Category Archives: Labor Issues

Hospitality Industry Health Insurance: Restaurant Chains Considering “Skinny Plans” That Offer “Acceptable Minimum Coverage” Under Federal Health Law; Preventative Services, Annual Doctors’ Visits And Generic Drugs Covered But Surgeries And Hospital Stays Are Not

“…(the “skinny plans”) cover minimal requirements such as preventive services, but often little more…Some of the plans wouldn’t cover surgery, X-rays or prenatal care at all…others will be paired with limited packages to cover additional services,  for instance, $100 a day for a hospital health insurance nationalvisit…Federal officials say this type of plan, in concept, would appear to qualify as acceptable minimum coverage under the law, and let most employers avoid an across-the-workforce $2,000-per-worker penalty for firms that offer nothing. Employers could still face other penalties they anticipate would be far less costly…”

San Antonio-based Bill Miller Bar-B-Q, a 4,200-worker chain, will replace its own mini-med with a new, skinny plan in July and will aim to price the plan at less than $50 a month, about the same as the current policy, said Barbara Newman, the chain’s controller. The new plan will have no dollar limits on benefits, but will cover only preventive services, six annual doctors’ visits and generic drugs. X-rays and tests at a local urgent care chain will also be covered. It wouldn’t cover surgeries or hospital stays.

Because the coverage is limited, workers who need richer benefits can still go to the exchanges, where plans would likely be cheaper than a more robust plan Bill Miller has historically offered to management and that costs more than $200 per month. The chain plans to pay the $3,000 penalty for each worker who gets an exchange-plan subsidy.

But, “those are going to be the people who will be ill and need a more robust plan,” and insuring them directly could cost even more, Ms. Newman said.

Many more workers, she expects, will continue to go without insurance, despite the exchanges and the limited plan. Currently, only one-quarter of workers eligible for the mini-med plan take it. Ms. Newman said, “We really feel like the people who are not taking it now will not take it then.”

Tex-Mex restaurant chain El Fenix also said it would offer limited plans to its 1,200 workers, covering doctors visits, preventive care and drugs, but not hospital stays or surgery. “What our goal was all along was to make [offering coverage] financially palatable for the company as a whole, so we didn’t do damage and have to let people go or slow down our growth,” said Brian Livingston, chief financial officer of Dallas-based Firebird Restaurant Group LLC, owner of El Fenix.

For more:  http://online.wsj.com/article/SB10001424127887324787004578493274030598186.html

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Hospitality Industry Legal Risks: EEOC Issues Revised Protections Against “Disability Discrimination” Including “Employees With Cancer, Diabetes, Epilepsy And Intellectual Disabilities”

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that EEOCis not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.

The U.S. Equal Employment Opportunity Commission (EEOC) today issued four revised documents on protection against disability discrimination, pursuant to the goal of the agency’s Strategic Plan to provide up-to-date guidance on the requirements of antidiscrimination laws.

The documents address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. These documents are available on the agency’s website at “Disability Discrimination, The Question and Answer Series,” http://www.eeoc.gov/laws/types/disability.cfm.

“Nearly 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, and more than 2 million have an intellectual disability,” said EEOC Chair Jacqueline A. Berrien. “Many of them are looking for jobs or are already in the workplace. While there is a considerable amount of general information available about the ADA, the EEOC often is asked questions about how the ADA applies to these conditions.”

In plain, easy-to-understand language, the revised documents reflect the changes to the definition of disability made by the ADA Amendments Act (ADAAA) that make it easier to conclude that individuals with a wide range of impairments, including cancer, diabetes, epilepsy, and intellectual disabilities, are protected by the ADA. Each of the documents also answers questions about topics such as: when an employer may obtain medical information from applicants and employees; what types of reasonable accommodations individuals with these particular disabilities might need; how an employer should handle safety concerns; and what an employer should do to prevent and correct disability-based harassment.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/5-15-13.cfm

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Hospitality Industry Technology Solutions: Hotel And Restaurant “Integrated Ordering Systems” Feature Online Tablets Located On Tables; Increase In Productivity, Inventory Control And Customer Satisfaction

“…By eliminating the traditional step of taking down orders with pen and paper, the hotel has been able to cut down manpower needs Hotel Restaurant Online Tablet Ordering Systemby one staff member per shift (reducing walking time)…”

  • The new system also removes the extra time taken to check the availability of certain items with the kitchen
  • Customer satisfaction has climbed by five percentage points since the system was implemented
  • The new format of ordering allowed us to provide personalized service to patrons who needed it more
  • Sales of food at the atrium lounge have gone up since the automated ordering system was implemented
  • The system also allows guests to give instant feedback about the service, with comments popping up on the employees’ phones.

An initiative that was implemented last November involved linking the hotel’s atrium lounge to a full integrated ordering system. Unlike other restaurants and cafes, where tablet computers are used as electronic menus or ordering devices, the hotel goes one step further. Information is keyed in by patrons and sent via the tablets to mobile phones which are carried by all service staff.

“Guests can self-order and customise their meals by looking through the menu and browsing through the pictures,” said Mr Wehinger. “With the tablet, they can press a ‘call for service’ button, type out dietary restrictions, give feedback and view the inventory level of items which are selling fast or out of stock.

“Instead of waving their hands in the air to get the attention of a waiter, a pop-up with the corresponding table number will appear on the mobile phones issued to our staff. They will then attend to the guests’ needs.”

The atrium lounge, which is manned by about seven employees during the evening peak period, takes up much of the hotel’s fourth floor and spans an area about as large as two basketball courts, so cutting down walking time is a key improvement.

For more:  http://www.asiaone.com/News/Latest%2BNews/Relax/Story/A1Story20130515-422603.html

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Hospitality Industry Legal Risks: Pennsylvania Restaurant Settles “Excessive Alcohol Lawsuit” For $8.9 Million; Staff To Complete “Responsible Alcohol Management Training” And Establish “Designated Driver Program”

“…(the drunk driver) consumed at least six liters of beer and several  shots of liquor over a period of about 41/2 hours…(he) vomited on a table and was  escorted out of the bar by security. He was allowed to leave, walked to his car  and crashed a short time later…his Hospitality Industry Excessive Alcohol Lawsuitsblood-alcohol level an hour after the crash was 0.219, more than twice  the legal limit…”

  • The restaurant’s staff, including managers, servers, bartenders and security, to be certified  in Responsible Alcohol Management training through an approved Pennsylvania  Liquor Control Board trainer.
  • Responsibility for identifying intoxicated guests will be included in job  descriptions for security personnel. In addition, the restaurant will establish  guidelines for responsible alcohol service and disseminate those to  employees.
  • It will use a new point-of-sales system to provide individual checks so they  know how much alcohol each customer is getting.
  • It also will provide water to  guests to slow alcohol consumption; will establish a designated driver program  providing complimentary non-alcohol beverages and will provide free light food  for guests who appear to be intoxicated.

The family of a 7-year-old girl who was killed by a drunken driver in 2010  after he left the Hofbrauhaus restaurant on the South Side on Tuesday reached a  $15.6 million settlement with the company. In addition to the financial payout, the German-style facility has agreed to  a number of changes in its protocol to try to reduce customer intoxication and  drunken driving.

Lexa Cleland, who was asleep in the back seat as her mother drove to pick up  her husband, Mark, from work the night of Dec. 4, 2010, was killed instantly  when her mother’s Toyota Camry was struck by a Ford Mustang driven by Travis  Isiminger on East Carson Street on the South Side.

The settlement breakdown pays $8.9 million to Nicole Cleland; $500,000 to  Mark Cleland; $2.1 million to the estate of Lexa Cleland; and just over $4  million to their attorneys, Goodrich & Associates, for costs and fees.

The lawsuit was filed against Hofbrauhaus and Isiminger, whose insurance will  be responsible for paying $100,000 of the settlement.

Read more: http://www.post-gazette.com/stories/local/neighborhoods-city/owners-of-south-sides-hofbrauhaus-settle-in-girls-death-for-156-million-686644/#ixzz2TBFxrkyx

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Hospitality Industry Risk Solutions: Hotel Housekeeping Carts Are Now Smaller Leading To Increased Room Security, Less Employee Injuries And Reduction In Amenity And Towel Theft

 ”Items are not exposed to people walking through hallways so theft of amenity items or towels is greatly reduced…there’s a safety issue, too…Housekeeping staff would park the larger carts outside and keep the door open while they cleaned…not so with the Hotel Housekeeping Safety & Securitysmaller version…the guest comes back and sees the door wide open (and would) think anyone can get in the room…”

“Linen closets (are now) situated closer to the rooms for easy access, eliminating the need for the larger carts. The housekeeping staff has been more productive with the smaller carts because they can move around more quickly, he says. They’re also less prone to injury as the larger carts were heavy to push around…”

Big, rolling housekeeping carts are disappearing from many hotel hallways, just like the floral polyester linens they used to carry. Hotels say they’re replacing cumbersome carts with smaller ones sometimes akin to golf caddie bags out? of necessity, in addition to convenience and even appearance.

Among those saying goodbye to the hall-blocking carts: The Staybridge Suites Times Square in New York, The Ritz-Carlton in Charlotte and the Renaissance Charlotte SouthPark Hotel.

Hotel general managers say there are a number of reasons why smaller is better.

  • Hotels don’t use duvets and bulky linens anymore, so there’s no need for large carts, they say. Plus, storage space is at a premium, and smaller carts don’t take up much space.
  • The bags are small enough to take into the room and leave the hallways clear and safe. They also don’t nick the walls of elevators and corridors like the large carts did.
  • But more important, the guests prefer them, says Rich Hotter, general manager of the Staybridge Suites Times Square.

For more:  http://www.usatoday.com/story/hotelcheckin/2013/05/10/hotels-housekeeping-carts/2146993/

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Hospitality Industry Health Risks: Nevada Restaurant Sued After “Salmonella Food Poisoning” Outbreak; “Inadequate Hand Washing, Handling Of Food With Bare Hands, Improper Food Storage” Violations Found

“…health inspectors were sent to the restaurant to investigate…they found multiple violations including: employees handling ready-to-eat food with bare hands, inadequate hand washing by foodhandlers; inadequate or missing cooling and heating logs for food; raw ground beef stored Salmonella Enteritidisover cooked chicken and raw seafood; fruit flies and small moths in the cooking area; and broken cooking thermometers and foods not being held at proper temperatures…”

A Pennsylvania woman has filed a lawsuit against the Firefly on Paradise, a Las Vegas restaurant. She is seeking compensation for allegedly contracting Salmonella food poisoning from the restaurant. She is being represented by Fred Pritzker, Brendan Flaherty and Ryan Osterholm, who are also representing several other people allegedly sickened in the outbreak.  Pritzker, Flaherty and Osterholm are part of PritzkerOlsen law firm’s Bad Bug Law Team.

The firm’s client is one of the 89 people sickened in a Salmonella outbreak associated with the Firefly. She and her husband were visiting Las Vegas in late April. On April 24, they ate dinner at Firefly on Paradise. Two days later, she developed symptoms that included nausea, fever, abdominal cramps and bloody diarrhea. She is still receiving medical treatment.

According to the complaint, those foods include but are not limited to: pork, calamari, garlic in oil, potatoes, tortilla empanada, lettuce, shrimp, mussels, claims, chicken and fish. The restaurant has been closed during the outbreak investigation to reduce the risk to public health.

For more:  http://foodpoisoningbulletin.com/2013/salmonella-lawyers-file-lawsuit-against-firefly-restaurant-in-las-vegas/

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Hospitality Industry Privacy Risks: Texas Hotel Employee Arrested For “Attempted Improper Photography And Visual Recording”; Cell Phone Placed In Ceiling Above Guest Room Shower

“…Police say a guest reported hearing an alarm-type sound coming from the bathroom area of her hotel room while she was in the shower…she hotel room privacyfound a small pinhole with a camera lens behind it in the ceiling. After moving the tiles, she discovered the cell phone…Hotel security removed the camera from the ceiling and noted that it was powered on…The room’s electric lock showed that (the defendant) had entered the room the day prior with the key assigned to him….”

A housekeeper at the Hyatt Regency hotel located at 208 Barton Springs is charged with misdemeanor attempted improper photography and visual recording. Blue Moo Too, 30, is charged after his cell phone was found hidden in a ceiling tile above the shower of one of the hotel rooms.

Video on the phone showed a man placing it in the bathroom ceiling and wiping away his footprints from the bathtub. The hotel’s executive housekeeper identified the man as her employee, Too, a housekeeper at the hotel.

Too was booked into Travis County Jail on April 12 with a $25,000 bail. He has since bonded out. Police say they didn’t find evidence of any other victims on his cell phone. His computer is still being looked at. At this time, the former housekeeper is facing up to one year in jail and a fine of no more than $4,000.

For more: http://www.kvue.com/news/Hyatt-hotel-worker-charged-with-improper-photography-203045331.html

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Hospitality Industry Legal Risks: California Restaurant Franchisee Settles EEOC “Disability Discrimination Lawsuit” For $100,000; Former Floor Supervisor With “Intellectual Disability” Demoted To Janitorial Position

“…The EEOC contends that once Alia took over,  Alia management demoted Morgan to a janitorial position, cut his hours and reduced  his hourly EEOCwages, thereby forcing him to find other employment and resign by  June 2009.   The EEOC’s lawsuit argued  that Alia Corporation thus engaged in disability discrimination that violated  the Americans with Disabilities Act  (ADA)…”

Alia Corporation, a franchisee  with over 20 fast-food chain restaurants throughout Central California, agreed  to pay $100,000 to settle a disability discrimination lawsuit filed by the U.S.  Equal Employment Opportunity Commission (EEOC), the federal agency announced  today.

The EEOC originally filed suit against the Merced,  Calif.-based company in 2011 on behalf of Derrick Morgan, a former floor  supervisor with an intellectual disability (EEOC v. Alia Corporation, Case  No. 1:11-cv-01549-LJO-BAM, U.S. District Court, Eastern District of  California).  Morgan was known to be a good employee and  promoted by previous management from crew member to super­visor in 2008.

As  part of the settlement announced today, the parties entered into a three-year  consent decree requiring Alia to hire an equal employment opportunity (EEO) monitor  to create anti-discrimination policies and procedures; a complaint process and  impartial investigations; a centralized tracking system for discrimination  complaints; a system to hold employees accountable for discrimination; and,  annual live disability discrimination training for all management and human  resources employees.  The $100,000 in  monetary relief shall be paid entirely to Morgan.  The EEOC will monitor compliance with the agreement.

“Employers cannot allow biases and stereotypes to factor  into employment decisions,” said Anna Y. Park, regional attorney for the EEOC’s  Los Angeles District Office, which includes Fresno in its jurisdiction.  “The EEOC commends Alia Corporation for  today’s settlement, as it marks a new path for Alia — one which includes equal  employment opportunity for all of their employees, regardless of disabilities.”

Melissa  Barrios, director of the EEOC’s Fresno Local Office, said, “Disability discrimination  charges are on the rise in California, comprising 30% of all charges  filed.  Workers who are unjustly  penalized due to their disabilities have protections under federal law, and the  EEOC is here to help.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/4-18-13.cfm

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Hospitality Industry Security Risks: Hotels And Resorts Are “Vulnerable To Security Threats” And Crime As Staff Is Trained To Maximize Guest Experience

“…Because of the nature of their business, implementing TSA-style security measures at hotels would not be a good idea, Todd Seiders says. “They would have to limit the entry into their buildings, search bags, confirm you have business there and inconvenience everyone. The general department of homeland_securitypublic will not stand for that (look at the continuing uproar about the TSA at airports).”…Complicating the issue is the fact that hotel staff members are, by and large, trained to please potential guests, which can render them vulnerable to security threats…”

Todd Seiders, director of risk management at Petra Risk Solutions and former director of loss prevention at Marriott, discussed how hotels and public events can work to increase traveler safety in the future.

“The Boston Marathon bombing is just another example of how hard it is to secure public places and events,” Seiders says. “According to the news, bomb dogs had swept the finish line area 1 hour prior to the start of the marathon. So obviously police did everything they could to secure the area, and the bombs were brought in during the event.”

“There is a constant clash between hotel security experts and seasoned hotel management people, whose pay and bonuses depend on guest satisfaction surveys and comments,” Seiders continues. “Hotel security experts need to find more guest friendly ways to provide security, and hotel managers need to take security more seriously. A large number of hotels do not have a dedicated security staff, so security falls on the guest service staff, and guest service staff is trained never to say no or to offend or interfere with the guest experience.”

Seiders recommends hotels install HD cameras to monitor open public spaces, exits and entrances, both to deter crime and to aid investigation should one occur. Staff should be trained to pick up and investigate unattended bags or luggage, and hotels should work closely with their local police of sheriff department, along with Homeland Security, to discuss security and terrorism.

For more:  http://www.travelagentcentral.com/trends-research/trend-watch-suspects-boston-bombings-surface-whats-next-travel-security-40155

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Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchisee Sued By Manager Who Fractured Ankle After Slipping In Puddle Of Water; Seeking Over $50,000 In Damages

“…The suit alleges that (plaintiff) sustained an ankle fracture that required surgery after she slipped on a puddle of water at the KFC restaurant Hospitality Industry Injury Lawsuitsthat she managed…she sustained the ankle fracture, contusions, abrasions, lacerations and nerve damage, as well as trauma, mental upset, anguish and humiliation…”

A case involving a Philadelphia-area fast food manager who claims she broke her ankle after slipping on a puddle of water at her place of employment may have to proceed in federal, not state court, after defense attorneys filed a motion to transfer the litigation. Nicholas J. Renzi, of Adams Renzi Law in Philadelphia, filed a personal injury complaint at the Philadelphia Court of Common Pleas on April 2 on behalf of his client, city resident Benet Moultrie-Long and her husband, Curtis Long.

On that same day, employees with Temple, Texas-based McLane Foodservice Inc. and McLane Company had delivered frozen items to the fast food restaurant, which is located in Conshohocken, Montgomery County.

This week, attorney Jon Michael Dumont, of the Philadelphia firm Rawle & Henderson, filed a petition with the U.S. District Court in Philadelphia seeking to move the litigation to that venue.

The defense lawyers contend that in reading the plaintiff’s lawsuit, it appears damages would exceed the $50,000 jurisdictional limit at the Court of Common Pleas.

For more:  http://pennrecord.com/news/9790-defense-lawyers-petition-to-remove-kfc-injury-case-to-federal-court

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