Category Archives: Labor Issues

by | December 12, 2012 · 7:22 am

Hospitality Industry Theft Risks: Illinois Restaurant Manager Charged With Stealing Over $10,000 In Employee Paycheck Scam; Forged Names On Bogus Paychecks

“…she allegedly used information records of at least four former workers to pull off the scam, which came to light only after one of those former workers took concerns to the restaurant’s owner…created the accounts, employee theft“clocked in” workers to show they worked certain hours and then forged their names on the resulting paychecks…”

The manager of the Jerseyville McDonald’s restaurant was charged this week, accused of theft for allegedly using former workers’ information to create bogus paychecks that she cashed for herself.

The amount of money involved is likely in the tens of thousands of dollars, although Jersey County State’s Attorney Ben Goetten said the case still is being investigated.

“This should be a wake-up call to other business owners out there,” he told The Telegraph.

Officially, the amount of money taken is listed in the charge as between $10,000 and $100,000.

The alleged victim, Lora Dover of Carrollton, said she became alarmed after being told by Medicaid that she was not eligible for her latest disability check because of unreported income from 2012. Turns out, she had not worked at the McDonald’s in 2012.

For more:  http://www.thetelegraph.com/news/local/article_8692a192-43e5-11e2-b4f6-001a4bcf6878.html

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by | December 10, 2012 · 7:05 am

Hospitality Industry Property Risks: California Restaurant Fire Caused By "Improperly Stored Oily Rags" Catching Fire; 10 Propane Tanks Explode

“…Oily rags ignited a Sunday morning fire that caused several propane tanks to explode at the Gingham restaurant owned by a celebrity chef…the rags were balled up and tossed in a bin when they should have been Restaurant Firelaid out to dry and stored in a properly approved container…”

Most of the estimated $50,000 in damage occurred in the exterior courtyard between Gingham and the shop next door, McCrea Music Company. The businesses reside between La Mesa Boulevard and Allison Avenue.

Initial reports at 5:48 a.m. were of a rubbish fire behind the restaurant. When fire crews arrived three minutes later, the flames were 10 feet high and firefighters witnessed multiple explosions of propane tanks. In all, as many as 10 of the 35 tanks stored behind the restaurant exploded.

Battalion Chief Bent Koch said it appeared that the cleaning rags from the restaurant, which were stored in a container outside, had spontaneously combusted.

For more: http://www.nctimes.com/fire-at-la-mesa-s-gingham-restaurant/article_a596c7f7-4b96-5250-8d65-5e8532cf6144.html

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by | December 7, 2012 · 8:59 am

Hospitality Industry Legal Risks: Florida Hotel And Spa Sued For "Sexual Abuse" Of Woman During Massage; Masseuse Used "Inappropriate Draping Techniques" And Contact

“…The suit alleges masseuse failed to use appropriate draping techniques and within 10-15 minutes, Hospitality Industry Lawsuitshe was completely naked…he proceeded to “massage” her exposed breast and lower belly, saying it was a technique in which he specialized, according to her attorney…”

A woman and her attorney have filed a lawsuit against a Miami Beach spa after she claimed she was sexually abused by a masseuse. According to the lawsuit filed in Miami-Dade County Circuit Court early Thursday morning, the unnamed woman went to the Sanctuary Hotel on South Beach with her husband on Feb. 20th and purchased a massage at the Sanctuary Spa & Salon through Groupon.

According to the suit, Fraga continued the sexual conduct by rubbing between her buttocks, legs and private parts and placed his penis in her hand. The woman has sued the Sanctuary Hotel Group, Inc.

For more:  http://miami.cbslocal.com/2012/12/06/lawsuit-woman-alleges-sex-abuse-by-masseuse-at-sobe-spa/

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by | December 6, 2012 · 8:01 am

Hospitality Industry Health Risks: Restaurant Dishes And Silverware Cleaning And Sanitation Methods "Fall Short Of Eliminating Norovirus" According To Research Study

“Norovirus is the leading cause of epidemic gastroenteritis and the major cause of foodborne illness in the United States…proper sanitation and handling remain the single biggest factor that can prevent cross-norovirus outbreak hotelscontamination of food and dishware at food service establishments…better agents or methods (are needed) to significantly reduce the presence of norovirus…”

Restaurant dishes and silverware may be an overlooked place where people can catch stomach viruses, according to a new study published December 5, 2012 on the PLOS One website.

While the current industry guidelines for cleaning dishware used in public settings are effective at neutralizing bacteria, researchers at The Ohio State University found that they appear to fall short of eliminating norovirus.

Norovirus is the leading cause of epidemic gastroenteritis and the major cause of foodborne illness worldwide, responsible for at least 50% of all gastroenteritis outbreaks in the United States.

For more:  http://www.plosone.org/article/info%3Adoi%2F10.1371%2Fjournal.pone.0050273#s5

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by | December 5, 2012 · 7:34 am

Hospitality Industry Property Risks: California Restaurant Kitchen Fire Caused By "Commercial Gas Grill" Igniting Wood Inside Wall; Repairs Estimated At $10,000

Restaurant Fire

“…Firefighters were hampered by multiple concealed spaces caused by past remodeling. Firefighters located the seat of the fire in the wall and extinguished it with a small amount of water, but found that the fire had traveled through the wall and in to ceiling spaces between layers of roofing materials above…”

Humboldt Bay Fire responded to a reported structure fire at Pho Thien Long Restaurant, 615 F St. Upon arrival fire personnel were directed to the kitchen area where light smoke was seen coming from a hole in a wall and the wall was extremely hot to the touch. Fire personnel directed restaurant customers and staff to exit the building. Power and gas was secured to the building as firefighters began cutting in to the wall to locate the fire.

Humboldt Bay Fire spent about 90 minutes ensuring that any remaining pockets of fire had been extinguished. The restaurant was turned back over to the business owner. The fire caused about $10,000 damage, and the business will need extensive repairs before it will be able to reopen. The cause of the restaurant fire appeared to be accidental. The fire was caused by heat radiated from a commercial gas grill igniting the wood in the wall.

For more:  http://www.times-standard.com/breakingnews/ci_22121723/updated-pho-thien-long-restaurant-will-need-extensive

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by | December 4, 2012 · 8:02 am

Hospitality Industry Legal Risks: Kentucky Restaurants Sued By Cities For "Multiple False Alarms"; Thousands Of Dollars In Unpaid Fines

“…The city has filed 37 lawsuits in recent weeks — with at least 13 more pending — against the most egregious offenders, seeking thousands of dollars in unpaid fines and hoping to send a message about fixing alarms that False_Alarmswaste police time and cost taxpayer dollars…”

More than 40 times since 2008, Louisville Metro Police Department officers have made emergency runs to the Taco Bell on East Broadway, only to find they were responding to a false alarm.

Under a policy enacted in June 2005 that aims to crack down on residents and businesses who have multiple false alarms, the city has fined the Taco Bell — repeatedly — up to $500 per false alarm.

But the restaurant, like some others, has not paid its fines, which now total $10,700, according to city records.

Before police began charging fees for false burglary and hold-up alarms in 2005, officers were responding to more than 40,000 false alarms a year, Gibson said. Since then, that number has fallen dramatically, with less than 20,000 false alarm runs through October of this year.

For more:  http://www.courier-journal.com/article/20121203/NEWS01/312030096/City-sues-collect-false-alarm-fines?odyssey=nav|head

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by | December 3, 2012 · 6:58 am

Hospitality Industry Health Risks: Hotel Employee Causes Chemical Reaction By "Accidentally" Mixing Pool Chemicals, Forcing Evacuation; Hazmat Team Sent For Clean-Up

“…an employee had accidentally poured chlorine into a container of muriatic acid, causing a chemical chlorine gas leakreaction…since chlorine was diluted and poured down a drain by an employee, the Region of Peel’s hazardous materials team has also been sent to the hotel…”

A mishap with pool chemicals has forced some of the staff and guests at the Hilton Garden Inn on Traders Blvd. E. to be evacuated from the hotel this morning.

Everyone on the first floor of the building was evacuated as the Mississauga Fire and Emergency Services Department and police arrived. The second floor has now been evacuated after guests reported smelling chlorine. A Mississauga Transit bus has been sent to the hotel at 100 Traders Blvd. E., just east of Hurontario St.,  to accommodate those who have been forced outside. A decontamination area has been set up to help with the clean-up.

An ambulance has taken one person to Credit Valley Hospital.

For more:  http://www.mississauga.com/news/article/1547378–hotel-evacuated-after-pool-chemical-mix-up

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by | November 30, 2012 · 7:28 am

Hospitality Industry Employment Risks: Arizona Restaurant Settles EEOC "Pregnancy Discrimination" Lawsuit For $15,000; Servers Removed From "Sunday Football Schedule"

“…The EEOC’s lawsuit…charged that Sandbar instituted a policy of removing pregnant women from its Sunday schedule at its Peoria restaurant in an attempt to allegedly satisfy its male Sunday football EEOCcustomers… it believed its male customers did not wish to see pregnant women while they watched Sunday football games. Working on Sundays during football season was the most or one of the most lucrative shifts during the week for the pregnant employee…”

A Peoria, Ariz., restaurant will pay $15,000 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had alleged that West Sand, LLC, doing business as Sandbar Mexican Grill, unlawfully removed a pregnant employee from working on Sundays during football season because she was pregnant.

According to the EEOC, pursuant to this policy, Sandbar removed a pregnant woman from its lucrative Sunday schedule, causing her a significant loss of income. Sandbar denied the discrimination.

Sandbar Mexican Grill will pay $15,000 to the female employee to resolve this EEOC case. Under the consent decree settling the suit, Sandbar also must also (1) provide anti-discrimination training for all employees who work at its Peoria location; (2) review and revise, if necessary, its policies to ensure they prohibit sex and pregnancy discrimination as well as retaliation and ensure a strong and clear commitment to a workplace free of such bias; (3) investigate allegations of sex discrimination, pregnancy discrimination and retaliation promptly, fairly, reasonably, and effectively and ensure that appropriate corrective action is taken; and (4) post a notice that sex and pregnancy discrimination -or retaliation for complaining about it – is unlawful.

“Pregnancy discrimination remains a persistent problem in the 21st-century workplace,” said Mary Jo O’Neill, regional attorney of the EEOC’s Phoenix District Office. “Employers cannot disadvantage the terms and conditions of a pregnant employee’s work to satisfy an assumed customer preference about the physical appearance of employees, which is likely untrue in any event.”

EEOC District Director Rayford Irvin added, “The EEOC will continue to be vigilant in rooting out pregnancy discrimination. This type of unlawful exclusion is never a winning game plan.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-28-12a.cfm

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by | November 28, 2012 · 7:24 am

Hospitality Industry Health Risks: Illinois Restaurant Connected To "Salmonella Contamination Through Human Transmission" Closed Down; Employees Must Be Cleared To Work

“…the (restaurant) was found to have a suspected connection to the salmonella cases…the health department discussed the situation with the franchise ownership, at which time they chose to voluntarily close in an abundance of caution…the link does not seem to be a certain food, but rather human transmission…”

A McDonald’s eatery in Bloomington, Ill. in McLean County was shuttered before the Thanksgiving weekend as investigators look into a suspected case of salmonella contamination. It remains closed.

Pantagraph.com writes that a range of confirmed salmonella cases were reported at several different restaurants in Central Illinois between October 18 and November 11, and “substantial information connecting the [McDonald’s] to the cluster of salmonella cases was discovered last week.” Investigators believe the sickenings were a result of human transmission rather than a specific food item.

Every employee at the McDonald’s is being tested and the restaurant will not reopen until enough staff have been cleared to work.

“People that are sick, they know they’re sick,” Simon said. “They’ve been sick for a period of time.” For about a week, these individuals have been suffering from particularly nasty cases of Salmonella Stanley, a rare strain that Food Safety News writes is rare outside of Southeast Asia and usually appears only in people who have traveled there.

For more:  http://www.huffingtonpost.com/2012/11/27/mcdonalds-bloomington-salmonella_n_2197920.html

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by | November 26, 2012 · 7:16 am

Hospitality Industry Health Risks: Tennessee Restaurant Employees Offered "Free Vaccines" By Non-Profit Group; Lack Of Health Insurance And Risks Of Contracting Flu Cited

“… healthcare professionals with The Shot Nurse have been visiting hundreds of Memphis area restaurants offering free vaccines for employees made possible with funding from Serving Memphis. Restaurant workers were chosen for the campaign for a number of reasons. They frequently lack health insurance, or work multiple jobs making it difficult to find time to get vaccinated. Also, their work with the general public puts restaurant employees at greater risk to contract the flu…”

Getting sick hurts restaurant workers in another place: Their pocketbook. “In this industry, you live off each day of work,” Hafford said.

So far this year, Pietri estimates she’s surprised more than 200 restaurants and injected 430 workers with the flu vaccine. The registered nurse works for The Shot Nurse, which would charge $25 per injection. But that expense is being born by three people who either own restaurants or have had family in the business: Michael Uiberall, Wight Boggs and Sandy Robertson.

They are paying for the shots through their new nonprofit, Serving Memphis.

“We’re trying to target people who are in minimum-wage positions,” said Boggs, an owner of Huey’s restaurants. They’re often young adults, she said, adding, “We’re trying to get them to start thinking about a healthy lifestyle early on.”

The goal is to provide 500 flu shots this year. “Next year, we hope to do 800 shots,” said Uiberall, a partner in the CPA firm Watkins Uiberall.

For more:  http://www.commercialappeal.com/news/2012/nov/21/new-group-aims-to-keep-memphis-restaurant/?CID=happeningnow

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