Category Archives: Labor Issues

by | April 15, 2013 · 7:24 am

Hospitality Industry Employee Solutions: Hotels Benefit From Hiring Workers With “High Levels Of Energy” With Potential For Advancement

“…there are managers at the Clevelander who started as servers. Many of the employees are considered part of the marketing team because they Hotel Employee Satisfactionhelp market the brand and promote products and services. They do so in the way they look, what they wear and how they interact with guests…You need more skills than you used to…years ago you said, ‘Here’s a mop and a bucket.’ Now there is a lot more detail to every job—even targeted chemicals for cleaning. There is better awareness of load lifting because it’s tougher to pick up a thick pillow foam mattress; and housekeepers have to make sure TVs are functioning…”

Geoffrey Mills, managing director of the Crowne Plaza Times Square and chair of the Hotel Association of New York City, said that while half his workforce is 45 years or older, there is only 3% to 4% annual turnover. The biggest challenge for hoteliers, Mills said, is the cost of operations. “We are trying to tighten employee costs,” he said.

Vijay Dandapani, president and COO of Apple Core Hotels, which has five limited-service properties in Manhattan, said it’s more difficult to find entry level jobs in limited service. “But we do represent the potential for advancement,” he said. “We have three people who came in at entry level and are now GMs.”

Costs also are an issue for Dandapani, who said that his real estate taxes are up 100% in the past few years. All of his employees are unionized, he said, adding: “All hotel employees around the world want to be here because of our respect for property rights and the city’s safety.”

At the non-union Clevelander in South Beach, Florida, turnover is an issue because many associates are in college.

“We try to be as flexible as possible with their scheduling, but there is still 56% turnover,” said Annie Borges, director of human resources for the 60-room hotel, which is heavily driven by its food-and-beverage revenue.

“We hire the smile and train the skill,” she said. “You can’t teach people to be nice, but you can teach them to make the bed. They have to be happy and have a high level of energy.”

Borges said that she has worked in hospitality HR in Miami for nearly 20 years and there is always talk of pending unions.

“But they never come to fruition. Perhaps because we aim to establish a pro-employee type of environment,” she said. “The only union hotel on the beach is the Fontainebleau.”

For more:  http://www.hotelnewsnow.com/Articles.aspx/10290/Outside-issues-create-labor-situations

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by | April 11, 2013 · 6:34 am

Hospitality Industry Legal Risks: New York Restaurant And Caterer Sued For “Retaining 20% Service Personnel Charge”; Seeking Class-Action Status For More Than $1 Million In Tips

“…(the complaint states) a ‘reasonable customer’ would have believed the surcharge to be a gratuity…if customers asked if the waiters and waitresses got tips, they were ordered ‘to respond, as instructed by defendants, that they did receive tips’…(the Hospitality Industry Wage Violation Lawsuitsdefendants) knowing or intentional demand for, acceptance of, and/or retention of the mandatory charges paid by customers when contracting with defendants, when such customers were led to believe that such mandatory charges would be paid to plaintiff, defendants have willfully violated New York law…(plaintiffs) seek class certification, restitution of the tips, and costs…”

A class action claims an upstate New York restaurant and caterer cheated its workers out of more than $1 million in tips.

The defendants added a 20 percent “service personnel charge” to all its banquet hall bills, but servers never saw dime one of it, lead plaintiff Ryan Picard claims in Albany County Supreme Court.

Picard claims the family-owned businesses ran the game for 6 years, at the expense of more than 100 workers.  Named as defendants are six entities associated with the Mallozzi family of suburban Schenectady, who operate bakery, restaurant, hotel and catering businesses in Albany and Schenectady counties.

For more:  http://www.courthousenews.com/2013/04/11/56574.htm

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by | April 9, 2013 · 6:37 am

Hospitality Industry Health Solutions: Hotel And Restaurant Kitchen Cleanliness Reflects Employees’ “Commitment To Businesses’ Success”

“…the cleanliness of a kitchen is an indicator of workplace culture and the commitment of your employees to contribute to enterprise success Hospitality Industry Kitchen Cleanlinessand value. If you see it getting  messy, you may have underlying problems that need to be addressed immediately…if (employees) are not washing the kitchen in the workplace, it means that they see  themselves more as renters than as owners. It means that they feel transitory,  that they’re passing through. They don’t have a real psychological contract with  the company, space, workplace. That’s a problem.”
So stop what you’re doing and deal with the problem…”

One of the best ways to predict the quality of meals and service at a  restaurant is to examine the restroom. Restrooms — including toilets, tiles and washbasins — are among the  easiest rooms to clean. If a restaurant staff can’t keep the restroom clean,  then you can be sure that the kitchen will be worse. It doesn’t matter if it’s a  fancy, upscale restaurant or simple diner.

Messy kitchens tend to breed foodborne pathogens, poor quality food and  indifference to customers. Conversely, clean kitchens reflect healthiness,  passion for quality and desire to delight customers. That’s why the world’s best  kitchen staffs — even many quick-serve restaurants — consider organization and  technique the foundation of everything else.

Read more: http://www.mediapost.com/publications/article/197645/what-workplace-kitchens-say-about-the-health-of-yo.html#ixzz2PyRj0cDc

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by | April 6, 2013 · 6:23 am

Hospitality Industry Legal Risks: North Carolina Restaurant Operator Sued By EEOC For “Religious Discrimination”; Muslim Food Prep Worker Fired For Refusing To Cut Off Beard

“…(plaintiff) applied for a job with a Bojangles’ restaurant in Charlotte and was interviewed for a food prep position…the manager informed Charles that he might need to cut his beard, to which Charles responded that he could not cut his beard for religious reasons, informing her that EEOChe was a Muslim. Charles was hired and worked at the restaurant on May 18 without incident…Charles reminded the manager that he could not cut his beard because of his religion, and requested an accommodation of wearing a beard net, similar to a hair net, which the restaurant manager refused. The restaurant manager told Charles to leave the restaurant, and to not return to work until he shaved off his beard. Charles refused to shave his beard and was consequently fired…”

Bo-Cherry, Inc., a North Carolina corporation that operates several Bojangles’ restaurants in the Charlotte metro area, violated federal law when it failed to accommodate an employee’s religious beliefs and then fired him because of his religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC’s complaint, Devin Charles has been a practicing Muslim for the past 14 years. As a male Muslim member of his sect of the Sunni branch of the Islamic faith, Charles is required to grow and maintain a beard and is not allowed to trim or cut his beard unless it exceeds the length of his fist when holding his beard in his closed hand under his chin, commonly referred to as “fist length.” In accordance with his sincerely held religious beliefs, Charles has not trimmed or cut his beard unless it exceeded a fist length

The manager instructed Charles that her supervisor, the district manager, had come to the restaurant, seen Charles’ beard and instructed her to tell Charles that he needed to shave off his beard to continue working for Bojangles’.

Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations for the sincerely held religious beliefs of employees as long as doing so does not pose an undue hardship on the employer. The EEOC filed suit in U.S. District Court for the Western District of North Carolina, Charlotte Division (EEOC v. Bo-Cherry, Inc. d/b/a Bojangles, Civil Action No. 3:13-cv-00210) only after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks back pay, compensatory damages, punitive damages and reinstatement or front pay. The complaint also seeks injunctive relief.

“Under federal law, employers have an obligation to attempt a fair balance between an employee’s right to practice his or her religion and the operation of their business,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “This case demonstrates the EEOC’s commitment to fighting religious discrimination in the workplace.”

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

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by | April 5, 2013 · 6:42 am

Hospitality Industry Employment Solutions: Hotel Owners Must Utilize “Modern Technology And Processes” To Increase Positive Working Atmosphere For “Back Of House Employees”

“…modern technology that maximizes efficiency is lending a hand to the process of putting employees in a positive state of mind…take good care of the staff and they’ll return the favor to the guests…Placing the newest technology in the back of house at any resort is just as important as using it for guestrooms and amenities…”

Hotel Employee SatisfactionAny customer-centric business is only as good as its weakest link. Money spent on a strong back of house will surely pay dividends. It’s crucial for the back of house at a resort to create a pleasant, efficient atmosphere for the employees which, in turn, influences the service they provide to guests and increases productivity.

At Revel, the new $2.4-billion luxury property in Atlantic City, New Jersey, the back of house is as nice as the guest amenities at many resorts. With more than 1,800 rooms, 10 swimming pools, 14 restaurants and more than 4,000 employees, having an efficient, enthusiastic and motivated staff is critical for Revel.

  • Efficient elevators At Revel, the elevators are reminiscent of Disney World. You walk to where you need to go, leave the wardrobe area and then magically appear somewhere else. The elevators were designed to be fast. By combining group dispatching with directed elevator shafts and proper speed settings, it’s easy to get employees where they need to be without delay. The employee elevators at Revel move with efficiency and on multiple tracks, so employees aren’t stuck wasting time traveling from location to location. Instead, the speed instills a sense of energy that’s designed to prepare the staff on a positive note.
  • Wardrobe conveyor systems Elevators aren’t the only technological advancements. Employees never have to worry about misplaced work uniforms, having to press their uniform or leaving a piece behind accidentally. Meet Revel’s wardrobe process and conveyor systems. Each employee is provided three uniforms (one to wear, one as a backup and one that is being laundered).
  • Touchdown stations Employees can check email and message people from touchdown stations. These stations enable employees to stay in touch with the outside world while at work and when it’s appropriate. Additionally, they can use the touchdown stations to get the latest information on the events in the hotel and other information that prepares them to be a resource for any guest.
  • Communications Instant communication is a major part of today’s customer service. By communicating through cell phones—sometimes provided by employers—supervisors have quick and easy ways to relate situations to all needed members of staff. Immediate response better serves the guest.
  • Efficient food services When employees have to leave work for lunch or worry about paying for food, their attitude on the job can be affected. By providing employees with a hassle-free way to get their meals in a relaxing and calm environment, they can focus on the job at hand. Quick meals, such as muffins and coffee in the morning and sandwiches and sodas at lunch, are readily available in the employee dining room. This is particularly important for 15-minute mid-shift breaks. Employees are provided access to upscale dining with multiple choices that are available 24 /7.

For more:  http://www.hotelnewsnow.com/Articles.aspx/10237/Back-of-house-technology-makes-staff-happier

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by | April 3, 2013 · 5:34 am

Hospitality Industry Employment Risks: Wisconsin Restaurant Servers File “Wage Violation Class-Action Lawsuit”; Claims Owners “Transferred Cost Of Doing Business” To Workers

“…the complaint says servers were forced to pay for their uniforms, aprons, hot pads to serve fajitas, order pads and name tags — and that’s not Hospitality Industry Wage Violation Lawsuitsall…anytime a customer walked out without paying the bill, the servers had to pay. Anytime a customer said, this is not what I ordered, food or alcohol drink, the server had to pay for that…the owners were essentially transferring the cost of doing business on to the servers, who were only being paid $2.33 an hour…”

A group of servers at La Fuente restaurant have filed a class action lawsuit against the restaurant — saying they are sick of footing the bill for food sent back to the kitchen. The claim says servers were expected to work and not get paid — and that they were stuck with the bill when customers would skip out. Larry Johnson is a labor attorney representing servers at two La Fuente locations. Johnson says it was written policy to have the servers start shifts early and prepare the restaurant, but they weren’t allowed to clock in until customers arrived, and so now, a server has served the owners with a class action lawsuit.

“Setting up tables, putting rolling silverware, filling salt shakers, working, making coffee, all that kind of stuff to get the restaurant ready,” Johnson said.

The suit now requests those unpaid wages and if they win the case, the court could double it, along with attorneys fees. Johnson says it is too early to know how much money that could be, but he says it’s the price companies pay when they don’t follow the law.

For more:  http://fox6now.com/2013/04/02/group-of-la-fuente-servers-file-class-action-suit-against-owners/

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by | April 2, 2013 · 1:27 am

Hospitality Industry Property Risks: Wisconsin Restaurant Fire Caused By “Improperly Stored Ashes”; $20,000 In Damage To Walls And Siding

Restaurant FireAshes that weren’t properly disposed of caught the wood siding on fire this morning, causing around $20,000 in damage.  The building had to be ventilated of smoke.

There’s some cleaning up to do before McGrath’s Fish House in Milwaukie can re-open for business.

A police officer patrolling the parking lot spotted the flames. Firefighters say make sure to put ashes in a non-combustible container of water to cool them before putting in the trash.

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by | April 1, 2013 · 1:02 am

Hospitality Industry Legal Risks: Arizona Restaurant Settles “Disability Discrimination Lawsuit” For $65,000; Server With Traumatic Brain Injury Was Fired By New Manager

“…(the plaintiff) worked tirelessly to be a good server after suffering a traumatic brain injury. The ADA prohibits EEOCemployers like Outback from firing individuals like John who add so much to the workplace…”

Outback Steakhouse will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC’s lawsuit, EEOC v. OSI Restaurant Partners, LLC d/b/a Outback Steakhouse and OS Restaurant Services, Inc., Civil Action No. 2:11-cv-01754-NVW, charged Outback with firing server John Woods days after a new manager took over at Outback’s Phoenix Metrocenter location. According to the EEOC’s suit, John Woods had worked successfully under Outback’s prior manager, but a new manager terminated Woods because of his disability, traumatic brain injury.

Disability discrimination violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court of Arizona after first attempting to reach a pre-litigation settlement through its conciliation process.

After the court denied Outback’s motion for summary judgment, Outback agreed to a 24-month consent decree that requires the company to pay Woods $65,000; revise its policies concerning disability discrimination; train its Arizona managers on the laws prohibiting disability discrimination; and post notices in Arizona Outback Steakhouses regarding employees’ rights under the ADA.

“Managers cannot fire employees because of their mistaken beliefs about what individuals with disabilities can accomplish,” EEOC Phoenix District Director Rayford Irvin said. “We are pleased with the resolution of this case, and we are hopeful that this agreement will help prevent discrimination in the workplace going forward.”

For more:  http://www.natlawreview.com/article/outback-steakhouse-to-pay-65000-to-settle-eeoc-disability-discrimination-lawsuit

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by | March 29, 2013 · 1:12 am

Hospitality Industry Crime Risks: Hotel Management Must Become More Aware Of Child Sex Trafficking At Properties; Front Desk Employees And Staff Must Be Trained To Look For Visual Clues

“…front desk employees, for example, are encouraged to look for visual clues like signs of abuse or fear among Child Sex Traffickingpotential victims; young people made up to look older; and clients who pay with cash, are reluctant to provide identification or have no luggage…housekeeping staff might be alerted to criminal activity if there are an unusually large number of electronic devices in guest rooms, or many condoms in the wastebasket…”

THE travel industry — long an unwitting participant in human trafficking at hotels and on airplanes, trains and buses — lately has been increasing efforts to combat the problem, working with private advocacy groups and the federal government in long-term, coordinated initiatives that go beyond its normal philanthropic activities.

“People don’t realize how prevalent it is,” Sam Gilliland, chief executive of the travel technology company Sabre Holdings, said of the trafficking problem. “It is not restricted to certain areas in the world. It’s everywhere.”

He called human trafficking a $32 billion-a-year business, but the Polaris Project, an advocacy group, thinks it is higher. The group said that an estimated 21 to 27 million people globally are held as virtual slaves.

Stephen Barth, a lawyer and professor of hospitality law at the University of Houston, said he believed that among the travel industry’s major brands, awareness of the problem had become widespread. “The goal now is to create more awareness among the 50,000 independent hotels scattered all over the U.S. and around the world,” he said.

But challenges remain, particularly among cheaper properties. “Franchisers don’t actually operate the franchised hotels,” which can result in variable compliance, he said. And at some properties, both franchised and independent, security might consist of only one person at the front desk.

For more:  http://www.nytimes.com/2012/11/09/giving/the-travel-industry-takes-on-human-trafficking.html?emc=eta1&_r=1&

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by | March 28, 2013 · 6:08 am

Hospitality Industry Crime Risks: Arizona Hotel Guest Reports $2,000 Stolen After Front Desk Accidently Gives Out Victim’s Room Key

“…The hotel front desk worker told police he accidentally gave the suspect the victim’s room key after forgetting the room was already Hotel Theft Surveillanceassigned…a short time later, the suspect and an unidentified man checked out, saying the room was dirty, according to the police report. By the time the victim came back to her room, her purse and clothes bag were gone…”

A 24-year-old Arizona woman had an interesting response when given the wrong room key at an Oak Creek hotel last week: Steal the clothes and purse of the person staying there. According to a police report, the woman took advantage of a mix-up at the Days Inn front counter and got off with more than $2,000 worth of valuables and clothes belonging to a woman staying at the hotel with co-workers.

The purse contained a phone, credit cards, social security card, $30 in cash, a diamond ring valued at $1,500 and a check made out to her for $1,500. The check and credit cards were canceled.

Clothes, an iPad, sunglasses, an umbrella and more jewelry were also stolen, according to the report.

The front desk worker told the victim that Days Inn is responsible for paying to replace the items stolen, according to police.

For more:  http://oakcreek.patch.com/articles/room-key-mix-up-leads-to-theft-of-purse-clothes

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