Author Archives: Ida

by | September 17, 2013 · 6:11 am

Hospitality Industry Legal Risks: Illinois Restaurant Sued For “Negligence” By Woman Who Slipped In Puddle Of Water; Seeking $50,000 For “Leg Injuries, Pain And Suffering”

“…(the plaintiff) blames the restaurant for causing her injuries, saying its employees negligently allowed a puddle of water to remain on its Hospitality Industry Injury Lawsuitspremises, failed to remove the puddle, failed to reasonably inspect the premises and failed to properly manage the restaurant…In addition to her injuries, (she) became sick, lame, disordered and disabled; experienced pain and suffering; incurred medical costs; and suffered disability and disfigurement, the suit states. She also lost earnings and wages, the complaint says…”

A woman claims suffered left knee and leg injuries after she fell on a puddle of water at a Mexican restaurant. Andrea B. Mercer filed a lawsuit Aug. 29 in Madison County Circuit Court against Chivas doing business as Carisilos Mexican Restaurant. In her complaint, Mercer alleges she was eating at Carisilos, which is located at 1978 Vandalia St. in Collinsville, on Sept. 3, 2011, when she fell on a puddle of water in the restaurant.

In her complaint, Mercer seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

For more:  http://madisonrecord.com/issues/366-personal-injury/259131-collinsville-mexican-restaurant-sued-by-customer-over-slip-and-fall

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by | September 16, 2013 · 8:03 am

Hospitality Industry Technology Solutions: Hotel “Housekeeper” App For Smartphones And Tablets Improves Staff Efficiency; “Room Status And Problems” Reported Directly To Property Management System

“…the new ‘Housekeeper’ application is proven to deliver an average 50% reduction in the time required to carry out housekeeping and hotel Hotel Technology Solutionssupport tasks, enhanced staff communication, as well as powerful reporting capabilities…with quicker response and improved communication with the housekeeping staff we are able to better serve our guests and get a real-time picture of the room status…”

Building on its growing range of mobile applications and cloud-based services, Housekeeper provides an alternative to Quadriga’s established, fixed TV-based housekeeping solution, integrated into its Sensiq guest communications and entertainment platform. The Hibox Housekeeper application is a web-based service which can be hosted in the cloud and provides hotel staff with easy and immediate reporting capabilities via most web-enabled mobile devices. Services include the reporting of room status to the hotel PMS, minibar usage and rooms fault reporting and management, as well as a staff messaging tool.

Housekeeper is already deployed in hotels across the Nordic region and is now available worldwide. Juha Peltonen, Hotel Manager at Hotel Haikko Manor, Porvoo, Finland, says, “The Housekeeper application gives us an easy-to-use tool to manage the housekeeping tasks. Also we are able to reduce the housekeeping costs with improved monitoring and reporting.”

For more:  http://www.hospitalitynet.org/news/4062156.html

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by | September 15, 2013 · 5:34 am

Hospitality Industry Legal Risks: Tennessee Restaurant Sued For “Sexual Harassment And Retaliation” By EEOC; Manager Made “Offensive Comments, Physical Contact” With Teenage Worker

“…About two months after she began working there, the KFC’s 54 year-old store manager began making unwelcome and offensive comments EEOCand physical contacts. The EEOC further charges that the company retaliated against the minor by removing her from the work schedule and firing her within weeks after she reported the harassment to other management officials… The lawsuit asks the court to grant a permanent injunction preventing Memphis Foods from engaging in or condoning sexual harassment; and award appropriate back wages, compensatory and punitive damages…”

Memphis Foods LLC, the owner of a Memphis KFC restaurant, violated federal law by subjecting a teenage employee to sexual harassment and retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced yesterday.

According to the EEOC’s lawsuit, the 16-year-old female worked as a crew member for the KFC restaurant on Winchester Road in Memphis.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in the U.S. District Court for Western District of Tennessee, Western Division, (Civil Action No. 2:13-cv-02712) after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.

“Sexual harassment and retaliation in the workplace are always unconscionable, especially when minors are targeted and victimized,” said Katharine W. Kores, director of the EEOC’s Memphis District Office, which serves Tennessee, Arkansas and Northern Mississippi. “This agency considers the protection of minors in the workplace an important priority for eradicating employment discrimination.”

Memphis Foods LLC is an Arkansas limited liability company that owns and operates KFC and Taco Bell Restaurants throughout the greater Memphis area. Overall, the company operates more than 60 restaurants in Tennessee, Arkansas, Kentucky, Illinois and Missouri.

The EEOC recently updated its Youth@Work website (at http://www.eeoc.gov/youth/), which presents information for teens and other young workers about employment discrimination. The website also contains curriculum guides for students and teachers and videos to help young workers learn about their rights and responsibilities in the workforce.

The EEOC is responsible for enforcing federal laws that prohibit employment discrimination. Further information is available at www.eeoc.gov.

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by | September 14, 2013 · 1:37 am

Hospitality Industry Legal Risks: Immigration And Customs Enforcement (ICE) Employment Audits Targeted Restaurants (38%) In 2012; “Silent Raids” Force Workers To Lose Jobs, Large Fines For “Paperwork Errors”

“The administration appears to start with the presumption that employers are not telling the truth about their listed employees…”

U.S. Immigration and Customs Enforcement“…(an Ohio) restaurant was audited in early 2012. No undocumented workers were found…but paperwork errors resulted in a $27,500 fine, which didn’t get reduced. The company paid another $7,500 to have an immigration attorney handle the case and review the I-9 forms of the other 13 restaurants to make sure they were filled out correctly…”

“In late 2010, (a national restaurant) chain lost about 450 Minnesota workers, between 30% and 40% of its employees there…Last year, the burrito chain announced it was under federal investigation over possible criminal securities law violations related to communications to investors of work-authorization compliance. The company has said it is cooperating fully with the investigation…”

The U.S. government has launched a fresh crackdown on employers suspected of hiring illegal immigrants by notifying about 1,000 businesses across the country in recent weeks they must submit documents for audits. The so-called “silent raids” are the largest since July 2009 when just as many companies were notified, according to immigration attorneys, and weren’t publicly disclosed by Immigration and Customs Enforcement, the agency that conducts such inspections.

While the audits don’t lead to the deportation of a firm’s illegal workers, they lose their jobs if discovered. Critics of the crackdown say it drives more immigrants to eploitative, off-the-books work. For employers, the audits can lead to deep losses in productivity, in addition to civil and criminal fines, and many workers end up getting hired by competitors.

For more:  http://online.wsj.com/article/SB10001424127887324755104579071331936331534.html

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by | September 13, 2013 · 5:19 am

Hospitality Industry Health Hazards: Hotel Owners Must Be Aware Of Risks From “Naegleria Fowleriis”, Known As “Brain-Eating Amoeba” In Warm Fresh Water On Or Around Their Premises

HospitalityLawyer.com“…Hotel owners and operators must be aware of potential N.fowleri hazards in bodies of water on or around their premises. If you offer guests access to recreational bodies of warm fresh water, we recommend making N.fowleri informational brochures available at your front desk; you may even consider providing complimentary nose plugs. Of course, it is absolutely essential that you keep all swimming pools and hot tubs properly chlorinated. Don’t assume that the water in hot tubs and/or hot springs is sufficiently hot to kill N.fowleri; the amoeba can survive temperatures well in excess of 115°F (46°C) for short periods of time…”

Naegleria Fowleri Amoebic Meningitis RiskNaegleria fowleriis an amoeba common to warm bodies of fresh water, including lakes and unchlorinated or poorly chlorinated swimming pools. This amoeba can infect the human nervous system and induce a lethal form of encephalitis when a victim insufflates contaminated water deep into the nasal cavities; while infection is relatively rare, only one percent of all victims survive. This parasite has made the news in recent years with the moniker “brain-eating amoeba” because it feeds on the proteins that help form neurons in our brains.

HospitalityLawyer Converge Solutions

http://hlconverge.com/

Both travelers and hotel owners/operators need to understand the conditions that encourage N.fowleri infection, as this amoeba presents a significant health hazard and a potential liability. N.fowleri thrives in warm fresh water; it cannot survive in very cold, salty, or properly chlorinated water. Infections typically occur in stagnant bodies of water, often after swimmers have stirred up sediment (which contains N.fowleri spores), and usually involve an activity like jumping, diving, or wakeboarding. In 2012, two people in Louisiana died from N.fowleri infection after using contaminated tap water with their neti pots. Death almost always occurs one to twelve days after infection.

This past summer, a four year-old boy in Bernard Parish, Louisiana, died of PAM (primary amebic meningoencephalitis, the extremely lethal result of N.fowleri infection) after playing on a Slip ‘n Slide. A twelve year-old boy in LaBelle, Florida, died of PAM after kneeboarding in a water-filled ditch near his home. One very lucky twelve year-old girl from Arkansas managed to survive an N.fowleri infection, making her the third survivor in the recorded history of the disease.

For more:  http://hlconverge.com/

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by | September 12, 2013 · 6:12 am

Hospitality Industry Health Risks: Arizona Restaurant Conducts “Full Re-Sanitizing” And “Enhanced Cleaning Protocols” With Consultant After E. Coli Outbreak Hospitalized 23 Customers

“…(the restaurant) said it disposed of all food and conducted “a full re-sanitizing of the restaurant” before reopening it. The company also noted Restaurant Food Safetythat it had worked with best-selling author and consultant Linda Cobb, known as the “Queen of Clean,” to “enhance its cleaning protocols”…of those who became ill in the exposure between July 18 and July 30, at least 23 were hospitalized, including two children who developed hemolytic uremic syndrome, a complication of E. coli infection that can cause kidney failure. The children required hospitalization, blood transfusions and dialysis..”

A Federico’s Mexican Food Restaurant in Litchfield Park, Ariz. that was linked to 79 cases of E. coli infection in July has reopened with new cleaning protocols in place and plans for a promotion to allay customers’ concerns about food safety.

On Aug. 1, the Maricopa County Department of Public Health informed Federico’s that it suspected some people had fallen ill from E. coli after eating at its Litchfield Park location. The company closed the restaurant for three days and reopened Aug. 5.

Owners of Federico’s, which has 20 units in the Phoenix, Ariz., area, said that the Maricopa County Department of Public Health has yet to determine the source of the E. coli O157:H7 infection.

For more:  http://nrn.com/food-safety/federico-s-restaurant-reopens-after-e-coli-outbreak

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by | September 11, 2013 · 6:17 am

Hospitality Industry Safety Issues: Top Restaurant Review Website Posts “City Health Inspection Scores” Online; Consumers Can Now More Easily View Inspection Background And History

“…Yelp’s data come from city health inspectors, and the site displays the same information a consumer could find on a government site. But Online Restaurant Health Inspectionsthose sites can be unwieldy and, as Yelp Director of Public Policy Luther Lowe puts it…“Nobody goes to the .gov websites before they go to Yelp. The goal is to put highly relevant information that’s created by taxpayers in a context that makes a lot of sense.”…In a city committed to open data, inspection scores were already available online, via mobile app and in the restaurants themselves. But the new Yelp feature “goes a little bit further” by allowing consumers to read about inspection background and history…”

Yelp.com is starting to make it easier for diners to find a place to eat without getting sick.In August, Louisville became the second city to incorporate health-inspection information into its restaurant pages on the user-review site. San Francisco — Yelp’s home turf — was the first to do so back in January. Now, listed among a restaurant’s business attributes (hours, parking, Wi-Fi access, etc.) is its health score out of 100 possible points and a link to a description of  violations and previous inspections.

The new feature is “empowering the public with information,” says Kathy Harrison, communications director for the Louisville Metro Department for Public Health and Wellness.

The response to the addition of health scores has been “overwhelmingly positive,” Lowe says, and Yelp is currently working with a half-dozen other cities to bring health scores to their restaurant pages over the next several months.

For more:  http://www.foodsafetynews.com/2013/09/yelp-is-posting-health-inspection-scores/#.UjB2k0nn-M8

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by | September 10, 2013 · 6:16 am

Hospitality Industry Legal Risks: Florida Hotel Violated Federal Wage & Labor Laws By Creating “Employment Relationship” By “Directly Supervising” Staffing Company Employees

“…investigators determined that the hotel was liable for repayment of back wages because hotel staff had directly supervised those employed Hospitality Industry Wage Violation Lawsuitsby the staffing agency, creating what Young referred to as “joint employment relationship”…generally the using company tries to avoid the responsibility of the employers by staying out of the direct supervision of the employees or payment…however, we found there was enough direct supervision by Castillo Real employees on the staffing company’s employees to then create an employment relationship…Based on that relationship the hotel was found liable for the repayment of back wages…”

The U.S. Department of Labor found that two-thirds of the staffing companies that provide employees to north Florida’s hospitality industry investigated as part of a new initiative were not in compliance with federal wage and labor laws.

According to a DOL release, the hotel will pay $17,890 in back wages after it was discovered that employees provided by staffing company Maja LLC regularly were not paid overtime after working more than 40 hours a week providing services such as housekeeping and laundering. Additionally, some weeks employees’ wages fell below the federally required minimum wage.

Michael Young, district director of the DOL’s Wage and Hour Division’s Jacksonville District Office said the practice of using staffing companies to fill positions formerly managed by hotels themselves is becoming more prevalent across the country. The initiative looking into compliance among staffing companies was undertaken in four of the 10 districts in the Southeast.

For more:  http://news.wjct.org/post/investigation-finds-north-florida-hotels-violated-federal-labor-laws

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by | September 9, 2013 · 6:27 am

Hospitality Industry Legal Risks: Missouri Restaurant Operator Ordered To Pay $20.5 Million To Man Permanently Disabled After Beating In Parking Lot; “Failure To Prevent Fight”, Violated “Disruptive Customer Policies”

 “…(the plaintiff) claimed the fast food giant failed to prevent the fight, poorly trained its employees and violated its own policies for dealing Hospitality Industry Injury Lawsuitswith disruptive customers…(the jury) actually returned a $25 million verdict against Jack in the Box after an eight-day civil trial. That was reduced to $20.5 million after the jury found Aziz to be 18 percent at fault for the attack…”

A City Court jury ordered Jack in the Box restaurants to pay $20.5 million to a man who is permanently disabled from a beating in a parking lot 3 years ago.  Ali Aziz, now 35, was beaten unconscious and spent more than a year in a coma after the June 20, 2012 assault. He has permanent brain damage and cannot walk or feed himself, the St. Louis Post-Dispatch reported.

Aziz, through his mother Annette Brown, sued Jack in the Box in City Court in 2011.  Four people – three men and a woman – pleaded guilty and have gone to prison for it.
Earnest Carter, 22, was sentenced to 12 years in prison; Jasmine Jeffries, 22, to 15 years; Johnnie Lane, 33, to 5 years; and Rwoeshan Booker, 20, to 13 years, the Post-Dispatch reported.

A Jack in the Box spokesman said the company is considering an appeal.

For more:  http://www.courthousenews.com/2013/09/09/60939.htm

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by | September 8, 2013 · 6:15 am

Hospitality Industry Crime Risks: Connecticut Hotel Manager Settles Multimillion Dollar “Wrongful Death Lawsuit”; Woman Murdered In Lobby By Intoxicated Man At Room Party

“…The former managers of a Stamford hotel agreed Friday to settle a multimillion dollar lawsuit brought against the hotel by the family of a 21-Hospitality Industry Wrongful Death Lawsuitsyear-old Greenwich woman stabbed to death by her ex-boyfriend there nearly six years ago…the trial addressed a real important public safety issue — and that was hotel safety…”

Details of the settlement were sealed in a confidentiality agreement, but lawyers for the family of Layla Renee Banks appeared very happy as they left the Main Street courthouse. On Thursday they had asked a jury to return a verdict of $20 million for their clients.

In the late evening of Oct. 13, 2007, a group of teens and young adults from Greenwich, wanting to extend what began as a sweet 16 party at one of their homes, rented a room on the third floor of the five-story hotel. Alcohol use was rampant among the partygoers who swelled to about 100, court documents and police reports show.

By his own admission later to police, he had had about six drinks at the party when he confronted Banks. He wanted to know why she hadn’t returned his emails or phone calls. After they began arguing, Banks screamed for help, eventually fleeing from Botello and the party to the hotel’s lobby, court documents and police reports state.

In a darkened hallway off the lobby, Botello caught up with the young woman, reports state. He clamped his hand over her mouth to prevent her from screaming and in the ensuing struggle he threw her purse down the hall.

Banks began sobbing and crying for help as a hotel worker began vacuuming the end of the hallway, the reports state. Panicked, Botello later told police he pulled out a knife and began stabbing Banks over and over — some 90 times, the medical report states.

For more:  http://www.ctpost.com/local/article/Hotel-murder-lawsuit-settled-4792732.php

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