Category Archives: Employee Practices

Hospitality Industry Legal Update: “Justices Will Decide Privacy Case on Hotel Records” (VIDEO)

“Los Angeles has said the ordinance makes prostitutes and drug dealers less likely to use hotels if they know that the facilities must collect information about guests and make them available to police on a moment’s noticegavel (1)…In dissent, Judge Richard Clifton said that courts previously have ruled that hotel guests have no expectation of privacy in records of their names and room numbers. “A guest’s information is even less personal to the hotel than it is to the guest,” Clifton said.”

The Supreme Court agreed Monday to referee a dispute over police access to hotels’ guest information without first getting a search warrant.

The justices said they will hear an appeal by the city of Los Angeles of a lower court ruling that struck down an ordinance that requires hotel operators to open their guest registries at the demand of police.

The federal appeals court in San Francisco divided 7-4 in ruling that the ordinance violates the privacy rights of the hotels, but not their guests.

For more: http://bit.ly/1zi8CGd

And for more information on how to best handle police requests for information, check out Petra’s own Director of Risk Management, Todd Seiders, in this P3 Risk Management Update “How to Handle Police and Law Enforcement Request for Hotel Guest Information”.

[vimeo https://vimeo.com/109469870 w=500&h=281]

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 Employee Practices, Guest Issues, Hotel Industry, Liability, Management And Ownership, Training

Hospitality Industry Legal Update: “W Hotel Chain Friendly to Prostitutes, New Jersey Couple’s Legal Filing Claims”

Anna Burgese says she was attacked early last year in the lobby of a South Beach W Hotel by drunken hookers80629236 who mistakenly believed she was competition. She and her husband say they hired undercover agents to visit W Hotels all over the country, according to Philadelphia Daily News, and found prostitution runs rampant.

The W Hotel chain openly allows prostitution in their facilities, a New Jersey couple claims in a recent legal filing obtained by the Philadelphia Daily News.

Anna Burgese of Medford, N.J., says she was attacked early last year in the lobby of a South Beach W Hotel by drunken hookers who mistakenly believed she was competition. The attack was captured on surveillance video.

As a result, Anna Burgese and husband Joseph say they hired undercover agents to visit W Hotels all over the country, according to the newspaper.

The legal filing claims that they found that prostitution runs rampant in the hotels and even found that a sex worker at one W Hotel “used the concierge desk to charge her cellphones and store her purse.”

For more: http://nydn.us/1w27joR

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Filed under Crime, Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Liability, Management And Ownership, Risk Management

Hospitality Industry OSHA Update: “Updates to OSHA’s Recordkeeping Rule”

“OSHA will now receive crucial reports of fatalities and severe work-related injuries and illnesses that will significantly osha-logoenhance the agency’s ability to target our resources to save lives and prevent further injury and illness. This new data will enable the agency to identify the workplaces where workers are at the greatest risk and target our compliance assistance and enforcement resources accordingly.”

-Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels OSHA’s updated recordkeeping rule expands the list of severe injuries that employers must report to OSHA.

As of January 1, 2015, all employers must report

  1. All work-related fatalities within 8 hours.
  2. All work-related inpatient hospitalizations, all amputations and all losses of an eye within 24 hours.

You can report to OSHA by

  1. Calling OSHA’s free and confidential number at 1-800-321-OSHA (6742).
  2. Calling your closest Area Office during normal business hours.
  3. Using the new online form that will soon be available.

Only fatalities occurring within 30 days of the work-related incident must be reported to OSHA. Further, for an in-patient hospitalization, amputation or loss of an eye, these incidents must be reported to OSHA only if they occur within 24 hours of the work-related incident.

For more: http://1.usa.gov/1oJPwyW

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Filed under Claims, Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership, Risk Management

Hospitality Industry Legal Update: “Guest Room Privacy and the Fourth Amendment”

In order to create and follow an eviction policy that promotes compliance with the Fourth Amendment, a hotel should identify behaviors that justify eviction.  This requires consultation of the law, including any statutes that govern hotel policies.cop car  The hotel should then train its staff to recognize and respond to behavior that triggers eviction.  A hotel should also provide guests with its eviction policy or communicate in some way the types of behavior that could trigger an eviction.  Finally, in the event of an eviction, the hotel must take steps to communicate to the guest that he or she is being evicted.

Hotels are faced with a delicate balancing act when it comes to maintaining guest privacy.  Hotel staff must comply with police investigations when noncompliance would constitute obstruction of justice.  At the same time, hotel employees must recognize their guests’ Fourth Amendment right to be protected from unreasonable searches and seizures.  If hotel employees comply with an unreasonable search or seizure that results in harm to the guest, the hotel could find itself exposed to civil liability.

Courts have recognized that the Fourth Amendment protection from unreasonable searches and seizures applies to searches and seizures in hotel and motel rooms.  Certain exceptions allow for warrantless searches and seizures, including consent.  In broad terms, the consent exception means that a party’s agreement, actual or implied to a search and/or seizure renders a warrant unnecessary.

For more: http://bit.ly/1pompRR

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Filed under Employee Practices, Guest Issues, Hotel Industry, Management And Ownership, Privacy, Risk Management

Hospitality Industry Legal Update: “Arizona Lawmakers Want Background Checks for Hotel Workers”

“…The attorneys say less than nine months later, in June 2012, the same night clerk raped another woman who was a guest at the hotel, again using the master key to gain access.Arizona They say there is an additional police report from Illinois that claims the man, again working as a night clerk, used the master key to enter her room and attempt to sexually assault her. Neither attorney knew of the man’s current location…”

Hobbs said the existing sex-offender laws — those that dictate where an offender can live and work — are in place to keep the public safe and aware.

“It is unthinkable that this registered offender has exploited loopholes in the law to gain access to sleeping hotel guests and to reoffend,” she said.

Friday’s press conference was the first time the prospect of legislative efforts on the issue had been brought to the attention of the Arizona Lodging & Tourism Association, and officials were unaware of what a proposal would entail, said Kristen Jarnagin, senior vice president of the trade group.

For more: http://bit.ly/1nLAvMG

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Filed under Crime, Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Liability, Management And Ownership, Risk Management

Hospitality Industry Management Update: “Someone’s Been Shot at Your Hotel. What Should Management Do Next?”

“…A full evacuation of a hotel property typically isn’t necessary unless there is a roaming shooter,NOLA Shooter he said. Even then, Cahn’s advice to anybody staying at a hotel when a violent outburst occurs is to remain in place until directed otherwise by police. People pouring into the hallways to leave could give a shooter more targets…”

When a gunman holes up in a hotel room with one or more other people, as happened Sunday at the Westin Canal Place in New Orleans where police said a man shot a friend before killing himself, the first task of hotel management, after making sure police are en route, is to usher other guests someplace safe and comfortable, hotel security specialist Mike Cahn said on Monday.

For more: http://bit.ly/1yArFWE

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Filed under Crime, Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership, Risk Management, Training

Hospitality Industry Management Update: “As Marijuana Becomes Legal in More States, How Should Employers Handle Positive Drug Tests?”

“…Hospitality employers also need to be aware of potential violations of the Americans with Disabilities Act (ADA) associated with medical marijuana.  Employers with facilities in states that allow medical marijuana use may need to provide a reasonable accommodation under the ADA for employees with a valid doctor’s authorization. 042314_acuna_marijuana_640 For instance, the New York statute permitting medical marijuana use automatically classifies every individual who is considered a Certified Patient as disabled.  Therefore, New York employers must engage in an interactive process with the employee to determine whether they need to provide the employee with a reasonable accommodation…”

Due to the ever changing laws surrounding the legality of marijuana, many of our hospitality clients have recently asked us whether it is lawful to terminate an employee who has tested positive for marijuana.  The answer varies greatly depending on the state in which you are located.

States continue to pass legislation legalizing marijuana use for specific purposes.  On July 5, 2014, New York became the twenty-first state along with the District of Columbia to legalize marijuana use for certain medical conditions—joining Alaska, Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont.  Two other states, Colorado and Washington, have legalized recreational marijuana use for individuals who are 21 years old or older, and Alaska and Oregon currently have similar legislation pending.

For more: http://bit.ly/1Bek1W8

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Filed under Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership

Hospitality Industry Legal Update: “Atlantic City Hotel Security Caught on Video Beating Guests Bloody”

“…Professional poker player John Binns, along with his wife Renee and daughter Andrea, Atlantic-City-casino-guests-sue-over-security-beatings-caught-on-video-ABC-Newsfiled two separate lawsuits against Harrah’s for their behavior during an August 2012 dispute. The Binns’ suit argues that the hotel computer mistakenly erased their registration two nights into their stay. During an ensuing argument with security, guards surrounded him and took him to the ground…”

An Atlantic City hotel and casino faces separate lawsuits from at least eight guests for excessive use of force by security personnel and local police, ABC News reported on Friday.

The plantiffs suing Harrah’s Atlantic City include a financial analyst and a professional poker player whose 17-year-old daughter suffered a broken nose after hotel security forced her to the ground. The altercations involving both plaintiffs were filmed on the hotel’s in-house security cameras.

For more: http://bit.ly/1lPfQGi

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Filed under Claims, Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Injuries, Management And Ownership, Training

Hospitliaty Industry Management Update: “Train Businesses on Service-Animal Laws” (With Video)

“…Customers do have a responsibility to ensure their service animals are behaved. service-dog-courseFederal law makes an exception if the dog is out of control and its handler does not control it, or if the dog is not housebroken. However, that only means the pooch can be removed from the premises; the handler still is entitled to full accommodation…”

When it comes to accommodating customers with service animals, some businesses need to be taught new tricks.

As reported Monday by The News-Journal’s Chris Graham, Steve Keene is the latest person with a service dog to have encountered difficulties at a local establishment in recent years. When the Port Orange resident showed up with his dog Kima at the Racing’s North Turn restaurant in Ponce Inlet, staff asked him for documentation proving the black Labrador-Australian shepherd mix is a service animal. When he became irate at the request, he was asked to leave.

For more: http://bit.ly/1ojcuAZ

For a brief video on how to best train your staff for handling guests with ADA service animals, check out the video below:

[vimeo https://vimeo.com/102936915 w=500&h=281]

Petra Risk Solutions’ Risk Management Director, Todd Seiders, offers a P3 Hospitality Risk Report – ‘ADA Service Animals: Do’s and Don’ts’. 

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 Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Management And Ownership, Training

Hospitality Industry Liability Update: “If a Hotel Loses Your Bags Are They Responsible?”

“…Hotels are liable for employees who may commit a criminal act against a guest, but are not generally liable when that act is committed by another guest or guests. hotel_theft_istock This falls under the law that states that the hotel can’t be responsible for acts that are considered outside of the property’s control.  The exception would be if a hotel was aware of a potential problem, or previous issues, but didn’t take steps to insure guest safety…”

Have you ever arrived at your hotel only to find that your room is not yet ready?  Anyone who has traveled has had this experience.  What do most people do next?  They typically check their bags with the bellman and find a place to pass the time.  A call comes a few hours later to tell them that their room is ready, but their bag, the one they checked earlier, can’t be located.

For more: http://fxn.ws/1sm6Ptg

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Filed under Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Liability, Management And Ownership, Risk Management, Training