Category Archives: Labor Issues

Hospitality Industry Property Risks: Texas Restaurant Fire Caused By “Stove Left Burning After Closing”; $10,000 In Smoke And Water Damage

Restaurant Fire Risks“…Fire officials (reported) the restaurant manager had closed up for the evening but forgot to turn off the stove. The fire caused about $10,000 in smoke and water damage to the building…”

Firefighters rushed to save a popular barbecue restaurant on the Northwest side late Saturday.
A fire broke out at the Bill Miller Bar-B-Q Restaurant in the 3200 block of Fredericksburg Road at 11:30 p.m. Saturday.

The stove caught fire but firefighters were able to quickly put out the blaze. The fire caused about $10,000 in smoke and water damage to the building.

For more:  http://www.woai.com/news/local/story/Stove-sparks-fire-at-Bill-Miller-Restaurant/e0rTKN6bt0OHcOcpHKpAgg.cspx

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Filed under Claims, Fire, Labor Issues, Maintenance, Risk Management

Hospitality Industry Safety Risks: “Safety And Health Among Hotel Cleaners” Report From CDC And National Institute For Occupational Safety And Health (NIOSH)

CDC Hotel Safety and Health Among Hotel Cleaners

CDC Hotel Safety

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Filed under Health, Injuries, Labor Issues, Management And Ownership, Training

Hospitality Industry Legal Risks: South Carolina Hotel And Manager Sued For “Sexual Harassment”; Created “Hostile Environment”, Failed To Discipline

“…(the plaintiffs) claim Charleston Plaza “woefully failed in its duty” to provide a non-hostile and productive work environment free from Hospitality Industry Harassment Lawsuitssexual harassment by failing to discipline, monitor or take appropriate action against Lewis when it first learned of his sexual harassment…Charleston Plaza failed in its duty to exercise reasonable care in supervising the employment of Lewis and by failing to act in a reasonable manner to prevent subsequent tortious conduct from occurring; failed to make clear to its employees that the company took its sexual harassment policy seriously; and negligently, recklessly and intentionally retained Lewis as an employee and exposed (plaintiffs) to Lewis’ offensive conduct, according to the suits…”

Two women say their former employer caused a hostile work environment and caused them damages. Penta Charleston B LLC, which is doing business as Charleston Plaza Hotel, and Andrew Lewis were named as defendants in the suit.

From 2011 to 2012, Lewis created a hostile work environment by making grabbing Cassandra Chapman and Marie Foster in front of hotel guests’ making lewd and sexual comments  about guests and co-workers; and making racial comments about African-American co-workers, according to a complaint filed May 30 in Kanawha Circuit Court.

Chapman and Foster claim they continually expressed to the district manager that Lewis’ sexual comments were unwelcome and unwanted and that his abusive conduct was interfering with their ability to adequately perform their jobs.

For more:  http://wvrecord.com/news/260766-women-say-charleston-plaza-hotel-is-a-hostile-work-environment

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

Hospitality Industry Crime Risks: Pennsylvania Restaurant Manager Indicted For Stealing $75,000 Through “Fraudulent Transactions”

“…(the former manager) allegedly stole the money through “fraudulent transactions at the restaurant,” which may have fueled his gambling, hospitality industry employee theftstate police spokesman Lt. Stephen Jones said in September…(the owner) reported the thefts the same month Suozzo was arrested, according to court documents.   It was not clear how he discovered the alleged crime had taken place…”

A former manager at a White Township restaurant and golf club was indicted today on a theft charge after he allegedly stole more than $75,000 from his employer to fund a gambling habit. A Warren County grand jury returned an indictment today against James Suozzo, 56, of Route 57 in Franklin Township, on a theft charge.

At the time of his arrest in September, New Jersey State Police said Suozzo stole tens of thousands of dollars from Top of the Green Restaurant at Apple Mountain Golf Club while working as a restaurant and banquet manager. The investigation revealed Suozzo stole from April 2009 to June 4, 2011, court documents said.

Kiszonak did confirm Suozzo was fired.

For more:  http://www.lehighvalleylive.com/warren-county/express-times/index.ssf/2013/06/former_top_of_green_resturant.html

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

Hospitality Industry Safety Risks: Pennsylvania Hotel Employee Injured And Property Evacuated When Pool Chlorine Tablet Feeder Explodes

“…the hotel’s general manager says an employee suffered minor injuries when the equipment that feeds chlorine tablets to the pool exploded. He Hotel Pool Chemical Riskswas taken to a hospital…The hotel was evacuated when fire crews got on scene, including about 10 guest rooms and 15 employees…”

An explosion at a hotel in Clinton County forced some guests from their rooms Tuesday morning. It happened around 9:30 a.m. at the Comfort Inn near Lamar. The building was evacuated as a precaution and fans were used to air out the hotel. By 11 a.m., business was back to normal.

Emergency officials say chlorine can be deadly but in this instance, the chlorine tablets are commonly used for swimming pools and don’t pose serious risks.

For more:  http://wnep.com/2013/06/18/hotel-cleared-out-after-chlorine-incident/

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Filed under Injuries, Insurance, Labor Issues, Liability, Maintenance, Pool And Spa, Risk Management, Training

Hospitality Industry Property Risks: Maryland Restaurant Damaged And Two Employees Injured After Drunk Driver Crashes Vehicle Through Building’s Front Glass Exterior

“…two people were taken to the hospital initially, after a patron and an employee suffered non-life threatening injuries. A second worker was Restaurant Damage From Car Crashtransported to the hospital for anxiety…the driver was taken into custody and charged on suspicion of DUI…(a district manager) doesn’t know when the restaurant will reopen…”

A Lanham, Maryland Wendy’s restaurant is picking up the pieces after a driver of an SUV crashed through the shop and nearly reached the counter just before 9 p.m. on Friday in the 9400 block of Annapolis Road.

There was a steady flow of people on Saturday trying to place orders through the drive through and people were trying to get into the restaurant, but it’s closed. Customer after customer came to the seemingly popular spot surprised at what happened.

For more: http://www.wusa9.com/news/article/262879/373/Picking-Up-Pieces-After-Wendys-Crash-In-Md

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Filed under Claims, Injuries, Insurance, Labor Issues, Maintenance, Management And Ownership

Hospitality Industry Health Risks: Arizona Restaurant Kitchen Workers Suffer “Heat-Related Illnesses”; “Inoperative Air Conditioning System” Leads To Hospitalization Of 3 People

“…the air conditioning in the kitchen at the restaurant may have been out for up to a week…A 19 year employee was having Restaurant Kitchen Health Riskstrouble breathing, and complained of being light-headed and dizzy…Soon after 10 other employees said they too were feeling ill…In all three people were taken to the hospital with heat related illnesses, the remaining eight were treated and released…”

Northwest Fire, along with emergency medical personnel are on scene at a McDonald’s Restaurant located at 8280 North Cortaro Road. The restaurant was evacuated after 11 employees became ill. Firefighters with the Northwest Fire District said they initially thought hazardous materials was the cause, turns out it was heat related.

Captain Adam Goldberg says, “It is a hundred and some odd degrees outside, 96 degrees inside and for anybody who doesn’t prepare for high temperatures certainly they will feel the effects of that heat, and some who are not in good physical condition to begin with will feel those effects sooner.”

The 19 year old is listed in serious condition, the other two are stable.

For more:  http://www.kvoa.com/news/mcdonald-s-employees-suffer-heat-symptoms/

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Filed under Health, Injuries, Labor Issues, Liability, Risk Management

Hospitality Industry Legal Risks: Hotel Management Must Evaluate And Prepare For Potential “Punitive Damage Claims” In Lawsuits Arising From Privacy, Over Service Of Alcohol And Criminal Actions Of Employees

“…the No. 1 priority is effective case evaluation and resolution. Early factual investigation is critical in determining what happened, why it happened and who was involved. Knowing and preserving the correct version of facts and events with effective reporting mechanisms is essential Hospitality Industry Lawsuitto knowing what kind of claim possibly can be presented and what kind of exposure exists…”

“…it is critical to evaluate the potential punitive exposure early and assess the potential for a punitive claim to get to a jury. Always consider the risk that punitive damages may get to a jury, how a jury will receive the evidence and whether your hotel could be punished by a jury that is attempting to make a statement that these incidents will not be tolerated…”

Hoteliers may face the problematic public-relations case that contains a punitive damages claim. These claims include: invasion of privacy, inappropriate surveillance, over service of alcohol, and criminal actions of employees and third parties. These cases are difficult for members of the hospitality industry who pride themselves on showing customers a positive experience, want good feedback and want customers to return to their hotel.

Securing and preserving evidence, which includes photographs, videos, an accident report, incident statement and/or witness statements must be undertaken to document what the incident involves. If photographs and videos are not preserved once a hotel has notice of a claim, a court could instruct the jury that they can infer the hotel destroyed the evidence for a reason. It is critical to use technology to best find and preserve evidence. No potential accident can be overlooked as a hospitality group never knows what accidents can turn into a possible lawsuit.

For more:  http://www.hotelnewsnow.com/Articles.aspx/10625/How-to-respond-to-punitive-damages-claims

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

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

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

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

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