Monthly Archives: July 2010

by | July 16, 2010 · 6:27 am

Hotel Industry Privacy Risks: ESPN Reporter Erin Andrews Files “Negligence, Negligent Infliction Of Emotional Distress And Invasion Of Privacy” Lawsuit Agains Hotels

“I do hope that my experience will cause the hospitality industry to be more vigilant in protecting its guests from the time they reserve a hotel room until they check out.”

Her suit claims negligence, negligent infliction of emotional distress and invasion of privacy against the hotel entities.

ESPN reporter and road warrior Erin Andrews filed a civil suit today against Marriott International, Radisson Hotels International and others involved with the hotels in which a stalker surreptitiously filmed her nude through a hotel-room peephole.

Andrews was stalked and/or filmed in rooms at the Marriott Nashville at Vanderbilt University, the Radisson Airport hotel in Milwaukee, and a third hotel in Columbus, Ohio. Andrews stays in hotels frequently for her job as an ESPN reporter “always with the expectation of privacy once checked into her room,” the release says.

“Although I’ll never be able to fully erase the impact that this invasion of privacy has had upon me and my family,” Andrews says in the release , “I do hope that my experience will cause the hospitality industry to be more vigilant in protecting its guests from the time they reserve a hotel room until they check out.”

Comments Off on Hotel Industry Privacy Risks: ESPN Reporter Erin Andrews Files “Negligence, Negligent Infliction Of Emotional Distress And Invasion Of Privacy” Lawsuit Agains Hotels

Filed under Crime, Insurance, Liability, Privacy, Risk Management

Tagged as , , ,

by | July 15, 2010 · 10:34 am

Hotel Industry Swimming Pool Safety: Hotel Guest Safety Can Be Improved With “Coast Guard” Approved Flotation Devices And Closer Supervision (Video)

[youtube=http://www.youtube.com/watch?v=XZGOOpC6bw8&hd=1]

07.07.10 (LAS CRUCES) — Many area lifeguards are on alert as more and more children spend their summer by the pool. KRWG’s Carlos Correa reports.

Comments Off on Hotel Industry Swimming Pool Safety: Hotel Guest Safety Can Be Improved With “Coast Guard” Approved Flotation Devices And Closer Supervision (Video)

Filed under Health, Injuries, Liability, Pool And Spa, Risk Management, Training

Tagged as , , , ,

by | July 14, 2010 · 6:34 am

Hotel Industry Employment Risks And Liability: Dept. Of Labor (DOL) Is Increasing Compliance Audits To Look For Violations Of Overtime Rules, Minimum Wage And Federal Wage And Hour Regulations

“. . .The U.S. Department of Labor (DOL) is planning an initiative that specifically targets every hotel, motel and resort in the United States for audits by the department’s Wage and Hour Division.”

“. . . DOL has labeled the lodging industry as a “high-risk industry” where violations of federal wage and hour laws are most likely to occur. The department has chosen to consider employees in the lodging industry as “the most vulnerable workers” in the country. As a result, you will be subject to a DOL audit, covering all of your employees…”

The Department of Labor’s (DOL) Wage and Hour Division (WHD) has experienced a huge increase in funding and staffing, adding hundreds of new investigators, and is gearing up for a new wave of compliance audits and enforcement actions.

Specifically targeting the hospitality industry, the WHD plans to audit hotel employers for violations of overtime rules, minimum wage, family and medical leave, classification of exempt and non-exempt positions, and virtually every Federal labor wage and hour regulation.

  • Perform an internal audit. Talk to your hotel labor lawyer who can organize an internal audit of your payroll practices, hiring practices, and recordkeeping procedures and then help ensure that your organization is in compliance with Federal laws, including H-2B requirements. It is important that you avoid precipitous action to terminate any employees that do not meet the H-2B visa requirements, because there are anti-discrimination laws that also apply to any termination based on immigration status.
  • Understand your exposure. Hotels that use outside staffing agencies to hire employees face certain risks as well since they can be held responsible for failure on the part of the agency to comply with federal regulations. Also, employers with collective bargaining agreements may need to involve the union on various aspects of the audit, including H-2B visa employees if they are part of the “represented workforce.”
  • Develop a strategy. Experienced hotel labor lawyers can let you know what to expect in a government compliance audit and should help you prepare a strategy for successfully cooperating with all phases of the audit. Your management team should be alerted so that no one panics when the audit notice is received, and they know the importance of getting it to the right person quickly so you can promptly launch the action plan you developed.
  • Get involved. The American Hotel & Lodging Association (AH&LA) is urging hotel employers to ask their elected officials to contact the U.S. Department of Labor on their behalf to express their opposition to the hospitality industry being singled out for compliance audits. AH&LA is the primary advocate of the hospitality industry in Washington D.C., giving a voice to thousands of individual hotels and owners. The Association’s success depends on the number of people in the industry that become involved and support the Association’s important work. To get involved and become a member of the AH&LA you can register on their website at www.ahla.com.

For more:   http://www.hospitalitynet.org/news/154000320/4047438.search?query=hospitality+industry+risks

Comments Off on Hotel Industry Employment Risks And Liability: Dept. Of Labor (DOL) Is Increasing Compliance Audits To Look For Violations Of Overtime Rules, Minimum Wage And Federal Wage And Hour Regulations

Filed under Insurance, Labor Issues, Liability, Risk Management

Tagged as , , , ,

by | July 12, 2010 · 10:48 am

Hospitality Industry “Employee Theft” Risk Management: Hospitality Business Owners Must Amend Employment Manuals To Specifically Prohibit Employee Access To Company Records Once “Employment Ceases”

“…employers should amend their employment manuals to assert that any authorization granted to an employee to access the company’s networks, files or data automatically ceases when the employee has been terminated, tenders a resignation or forms an intent to leave the employer for any reason — irrespective of whether the employer has actually blocked the employee’s access…”

“…employers should make clear in their employment handbooks, manuals and employment agreements that any authorization to access company data is granted only in furtherance of the employer’s business purposes. They should state explicitly that any other access is unauthorized. Such language has been cited by courts in several cases where employer CFAA claims have been allowed…”

“…employers must remain vigilant to retrieve laptop computers from employees immediately after an employee gives notice. They should also immediately change passwords and close remote access upon learning of an employee’s intention to leave the company…”

According to “A Statistical Analysis of Trade Secret Litigation in Federal Courts,” that was recently published in the Gonzaga Law Reform, the number of trade secret cases has grown “exponentially” in recent years. “Most alleged misappropriators are someone the trade secret owner knows,” the authors write. “Specifically, in over 85 percent of cases, the alleged misappropriator was either an employee or business partner.”

Cases of employee-related data theft more than doubled between 2006 and 2008, according to a study conducted by accounting and consulting firm KPMG. Based on its findings, the firm concluded that the number of such incidents is “almost certain” to increase further, especially in a difficult economic environment.

For more:  http://www.hreonline.com/HRE/story.jsp?storyId=475264808

Comments Off on Hospitality Industry “Employee Theft” Risk Management: Hospitality Business Owners Must Amend Employment Manuals To Specifically Prohibit Employee Access To Company Records Once “Employment Ceases”

Filed under Crime, Insurance, Liability, Risk Management, Theft, Uncategorized

Tagged as , , ,

by | July 9, 2010 · 5:52 am

Hotel Industry Employment Liability: National Labor Relations Board Orders Illinois Hotel To Rehire Employees, Restore Health Insurance Plan And Cease Refusal To Negotiate With Union

The hotel, at 636 S. Michigan Ave., was ordered by the board to offer jobs back to 14 employees who were laid off last month, and provide them with back wages, according to a news release. A board judge also ordered the hotel to restore its 2008-2009 insurance plan and pay employees to compensate for increases to health care costs that were deemed unlawful.

The hotel was also ordered to stop refusing to bargain with the union on the health care package and layoffs, the release said.

The union estimates that the lost earnings and increased benefit costs amounted to at least $250,000, the release said.

For more:   http://cbs2chicago.com/local/blackstone.hotel.union.2.1793955.html

Comments Off on Hotel Industry Employment Liability: National Labor Relations Board Orders Illinois Hotel To Rehire Employees, Restore Health Insurance Plan And Cease Refusal To Negotiate With Union

Filed under Insurance, Labor Issues, Liability, Risk Management

Tagged as , , ,

by | July 8, 2010 · 11:46 am

Hotel Information Security Risks: Hotel Management Must Invest In Data Security Systems To Prevent Point-Of-Sale Theft Of Credit Card Data

“Most of the chronic security breaches in the hotel industry are the result of a failure to equip, or to properly store or transmit, this kind of data, and that starts with the point-of-sale credit card swiping systems.”

A study released this year by SpiderLabs, a part of the data-security consulting company Trustwave, found that 38 percent of the credit card hacking cases last year involved the hotel industry. The sector was well ahead of the financial services industry (19 percent), retailing (14.2 percent), and restaurants and bars (13 percent).

Why hotels? Well, to paraphrase the bank robber Willie Sutton, hackers hit hotels because that is where the richest vein of personal credit card data is. At hotels with inadequate data security, “the greatest amount of credit card information can be obtained using the most simplified methods,” said Anthony C. Roman, a private security investigator with extensive experience in the hotel industry.

“It doesn’t require brilliance on the part of the hacker,” Mr. Roman said. “Most of the chronic security breaches in the hotel industry are the result of a failure to equip, or to properly store or transmit, this kind of data, and that starts with the point-of-sale credit card swiping systems.”

For more:   http://finance.yahoo.com/news/Credit-Card-Hackers-Visit-nytimes-3300094848.html?x=0

2 Comments

Filed under Crime, Insurance, Risk Management, Theft

Tagged as , ,

by | July 7, 2010 · 6:19 am

Hotel Pool Safety Risks: Glass Enclosures Around Hotel Pools Still Deemed Hazardous By FEMA

“…in 2008, FEMA decided that the practice is hazardous, apparently because glass walls could become projectiles in a hurricane. If FEMA doesn’t allow hotels to have indoor pools, Patricia Grand’s president says it would be devastating to the hotel’s winter business. “

All the people who come during the weekends in the wintertime would not come back anymore if they don’t have anywhere to go and have a swimming pool available to them,” said Frans Mustert, Oceana Resorts.

Hotel operators and the Myrtle Beach Area Chamber of Commerce have managed to hold FEMA off for two years while trying to get the agency to change its mind.

Dean said they’ve tried to point out that hotels in other beach cities have similar pool enclosures and they haven’t been targeted by FEMA. That argument didn’t change the agency’s mind. “Everyone we’ve talked to, in Washington and here at home agrees, this makes no sense, we need to get this law changed,” Dean said.

Congress is working on a rewrite of the Flood Insurance Program, to include a change in the pool enclosure law.

For more:   http://www.carolinalive.com/neighborhood/story.aspx?id=479236

Comments Off on Hotel Pool Safety Risks: Glass Enclosures Around Hotel Pools Still Deemed Hazardous By FEMA

Filed under Health, Injuries, Liability, Pool And Spa

Tagged as , ,

by | July 5, 2010 · 10:42 am

Hotel Industry Theft Risks: Thieves Are Targeting “Unlocked” Vehicles Parked In Secure Parking Areas

According to police, the group had entered a secure parking area and stolen items from at least five vehicles. All of the stolen items were recovered, and police are in the process of identifying all of the victims with the assistance of hotel staff, Kravetz said.

Police allegedly found numerous items which appeared to have been stolen, including iPhones, iPods, bicycling equipment, Mercedes Benz entertainment headphones, phone chargers, and exercise equipment with an estimated value of $2,500.

Four men were arrested at 7:45 a.m. today on suspicion of stealing items from unlocked vehicles at the Montage Resort Laguna, Laguna Beach Police Lt. Jason Kravetz said.

For more:   http://articles.coastlinepilot.com/2010-07-02/news/tn-cpt-0702-burglaries-20100702_1_burglaries-items-officers

Comments Off on Hotel Industry Theft Risks: Thieves Are Targeting “Unlocked” Vehicles Parked In Secure Parking Areas

Filed under Crime, Liability, Risk Management, Theft

Tagged as , ,

by | July 4, 2010 · 10:30 am

Future Hotel Liability Issues: 3D Televisions Will Begin To Be More Common In Hotel Rooms But Will Bring Health Risks In Form Of Seizures And Headaches Along With Theft Of Glasses

 “…there have been reported issues with 3-D causing seizures and headaches in certain segments of the population—which could be a liability issue for hotels…”

.. if 3-D becomes commonplace in the home, expect hoteliers to feel the pressure to bring it into the guestroom sooner or later.

“There needs to be content and a way for hotels to collect more for investing in these TVs,” said Anthony Fonzo, senior product marketing manager, Philips Hospitality. “The 3-D television sets are a significant additional investment for the hotelier. There are also a number of questions—will guests pay to watch 3-D, be comfortable wearing glasses and will the glasses stay in the rooms or become another item that is frequently stolen?”

“We don’t believe 3-D will be relevant for the high majority of hotel rooms,” said Rick Albert, VP sales, hospitality, Panasonic. “TVs would have to be completely replaced and we just don’t see 3-D as enough of an incentive for a property to spend the dollars to do another compete renovation. Plus, until the cost of glasses comes down, it is far too cost-prohibitive to keep glasses in rooms and to replace them often.”

For more:   http://www.hotelworldnetwork.com/0710design

Comments Off on Future Hotel Liability Issues: 3D Televisions Will Begin To Be More Common In Hotel Rooms But Will Bring Health Risks In Form Of Seizures And Headaches Along With Theft Of Glasses

Filed under Injuries, Insurance, Liability, Risk Management, Theft

Tagged as , ,

by | July 3, 2010 · 5:36 am

Hotel Industry Liability Risks: Is Criminal Danger And Liability Posed By Employing And Housing “Convicted Sex Offenders” At Hotels?

[youtube=http://www.youtube.com/watch?v=yrORrzsfaKk]

When you check into a hotel, you’d never expect they would have a registered sex offender working behing the front desk and making your room key. But that’s just what our investigation found. Here’s Lisa Guererro’s report that raises troubling questions about whether sex offenders should be given jobs that allow them to interact with families and children.

Robert Mitchell worked the overnight shift at the Holiday Inn in Fort Worth, Texas. So you might be surprised to learn this mild mannered desk clerk is a registered sex offender. In 1995, he pleaded guilty to molesting a 10-year-old girl.

And this from a Huntington Beach, CA hotel investigation:

Huntington Beach police said they had a specific reason for targeting the hotel. While residents can research sex offenders near their homes, visitors may be less apt to research offenders at a hotel where they are staying, said police spokesman Lt. Russell Reinhart.

 

2 Comments

Filed under Crime, Labor Issues, Liability, Uncategorized

Tagged as , , ,