Florida Wise to Think Before Acting On Immigration Reform

by Joe Kefauver

Alabama as a Case Study
The immigration reform issue continues to resurface in political dialogue, with some lawmakers advocating hardline enforcement tactics such as those implemented in states like Arizona and Alabama. State leaders, who rejected such ill-advised approaches last session, need only look to our western neighbor to see how wise their decision was.

Alabama’s reputation and economy have been hurt by a series of heavy-handed enforcement incidents involving foreign executives from two of the state’s largest employers, Honda and Mercedes. Both men were guilty of not carrying the full documentation required by the ‘get-tough’ law, with one briefly jailed. Like was the case in Arizona, where the first overzealous immigration crackdown policy was enacted, the situation has led some groups to reconsider Alabama as a destination for business and travel.

Recognizing the potential economic damage and as well as political backlash, Alabama’s Governor Robert Bentley and the Republican leadership in both the House and the Senate, who championed the law last session, have pledged to rework the law in the 2012 session beginning Feb. 7. But damage has already been done to a state that has worked long and hard to overcome a difficult past and successfully portray itself as friendly to foreign businesses and tourists.

Florida, which continues to face double-digit unemployment and a soft economy, can ill afford a similar self-inflicted wound.

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Tips For Ensuring An Outstanding Guest Experience for Individuals with Disabilities

By Minh N. Vu and Karen L. Stephenson

It’s been 20 years since the signing of the original Americans with Disabilities Act (ADA), a law that has influenced society and the way we do business. Recent revisions to the ADA make it more important than ever to stay up to date on how your business accommodates people with disabilities.  This article provides ways that lodging properties can help guests with disabilities make the most of their stays through the property’s compliance with the legal requirements of Title III of the Americans with Disabilities Act. This article also addresses new accessibility requirements for existing and newly-constructed swimming pools, wading pools, and spas.

1.    Allow individuals to use service animals in all areas where guests are allowed.
2.    Allow individuals with mobility disabilities to use non-traditional mobility devices such as Segways and golf carts at the place of lodging, unless their use poses a legitimate threat of injury to others or damage to property.  
3.    Provide assistance with luggage even if assistance is not normally provided.
4.    Remove or relocate furniture in a guest room to create more maneuvering space for a wheelchair or other mobility device.
5.    Lower beds upon request so that a guest can more easily transfer to it from a wheelchair.
6.    Retrieve food items from the restaurant’s buffet.
7.    Place buffet items within accessible reach ranges.

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Florida’s Minimum Wage and Tip Credits

With more and more issues pressing on the Industry’s “bottom line,” FRLA Magazine at times publishes letters from our members that provide insight to the struggles of running a business in Florida.

by Jerry Gabet

I’m really frustrated! I pay a lot of taxes and work very hard in trying to run my business in a profitable and professional manner. Shouldn’t that be enough? Obviously the answer is no. In today’s world it’s critical to be aware of, and active (in some manner) in the legal and political sides of reality.  For this article I’m going to concentrate on one issue that I believe demonstrates this need.

Following a 2004 constitutional amendment, Florida is among 10 states that automatically raise minimum wage rates and Florida attached minimum wage increases to the Consumer Price Index (CPI). This means that every year the minimum wage goes up the same percentage that the CPI rises.  The Employee Tip Credit was also fixed to always be the Florida minimum wage amount minus $3.02. At that time, the minimum wage was $5.25, so that $5.25-$3.02 equaled $2.13 and that amount is the minimum cash wage allowed by the federal government. Unfortunately, due to CPI increases, the 2012 Florida Minimum wage is now set at $7.67 which is a 4.9% increase over 2011. This equates to tipped employee wages for 2012 to equal $7.67 - $3.02 = $4.65 per hour. That’s a 118% increase since 2004.

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Destination Resort Casino Bill Dead (for Now)

HB 487 did not make it out of the House Business and Consumer Affairs Subcommittee.
On Friday, Feb. 3, the subcommittee chaired by Rep. Holder, temporarily postponed the Destination Resort Casino bill at the request of the sponsor. Because this committee does not meet again during the 2012 legislative session, the bill is effectively dead.

This is a major victory for The Florida Restaurant & Lodging Association who has been fighting the bill since its inception. Carol Dover, President and CEO of the FRLA, testified at the hearing. A special thank you to Brian Quinn and Jim Harris for traveling across the state to testify on hospitality’s interest.

Can I Get Business Tax Credits for Paying Health Insurance Premiums for Employees?

If you are a restaurant owner with fewer than 25 full-time equivalent (FTE) employees, and you contribute to their health insurance premiums, you may be able to receive the Small Business Health Care Tax Credit.

Who Qualifies?
The credit is part of the Patient Protection and Affordable Care Act. It is designed to help small businesses offer or maintain health insurance coverage for moderate and lower income workers.

Here is a simple process to determine if the credit applies to your restaurant.
Step 1: You must pay at least half of the health insurance premiums for your employees.
Step 2: If you have part-time employees, determine their FTE by adding up the total number of hours they worked in the past year and dividing this by 2,080. Then add that to the number of full-time employees you have who work at least 40 hours a week. (You can’t count owners and family members in this calculation.) If the number is below 25, keep going.
Step 3: Take the total amount of annual wages paid and divide this by the Step 2 figure. This number needs to be lower than $50,000.

How Much Is the Credit and When Does It Apply?
The credit is worth up to 35 percent of your premium costs in 2010, and this continues through 2013. On January 1, 2014, the rate increases to 50 percent—but you must purchase your coverage on an exchange starting that year to qualify.

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