For more:Â http://www.hotelnewsnow.com/media/Images2013/SpecialReports/20131028_Obamacare_timeline.jpg
Author Archives: Ida
Hospitality Industry Insurance Issues: Employer Timeline For “Implementing The Affordable Care Act (ACA)”
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Filed under Insurance, Liability, Management And Ownership, Risk Management
P3 Hospitality Industry Risk Report: “Globally Harmonized System (GHS)†By Petra Risk Solutions’ Director Of Risk Management Todd Seiders, CLSD
[vimeo http://vimeo.com/68627105]
Petra Risk Solutions’ Director Of Risk Management, Todd Seiders, CLSD , offers a P3 Hospitality Risk Update – ‘Globally Harmonized System (GHS)’.
P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.
For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.
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Filed under Guest Issues, Health, Injuries, Insurance, Labor Issues, Management And Ownership, Risk Management, Training
Hospitality Industry Risk Solutions: “Liability Insurance: An Essential Precaution” For Hotel And Restaurant Owners By HospitalityLawyer.com
Once you have the proper coverage through a financially solvent company, ascertain that the amount of the coverage meets your needs. To ensure that you fully understand how much you actually have for the entire period, it is critical that you become familiar with the following concepts and terms: per occurrence, aggregate and umbrella or excess insurance.
You must also be aware of “claims made†policies. The term “claims made†means that the coverage is only available if an actual claim is brought to the attention of the insurance company during the policy period. Usual insurance policies cover claims that occur during the policy period, although they are not brought to the attention of the insurance company until after the coverage period has elapsed.
http://www.hlconverge.com/
When you buy liability coverage for your hotel or restaurant operation, you should receive a measure of protection and peace of mind, but for some reason you remain with that gnawing feeling that all may not be well with your insurance portfolio. You think you did what you were supposed to do. But did you? Do you have enough insurance? Do you have the right kind of coverage to cover possible accidents, incidents and catastrophes? Employer’s liability? Liquor liability? Auto insurance for employees who drive a car on behalf of the business? Do you know where your liability insurance policy is? When was the last time you read it? Do you understand the fine print? Do you know who the underwriter is – not the agent, but the company that is supposed to pay in the event of a claim? Do you know whether the insurance company is financially solvent?
Insurance Policy Coverage Checklist
1. General Liability (fire and casualty for the premises and hotel operations)
2. Employers Liability (discrimination claims)
3.  Workers’ Compensation (injury on the job)
4.  Liquor Liability (dram shop liability)
5. Â Swimming Pool/Spa/Workout Area Addendums
6. Â Golf Course Operators Liability
7.  Employee Security Bonds
8. Automobile Liability (autos, motorized carts, shuttle service, etc.)
9.  Outdoor/Water Activity Coverage Addendum
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Filed under Insurance, Liability, Management And Ownership, Risk Management
Hospitality Industry Safety Risks: New “Smartphone App” Searches Twitter To Identify “Possible Cases Of Restaurant Food Poisoning”; Results Correlated With “Scores From Health Department”
“…The app tags related users and follows that user around for 72 hours and analyzes their tweets for signs of food poisoning symptoms like 
vomiting, abdominal pain, fever and chills. The system watches out for tweets that contain keywords like “threw up†and “tummy ache. In just four months, the nEmesis team was able to identify around 23,000 restaurant customers and detect around 480 possible cases of food poisoning. They then gave the restaurants a “health score†based on the number of incidents of people who became sick after eating there. The nEmesis team correlated their results with scores from the health department…”
Researchers at the University of Rochester developed an app called nEmesis that searches through Twitter and identifies possible cases of food poisoning. The app takes GPS data that is accessible via Twitter’s API and cross references that with the coordinates of restaurants.
One of the creators, Adam Sadilek, who now works at Google, sees the app as something that can help warn customers and as a potential tool for health officials to identify restaurants that may need to be looked into.
For more:Â http://www.psfk.com/2013/10/food-poisoning-detection-app.html
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Filed under Food Illnesses, Guest Issues, Health, Risk Management, Technology
P3 Hospitality Industry Risk Report: “Food Poisoning Claims” By Todd Seiders, Director Of Risk Management For Petra Risk Solutions (Video)
[vimeo http://www.vimeo.com/52038337 w=500&h=281]
http://www.petrarisksolutions.com/
Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Food Poisoning Claims’.
P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.
For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.
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Filed under Food Illnesses, Guest Issues, Health, Insurance, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Technology Solutions: Restaurant Companies Use Tablets And New Apps To Increase Efficiency, Consistency And Maintain Order Preparation Performance
“…to encourage kitchen efficiency, managers can also use the order system to set a performance benchmark…at Jason’s Deli, Michael Johnson 
(a regional manager) said the management has set acceptable order preparation that spans from six to eight minutes for each order. When the order has been in the pipeline for six minutes, information turns yellow on the counter/expo station display, which lets preparers know that customers have been waiting for quite a while and they have less than two minutes to finish preparing it…programming apps for tablets (also)produce analytic reports through orders, which can be sent to the management team at corporate headquarters for review. Technology use can also strengthen communication between franchisors, franchisees, and workers…”
The benefits of using tablets and technology extend beyond just table coverage for companies like Brinker International Inc. and DineEquity Inc., and possibly for Cheesecake Factory Inc. and Buffalo Wild Wings Inc. in the future. Combined with location pinpoint technology like RFIDs (radio-frequency identification), tablets can help servers quickly identify which table orders are coming from.
This will allow servers to spend less time wondering about the location they have to bring dishes to and more time on the actual delivery, giving customers an impression of operational efficiency, reducing cost for restaurant operations, and driving earnings higher. This is even more important when employment level in the United States is weak and people are still trading down to lower cost food. As Dave Praws, executive chef for Blue Lemon LLC says, “We’re able to deliver food quickly and efficiently and, in fast-casual, that’s what we are about. Without that ability, we’d be ‘slow-casual.’â€
For more:Â http://marketrealist.com/2013/10/restaurants-improve-efficiency-tablets-technology/
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Filed under Guest Issues, Labor Issues, Management And Ownership, Risk Management, Technology, Training
Hospitality Industry Employment Issues: Management Must Have An “Interactive ADA Compliance Process” To Insure “Reasonable Accomodation” Of Employee Disabilities; Conduct “Brainstorming Meetings” To Enable Continued Performance Of Job Duties
“…the interactive process is the name given to the process that an employer utilizes in order to determine the appropriate reasonable accommodation that 
will enable an employee with a disability to perform the essential functions of the position…”
“A primary goal (is a) meeting to determine what problems the employee is having in performing their job tasks because of a disability. This entails soliciting ideas from the employee about what you could provide that would enable the employee to perform his or her job duties…”
If the supervisor who is asked for an accommodation can easily provide one, then he or she should do so as soon as possible. However, to establish that you have engaged in good faith in the interactive process, best practice is to schedule a meeting with the employee, the employee’s supervisor and someone from HR. In addition to soliciting ideas, you may also suggest solutions. The purpose of this brainstorming meeting is to come away with suggestions to enable the employee to continue working. A couple of suggestions:
- If the employee has a work-related injury, consider involving your workers’ compensation carrier to determine whether there are any monies from your state workers’ compensation division to assist you in making workplace modifications. In Oregon, such funds may be available through the employer at injury program.
- If you are not sure of an accommodation, consider calling in an expert. This can be accomplished through a phone call to the Job Accommodation Network (JAN), or you can locate a vocational rehabilitation specialist to assist.
- If you do consult an outside resource, like JAN, be careful about ensuring confidentiality. Do not disclose the employee’s name and identifying information.
- Keep an open mind.
- In choosing the accommodation, it is a good idea to understand the employee’s preference, but the employee does not get to choose the accommodation – the employer does. The law requires only that the accommodation be reasonable. Eliminating the requirement to perform an essential job function is not a reasonable accommodation. The employee must still be able to perform the essential job function with an accommodation. Examples of reasonable accommodations include:
- Job restructuring
- Equipment (i.e., sit stand desks, lifting mechanisms, carts, new chairs, modified work stations, etc…)
- Leave of absence
- Change in work schedule
- Job reassignment to an available and suitable job
- Modified workplace policies
For more:Â http://www.lexology.com/library/detail.aspx?g=601d48c8-025b-482a-abf9-4f56bd75c350
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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training
P3 Hospitality Industry Risk Report: “Innkeeper’s Limit Of Liability” By Petra Risk Solutions’ Director Of Risk Management Todd Seiders (Video)
[vimeo http://www.vimeo.com/52513786 w=630&h=354]
Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Innkeeper’s Limit of Liability’.Â
  P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.
 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.
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Filed under Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Legal Risks: Louisiana Hotel Sued For “Negligence” By Woman Who Tripped On “Elevated Transom” In Bathroom; Seeks Damages For Surgeries For Fractures To Leg, Physical Therapy, Loss Of Consortium
“…(the plaintiff) allegedly made her way to the bathroom and “literally stumbled upon a hidden trap in the form of an unexpected change in 
elevation between the bathroom and the bedroom, causing her to stumble and suffer severe injuries to her left leg, including a fracture The defendant is accused of failing to warn, failing to fix the change of elevation, failing to properly design the floor, failing to act as a reasonable or prudent person would under the same or similar circumstances and being otherwise negligent…(the lawsuit) seeks an unspecified amount of damages for severe and permanent injuries to her body and mind, multiple surgeries fracture necessitated, the implementation of hardware and many doctors and physical therapy visits…”
A woman who broke her leg after allegedly tripping and falling on an elevated transom is suing a local hotel where the incident occurred. Rebecca Bofinger, husband and William, filed suit against Hotel Provincial LLC, Provincial Motels Inc. and Zurich American Insurance Company in the Orleans Parish Civil District Court on August 8.
The suit states that on Aug. 9, 2012, the plaintiffs, both Baton Rouge residents, traveled to New Orleans, where they stayed at the Hotel Provincial.
Additionally, as a consequence of the accident, plaintiff William Bofinger has suffered a loss of his wife’s services, including but not limited to loss of society, loss of services, loss of consortium, and loss of love and affection.
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Filed under Guest Issues, Injuries, Liability, Management And Ownership
Hospitality Industry Legal Risks: Employers Unaware Of A Co-Worker’s Harassment Are Still “Vicariously Liable” If Done By A “Supervisor”; Defined As Power To Take “Tangible Employment Actions” In “Hiring, Firing, Decisions On Benefits”
“…The enforcement guidance issued by the EEOC interprets broadly which employees should be considered “supervisors†under Title VII. 
According to the guidance, any individual with the ability to exercise significant direction over another’s daily work is a supervisor, and the employer would be liable for their acts…The U.S. Supreme Court rejected the EEOC’s stance with the 2013 case of Vance v. Ball State University. If the employer is unaware of a co-worker’s harassment, the Supreme Court decided that employers should only be vicariously liable under Title VII for a co-employee’s harassing behavior if the employer granted them the power to take “tangible employment actions,†such as hiring, firing, failing to promote, significant reassignment, or decisions causing significant changes in the employee’s benefits…”
Employers are not automatically liable for harassment committed by all employees. If the employer is aware of harassment occurring and does not take steps to address and stop it, then the employer has some exposure. If the employer is not aware of the harassment, the employer may be liable if the harasser is considered under the law to be a “supervisor.â€
Some harassment lawsuits turn on whether the person who was doing the harassing should be treated as a supervisor. A recent Tenth Circuit Court of Appeals decision (which applies to Oklahoma employers), sets some guidelines for what employees are considered supervisors, for purposes of imposing potential harassment liability on employers.
Priess Enterprises operated a McDonald’s restaurant in Cheyenne, Wyoming. Megan McCafferty began working as a crew member on February 15, 2007. Her shift leader was Jacob Peterson. Peterson participated in the restaurant’s “Manager-in-Training†program. He was also responsible for directing day-to-day activities of shift workers like McCafferty. His responsibilities included assigning duties, scheduling breaks, authorizing crew members to leave early or stay late, and writing up employees for misconduct. Everyone agreed that Peterson did not have the authority to hire, fire, promote, demote or transfer other employees.
McCafferty, a high school student, agreed to cover another employee’s shift, but explained to Peterson she would need a ride from school. As promised, Peterson picked up McCafferty from school and checked her out of class early. Peterson told McCafferty that she had been excused from her shift, and asked her if she wanted to “hang out.â€
When she accepted his invitation, Peterson offered McCafferty marijuana. Peterson and McCafferty spent the next two days together, which involved alcohol, methamphetamines and sex. Eventually, McCafferty’s sister spotted her, pulled McCafferty from Peterson’s car, and called the police. When McCafferty did not contact anyone at McDonald’s, the restaurant treated McCafferty as having resigned.
McCafferty filed a charge of discrimination with the Equal Employment Opportunity Commission, and later filed a lawsuit against the restaurant and Peterson. McCafferty claimed Peterson was a supervisor under Title VII, and that she had been sexually harassed. McCafferty also included a state law claim, accusing the restaurant of being negligent in hiring, supervising and retaining Peterson.
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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training
