Monthly Archives: November 2012

by | November 20, 2012 · 7:22 am

Hospitality Industry Legal Risks: Colorado-Based Restaurant Group Will Defend Itself Against Class-Action Lawsuit Alleging Overtime Violations; Company Maintains That Managerial Salaried Employees Are "Apprentices"

“…The class-action complaint…says Chipotle misclassified its “apprentices” as managerial salaried employees who don’t qualify for overtime pay. The suit contends apprentices earn salaries of $40,000 but frequently work more than 40 hours a week and often perform the duties of hourly workers, including cooking and filling orders…”

Chipotle Mexican Grill Inc. says a lawsuit alleging the Colorado- based company has failed to pay overtime to hundreds of employees is frivolous.

Chipotle spokesman Chris Arnold said the restaurant chain carefully defines the roles in its restaurants and that the apprentice position is “clearly” a managerial role ineligible for overtime, under state and federal laws.

The lawsuit seeks back pay and damages. Chipotle has about 1,350 restaurants.

For more:  http://www.insurancejournal.com/news/west/2012/11/19/271081.htm

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by | November 19, 2012 · 1:18 pm

Hospitality Industry Property Risks: Superstorm Sandy Increases Interest In Commercial Flood Insurance; 40% Of Small Businesses Never Reopen After Water Damage From Disasters

Under the NFIP, non-residential businesses can purchase up to $500,000 in building and $500,000 in content coverage, while residential businesses can purchase up to $250,000 in building and $100,000 in content coverage. Marsh’s Flood Service Center can place up to $30 million in excess of NFIP flood insurance, including business interruption, with A-rated insurance capacity.

According to NFIP, almost 40 percent of small businesses never reopen following a disaster because of water damage. Over the past five years, the average commercial flood claim has been about $75,000.

Interest among businesses in purchasing flood insurance coverage from the National Flood Insurance Program (NFIP) is increasing in the wake of Superstorm Sandy’s heavy rain, record storm surge, and resulting widespread flood damage, according to insurance broker Marsh.

Although most companies purchase commercial flood insurance through the private market, more are now inquiring about purchasing additional coverage through the NFIP. When used in tandem, NFIP coverage can mitigate or “buy down” large deductibles associated with commercial flood policies or simply provide additional coverage.

For more:  http://www.claimsjournal.com/news/national/2012/11/18/217658.htm

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by | · 7:26 am

Hospitality Industry Legal Risks: Michigan Hotel Sued By EEOC For "Terminating Pregnant Housekeeper"; Employers May Not Exclude Pregnant Women Based On Their "Concerns About Safety Of Unborn Child"

“…Ramin fired a housekeeper shortly after it learned of her pregnancy. The company stated that it could not allow her to continue to work as a housekeeper because of the potential harm to the development of her baby…”

The U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit today charging that Ramin, Inc., a Comfort Inn & Suites franchise owner in Taylor, Mich., violated federal law when it terminated a pregnant housekeeper because of her pregnancy.

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, protects female employees against discrimination based on pregnancy, and the Supreme Court has expressly rejected the notion that an employer may exclude pregnant women from employment based on its own concerns about the safety of the unborn child.

The EEOC seeks injunctive relief to prevent Ramin from discriminating against pregnant employees or applicants in the future, as well as monetary relief on behalf of the victim.  The EEOC filed suit after first attempting to settle the case through its conciliation process.

“Pregnancy discrimination is rarely subtle,” said Lauren Gibbs Burstein, attorney in the EEOC’s Detroit Field Office.  “Employers may not bar pregnant employees from work because of outdated myths or stereotypes.  The EEOC will vigorously defend the rights of pregnant workers to provide for their families by remaining employed.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-13-12c.cfm

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by | November 18, 2012 · 7:16 am

Hospitality Industry Property Risks: Indiana Restaurant Suffers "Severe Structural Damage" As Car Crashes Into Dining Room; Customer Hospitalized In Serious Condition

“…the building suffered severe structural damage…the Indianapolis Fire Department’s Structural Collapse Rescue Team was called in to secure the building and prevent it from further collapse…the female customer was taken to (the hospital) in serious condition…”

Wayne Township Fire crews responded to an accident near West Washington Street and Lynhurst Saturday after an SUV crashed into the dining room of a restaurant – pinning a customer between the car and the counter.

A passenger inside the SUV said she and her daughter-in-law, who was driving, were headed east on Washington when a van pulled out in front of them.  She said her daughter-in-law swerved to avoid it, but lost control and crashed into the building.

Mariah Taylor was working at a fast food restaurant next door when she heard the crash, ran over to help along with a co-worker, and saw the woman who was pinned.

The passenger in the SUV suffered only a scratch. She said her daughter-in-law was able to get out of the vehicle on her own.

Wayne Township Fire officials said they haven’t been able to confirm the number of employees in the business at the time of the accident. There were no other injuries reported.

For more:  http://www.wishtv.com/dpp/news/local/marion_county/suv-crashes-into-restaurant

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by | November 17, 2012 · 7:18 am

Hospitality Industry Theft Risks: Hawaii Hotel Store Shoplifter Steals $2,000 Worth Of Merchandise; Surveillance Cameras Record Theft

A shoplifter brazenly stole more than $2,000 worth of merchandise from a small clothing and jewelry shop in a Waikiki hotel. The whole theft was recorded on surveillance cameras, and the video has been posted online in an effort to nab the suspect.

[youtube=http://www.youtube.com/watch?v=L7CoKibjaDo&feature=youtu.be]

The theft happened Nov. 5 at the Angels By The Sea store at the Waikiki Beach Marriott Hotel. The surveillance video clearly shows a woman looking through some of the clothing. She then removes the clothing from its hanger, rolls it up, and casually puts it in a large bag.

The store’s owner said the woman told the sales clerk a story. According to store owner and designer Nina Thai, the woman claimed to be a jewelry designer from Kauai. “‘I make a lot of jewelry, so I want to have time to take a look so leave me alone,'” Thai said the woman told the clerk.

The store usually has two or three clerks on duty, but Thai said the store was short-handed that day, and only had one clerk at the time. And when that lone clerk was busy with a customer, the shoplifter helped herself to the jewelry.

The store’s management said they discovered the theft because the shoplifter had moved a lot of the jewelry from their usual places. “Because we stay in here more than at home,” said Thai. “So we remember every single item.”

And then they saw the surveillance video, and watched as the woman took earrings, necklaces, pendants, leggings and tops. The haul was the by far the biggest theft in the store’s three-year history.

For more:  http://www.hawaiinewsnow.com/story/20124145/shoplifter-ignores-surveillance-cams-video-now-on-youtube

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by | November 16, 2012 · 8:58 am

Hospitality Industry Security Risks: Major Hotels Increase Review Of Guest Security Processes After Recent Reports On Door Lock Vulnerability

“…An assault on guests or theft of their belongings during a hotel stay can result in a court case…the “reasonable person” test is used to determine the outcome. If hotel owners are made aware of a procedure or item in their property that is not keeping the guest safe, they are required to do what a reasonable person would do under those circumstances. “And if they don’t, they’re negligent…”

Recent media reports scrutinizing the vulnerability of guestroom door locks have brought hotel guest safety issues to the forefront of hoteliers’ minds. As the media and traveling public continue to express their concerns, hotel companies are taking steps to ensure a safe environment for guests.

Marriott International, for example, issued a statement on its website that said the company is in the process of implementing solutions to resolve any issues with door locks that could compromise guest safety.

Reevaluating standards and policies
As hotel management companies and major hotel brands continue to review security processes and implement solutions, there are a few points for hoteliers to keep in mind when it comes to guest safety, according to Fred Del Marva, president of hotel consulting firm Del Marva Corporation.

Guest safety starts at the front desk during the check-in process, Del Marva said. The standard policy throughout the industry is for front-desk employees not to verbally issue guests their room numbers, he said.

For more:  http://www.hotelnewsnow.com/Articles.aspx?ArticleId=9384&par1=z7Vqd2AtHfkNLvAuP25I0Q==&par2=2EAFVJU1Lms7zTjNNV7iNMJVd1wKf1Q9bx5n/Mqpu2K12/66UcXBIn1NuEvyifCh&goback=.gmp_922967.gde_922967_member_186188808

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by | · 7:12 am

Hospitality Industry Health Risks: Data Reveals Few U.S. Hotels Have "Carbon Monoxide Alarms" Installed; 30 Incidents Of Elevated CO Levels Has Led To Evacuations And 8 Deaths

“…Few of the roughly 4.9 million rooms in 51,214 lodging properties with at least 15 rooms have (carbon monoxide) alarms…From 2010 through Nov. 8, 2102, there were 30 incidents of fire departments or government officials finding elevated levels of CO at U.S. hotels…in the 30 incidents, more than 1,300 people were evacuated, eight died, and at least 170 were affected by CO, treated by medical personnel or hospitalized…”

Neil Hampson was inside his room at a lodge in Alaska during a salmon fishing vacation three years ago when his carbon monoxide alarm sounded. Hampson, a Seattle doctor and expert on carbon monoxide, went to the basement and found the CO level four times higher. He says he turned off the gas for the water heater, and CO levels throughout the building “dropped precipitously.”

A plumber later found that the water heater was improperly vented, he says, and the lodge owner installed CO alarms in each sleeping room. Guests and staff at the lodge near Alaska’s Kenai River were fortunate Hampson carries an alarm which detects the odorless, colorless poison gas that can cause brain damage or be lethal.

Only a handful of state or municipal laws require them, although more than 1,300 people were evacuated nationally from hotels because of high CO levels in recent years.

CO, often called “the silent killer,” is such a threat that the National Fire Protection Association says CO alarms should be near bedrooms in every home.

For more:  http://www.usatoday.com/story/travel/hotels/2012/11/15/hotels-carbon-monoxide-alarms/1707863/

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by | November 14, 2012 · 7:10 am

Hospitality Industry Legal Risks: Kentucky-Based Restaurant Group Faces "Telephone Consumer Protection Act" Class-Action Lawsuit For "Unsolicited Text Message Advertising"

“…each alleged violation of the act, which consists of a brand sending an unsolicited advertisement via phone call or text message without prior consent, carries up to $500 in statutory damages…text messages allegedly were sent to thousands of Papa John’s customers without their consent because OnTime4U obtained the cell phone numbers of customers from the implicated franchisees…”


A U.S. District Court judge in Seattle has certified a class-action lawsuit against Papa John’s International Inc., calling for as much as $250 million in damages for the alleged transmission of 500,000 text messages to consumers who claim they did not consent to receive such texts.

Three named Papa John’s customers and potentially many more are suing the Louisville, Ky.-based operator or franchisor of 4,000 Papa John’s Pizza restaurants for allegedly violating the Telephone Consumer Protection Act.

The lawsuit, first filed in February by Washington state resident Maria Agne, stems from text messages Agne claims she received without her consent in April 2010. The texts, which promoted Papa John’s products and offers, allegedly came from marketing services provider OnTime4U, which had contracted with several Papa John’s franchisees in the Pacific Northwest.

OnTime4U allegedly indicated to the franchisees — who operate as many as 21 Seattle-area units in Rain City’s case and 12 Portland, Ore.-area restaurants in Rose City’s case — that those messages would not be considered spam or violate the TCPA because those customers had previously ordered a pizza from the franchisees, establishing an “existing business relationship,” which exempts calls and texts from oversight of the TCPA.

According to Coughenour’s order, Kevin Sonneborn, franchisee of PJ Sound Pizza LLC, testified that customers were not asked for their permission to send text messages before their phone numbers were given to OnTime4U.

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by | November 13, 2012 · 7:41 am

Hospitality Industry Legal Risks: New Jersey Hotels Sued For "Price Goughing" During Superstorm Sandy; Fines Up To $10,000

“…(the state sued) a Howard Johnson Express in Parsippany…New Jersey law defines price gouging as an “excessive price increase,” or of 10 percent or more, during a declared state of emergency…Businesses sued by the state face penalties of $10,000 for a first offense and $20,000 for a second offense…”

New Jersey accused seven filling stations and a hotel of gouging customers during the state of emergency after Hurricane Sandy by raising prices as much as 59 percent.

The storm last week killed more than 100 people, triggered an almost 14-foot tidal surge, displaced thousands and knocked out power to millions. It crippled mass transit and interrupted supplies of gasoline.

“We warned merchants again and again not to violate the law by taking advantage of people following this catastrophe,” Chiesa said. “The fact that we have these fringe businesses that think that disasters are a profit center is troubling.”

The state Division of Consumer Affairs got 2,000 complaints about price gouging for gasoline, generators, food and lodging, according to Chiesa. About 83 percent involved gas stations, he said. About 4 percent of the state’s 2,400 gas retailers were subject to subpoenas.

For more: http://www.businessweek.com/news/2012-11-09/new-jersey-plans-price-gouging-suits-against-8-businesses

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by | November 12, 2012 · 7:49 am

Hospitality Industry Crime Risks: Florida Restaurant Thieves Steal Safe Containing $35,000 In Cash; Break In Through Wall In Business Next Door

“The burglars got into the restaurant by breaking into a neighboring business and entering through a wall. Once inside the restaurant, they took the safe and the surveillance system…”

Thieves broke into a restaurant on Flagler Street overnight, stealing a safe that contained $35,000 in cash.
According to NBC 6, thieves broke into El Caribe Cafe at 7173 W Flagler Street sometime between midnight and 4 a.m. Monday morning.

About four months ago, thieves broke into the same restaurant, entering through the roof.

Police are investigating the crime, and doubt one thief acted alone. Miami police spokesperson Kenia Reyes confirmed evidence was left at the scene, but is not disclosing what it is at this time.

For more:  http://blogs.miaminewtimes.com/shortorder/2012/11/thieves_steal_35000_in_restaur.php

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