s standalone

growth prospects; and he value of Choice

shares relative to its growth prospects.

Wyndham’s board said it would advise

shareholders of its recommendation

regarding the offer within 10 business days

from Choice’s last offer.

“Wyndham shareholders are urged

not to take any action with respect to

the offer until the board announces its

recommendation,” the board said.

Choice continues its pursuit of

Wyndham, launches exchange offer

Wyndham board says offer isn’t in shareholders’ best interests

Choice Hotels International is continuing its bid to acquire Wyndham

Hotels & Resorts despite two rejections by the latter’s board of

directors. Choice has launched an exchange offer and plans to

nominate candidates for Wyndham’s board.

News

News

www.asianhospitality.com

6 ASIAN HOSPITALITY DECEMBER/JANUARY 2024

A

ballot measure in Los Angeles that

would have required hotels in the

city to house the homeless along

with paying guests has been officially

withdrawn from consideration. However,

the Los Angeles City Council also passed

an ordinance to replace the ballot measure

that some local hoteliers also protest.

The ballot measure, sponsored by

Unite Here Local 11 hospitality workers

union, would have required hotels to

house homeless voucher holders with

regular guests, spurring protests by

AAHOA, the American Hotel & Lodging

Association and others. On Dec. 5, Unite

Here agreed to withdraw that ballot

measure, which was going to go before

voters in March.

At the same meeting, the council

approved the Responsible Hotel Ordinance

to replace the ballot measure and that

would allow hotels to voluntarily make

vacant rooms available for interim housing

for the homeless. It also would require

developers of new hotel properties to obtain

a conditional use permit through a public

review of the proposed development’s

impact on the existing housing supply

and to replace any housing that would

be demolished or otherwise lost in the

neighborhood.

Also, hotel developers and owners of

existing hotels, as well as owners of short-

term rental properties, would be required

to obtain a police permit that would screen

owners and operators of those properties

for prior criminal activity or any history of

creating a public nuisance. The ordinance is

now awaiting the signature of Los Angeles

Mayor Karen Bass.

Several hoteliers and short-term rental

property owners attended the meeting in

early November during which the new

ordinance was introduced and took issue

during public comments, particularly with

requirement for a police permit. Ray Patel,

president of the Northeast Los Angeles

Hotel Owners Association, was among

them.

“I am not happy with the new ordinance,”

Patel said. “The association will continue to

fight the new ordinance which imposes a

police hotel permit section.”

The protest continues

AHLA and AAHOA both praised the

withdrawal of the Unite Here ballot

measure.

“[The] vote by the council removes

Unite Here’s ridiculous homeless-in-hotels

proposal from the ballot, and the union’s

consent to this vote makes clear that its

irresponsible demand was just a bargaining

chip, rather than a serious attempt to

address the homelessness crisis gripping

L.A.,” said Chip Rogers, AHLA president

and CEO.

AAHOA said in its statement the

voluntary housing component of the new

ordinance is an improvement over the

previous ballot measure. At the same time,

the association said it also thinks some

changes should be made to the police

permitting section of the ordinance are

recommended.

The police permitting requirement also

would lead to uncertainty for hoteliers

because they will not know each year if

they will receive the permit or not, AAHOA

said. Banks might avoid renewing hotel

loans and demand immediate full payment

of loans from hoteliers and hoteliers may

be discouraged from investing in their

properties due to the uncertainty.

“This section imposes an onerous

process that, among other things, could

potentially lead to the denial of a hotel

permit for up to five years with no rights to

appeal if a hotel is ‘found’ by an unspecified

adjudicator to have violated any federal,

state, or local employment laws,” AAHOA

said. “It also generally references prohibited

activities that are broadly worded and

nonspecific and might arise because of

unruly guests’ activities that a hotel owner

has worked hard to prevent.”

AAHOA is asking that the Los Angeles

Planning and Land Use Management

Committee consider the impact the police

hotel permit on the local hotels, especially

the limited-service hotels owned by

minority and immigrant hoteliers.

Paul Krekorian, L.A. Council president

responded to concerns about the police

permit requirement during the first meeting

in November. Specifically, he addressed his

response to short-term rental hosts who

were concerned that police would inspect

their properties.

“The draft ordinance that's before us

today would already provide for automatic

acceptance of an application for the police

permit. All you have to do is apply and

unless there is opposition presented by

someone that application will automatically

be approved,” Krekorian said.

L.A. homelessness ballot measure

withdrawn, new ordinance passed

AAHOA, local hoteliers opposed to new permit’s requirement of a police permit for hotels

The Los Angeles City Council accepted the withdrawal of a ballot measure proposed by hospitality

labor union Unite Here Local 11 that would have required hotels in the city to house the homeless

alongside paying guests. AAHOA and the American Hotel & Lodging Association protested the ballot

measure, and AAHOA remains concerned about a requirement in the city’s new Responsible Hotel

Ordinance that requires hotels to receive a permit from the police department to operate.

News

News

www.asianhospitality.com

DECEMBER/JANUARY 2024 ASIAN HOSPITALITY

News

News

www.asianhospitality.com

8 ASIAN HOSPITALITY DECEMBER/JANUARY 2024

he U.S. Supreme Court in

December “vacated as moot” a

case that experts in the hospitality

industry said could have set a precedent

making it harder to file a “tester lawsuit”

against hotels for alleged violations of

the Americans with Disabilities Act of

1990. However, in its decision the court

said it may still in the future address the

core issue of the case, whether a person

can file an ADA lawsuit against a hotel

even if they have no intention of staying

at that hotel.

The case, Acheson Hotels, LLC v.

Laufer, was originally filed by Deborah

Laufer against Acheson Hotels in Maine.

Laufer had sued saying the hotels in the

case had failed to state on their websites

whether they had accessible rooms for

the disabled.

“After a lower court sanctioned her

lawyer, Laufer voluntarily dismissed

her pending suits, including her case

against Acheson Hotels, LLC, and filed

a suggestion of mootness in this court,”

the court said. “Though Laufer’s case

is moot, the circuit split on the issue

briefed and argued in this court is very

much alive.”

In her summary of the court’s decision,

Justice Amy Coney Barrett said Laufer

had established a pattern of filing similar

lawsuits.

“Deborah Laufer has sued hundreds

of hotels whose websites failed to state

whether they have rooms accessible to

the disabled. As the sheer number of

lawsuits suggests, she does not focus

her efforts on hotels where she has any

thought of staying, much less booking a

room,” Barrett said.

In the end, though, Laufer voluntarily

dismissed her pending suits but still

asked the court to rule on the idea of the

lawsuit’s standing in the courts, Barrett

said. However, the justice said the court

chose not to do so.

“We are sensitive to Acheson’s

concern about litigants manipulating

the jurisdiction of this Court. We are

not convinced, however, that Laufer

abandoned her case in an effort to evade

our review,” Barrett said. “She voluntarily

dismissed her pending ADA cases after

a lower court sanctioned her lawyer. She

represented to this court that she will

not file any others. Laufer’s case against

Acheson is moot, and we dismiss it on

that ground. We emphasize, however,

that we might exercise our discretion

differently in a future case.”

All eyes were on this case

In a statement following the Supreme

Court’s decision to declare the case

moot, Chip Rogers, president and CEO

of the American Hotel & Lodging

Association, said the decision still sends

a message to serial ADA lawsuit filers.

“Tester lawsuits, in which plaintiffs

file hundreds of legal complaints against

hotels seeking quick settlements, have

become a cottage industry in the United

States. In this case, a hotel decided to

fight this scheme and in doing so shed

light on the extortive practice,” Rogers

said. “The Americans with Disabilities

Act is a critical civil rights law, but this

case was never about legal compliance.

It was about whether serial litigants

with no intention of becoming hotel

guests have standing to sue hotels. While

we would have welcomed a broader

ruling, the Supreme Court today sent a

message to other serial litigants against

‘manipulating the jurisdiction of the

[Supreme Court],’ and revealed how

the court ‘might exercise its discretion

differently in a future case.’ Because

Acheson and the hotel industry fought

back, the plaintiff dismissed hundreds

of suits against hotels and vowed to the

court she would never again bring these

types of claims. This will bring some

solace to small business hoteliers who

for years have been victimized by drive-

by and click-by tester lawsuits.”

Supreme Court vacates

‘tester lawsuit’ case

The court ruling said the subject of standing for ADA lawsuits filed by plaintiffs who had

no intention of staying at the hotel being sued remains open

The U.S. Supreme Court has “vacated as moot” a case that experts in the hospitality industry said could

have set a precedent making it harder to file a “tester” lawsuit against hotels for alleged violations of the

Americans with Disabilities Act of 1990. The court said the core issue of the case, whether a person can

file an ADA lawsuit against a hotel even if they have no intention of staying at that hotel, remains open.

News

News

www.asianhospitality.com

DECEMBER/JANUARY 2024 ASIAN HOSPITALITY

orces are aligning to push back

against the National Labor

Relations Board’s recently issued

final ruling on the definition of joint-

employer status. The American Hotel

& Lodging Association has filed a

lawsuit against President Biden’s

administration to reverse the ruling and

a bipartisan group of House and Senate

lawmakers have proposed a resolution

to overturn it.

Opponents to the ruling, issued Oct.

26, say it could damage the current

franchise business model. The new

standard defines a joint employer

to be any company that shares or

codetermines one or more essential

terms and conditions of employment.

Those include:

Wages, benefits, and other

compensation.

Hours of work and scheduling.

The assignment of duties to be

performed.

The supervision of the performance of

duties.

Work rules and directions governing

the manner, means, and methods of the

performance of duties and the grounds

for discipline.

The tenure of employment, including

hiring and discharge.

Working conditions related to the

safety and health of employees.

The final rule rescinds the 2020 rule

that was promulgated by the prior

board and applies the new definition

of joint employer to any entity that

can control the essential terms of

employment whether or not such

control is exercised and without regard

to whether any such exercise of control

is direct or indirect.

Taking it to court

In November, AHLA along with the

U.S. Chamber of Commerce and other

plaintiffs filed a lawsuit in the U.S.

District Court for the Eastern District

of Texas challenging the legality of the

NLRB definition of joint-employer.

The change will make hotel

franchisers, who traditionally have

no control over their franchisees’

employees, liable for workplace policies,

AHLA said in a statement, and would

force unions on hotel franchisees and

their employees.

“The NLRB’s joint-employer regulation

is all about coercing businesses to the

bargaining table with workers they

do not actually employ to increase

unionization. To achieve this, the NLRB

is intentionally taking a wrecking ball to

one of America’s great economic engines

– the franchise model – and jeopardizing

millions of small-business jobs,” said

Chip Rogers, AHLA president and CEO.

“The goal of this lawsuit is to reestablish

the rule of law that has governed joint-

employment designation for nearly

four decades. It will also prevent the

destruction of the franchise business

model that has provided prosperity for

tens of thousands of American small

business hoteliers.”

The legislative approach

AHLA also supports a Congressional

Review Act resolution introduced in

Congress by several, mostly Republican

representatives and Senators in the

House Education and the Workforce

Committee opposing the NLRb ruling.

The resolution’s sponsors say the new

joint-employer definition is a threat to

small businesses, including hotels.

“The franchise system has been a

vital driver of entrepreneurship and

economic growth across the country,

however, the Biden Administration

has once again failed to prioritize

America’s best interests by inflicting

more regulations and red tape on our

small businesses,” said Sen. Joe Manchin

of West Virginia, the only Democrat

among the resolution’s sponsors. “I urge

my colleagues on both sides of the aisle

to join this commonsense resolution to

remove this impediment to the American

Dream.”

The resolution’s other co-sponsors are

Reps. John James of Michigan; Virginia

Foxx of North Carlina who chairs the

committee; and recently elected Speaker

of the House Mike Johnson of Louisiana.

Sponsors on the Senate side along with

Manchin include Sens. Bill Cassidy

of Louisiana and Mitch McConnell of

Kentucky, Senate minority leader.

AHLA’s Rogers issued a separate

statement supporting the resolution.

“AHLA welcomes this Congressional

Review Act resolution to overturn the

NLRB’s disastrous joint-employer rule,”

Rogers said. “The NLRB is intentionally

taking a wrecking ball to one of

America’s great economic engines – the

franchise model – and jeopardizing

millions of small business jobs.”

AHLA, others sue Biden administration

over NLRB joint-employer definition

Also, a group of mostly Republican Congress members have introduced a resolution to

overturn the recent ruling

The American Hotel &

Lodging Association

has filed a lawsuit

against President

Biden’s administration

to reverse the National

Labor Relations Board’s

recently issued final

ruling on the definition

of joint-employer status.

Also, a group of House

and Senate lawmakers

have proposed a

resolution to overturn it.

ersha Hospitality Trust and KSL

Capital Partners, LLC, have finalized

KSL’s acquisition of the REIT for

approximately $1.4 billion. As of Nov. 28,

Hersha became a private company and

was delisted from the New York Stock

Exchange.

The companies entered a definitive

merger agreement on Aug. 27 under

which affiliates of KSL acquired all of the

outstanding common shares of Hersha for

$10 per share in an all-cash transaction.

The companies filed paperwork with the

Securities and Exchange Commission on

Nov. 28 to make it official.

The independent transaction committee

of Hersha’s board of trustees recommended

the merger and the board unanimously

approved it, according to Hersha. A special

meeting of shareholders was held Nov. 8 to

give final approval to the deal.

The purchase price represents a

premium of approximately 60 percent

over Hersha’s closing share price on Aug.

25, the last full trading day prior to the

initial announcement, according to Hersha.

Hersha shareholders will receive $10 in

cash for each common share they own, and

holders of Hersha’s 6.875 percent Series

C Cumulative Redeemable Preferred

Shares, 6.50 percent Series D Cumulative

Redeemable Preferred Shares and 6.50

percent Series E Cumulative Redeemable

Preferred Shares will receive $25 in cash,

plus any accrued and unpaid dividends to

which they are entitled, for each preferred

share they own.

“This transaction provides our

shareholders with immediate and

certain value at a substantial premium

to our public valuation,” said Jay Shah,

Hersha’s executive chairman. “Following

a multi-year comprehensive review by

the independent transaction committee

of Hersha’s board of trustees, the board

and management team are confident this

step will allow us to deliver value for our

shareholders while refocusing on growing

the business over a longer period of time.”

Hersha owns and operates luxury and

lifestyle hotels in coastal gateway and resort

markets. Its portfolio includes 25 hotels with

3,811 rooms in New York, Washington D.C.,

Boston, Philadelphia, South Florida and

California.

“We are proud of the work our team

has done to build on Hersha’s culture

and capabilities and make the company

what it is today,” Neil Shah, Hersha’s

CEO, said. “This transaction is a result

of our deliberate actions to focus on key

gateway markets and lifestyle and leisure

properties, as well as our work to create

a concentrated portfolio consisting of

some of the highest quality hotels in their

respective markets.”

Hasu Shah, Hersha’s chairman emeritus,

founded the company in 1984 with the

purchase of a single hotel in Harrisburg,

Pennsylvania. In 1998, the company went

public as a REIT.

Hersha, KSL Capital finalize acquisition

The REIT has now gone private, delisted from the NYSE

Hersha Hospitality Trust and KSL Capital Partners,

LLC, have finalized KSL’s acquisition of the REIT

for approximately $1.4 billion. From left are Hersha

Hospitality Trust’s Jay Shah, executive chairman; Neil

Shah, CEO; and Marty Newburger, a partner at KSL

Capital Partners.

wo U.S.-based Asian American hoteliers

are planning to develop a $1.3 billion

luxury J. W. Marriott International resort

in Dubai, United Arab Emirates. The JW Marriott

Al Marjan Island Resort & JW Marriott Residenc-

es Al Marjan Island, which is being developed

by WOW Resorts founded by Bhupender 'Bruce'

Patel and Anwar Ali Aman, is scheduled to open

in 2026.

Patel and Aman held an unveiling ceremony

for the project on Nov. 15 along with Abdulla Al

Abdouli, CEO for Marjan, master-developer of

freehold property in Ras Al Khaimah including

Al Marjan Island, and representatives of JW

Marriot. Designed by Beverly Hills Architect

Tony Ashai with Dubai-based Lead Consultants

Architecture Design Unit, the project will include

524 residences with one to four bedrooms as

well as penthouses, along with 300 guest rooms.

It will have seven dining venues, pools and a

fitness center.

The new WOW Resorts property is near Ras

Al Khaimah International Airport and Dubai

International Airport. Marjan Island Resort in-

cludes four man-made islands with more than 7

kilometers of beaches and several large hotels,

spas and golf courses. The resort expects to

see 5 million visitors annually.

“Our collaboration with JW Marriott and our

venture on Al Marjan Island represents a new

chapter in our journey,” Patel said. “With the

demand for waterfront living on the rise, we

are committed to optimizing and elevating the

experiences of all our cherished guests and resi-

dents as we embark on this remarkable project in

the UAE, set on the enchanting Al Marjan Island,

a prime investment destination in the region.”

Patel and Aman are partners in Memphis-based

White Oak Group, with a portfolio of about 300

businesses including hotels, restaurants and gas

stations across the U.S. Patel’s parents, including

his father Ramesh Motiram Patel, come from the

Indian village of Baben in Gujarat state.

In addition, Patel is co-founder of Wealth

Hospitality, formed in December 2019 along

with his partner Chico Patel. Bruce was Tupelo,

Mississippi-based Fusion Hospitality’s CEO and

Chico was CEO at Ridgeland-based Heritage

Hospitality when the two companies merged in

December. Along with hotels, Wealth Hospi-

tality develops multi-family and assisted living

facilities.

Asian Americans to develop $1.3 billion resort in Dubai, UAE

The JW Marriott resort, featuring residences and 300

hotel rooms, is scheduled to open in 2026

WOW Resorts, founded by U.S.-based Bhupender

'Bruce' Patel, left in right hand photo, and Anwar

Ali Aman, recently unveiled plans to develop the

JW Marriott Al Marjan Island Resort & JW Marriott

Residences Al Marjan Island for $1.3 million in

Dubai, United Arab Emirates.

www.asianhospitality.com

10 ASIAN HOSPITALITY DECEMBER/JANUARY 2024

News

News

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32