Author Archives: Ida

by | June 6, 2013 · 6:15 am

Hospitality Industry Legal Risks: Maryland Restaurant Owner Faces “Sexual Harassment And Retaliation” Charges In Lawsuit Filed By EEOC

“…the EEOC seeks injunctive relief prohibiting Basta Pasta from engaging in sexual harassment or retaliation, as well as lost wages and compensatory and punitive damages for Smith, Doe, Kokkinakos and other similarly-situated female employees, and other affirmative EEOCrelief…’No employee, male or female, should have to endure being subjected to offensive sexual comments and touching in order to earn a living, but the unlawful harassment is even more vile and intolerable when it includes sexual assaults by a company owner’…”

SPOA, LLC, which runs the Italian restaurants Basta Pasta in Fallston and Lutherville-Timonium, Md., subjected female employees to flagrant sexual harassment and fired a manager who complained about the harassment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

The EEOC alleged that the restaurant owner repeatedly subjected female employees, some of whom were teenagers, to unwelcome and offensive sexual harassment, including touching them on their buttocks, lower backs and shoulders; rubbing his genitalia against the buttocks of female employees; leering at female employees and making comments about their bodies, including calling them “sexy” or “hot;” making sexually suggestive remarks and crude sexual innuendos; and asking for massages.

The EEOC further charged that the owner pressured female employees to have alcoholic drinks at the end of their shifts and acted offended if they did not stay and drink.  The EEOC alleges that the owner gave one female employee, “Mary Smith,” alcohol, causing her to pass out and later wake up vomiting, and that Smith believed the owner drugged her in an attempt to sexually assault her.  The EEOC also charged that the owner took another female employee, “Jane Doe,” to his house, purportedly to talk about a management opportunity, but instead Doe believes he drugged and sexually assaulted her.  (Given the public interest in protecting the identities of sexual assault victims and attempted sexual assault victims, the EEOC is utilizing pseudonyms.)

The sexual harassment was so intolerable that these two employees felt compelled to quit their jobs, the EEOC says in the lawsuit.  Jane Doe was 18 years old when she started working for the company and 21 years old when she was forced to quit her job due to the sexual harassment.

The EEOC also charges that a restaurant manager, Dimitra Kokkinakos, had complained to management about the owner’s sexually offensive behavior but the company failed to take action to stop the harassment.  After learning that Kokkinakos had been in touch with Jane Doe, the restaurant warned Kokkinakos to “keep her mouth shut” and fired her in retaliation for her opposition to the sexual harassment.  The restaurant also threatened Kokkinakos when she participated in the EEOC investigation, including pressuring her to recant her testimony, according to the lawsuit.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/6-5-13.cfm

Comments Off on Hospitality Industry Legal Risks: Maryland Restaurant Owner Faces “Sexual Harassment And Retaliation” Charges In Lawsuit Filed By EEOC

Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership

Tagged as , , , , , ,

by | June 5, 2013 · 6:33 am

Hospitality Industry Legal Risks: Texas Restaurant Group Faces “Wage Violation Class-Action Lawsuit” Over Tip Sharing, Food Discount Deductions

“…(the lawsuit) alleges that a Rainforest Cafes policy illegally required servers to share their tips with some employees who were not part of the wait staff…(plaintiffs were forced) to split tips with hosts, who do not qualify as wait staff because they do not serve food or beverages, or clear Hospitality Industry Wage Violation Lawsuitstables…The suit also targets a “discount program” at Rainforest Cafe that deducts a flat fee from employee paychecks to cover any drinks consumed at work and provides a discount on food…the deduction is too high and violates state law by requiring employees to pay more for food than it costs the employer…”

A Boston law firm filed a suit seeking class-action status Monday against one of the nation’s largest restaurant groups alleging the company’s Rainforest Cafe in Burlington violated state wage laws. Two servers employed at the Rainforest Cafe since 1998 are named plaintiffs in the case. Hundreds of workers might qualify for damages, according attorney Hillary Schwab of Fair Work, P.C.

The defendant, Landry’s Inc., is the Houston parent company of more than 40 restaurants chains across the county with total US sales of about $1.67 billion last year, according to restaurant industry research firm Technomic. Landry’s, run by chief executive Tilman J. Fertitta, a Houston billionaire, owns a number of restaurants groups with a presence in Massachusetts, including Morton’s The Steakhouse, Chart House, McCormick & Schmick’s, and the Oceanaire Seafood Room.

The plaintiffs are seeking restitution for all gratuities not received, wages not paid in full, money deducted from pay, and all court and attorney fees. Schwab said she will attempt to determine whether the tip practice is limited to the Rainforest Cafe or is a Landry’s corporate policy that might affect other restaurants in the state.

For more:  http://www.bostonglobe.com/business/2013/06/03/rainforest-cafe-servers-sue-restaurant-over-tip-policy/IOwix0twRIooe1FP8Cz4fJ/story.html

Comments Off on Hospitality Industry Legal Risks: Texas Restaurant Group Faces “Wage Violation Class-Action Lawsuit” Over Tip Sharing, Food Discount Deductions

Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

Tagged as , , , , ,

by | June 4, 2013 · 6:04 am

Hospitality Industry Risk Solutions: “3rd Global Congress On Travel Risk Management” To Be Hosted By HospitalityLawyer.com On Sept. 30 – Oct 1 In Houston, TX (Video)

[youtube=http://www.youtube.com/watch?v=ij1BHdG4N-8&feature=player_embedded]

HospitalityLawyer.com Education Partner II

HospitalityLawyer.com

HospitalityLawyer.com, in coordination with the Greater Houston Convention & Visitors Bureau, will host the 3rd Global Congress on Travel Risk Management, September 30 to October 1, 2013, in Houston, Texas, at the Galleria Omni Hotel. The Global Congress focuses on  solutions enabling businesses and governments to meet their Duty of Care to mobile employees and protecting mobile data.

The travel, tourism and hospitality industries are a $3.5 trillion global economic powerhouse encompassing transportation, lodging, and venues and events. Governments around the world spend trillions on infrastructure and travel support systems. Disruptions are costly, both financially and in customer goodwill. The Global Congress’s objective is to facilitate the delivery of safe, secure and uninterrupted travel via an all-encompassing public-private dialogue dedicated to the sharing of best practices for issues faced by the global travel, tourism and hospitality industries.

For more:  http://www.hospitalitylawyer.com/?post_type=gc&p=565

Comments Off on Hospitality Industry Risk Solutions: “3rd Global Congress On Travel Risk Management” To Be Hosted By HospitalityLawyer.com On Sept. 30 – Oct 1 In Houston, TX (Video)

Filed under Conferences, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Tagged as , , , , , ,

by | June 3, 2013 · 6:26 am

Hospitality Industry Technology Solutions: Hotels Increasingly Targeting “Millennials” With Free Wi-Fi, “Coffeehouse-Like Workspaces” And Unique, Local Food & Amenities

“…Hoteliers and researchers say Millennials, those generally born in the 1980s to the early 2000s, are unique travelers because they want to stay Hotel Technology Solutionsconstantly connected through social media, they want coffeehouse-like spaces where they can work and play, and they want unique and local amenities. They also want it all instantly and in a comfortable, modern setting…”

A survey last year by Boston Consulting Group of 4,000 Millennials ages 16 to 34 and 1,000 non-Millennials ages 35 to 74 found key differences between consumers in both age groups. Millennials value speed and convenience, are more likely to trust advice from peers than people with professional credentials and use technology to connect with more people in real time, the study found.

King says AC Hotels will appeal to those travelers who appreciate design, technology, good lighting and quick, efficient service.  An AC Lounge will have a menu of small plates, cocktails, wines and craft beers. Visitors will be able to book spaces for meetings from their smartphones using Marriott’s Workspace on Demand app. And Wi-Fi will be free throughout the property.

Commune’s Tommie, which will launch in New York in 2015, is unabashedly going after Millennials. Public lounges called Reading Rooms will promote socializing. Guests will be able to check themselves in and dine from a gourmet grab-and-go marketplace. Rates will stay in the mid-$200 range because of the limited services.

For more:  http://www.usatoday.com/story/travel/hotels/2013/06/03/marriott-hotel-brand-millennials/2382003/

Comments Off on Hospitality Industry Technology Solutions: Hotels Increasingly Targeting “Millennials” With Free Wi-Fi, “Coffeehouse-Like Workspaces” And Unique, Local Food & Amenities

Filed under Guest Issues, Management And Ownership, Risk Management, Technology

Tagged as , , , ,

by | June 2, 2013 · 6:50 am

Hospitality Industry Safety Risks: Alabama Hotel Guests Hospitalized By “Excessive Pool Chlorine Exposure”; Employee Failed To Turn Pump On

Hotel Pool Chlorine Health Issues“…employees of the hotel were putting chlorine in the pool without the pump on.  When the pump was turned back on, chlorine came out too fast instead of gradually…”

Nine people were sickened Sunday after coming into contact with too much chlorine at the Renaissance Birmingham Ross Bridge Golf Resort & Spa in Hoover.

Hoover Fire and Rescue were called out Sunday afternoon to the hotel pool where nine people had become ill.

Five people were treated on the scene. Two adults and two children were transported to local hospitals.
The pool was closed down for a short time but has since been reopened.

For more:  http://www.myfoxal.com/story/22427405/nine-people-sick-after-coming-into-contact-with-chlorine-at-a-hoover-hotel-pool

2 Comments

Filed under Guest Issues, Health, Injuries, Labor Issues, Liability, Maintenance, Pool And Spa

Tagged as , , , , , ,

by | June 1, 2013 · 6:41 am

Hospitality Industry Safety Risks: Hawaii Hotel Fined $48,000 By OSHA For 14 “Workplace Safety And Health Violations”; Lack Of Employee Training

According to the OSHA release, the serious violations at Kauai Beach Resort involved storage, handling and labeling of propane tanks, electrical wiring, electrical work practices by untrained maintenance personnel, and training and use of personal respiratory and Hospitality Industry OSHA Safety And Health It's The Lawelectrical protective equipment.

A popular Kauai hotel received 14 workplace safety and health standards violations on Thursday, and nine of them were serious enough for the U.S. Department of Labor’s Occupational Safety and Health Administration to take action. Kauai Beach Resort in Lihue faces a total of $48,000 in proposed fines. Kai Management Services of Lihue, the management company for Kauai Beach Resort, received the violations following a routine inspection conducted on Feb. 14 by the OSHA Honolulu Area Office.

  • Workers mixing chlorine for swimming pools do not present a hazard to swimmers. Failing to follow proper safety precautions puts the workers health in jeopardy and it is the responsibility of the employer to train them, he said.
  • The maid service handles chemicals and it is the responsibility of management to ensure they are trained and using safety equipment, he said.
  • Untrained workers altering the wiring of an electrical panel in performing day-to-day maintenance is a serious violation. Management must ensure that only qualified personnel work on energized circuits, he said.
  • Another violation included the incorrect use of flexible cords as substitutes for fixed wiring. In some instances this occurs from daisy-chaining several electrical strips in an industrial kitchen, where an overload from high amperage appliances could cause melting and a fire hazard, Lemke said.

For more:  http://thegardenisland.com/news/local/kauai-beach-resort-faces-k-in-fines-for-safety-violations/article_a38a085c-c9b5-11e2-828f-0019bb2963f4.html

Comments Off on Hospitality Industry Safety Risks: Hawaii Hotel Fined $48,000 By OSHA For 14 “Workplace Safety And Health Violations”; Lack Of Employee Training

Filed under Health, Labor Issues, Liability, Maintenance, Risk Management, Training

Tagged as , , , , , ,

by | May 31, 2013 · 6:00 am

Hospitality Industry Legal Risks: Hawaii Restaurant Group Settles “Sexual Harassment” Lawsuit With EEOC For $150,000, Harassment Training For All Employees & Managers

“…the (kitchen) supervisor subjected the workers, some of whom were between the ages of 17 and 19, to sexual comments, language and advances, the EEOC said.  Upon reporting the harassment to the general manager, the EEOC said, Panda Express management failed to take EEOCenough action to stop or correct the situation…”

Chinese quick service restaurant giant Panda Express will pay $150,000 to settle an EEOC lawsuit on behalf of at least three female teenagers who were allegedly sexually harassed between 2007 and 2009 while working in a restaurant in Kauai, Hawaii, the federal agency announced today.

Sexual harassment violates Title VII of the Civil Rights Act of 1964.  The EEOC filed its lawsuit in September 2012 in U.S. District Court for the District of Hawaii (EEOC v. Panda Express, Inc. and Panda Restaurant Groups, Inc., Case No. 1:12-cv-00530-SOM-RLP) after first attempting to reach a pre-litigation settlement through its conciliation process.  As part of the settlement announced today, the parties entered into a two-year consent decree requiring Panda Express to designate an in-house equal employment opportunity (EEO) coordinator; revise and distribute its anti-harassment policy and procedures; and provide annual sexual harassment training to all employees in Kapaa and to all general managers in the state of Hawaii.  EEOC will monitor compliance with the agreement, and Panda Express agreed to reinforce its protocols relating to complaints of sexual harassment in its Hawaii region.

“We commend Panda Express for working with the EEOC to correct serious lapses in dealing with sexual harassment in the workplace,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Hawaii in its jurisdiction.  “We trust that Panda Express’s company values are consistent with the goals of the EEOC’s mission, and we commend them for agreeing to broader injunctive remedies to ensure that the workers in Hawaii are protected.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/5-29-13a.cfm

Comments Off on Hospitality Industry Legal Risks: Hawaii Restaurant Group Settles “Sexual Harassment” Lawsuit With EEOC For $150,000, Harassment Training For All Employees & Managers

Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Tagged as , , , , , ,

by | May 30, 2013 · 5:58 am

Hospitality Industry Crime Risks: New York Hotel Rooms Burglarized By Man Who Stole Housekeeping Master Key

“…An investigation found the housekeeping master key had been stolen. Maintenance personnel reported an individual had been seen using a card to enter a room other than his own, and more guests reported thefts and observations of someone entering rooms without authorization…A hotel thefthotel guest on the second floor claimed that when he returned to his room at 7 p.m. he found his suitcases unzipped, marks on a locked briefcase, two watches and other personal items missing, as well as the dresser from the room…”

After allegedly stealing the master key from the Super 8 Hotel on Route 17, a Hillburn, N.Y., man was arrested on charges of burglary, theft, and drug possession, according to Police Chief James Batelli. Frank Hadley, 40, who was a registered guest in a room on the third floor of the hotel from May 14-21, was arrested Monday, May 20, after an investigation by the Mahwah Police Department found he had stolen the master key and broke into hotel rooms.

Another guest, who was also staying on the second floor, reported that he was wakened by a knock at his door followed by the sound of the key card accessing the room. The guest went to grab the door and confronted the perpetuator who “rambled about having problems with satellite reception on the third floor,” Batelli said. The customer didn’t get a good look of the man at his door because of poor lighting, he said.

For more:  http://www.northjersey.com/news/209458021_Alleged_Mahwah_hotel_theif_stole_master_key.html

Comments Off on Hospitality Industry Crime Risks: New York Hotel Rooms Burglarized By Man Who Stole Housekeeping Master Key

Filed under Crime, Guest Issues, Liability, Management And Ownership, Risk Management, Theft

Tagged as , , , , ,

by | May 29, 2013 · 6:25 am

Hospitality Industry Property Risks: Michigan Restaurant “Electrical Fire” Spreads Throughout Ceiling Area, Causing $400,000 In Damage

“…the fire started above the ceiling, in the attic space, (where) there is some wiring in that immediate area…one of the employees could hear some crackling above the ceiling…the fire began in an area right above Restaurant Firethe entrance to the restaurant. Firefighters had to break into the ceiling of the 5,500-square-foot restaurant to put out the blaze…”

Investigators say an electrical fire caused about $400,000 in damage to a popular Clinton Township restaurant Tuesday night. The fire broke out at J. Baldwin’s Restaurant & To-Go location at 16981 Eighteen Mile Road at about 9:54 p.m., Clinton Township Fire Chief Jack Shea said today.

The main fire was under control in 20 minutes, but it took another couple of hours to put out small fires that had extended elsewhere in the building, Shea said. Firefighters cleared the scene at around 12:30 p.m.

The restaurant is open until 10 p.m. on Tuesdays, according to the company’s website. Shea said there were people at the establishment, but it was about to close. No one was injured in the blaze.

For more:  http://www.freep.com/article/20130529/NEWS04/305290076/j-baldwins-fire-restaurant-clinton

Comments Off on Hospitality Industry Property Risks: Michigan Restaurant “Electrical Fire” Spreads Throughout Ceiling Area, Causing $400,000 In Damage

Filed under Claims, Fire, Insurance, Management And Ownership, Risk Management

Tagged as , , , , ,

by | May 28, 2013 · 5:59 am

Hospitality Industry Crime Solutions: Alaska Restaurant Uses “Facebook Posting” To Track Down Thieves Who Broke Into Company Freezer

“…In Facebook postings that began Saturday morning, the owner of Kriner’s Diner said they had surveillance camera footage of a car and at Restaurant Social Media Helps Find Thievesleast two suspects who, the diner’s owner alleges, broke into the company freezer just before 5 a.m. Saturday…Once the pictures hit the web, they spread rapidly online. The operator of the diner’s page said just one picture was shared nearly 48,000 times within 24 hours of being posted…”

The owners of a Midtown restaurant are crediting social media with helping nab the suspects who stole meat from the company freezer. The payoff came Sunday, just after noon, when Kriner’s Diner updated its Facebook page, writing that “Facebook friends” had spotted the car in question and called the police, resulting in an arrest.

It’s a call the restaurant’s owner said wouldn’t have happened without the postings on social media.

“I had mentioned what had happened on my page, and you know, tips just started pouring in and people wanted to help,” Andy Kriner said Monday. “I posted it on our Kriner’s Facebook page and within 30 hours, they were in custody.”

Kriner said he uses the social network often, posting specials and other information about his restaurant, but never before had he used it like this.

“An average post of mine has 1,500 views, and I have a lot of people go on there day to day just to look at our lunch specials,” he said. “I think that this probably had a lot to do with it.”

Kriner said he couldn’t comment on the details of the still-active investigation—he declined to disclose just how much meat or what other products were stolen, nor how many suspects had been arrested—but he said the postings on Facebook played a vital role making the arrest.

For more:  http://www.ktva.com/home/outbound-xml-feeds/Facebook-Helps-Nab-Suspect-in-Freezer-Theft-209112041.html

2 Comments

Filed under Crime, Maintenance, Risk Management, Technology, Theft

Tagged as , , , , , ,