2012 - New York State Hospitality & Tourism Association

conducted for the entertainment of transient guests
or for the accommodation of those seeking health,
recreation or rest, or restaurants………”
Federal ADA: Allows for the States, if they so
choose to provide greater or additional protections
or application of the Federal Law. If a State were
to choose to provide these protections/applications, it
would have to do so through enacting legislation and
in certain cases regulations providing for the greater
protections/applications.
ABSENT SPECIFIC STATUTORY LANGUAGE
TO THE CONTRARY, NEW YORK LAW DOES
NOT PROVIDE GREATER PROTECTIONS
THAN THOSE AFFORDED BY THE FEDERAL
ADA, THEREFORE OWNER-OCCUPIED
ESTABLISHMENTS RENTING FIVE OR FEWER
ROOMS ARE EXEMPTED IN NYS (as with Federal
Law) FROM ALLOWING FOR SERVICE ANIMALS
FOR INDIVIDUALS WITH DISABILITIES.
This bulletin was prepared by Wilson, Elser,
Moskowitz, Edelman & Dicker LLP, 677 Broadway
Albany, NY 12207 and is issued for the general
information of members of the New York State
Hospitality & Tourism Association Inc. This document
is not to be reprinted or copied without permission of
the Association.
MEMBER ALERT
Housekeeper considered manual workers.
For purposes of wages and pay schedules,
housekeepers are considered to be manual
workers under Article 6 of the New York State
Labor Law. Therefore, housekeepers must be
paid weekly to ensure your compliance with the
Law.
The application of the Hospitality Wage Order
as it relates to housekeepers is not relevant to how
they are to be paid in accordance with New York
State Law. Please review your current policy and
make the appropriate changes if necessary.
“I Love NY Brand” Legislation –
Vetoed by the Governor
Legislation, put forth by NYSH&TA that establishes
a Tourism Economic Development Fund, has been
vetoed by the Governor.
The bill that was introduced by Legislative Tourism
Committee Chairs (Assembly member Marge Markey
(D- Queens) and Senator Betty Little (R- Queensbury),
would have ensured that any revenue generated from
the use of the “I LOVE NY” brand shall be deposited
in the Tourism Economic Development Fund, and to
be made exclusively available to fund the promotion
of tourism.
The Governor vetoed the legislation, citing that
this new fund is unnecessary because the licensing
revenue from the “I LOVE NY” trademark is
already dedicated to tourism marketing through an
administratively created Special Revenue Fund that is
used solely for tourism marketing. We will continue
to work with the Governor’s office and his Tourism
Advisory Council to gather information and purpose
of the Special Revenue Fund.
Further, NYSH&TA, along with Wilson Elser
continue to advocate and work with the Governor in
hopes of getting much needed funding and industry
improvements advanced in the upcoming legislative
session in January.
Election Update
Although the 2012 scheduled Legislative Session
concluded, Governor Cuomo and Legislative Leaders
have indicated a post Election Day special session is
possible. Issues being discussed are an increase in the
minimum wage, housing issues as well as legislative
pay raises. NYSH&TA will continue to provide updates
on election results and a possible special session
legislative agenda.
This bulletin was prepared by Wilson, Elser, Moskowitz,
Edelman & Dicker LLP, 677 Broadway Albany, NY
12207 and is issued for the general information of
members of the New York State Hospitality & Tourism
Association Inc. This document is not to be reprinted
or copied without permission of the Association.
FOCUS Fall/Winter 2012 | 9