Category Archives: Labor Issues

Hospitality Industry Risk Solutions: “3rd Global Congress On Travel Risk Management” To Be Hosted By HospitalityLawyer.com On Sept. 30 – Oct 1 In Houston, TX (Video)

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HospitalityLawyer.com, in coordination with the Greater Houston Convention & Visitors Bureau, will host the 3rd Global Congress on Travel Risk Management, September 30 to October 1, 2013, in Houston, Texas, at the Galleria Omni Hotel. The Global Congress focuses on  solutions enabling businesses and governments to meet their Duty of Care to mobile employees and protecting mobile data.

The travel, tourism and hospitality industries are a $3.5 trillion global economic powerhouse encompassing transportation, lodging, and venues and events. Governments around the world spend trillions on infrastructure and travel support systems. Disruptions are costly, both financially and in customer goodwill. The Global Congress’s objective is to facilitate the delivery of safe, secure and uninterrupted travel via an all-encompassing public-private dialogue dedicated to the sharing of best practices for issues faced by the global travel, tourism and hospitality industries.

For more:  http://www.hospitalitylawyer.com/?post_type=gc&p=565

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

Hospitality Industry Safety Risks: Alabama Hotel Guests Hospitalized By “Excessive Pool Chlorine Exposure”; Employee Failed To Turn Pump On

Hotel Pool Chlorine Health Issues“…employees of the hotel were putting chlorine in the pool without the pump on.  When the pump was turned back on, chlorine came out too fast instead of gradually…”

Nine people were sickened Sunday after coming into contact with too much chlorine at the Renaissance Birmingham Ross Bridge Golf Resort & Spa in Hoover.

Hoover Fire and Rescue were called out Sunday afternoon to the hotel pool where nine people had become ill.

Five people were treated on the scene. Two adults and two children were transported to local hospitals.
The pool was closed down for a short time but has since been reopened.

For more:  http://www.myfoxal.com/story/22427405/nine-people-sick-after-coming-into-contact-with-chlorine-at-a-hoover-hotel-pool

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Filed under Guest Issues, Health, Injuries, Labor Issues, Liability, Maintenance, Pool And Spa

Hospitality Industry Safety Risks: Hawaii Hotel Fined $48,000 By OSHA For 14 “Workplace Safety And Health Violations”; Lack Of Employee Training

According to the OSHA release, the serious violations at Kauai Beach Resort involved storage, handling and labeling of propane tanks, electrical wiring, electrical work practices by untrained maintenance personnel, and training and use of personal respiratory and Hospitality Industry OSHA Safety And Health It's The Lawelectrical protective equipment.

A popular Kauai hotel received 14 workplace safety and health standards violations on Thursday, and nine of them were serious enough for the U.S. Department of Labor’s Occupational Safety and Health Administration to take action. Kauai Beach Resort in Lihue faces a total of $48,000 in proposed fines. Kai Management Services of Lihue, the management company for Kauai Beach Resort, received the violations following a routine inspection conducted on Feb. 14 by the OSHA Honolulu Area Office.

  • Workers mixing chlorine for swimming pools do not present a hazard to swimmers. Failing to follow proper safety precautions puts the workers health in jeopardy and it is the responsibility of the employer to train them, he said.
  • The maid service handles chemicals and it is the responsibility of management to ensure they are trained and using safety equipment, he said.
  • Untrained workers altering the wiring of an electrical panel in performing day-to-day maintenance is a serious violation. Management must ensure that only qualified personnel work on energized circuits, he said.
  • Another violation included the incorrect use of flexible cords as substitutes for fixed wiring. In some instances this occurs from daisy-chaining several electrical strips in an industrial kitchen, where an overload from high amperage appliances could cause melting and a fire hazard, Lemke said.

For more:  http://thegardenisland.com/news/local/kauai-beach-resort-faces-k-in-fines-for-safety-violations/article_a38a085c-c9b5-11e2-828f-0019bb2963f4.html

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Filed under Health, Labor Issues, Liability, Maintenance, Risk Management, Training

Hospitality Industry Legal Risks: Hawaii Restaurant Group Settles “Sexual Harassment” Lawsuit With EEOC For $150,000, Harassment Training For All Employees & Managers

“…the (kitchen) supervisor subjected the workers, some of whom were between the ages of 17 and 19, to sexual comments, language and advances, the EEOC said.  Upon reporting the harassment to the general manager, the EEOC said, Panda Express management failed to take EEOCenough action to stop or correct the situation…”

Chinese quick service restaurant giant Panda Express will pay $150,000 to settle an EEOC lawsuit on behalf of at least three female teenagers who were allegedly sexually harassed between 2007 and 2009 while working in a restaurant in Kauai, Hawaii, the federal agency announced today.

Sexual harassment violates Title VII of the Civil Rights Act of 1964.  The EEOC filed its lawsuit in September 2012 in U.S. District Court for the District of Hawaii (EEOC v. Panda Express, Inc. and Panda Restaurant Groups, Inc., Case No. 1:12-cv-00530-SOM-RLP) after first attempting to reach a pre-litigation settlement through its conciliation process.  As part of the settlement announced today, the parties entered into a two-year consent decree requiring Panda Express to designate an in-house equal employment opportunity (EEO) coordinator; revise and distribute its anti-harassment policy and procedures; and provide annual sexual harassment training to all employees in Kapaa and to all general managers in the state of Hawaii.  EEOC will monitor compliance with the agreement, and Panda Express agreed to reinforce its protocols relating to complaints of sexual harassment in its Hawaii region.

“We commend Panda Express for working with the EEOC to correct serious lapses in dealing with sexual harassment in the workplace,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Hawaii in its jurisdiction.  “We trust that Panda Express’s company values are consistent with the goals of the EEOC’s mission, and we commend them for agreeing to broader injunctive remedies to ensure that the workers in Hawaii are protected.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/5-29-13a.cfm

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

Hospitality Industry Employment Risks: Mississippi Restaurant Sued For “Race Discrimination” By EEOC; Hired Only Whites As Servers, Bartenders And Other Front-Of-The-House Positions

“…The EEOC  claims Stone Pony Pizza refused to hire African-American  applicants as a class for certain positions because  of their race.  Stone Pony is alleged to  have hired only whites for front-of-the-house positions such as server,  hostess, waitress, and bartender, and hired African-EEOCAmericans for  back-of-the-house positions such as cook and dishwasher. Additionally, the EEOC  charged that Stone Pony maintained a  racially segregated workforce and failed to keep job applications as required  by law…”

Stone  Pony Pizza, Inc., a Clarksdale pizza restaurant and bar, violated federal law  by refusing to hire a class of African-American applicants because of their  race, according to a lawsuit filed on Friday, May 17, 2013 by the U.S. Equal  Employment Opportunity Commission (EEOC).

The EEOC filed suit, Civil Action No., 4:13-cv-00092, filed in U.S. District Court for the Northern District of  Mississippi, Greenville Division, after first attempting to reach  a pre-litigation settlement through its conciliation process. The  suit was brought under Title VII of the Civil Rights Act of 1964 which  prohibits discrimination based on race and color.  The suit seeks monetary relief in the form of  back pay, compensatory and punitive damages, hiring relief and an injunction  against future discrimination.

“Employers simply cannot  refuse to hire applicants based on their race, nor can they segregate employees  into certain positions based upon their race,” said Katharine Kores, district  director of the

EEOC’s Memphis  District Office.  “Applicants should be  evaluated based upon their qualifications, not the color of their skin.”

Eliminating barriers in recruitment and hiring, especially  class-based recruitment and hiring practices that discriminate against racial,  ethnic and religious groups, older workers, women, and people with  disabilities, is one of six national priorities identified by the Commission’s  Strategic Enforcement Plan.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/5-20-13.cfm

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

Hospitality Industry Theft Risks: Indiana Hotel “Human Resources Employee” Fired After Issuing “Fraudulent Paychecks” To Himself

“…the HR director was solely responsible for issuing the paychecks for all employees at the hotel…Police were told that more than $7,045 was hospitality industry employee theftpaid to the employee beyond his regular earnings for his job, beginning in December…his boss told police that an internal investigation turned up evidence of the bogus extra paychecks, prompting the worker’s firing…”

A hotel executive has been fired after the hotel’s manager told police that he had been writing extra paychecks to himself. Airport police were called this week to the Radisson Indianapolis Airport, where the general manager handed officers copies of fraudulent paychecks that had been written to the hotel’s director of human resources.

General Manager Nitin Talati declined to comment in his hotel’s lobby on Thursday. His staff could be heard telling phone callers that the hotel was entirely booked for this week’s Indianapolis 500.

Police said Talati told them he had called the employee in when the checks were discovered and the worker admitted to writing himself the extra paychecks. The worker then signed a promissory note on April 12 agreeing to repay the money. Talati reported to police that none of the money had been repaid, so his company now wants to press charges.

For more:  http://www.theindychannel.com/news/call-6-investigators/former-hotel-executive-at-radisson-indianapolis-airport-accused-of-writing-himself-extra-paychecks

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Filed under Crime, Labor Issues, Liability, Risk Management, Theft

Hospitality Industry Legal Risks: North Carolina Hotel And Restaurant Sued By Woman “Sickened By Salmonella Infection”; Lawsuit Claims Failure To Maintain Sanitary Conditions Of Food

“…(the plaintiff), who claims to have become ill after eating at the hotel restaurant, filed a lawsuit in the Cumberland County Superior Court Salmonella Enteritidisalleging the hotel owners served food that was ‘not fit for human consumption’…she also alleges that the defendant failed to ‘maintain and monitor the sanitary conditions of it’s food, drink, water, premises and employees’…”

A Fayetteville woman is seeking in excess of $10,000 in damages after she claims she became sick after eating at a restaurant at a Holiday Inn. Last week the Cumberland County Department of Public Health alerted the public of a possible salmonella outbreak after dozens of people claimed to have gotten sick after eating at the Holiday Inn Fayetteville – Bordeaux.

The Cumberland County Department of Public Health says at least 70 people have reported signs or symptoms consistent with salmonella infections and five people were hospitalized. Twelve of those who reported symptoms are out of state. All of the people appear to have eaten at the All American Sports Bar and Grill and The Café Bordeaux within the hotel.

Health officials are worried that the outbreak could spread nationwide because the hotel is alongside Interstate 95.

For more:  http://www.wncn.com/story/22309597/woman-files-lawsuit-against-fayetteville-hotel-linked-to-salmonella-outbreak

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Filed under Food Illnesses, Guest Issues, Health, Labor Issues, Liability, Management And Ownership, Risk Management

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

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

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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Filed under Guest Issues, Labor Issues, Management And Ownership, Risk Management, Technology, Training