Category Archives: Labor Issues

Hospitality Industry Legal Risks: Georgia Restaurant Group Settles Alcohol-Related "Wrongful Death Lawsuit" For $1.1 Million; "Post-Shift Drinking By Employees Is Rampant In Restaurant Industry"

 “It is rampant in the restaurant industry…it is a
culture of post-shift drinking, and in some restaurants, drinking during the
shift. It’s almost like a fringe benefit in some high-end restaurants, this
tradition of drinking after work.”

Husk’s owner, Marietta, Ga.-based Neighborhood Dining Group Inc., and its insurer agreed last month to settle the suit for $1.1 million. The company denied fault or liability.

The fiery crash and lawsuit also have put restaurants across the USA on notice that a tradition at many restaurants — in which employees share a drink after work in a spirit of camaraderie — can have devastating consequences.

The 4 a.m. crash occurred last December, when Adam Burnell, 32, an assistant manager and sommelier at Charleston’s Husk restaurant, allegedly drove his Audi into the back of a Mustang driven by Quentin Miller, 32. The crash slammed Miller’s car into a concrete wall; it erupted in flames, trapping him inside. He died at the scene. Burnell, who prosecutors said had a blood-alcohol level of 0.24%, three times the legal limit, was charged with felony driving under the influence.

Miller’s family filed a wrongful-death lawsuit, alleging that Husk allowed Burnell to drink to excess on its premises after hours and then drive drunk. It was a stumble for a restaurant that was named “Best New Restaurant in America” by Bon Appetit magazine months earlier. Husk also was ranked one of the “101 Best Places to Eat in the World” by Newsweek magazine last month.

Burnell, who sustained minor injuries and is awaiting trial, was not named as a defendant.

Neighborhood Dining Group already had a policy that prohibits employees of its four restaurants — three in Charleston and one in Atlanta — from drinking on the premises, President David Howard says.

For more:  http://www.usatoday.com/news/nation/story/2012-09-04/restaurants-drinking-lawsuit-crash-south-carolina/57586486/1

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Filed under Claims, Crime, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Training

Hospitality Industry Theft Risks: Wisconsin Restaurant Employee Arrested For "Cashing Two Unauthorized Businsess Checks" In His Name

“…the owner of Espana Restaurant and Bar discovered Johnson had cashed two unauthorized checks from the business in his name for $160 and $350…the checks were kept in a locked desk drawer in the basement of the business and were pre-signed to pay vendors…”

A 37-year-old Wauwatosa man is facing charges after he allegedly stole two checks from his employer and then cashed them in his name. Dana James Johnson was charged Thursday in Milwaukee County Circuit Court with one count of theft. If convicted, he faces up to nine months in prison and $10,000 in fines.

Officers then went to Community Financial, 4525 W. North Ave., where they found security video footage of Johnson coming into the bank and cashing the checks.

For more:  http://wauwatosa.patch.com/articles/tosa-man-charged-with-stealing-checks-from-a-milwaukee-restaurant

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

Hospitality Industry Legal Risks: Hotel And Restaurant Owners Should Maintain "Employment Practices Liability Insurance" And Institute Complaint Procedures To Reduce Employee Lawsuits

 “…these suits catch employers by surprise since, even if they terminate an employee for a business reason, every separated employee can claim discrimination on the basis of a protected class such as race, gender or sexual orientation…”

Employers who can afford it purchase Employment Practices Liability Insurance (EPLI) to protect their businesses.

In the last three to four years, HR lawsuits have been on the rise, and unfortunately, there does not seem to be any end in sight. The U.S. Department of Labor reports the number of lawsuits related to the Fair Labor Standards Act, alone, increased 35 percent in three years. And this is only one small area that an employer can be sued. The following steps can be taken to minimize lawsuits:

  • Your employee handbook must contain broad and multi-tiered complaint procedures so employees have sufficient recourse when they feel victimized by harassing or discriminating behavior.
  • Provide annual employment law training to all of your supervisors and require them to sign acknowledgments.
  • Educate your employees at the time of hire – during orientation, for instance – about the avenues open to them should they have a problem and need to complain.
  • Most critically, take prompt remedial action when someone complains. In other words, do something about it within 48 hours or less of receiving the complaint. It is best to seek legal advice when such a complaint occurs.

For more:  http://www.floridatrend.com/article/14575/more-employees-are-suing-employers

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Filed under Claims, Insurance, Labor Issues, Liability, Maintenance, Risk Management

Hospitality Industry Health Risks: California Hotels And Restaurants Must Establish Procedures And Provide Training For "Heat Illness Prevention" For All Outdoor Workers

 “…the California Department of Industrial Relations’ (DIR) Division of Occupational Safety and Health(commonly referred to as Cal/OSHA) is urging employers to protect outdoor workers from heat illness and allow for new workers to adjust to changes in weather (also known as acclimatization)…”

Cal/OSHA’s website provides employers with a Heat Illness Prevention e-tool for reference.

Under California’s first-in-the-nation heat illness prevention standard, employers with outdoor workers are required to establish and implement emergency procedures, and provide training on heat illness prevention to all workers. Every outdoor workplace must have drinking water for workers – at least one quart per hour per employee – and shade for recovery and rest periods. Shade must be provided when temperatures are above 85 degrees, and be available at employee request at any temperature. Employers are also required to train employees to properly identify heat illness symptoms.

The heat illness prevention standard was strengthened two years ago to include a high heat provision that must be implemented by five different industries when temperatures reach 95 degrees. These procedures include observing employees, closely supervising new employees, and reminding all employees throughout the shift to drink water. The specified industries include agriculture, construction, landscaping, oil and gas extraction and transportation or delivery of agricultural products, construction material or other heavy material. However, all employers are advised to take additional precautions during periods of high heat.

Read more here: http://www.sacbee.com/2012/08/15/4729437/calosha-reminds-employers-to-stay.html#storylink=cpy

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

Hospitality Industry Employment Risks: California Hotel Sued By Former Hostess For "Harassment And Religious Discrimination"

“…Boudlal alleges in a lawsuit filed Monday, that her co-workers began taunting her, calling the Moroccan-born Muslim a “terrorist,” a “camel” and someone who learned how to make bombs at her mosque. She complained to her managers verbally and in writing, she said, with no results…”

Imane Boudlal is suing Walt Disney Corp. in federal court, saying that she was discriminated against and harassed for her religious beliefs. She also alleges that she unfairly lost her job in 2010 after refusing to remove her head scarf at work.

“It’s been hard,” Boudlal said in an interview. “I thought it was just a matter of complaining and a few days, and it wouldn’t affect my life, but it turns out … nothing has been done.”

The lawsuit charges that Boudlal, who is a naturalized U.S. citizen, decided to wear her hijab full time in 2010, about eight months after she began wearing it publicly. She contacted her supervisors at Disneyland to request an exemption to the company’s “look” policy — general appearance guidelines that, according to a Disney website, touch on items ranging from contact lens color and visible tattoos to personal hygiene.

For more:  http://www.latimes.com/news/local/la-me-disney-muslim-lawsuit-20120814,0,2971071.story

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

Hospitality Industry Crime Risks: Wisconsin Hotel Employee Arrested And Charged With 65 Counts Of Credit Card Fraud And Identity Theft

“…(the former employee) used customer credit card numbers to pay tuition and insurance bills. An alert customer notified police and an investigation led to his arrest…”

 A 19-year-old who worked at a hotel in Medford is facing 65 credit card theft charges. He worked at the AmericInn until late last year, and was accused of using the card numbers that hotel guests had put on-file to cover room-expenses. Nicholas Johnson is facing 59 counts of identity theft, and six counts of fraudulently using a credit card for more than $10,000. He’ll be back in court on August 14th.

Police began looking for things in common among several reports of fake credit card charges. They focused on Johnson when several of the card-holders who’d been ripped off had stayed at the same hotel. Johnson hasn’t worked there since late last year.

For more:  http://wsau.com/news/articles/2012/aug/10/hotel-worker-charged-in-credit-card-fraud-scheme/

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

Hospitality Industry Insurance Risks: Hotel And Restaurant Owners Face "Greatest Cost Increases" From Healthcare Reform Laws; Must Cover Employees Currently Not Eligible

“…Many retail and hospitality industry employers face a “double whammy” due to the upcoming health care reform law requirements…employers that do not offer qualified coverage face a $2,000 assessment per full-time employee—those working at least 30 hours a week—starting in 2014…”
Employers in the retail and hospitality industries face the greatest cost increases when provisions of the healthcare reform law imposing financial penalties on employers that do not offer qualified coverage go into effect in 2014, according to a survey released Wednesday.Forty-six percent of employers in the retail and hospitality industries and 40% of employers in the health care services industry expect health care cost increases of at least 3% due to health care reform law requirements, according to the Mercer L.L.C. survey of 1,203 employers.

Some will face stiff cost increases as they must extend coverage to employees who are not eligible for coverage currently. In other cases, the coverage they provide, such as through what are known as mini-med plans, will not meet 2014 standards. That includes a ban on annual dollar limits on essential benefits as laid down by the Patient Protection and Affordable Care Act.

Read more: Retail, hospitality industries face big reform costs | Modern Healthcare http://www.modernhealthcare.com/article/20120808/INFO/308089995#ixzz233mGPu1M

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

Hospitality Industry Theft Risks: Former Pennsylvania Hotel Manager Pleads Guilty To Stealing $52,000 During Two Year Period

He was charged with stealing from the Wingate Inn in Unity Township from April 2007 to August 2009 — which he managed while also serving as mayor — before he left to buy a competing business, the Mountain View Inn.

The former mayor of Latrobe has pleaded guilty to misdemeanor charges that he stole about $52,000 from hotel restaurant where he worked and will serve two years’ probation after paying back the money.

Forty-two-year-old Thomas Marflak was charged by Westmoreland County detectives in September 2010, a few months after finishing a four-year term as the first Republican mayor in Latrobe since 1965.

Marflak has claimed the money he spent using hotel credit cards was for legitimate expenses, not his own use, but pleaded guilty Friday to avoid trial and possible prison time on felony charges.

Read more: http://www.sfgate.com/news/article/Ex-mayor-pleads-guilty-to-theft-from-W-Pa-hotel-3765751.php#ixzz22s3DAuN6

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

Hospitality Industry Legal Risks: South Carolina Restaurant Group Pays $1.1 Million To Settle "Alcohol-Related Death" Lawsuit Caused By Assistant Manager

“…the 32-year-old (defendant) has just left his job as an assistant manager at Husk restaurant last December when he rear-ended a car being driven by 32-year-old Quentin Miller on the Ravenel Bridge. Miller died in the fiery wreck, and police say Burnell’s blood-alcohol level was 0.24 percent…”

The parent company of a Charleston restaurant will pay $1.1 million to the family of a man killed in a drunken driving crash that authorities say was caused by one of the restaurant’s employees.

The Post and Courier of Charleston reports the settlement calls for Miller’s parents to get $518,000, Miller’s common-law wife to get $91,500 and the remaining $490,000 to go to attorneys’ fees and costs. The settlement should be finalized at a hearing later this week.

Read more here: http://www.charlotteobserver.com/2012/08/05/3432731/charleston-restaurant-to-pay-1m.html#storylink=cpy

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Filed under Crime, Injuries, Insurance, Labor Issues, Liability, Management And Ownership

Hospitality Industry Employee Risks: Kentucky Restaurant Employee Arrested For "Falsely Reporting A Crime" And Stealing Over $500

“…police discovered Dyer took the money and made up the story to cover up the theft…Police arrested Dyer and charged her with falsely reporting an incident and theft by unlawful taking over $500 – a felony charge…”

A local restaurant employee who told police she was robbed at gunpoint Thursday night at work has been arrested for theft and falsely reporting a crime. According to a statement released Friday by Frankfort Police, 28-year-old Amanda Dyer, of Frankfort, reported around 11 p.m. Thursday that she was robbed at gunpoint by a black male while working at the Sonic restaurant on Louisville Road.

Dyer told investigators the man pointed a gun at her when she went outside to take an order, said Maj. Fred Deaton. She told police he threatened to kill her and other customers if she didn’t give him money, Deaton said.

Deaton said police interviewed other employees and customers and found “none of them said anything that helped corroborate her story.”

Dyer was lodged in Franklin County Regional Jail but has since been released.

For more:  http://www.state-journal.com/local%20news/2012/08/03/sonic-employee-accuses-black-man-of-theft

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