Category Archives: Labor Issues

Hospitality Industry Crime Risks: Florida Hotel Guest Room Thief Arrest Assisted By Surveillance Camera Footage; Followed Housekeepers Into Rooms To Steal Cash, Personal Property

“…(the defendant) walked into a room that a maid was cleaning, flashing a hotel card and telling the maid that it was his mother’s Hotel Room Theftroom…after the maid finished and left, Johnson took off with $1,800 in cash, $10,000 in jewelry, an iPad and Chanel purse…Miami Beach Police caught a break when they obtained hotel security camera footage of the suspect leaving the building…”

Miami Beach Police arrested a suspect Thursday in a month-old burglary case, only to find that he was wanted by six other police departments and was responsible – by his own admission – for 14 other burglaries in Miami Beach alone. Johnson, of Miami Gardens, was brought in for questioning in connection with a June 8 burglary at the Miami Beach Resort and Spa Hotel where $20,000 in cash, jewelry, and electronics were stolen.

The room’s actual residents, Brazilian tourists Aparecida Pata, 58, and Denize Ferreira, 73, returned from breakfast to find their room ransacked.

After he was arrested and read his Miranda rights, Johnson confessed to the other burglaries.

Read more here: http://www.miamiherald.com/2013/07/04/3485443/man-arrested-in-beach-hotel-theft.html#storylink=cpy

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Filed under Crime, Guest Issues, Labor Issues, Liability, Theft

Hospitality Industry Legal Risks: California Labor Commissioner’s “Wage Claims Unit” Aggressively Investigating Wage Theft Claims And Assessed Record Penalties Of $51Million In 2012; Retaliation Cases Pursued Immediately

“…the wage claims adjudication unit — the largest unit within the labor commissioner’s office that handles more than 35,000 claims a year brought by workers alleging they were denied proper wages — in 2012 heard wage claims within an average of 179 days from Hospitality Industry Wage Violation Lawsuitsthe date of filing, the shortest amount of time since 2008…If employees are retaliated against for cooperating with the state in a workplace investigation, the agency investigates those cases immediately…”

The California Labor Commissioner’s office last year assessed more than $51 million in civil penalties against businesses flouting labor laws, making for record-breaking results that have much to do with the office’s move away from conducting broad employer sweeps to instead zeroing in on bad actors, the agency’s chief told Law360 on Thursday.

The agency, led by State Labor Commissioner Julie Su since April 2011, focuses primarily on adjudicating wage theft claims, inspecting workplaces for wage and hour violations, and investigating retaliation complaints, and the agency’s report in May revealed that the office’s increasingly targeted efforts are paying off.

The agency’s bureau of field enforcement in 2012 uncovered more than $16 million in unpaid minimum and overtime wages owed to workers in the state, more than any previous year on record, and the more than $51 million in total civil penalties assessed in 2012 marked a 150 percent increase from 2010.

But an even more telling finding is how much the bureau has improved on workplace inspections resulting in civil penalty citations. Out of every 10 inspections, eight led to citations last year, resulting in a citation rate of 80 percent, a big increase from an average citation rate of 48 percent between 2002 and 2010, according to the report.

For more:  http://www.law360.com/articles/453869/calif-labor-chief-sharpens-focus-on-workplace-violators

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

Hospitality Industry Insurance Risks: Hotel And Restaurant Owners Relieved By Obama Administration’s One-Year Delay Of “Affordable Care Act (ACA)”; “Law Is Too Complicated And Costly”

“…employers are relieved that federal officials are delaying penalties for businesses that fail to provide health insurance for their workers, but they say the reprieve does not clear up worries that the requirement is too complicated and too costly…the hotel has 70 employees, many of health insurance nationalwhom do not buy the insurance coverage the hotel offers. The Ramada Inn pays half the cost of the insurance. Business leaders said the delay was inevitable…(employers) have not seen this big a change this ill-defined this close to the deadline…the question still is how this works, what we have to pay and what are the options…it’s just in terms of whether (employers are) going to be able to understand it…”

Businesses with more than 50 employees were to face escalating tax penalties if they did not provide workers with acceptable health insurance coverage by January 2014 as required in the national health overhaul law. President Barack Obama’s administration announced Tuesday it was pushing the deadline back to January 2015 because of confusion about the requirement.

The one-year reprieve is only for businesses. Individuals still must have insurance by 2014 or face penalties, and new online marketplaces called exchanges will help them find coverage, often at subsidized rates.

For more:  http://rapidcityjournal.com/news/businesses-relieved-by-insurance-delay/article_88b8e75c-e4fc-11e2-9b88-001a4bcf887a.html

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Filed under Health, Insurance, Labor Issues, Legislation, Liability, Risk Management

Hospitality Industry Legal Risks: North Carolina Franchise Restaurant Sued By EEOC For “Pregnancy Discrimination”; Refused To Hire Woman Who Was Six Months Pregnant

“…(the plaintiff) interviewed for a team member position with the restaurant’s owner at the restaurant around Nov. 16, 2012…at the time of the interview Morrison was six months pregnant.  During the interview, the owner asked Morrison a series of pregnancy-related questions such as EEOChow many months she had been pregnant; when she was expected to deliver; her childcare plans after giving birth; and how much maternity leave she planned to take…”

“Working women who choose to have children cannot be penalized or treated differently from other employees simply because they are pregnant,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office.  “Employers must remember that refusing to hire a woman because she is pregnant violates federal law, and the EEOC will enforce that law.”

A Chick-fil-A franchise restaurant violated federal law when it refused to hire a female job applicant because she was pregnant, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC’s complaint, John Charping, d/b/a Chick-fil-A at Concord Commons, refused to hire Heather Morrison because she was pregnant.    Although Morrison felt that the owner’s questions were inappropriate, she answered them because she wanted the job.  Three days after the interview, the owner called Morrison and informed her that she would not be hired.  The owner told Morrison to call back after she had the baby and had childcare in place.  The EEOC argues that Chick-fil-A at Concord Commons denied Morrison a job because she was pregnant.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA).  The EEOC filed suit in the U.S. District Court for the Middle District of North Carolina (Equal Employment Opportunity Commission v. John Charping d/b/a Chick-fil-A at Concord Commons, Civil Action No.1:13-CV-00535), after first attempting to reach a voluntary pre-litigation settlement through the agency’s conciliation process.  The suit seeks back pay, compensatory damages and punitive damages for Morrison, as well as injunctive relief.

EEOC Supervisory Trial Attorney Tina Burnside added, “Pregnant women must be treated in the same manner as other applicants, and employers should not make inquiries related to pregnancy or deny a woman a job based on pregnancy.”

The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/6-2-13a.cfm

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

P3 Hospitality Industry Risk Report: “Hospitality Hoaxes And Scams” By Petra Risk Solutions’ Director Of Risk Management Todd Seiders, CLSD

[vimeo http://vimeo.com/52048409]

P3Petra Risk Solutions’ Director Of Risk Management, Todd Seiders, CLSD , offers a P3 Hospitality Risk Update – ‘Hospitality Hoaxes And Scams’.

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 Guest Issues, Injuries, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Insurance Solutions: “HospitalityLawyer.com” Presents “Live Webinar” On “The Healthcare Act” On July 10

HospitalityLawyer Live Webinar July 10 Healthcare Act

HospitalityLawyer Live Webinar July 10 Healthcare Act page 2

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

Hospitality Industry Employment Risks: Massachusetts Hotel Manager Charged With Stealing Over $300,000 Over Two Years; Created Fake Employees And Cashed Checks

“…the fake employees would appear on the payroll and receive a paycheck.  Anjanel would then ask another person to cash the checks and that Hotel Employee Theftperson would give all of the money to the defendant…Anjanel would also wire the money to Guatemala, using her own name and also asking others whom she knew to wire the money on her behalf…Over the two year period, Anjanel stole more than $300,000 from the two hotels…”

A Lawrence woman was arraigned Friday on larceny charges for allegedly stealing more than $300,000 from two hotels where she worked as a manager, according to a release from Middlesex District Attorney Marian Ryan.

Authorities allege that in 2010 when Anjanel was working as the manager of the Residence Inn at 1775 Andover Street in Tewksbury, she was responsible for and had access to hotel finances including payroll and petty cash, as well as the authority to make hiring decisions.

According to the release, Anjanel used her responsibilities as manager to add three employees to the hotel’s payroll. These employees were never on the schedule, and never actually worked at the hotel, according to the release.

For more:  http://tewksbury.patch.com/groups/police-and-fire/p/hotel-manager-charged-with-stealing-from-tewksbury-hotel

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Filed under Crime, Labor Issues, Liability, Management And Ownership, Theft

Hospitality Industry Legal Risks: Massachusetts Restaurant Faces “Disabilities Lawsuit” After Terminating Employee With Cystic Fibrosis

“…(the plaintiff) claims she told her boss on March 28, 2012, that she would be late for work the Hospitality Industry ADA Lawsuitsfollowing day since “a nurse would be coming to her house to draw blood to check her medication levels.”…That was the first time Connell had mentioned her cystic fibrosis to any of her supervisors, the lawsuit says. It does state, though, that a manager overseeing her was aware of her cystic fibrosis and was encouraged to keep that information private…”

Chipotle Mexican Grill Inc. was sued on Monday by a former employee claiming the company violated the Americans with Disabilities Act and the Civil Rights Act of 1991. According to the Boston Business Journal, the plaintiff, Amanda Connell, filed the lawsuit in U.S. District Court in Massachusetts. Connell has cystic fibrosis and was hired to work for the company in December 2011. She worked as a crew member at the Franklin, Mass., location.

When she showed up for work on March 29, 2012, with a shunt showing partly in her arm — it was for a “peripherally inserted central catheter” — the suit says she was questioned by her boss and another manager. Connell explained that it was “for the treatment of lung disease.”

According to the suit, Connell was terminated from her job at Chipotle Mexican grill the next day.

The company has declined to comment on the incident with a spokesman saying they will not speak, pending legal action.

For more:  http://www.ibtimes.com/former-employee-sues-chipotle-after-she-says-she-was-fired-having-cystic-fibrosis-1324995

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

Hospitality Industry Health Insurance: Restaurant Industry Continues To Assess Options, Costs Of Implementing “2010 Affordable Care Act” Next January; #1 Issue For Small Businesses

“…restaurants employ roughly 10 percent of the workforce both in Georgia and nationwide. While many dining establishments have fewer than health insurance national50 employees and therefore won’t be subject to the mandate, others will be affected…the cost of health insurance has been the No. 1 issue facing small businesses, according to surveys by the National Federation of Independent Business…(margins) are so thin, there’s only X amount of dollars…(if health insurance was affordable) you’d have everybody insured.”

Steve Simon is co-founder of Fifth Group Restaurants, which operates seven restaurants and other businesses in the Atlanta area, employing more than 500 people. Currently, Fifth Group offers health insurance to its managers only.

But under the 2010 Affordable Care Act, when it is fully implemented next January, a business with 50 or more full-time workers must offer all employees working at least 30 hours a week a health plan that’s considered “affordable.” If it doesn’t, the business must pay a penalty.

Despite all the concern in the industry, some restaurant operators say the law’s impact may not be as great as originally feared. They cite the fact that to count as affordable coverage under the law –– thus escaping the penalty –– a business can charge workers up to 9.5 percent of their annual wages to pay for insurance. So if a worker is making $30,000 a year, the business can set his or her share of the premium at $2,850 annually, or $237.50 per month.

The restaurant owners say many workers will avoid such premiums by going without coverage, choosing instead to pay the ACA’s penalty of $95 for uninsured individuals.

For more:  http://chronicle.augusta.com/news/health/2013-06-24/restaurant-industry-nervously-eyes-aca-s-changes-insurance-rules?v=1372103979

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Filed under Health, Insurance, Labor Issues, Management And Ownership, Risk Management

Hospitality Industry Property Risks: Georgia Restaurant Propane Gas Line Explodes Severely Damaging Building’s Interior And Roof; Five People Injured

“…workers installing a new air conditioning unit Saturday smelled gas and shut the propane line off at the building in Lake Park. When the line Restaurant Gas Explosion Riskswas turned back on, it exploded and destroyed the building’s roof and one of its walls…”

Authorities in Lowndes County say a propane explosion at a restaurant left five people injured and caused severe damage to the building.

Fire Chief Richard Guyton says between 80 and 85 percent of the building’s interior was damaged. Four employees and a customer were injured and information on their conditions wasn’t immediately available. Witnesses said some of the victims suffered cuts from falling ceiling tiles.

Lake Park is about 15 miles south of Valdosta.

For more:  http://www.11alive.com/news/article/296578/3/5-hurt-in-south-Ga-restaurant-explosion

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Filed under Guest Issues, Injuries, Insurance, Labor Issues, Maintenance, Risk Management