Category Archives: Insurance

by | April 4, 2012 · 1:00 am

Hospitality Industry Legal Risks: Restaurants Could Face "Americans With Disabilities Act" (ADA) Lawsuits Over Failure To Accommodate Disabled Guests Using "Service Horses"

“…business owners are getting nervous about a new federal regulation requiring a  particular breed of horse to be allowed into shops and restaurants across the  country…”

The case, as well as the regulation, has drawn concern from at least one  lawmaker on Capitol  Hill, as well as the National Restaurant Association.

The Justice  Department regulations were tailored for so-called “service” horses –  miniature horses that, like service dogs, accompany the blind and others with  disabilities to help them get around.

But the rules were a lawsuit waiting to happen,  according to critics. And sure enough, a suit was filed earlier this month in  Los Angeles, by a man who uses a wheelchair and keeps a miniature horse named  Princess — and who claims a local GameStop and Marshalls refused him and his  horse service.

Read more: http://www.foxnews.com/politics/2012/03/29/businesses-face-lawsuit-fears-as-feds-mandate-service-horses-be-allowed/#ixzz1r2aEZp6a

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by | · 1:00 am

Hospitality Industry Legal Risks: Restaurants Could Face "Americans With Disabilities Act" (ADA) Lawsuits Over Failure To Accommodate Disabled Guests Using "Service Horses"

“…business owners are getting nervous about a new federal regulation requiring a  particular breed of horse to be allowed into shops and restaurants across the  country…”

The case, as well as the regulation, has drawn concern from at least one  lawmaker on Capitol  Hill, as well as the National Restaurant Association.

The Justice  Department regulations were tailored for so-called “service” horses –  miniature horses that, like service dogs, accompany the blind and others with  disabilities to help them get around.

But the rules were a lawsuit waiting to happen,  according to critics. And sure enough, a suit was filed earlier this month in  Los Angeles, by a man who uses a wheelchair and keeps a miniature horse named  Princess — and who claims a local GameStop and Marshalls refused him and his  horse service.

Read more: http://www.foxnews.com/politics/2012/03/29/businesses-face-lawsuit-fears-as-feds-mandate-service-horses-be-allowed/#ixzz1r2aEZp6a

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by | April 3, 2012 · 1:37 am

Hospitality Industry Flood Risks: Ohio Restaurant Struggles To Reopen After "Flash Flooding" Damaged Buildings Not Covered By Flood Insurance

“(the owners)…had to replace all of the flooring and drywall in the restaurant. Some of the kitchen equipment had to be repaired, and everything else either was discarded or thoroughly cleaned…”

The buildings were not covered by flood insurance, but insurance did pay to fix the damage to their vehicles.

Not even 18 inches of water inside their restaurant, 3 feet of water outside and $60,000 in resulting damages and lost sales can curb the determination of Mark and Glenna Jones to reopen Clay’s Cafe, located on West Main Street in downtown Hebron.

The eatery, which has been in business for 15 years, closed March 15 after it was flooded as thousands of corn stalks came rushing into town. The Joneses were hoping to reopen by today, but have pushed their opening day back to Thursday.

The couple, who live in front of the restaurant, had all three of their buildings and four vehicles damaged in the flash flood.

For more:  http://www.newarkadvocate.com/article/20120328/NEWS01/203280308/Flood-damaged-Clay-s-Cafe-set-reopen-Thursday?odyssey=nav%7Chead

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by | · 1:37 am

Hospitality Industry Flood Risks: Ohio Restaurant Struggles To Reopen After "Flash Flooding" Damaged Buildings Not Covered By Flood Insurance

“(the owners)…had to replace all of the flooring and drywall in the restaurant. Some of the kitchen equipment had to be repaired, and everything else either was discarded or thoroughly cleaned…”

The buildings were not covered by flood insurance, but insurance did pay to fix the damage to their vehicles.

Not even 18 inches of water inside their restaurant, 3 feet of water outside and $60,000 in resulting damages and lost sales can curb the determination of Mark and Glenna Jones to reopen Clay’s Cafe, located on West Main Street in downtown Hebron.

The eatery, which has been in business for 15 years, closed March 15 after it was flooded as thousands of corn stalks came rushing into town. The Joneses were hoping to reopen by today, but have pushed their opening day back to Thursday.

The couple, who live in front of the restaurant, had all three of their buildings and four vehicles damaged in the flash flood.

For more:  http://www.newarkadvocate.com/article/20120328/NEWS01/203280308/Flood-damaged-Clay-s-Cafe-set-reopen-Thursday?odyssey=nav%7Chead

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by | April 2, 2012 · 7:48 am

Hospitality Industry Crime Risks: "End Child Prostitution And Trafficking (ECPAT)" Seeks Hotels' Assistance In Fighting Internet Prostitution

End Child Prostitution and Trafficking (ECPAT) has been trying to enlist the help of hotels in fighting prostitution by agreeing to:

CODE OF CONDUCT FOR THE PROTECTION OF CHILDREN FROM SEXUAL EXPLOITATION IN TRAVEL AND TOURISM

THE SIX CRITERIA

Suppliers of tourism services adopting the code commit themselves to implement the following six criteria:
1. To establish an ethical policy regarding commercial sexual exploitation of children.
2. To train the personnel in the country of origin and travel destinations.
3. To introduce a clause in contracts with suppliers, stating a common repudiation of commercial sexual exploitation of children.
4. To provide information to travellers by means of catalogues, brochures, in-flight films, ticket-slips, home pages, etc.
5. To provide information to local “key persons” at the destinations.
6. To report annually.

http://www.ecpat.net/ei/Programmes_CST.asp

Human trafficking is the second-largest organized crime in the world. The U.N. estimates more than one million children, the majority of them girls, are sexually exploited each year in the multibillion dollar sex industry.

The ease with which traffickers can use the Internet to sell sex has changed the way the sex trade operates. Instead of working the streets, women and girls are increasingly being sold in hotels.

But ECPAT executive director Carol Smolinsky says many hotels have balked at some of the policies the organization asks them to follow.  “When a company signs the code of conduct it has to have a policy against sexual exploitation of children,” Smolinsky says. “Over these years it’s been frankly shocking to me that even the step of having a policy against sexual exploitation has been troubling shall we say for them.”
One of the requirements of the code is that hotels inform their customers of that policy.  “One problem we’re having in our industry is some of the things they’re asking the hotels to do,” says Joe Mcinerney, president and CEO of the American Hotel and Lodging Association. “Putting notices in the rooms… they feel that might be an intrusion into customers thinking that maybe there is a problem at that hotel.”

For more:  http://www.voanews.com/english/news/usa/Nun-Helps-Lead-Fight-Against-Hotel-Prostitution-145761575.html

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by | · 7:48 am

Hospitality Industry Crime Risks: "End Child Prostitution And Trafficking (ECPAT)" Seeks Hotels' Assistance In Fighting Internet Prostitution

End Child Prostitution and Trafficking (ECPAT) has been trying to enlist the help of hotels in fighting prostitution by agreeing to:

CODE OF CONDUCT FOR THE PROTECTION OF CHILDREN FROM SEXUAL EXPLOITATION IN TRAVEL AND TOURISM

THE SIX CRITERIA

Suppliers of tourism services adopting the code commit themselves to implement the following six criteria:
1. To establish an ethical policy regarding commercial sexual exploitation of children.
2. To train the personnel in the country of origin and travel destinations.
3. To introduce a clause in contracts with suppliers, stating a common repudiation of commercial sexual exploitation of children.
4. To provide information to travellers by means of catalogues, brochures, in-flight films, ticket-slips, home pages, etc.
5. To provide information to local “key persons” at the destinations.
6. To report annually.

http://www.ecpat.net/ei/Programmes_CST.asp

Human trafficking is the second-largest organized crime in the world. The U.N. estimates more than one million children, the majority of them girls, are sexually exploited each year in the multibillion dollar sex industry.

The ease with which traffickers can use the Internet to sell sex has changed the way the sex trade operates. Instead of working the streets, women and girls are increasingly being sold in hotels.

But ECPAT executive director Carol Smolinsky says many hotels have balked at some of the policies the organization asks them to follow.  “When a company signs the code of conduct it has to have a policy against sexual exploitation of children,” Smolinsky says. “Over these years it’s been frankly shocking to me that even the step of having a policy against sexual exploitation has been troubling shall we say for them.”
One of the requirements of the code is that hotels inform their customers of that policy.  “One problem we’re having in our industry is some of the things they’re asking the hotels to do,” says Joe Mcinerney, president and CEO of the American Hotel and Lodging Association. “Putting notices in the rooms… they feel that might be an intrusion into customers thinking that maybe there is a problem at that hotel.”

For more:  http://www.voanews.com/english/news/usa/Nun-Helps-Lead-Fight-Against-Hotel-Prostitution-145761575.html

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by | March 31, 2012 · 9:12 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

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by | · 9:12 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

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by | March 30, 2012 · 1:10 am

Hospitality Industry Health Risks: Alabama Restaurant Guests Are Exposed To "Hepatitis A" Through An "Infected Employee"

Hepatitis A is a communicable disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice. In rare cases, hepatitis A causes liver failure.

In the wake of a report linking a potential mass exposure of hepatitis A to a Northport McDonald’s restaurant, food safety expert and attorney William Marler is calling on McDonald’s to vaccinate its employees against the virus.

On March 28, the Alabama Department of Public Health released a statement indicating that people who ate at a Northport McDonald’s, located at 2000 McFarland Boulevard, from February 28 through March 14 may have been exposed to hepatitis A through an infected employee. Customers who ate breakfast at the McDonald’s on March 16 may also have been exposed.

Hepatitis A is the only foodborne illness for which a vaccine exists; however infection can only be prevented if the vaccine is given within 14 days of exposure. Therefore those individuals who were potentially exposed on March 14 and March 16 should contact a medical provider immediately to receive treatment. Those who may have been exposed prior to March 14 should have developed symptoms by now if they have contracted the virus.

“From both a public health perspective and business perspective, it makes sense for restaurants to vaccinate their employees against hepatitis A,” said Marler. “It is much simpler to take the initial proactive precaution rather than gamble on a mass scare that equates to potential illness, loss of business, and public uncertainty.”

For more:  http://www.prweb.com/releases/2012/3/prweb9347722.htm

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by | · 1:10 am

Hospitality Industry Health Risks: Alabama Restaurant Guests Are Exposed To "Hepatitis A" Through An "Infected Employee"

Hepatitis A is a communicable disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice. In rare cases, hepatitis A causes liver failure.

In the wake of a report linking a potential mass exposure of hepatitis A to a Northport McDonald’s restaurant, food safety expert and attorney William Marler is calling on McDonald’s to vaccinate its employees against the virus.

On March 28, the Alabama Department of Public Health released a statement indicating that people who ate at a Northport McDonald’s, located at 2000 McFarland Boulevard, from February 28 through March 14 may have been exposed to hepatitis A through an infected employee. Customers who ate breakfast at the McDonald’s on March 16 may also have been exposed.

Hepatitis A is the only foodborne illness for which a vaccine exists; however infection can only be prevented if the vaccine is given within 14 days of exposure. Therefore those individuals who were potentially exposed on March 14 and March 16 should contact a medical provider immediately to receive treatment. Those who may have been exposed prior to March 14 should have developed symptoms by now if they have contracted the virus.

“From both a public health perspective and business perspective, it makes sense for restaurants to vaccinate their employees against hepatitis A,” said Marler. “It is much simpler to take the initial proactive precaution rather than gamble on a mass scare that equates to potential illness, loss of business, and public uncertainty.”

For more:  http://www.prweb.com/releases/2012/3/prweb9347722.htm

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