Category Archives: Labor Issues

by | August 4, 2012 · 8:47 am

Hospitality Industry Legal Risks: Texas Motel Sued By Maid Injured After Slipping Near Leaky Faucet In Break Room

She was walking near the break room area when she slipped and fell in water that had been leaking from a faulty sink…The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain and lost wages, plus all court costs.

Alleging a company failed to post a warning sign of a known danger, a maid is suing the owners of a Super 8 Motel, claiming a leaky faucet near the break room caused her to slip and fall two years ago. Port Arthur local Gricelda Gutierrez filed suit against Triangle Hospitality Inc. on July 27 in Jefferson County District Court.

According to the lawsuit, on July 27, 2010, Gutierrez was working at Triangle Hospitality’s Super 8 Motel in Port Arthur as a housekeeper. Gutierrez claims she was injured in the fall, although the suit fails to state her alleged injuries.

She accuses the defendant of negligently failing to provide her with a safe work area, alleging that the company knew of the leaky facet and did nothing to remedy the unsafe working conditions.

The suit states the defendant failed to post a warning sign of a known danger.

For more: http://www.setexasrecord.com/news/245756-leaky-sink-causes-maid-to-slip-motel-sued-for-not-posting-warning-sign-of-known-danger

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by | August 1, 2012 · 6:19 am

Hospitality Industry Employment Risks: North Carolina Hotel Sued By EEOC For "Failure To Accommodate An Employee's Religious Beliefs"

 “…the defendants’ managers scheduled Neal to work the evening shift on Friday, Dec. 24, 2010.  Because the shift interfered with her Sabbath observance, Neal, who had previously been allowed to be off for her Sabbath by other managers at the hotel, explained that she could not work on that evening because of her Sabbath.  The hotel managers refused Neal’s request and instead fired her…”

The owners/operators of Comfort Inn Oceanfront South in Nags Head, N.C., violated federal law when they failed to accommodate an employee’s religious beliefs and then fired her because of her religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed Monday.

According to the EEOC’s complaint, Claudia Neal, who worked as a front desk clerk at Comfort Inn Oceanfront South, is a Seventh-Day Adventist. Neal observes her Sabbath from sundown on Friday until sundown on Saturday.

For more:  http://thejobmouse.com/2012/07/31/comfort-inn-oceanfront-south-sued-by-eeoc-for-firing-employee-over-sabbath-issue/

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by | July 31, 2012 · 6:29 am

Hospitality Industry Property Risks: Boston Hotel Parking Garage Fire Caused By Contractor's Welding Torch; Additional Safety Concerns Discovered

“… an independent contractor was in the basement of the parking garage building a new restaurant when a welding torch malfunctioned, causing the small fire…”

“…Boston fire say they discovered that some of the exhaust fans were not working and gave the hotel until the end of the day to fix them or risk being shut down. Fire officials also said it appeared a standpipe was leaking and it had to be fixed…”

A major Boston hotel has addressed some safety concerns after they were discovered while crews battled a small parking garage fire on Monday. The fire broke out in Level 1 of the Westin Hotel garage just after 10 a.m. Monday, according to Boston fire. The fire started on a control knob of a 3-foot high acetylene tank, and fire crews doused the tank to keep it cool, according to Boston fire.

Boston fire’s Steve MacDonald said the contractor had the proper permits for the torches, but they will be amended to include a fire watch any time welding is taking place at the site.

Jorgensen said the exhaust fans have been fixed. Water that was believed to be leaking from a standpipe was actually from the fire department’s hoses, Jorgensen said.

Read more: http://www.wcvb.com/news/local/metro/Construction-torch-sparks-hotel-garage-fire/-/11971628/15827854/-/1547r64/-/index.html#ixzz22D4JvIDV

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by | July 30, 2012 · 7:01 am

Hospitality Industry Employment Risks: Hotel Management Must Perform Regular "Self-Audits" To Determine If Company Is Properly Classifying Workers As Employees Or Independent Contractors

“(The hotel) industry in particular has a tradition of using staffing companies and other staffing arrangements to provide workers, and I think that industry tradition has provided problems for some hotel companies,”

“Hotel companies need to be ahead of the law…do a self-audit … If you’re not compliant, you can take remedial measures to avoid fines from the Department of Labor.”

As the U.S. Department of Labor under the Obama administration is cracking down harder on violations, staying informed about employee misclassification is crucial for hotel operators if they want to avoid costly fines, according to employment attorneys.

Because employment laws often can be complicated, Feldstein suggests employers classify employees themselves by applying the “Right-to-Control” test.

The Right-to-Control test compares the ends versus the means in producing the work the employee was hired to do. If the employer is concerned with only the end result, the employee should be classified an independent contractor.

However, if the employer controls the means and methods of the project in addition to establishing the routine and schedule, it is likely the worker should be classified an employee.

Should an employer need further information, the U.S. Department of Labor website contains basic guidelines that serve as a good starting point, Chapman said.

“There are HR organizations such as (the Society for Human Resource Management) that conduct training and research and guidance on this law and others, which can be helpful,” he said.

Applying the law to a specific set of facts to determine whether or not that individual should be classified as an employee or independent contractor might require the help of an actual practicing attorney, Chapman said.

For more:  http://www.hotelnewsnow.com/Articles.aspx/8674/Classify-employees-properly-to-avoid-penalty

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by | July 27, 2012 · 6:08 am

Hospitality Industry Security Risks: Florida Hotel Security Cameras Capture Armed Robbery Suspects In Action (Video)

[youtube=http://www.youtube.com/watch?v=2CG6CTYoDKU]

Two armed men are on the run after police say they pulled of a hotel heist.

Security cameras captured every moment of the robbery at the Howard Johnson hotel on 50th Street in Tampa.

The footage shows the men make their way from the back of the hotel to the front office, where they force the clerk to empty the cash register at gunpoint. The suspects even take the handsets off the phones to keep the clerk from calling for help.

“These individuals are armed and they’re very determined and were very aggressive,” said Tampa police spokesperson Laura McElroy.

Both men were smart enough to cover their faces while they pulled off the crime, but one of them waited to mask up until after he scoped out the hotel lobby. That footage is giving police at least one clear shot of one of the men.
Read more: http://www.abcactionnews.com/dpp/news/region_tampa/security-footage-shows-armed-robbery-of-tampa-howard-johnsons-hojo#ixzz21pbvMAwY

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by | July 22, 2012 · 4:08 pm

Hospitality Industry Legal Risks: North Carolina Companies Outlawed From Firing Employees Before Or After Filing Legitimate Workers' Comp Claims

The North Carolina Retaliatory Employment Discrimination Act (REDA) outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. 

Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork. Employees are also protected when they inform a supervisor that they may be filing a claim soon.

Recent case: Shannon worked as a property manager for M&M Properties for just three weeks. While cleaning a hotel room as part of his training, Shannon said he injured himself. He reported the incident to his supervisor and said he wanted to check with his doctor before filing a workers’ compensation claim in case he had merely pulled a muscle.

Meanwhile, the company issued a disciplinary warning, outlining problems encountered during Shannon’s training, such as tardiness and lack of communication. He was fired a few days later.

He went ahead with filing the workers’ comp claim—and then followed up with a REDA lawsuit. The company argued that because Shannon hadn’t filed a claim before he was terminated, he couldn’t argue retaliation.

The court disagreed. Otherwise, employers would be able to fire employees—and dodge liability—as soon as they got hurt. (Fatta v. M&M Properties Man­­agement, No. COA11-1397, Court of Appeals of North Caro­­lina, 2012)

For more:  http://www.businessmanagementdaily.com/31679/workers-comp-claim-resist-urge-to-retaliate

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by | July 19, 2012 · 6:13 am

Hospitality Industry Parking Risks: Kentucky Hotel Guest's Auto Stolen By Man Posing As A Valet

“…(suspect) was posing as a valet at the Seelbach Hilton Hotel on June 29. After helping the owner of the vehicle into the hotel with their luggage, Gibbs then drove away with the $25,000 SUV…”

A Louisville man has been charged with theft after he pretended to be a hotel valet and stole a SUV. A short time later, the vehicle’s owner said someone told them the person who drove off in the SUV was not a hotel employee.

Police identified Gibbs as the suspect after looking at hotel security footage and said he later confessed to the crime. The vehicle was recovered that same day parked in front of Gibbs apartment.

Gibbs is charged with theft by unlawful taking of an auto over $10,000.

In a statement to WAVE 3, Jon McFarland, general manager of the Seelbach Hilton, said, “The Seelbach has not had a prior incident like this. We are aggressively looking at how it happened, and preventing it from happening again.”

For more:  http://www.wave3.com/story/19054310/police-fake-valet-steals-suv

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by | July 18, 2012 · 6:45 am

Hospitality Industry Legal Risks: Pennsylvania Casino Sued By Former Waitresses For Discrimination After Demotions For Becoming Pregnant; Violated "7% Body Weight Rule"

“…a rule remains that Parkettes and their male equivalents, Park Men, must not deviate more than 7 percent from their body weight when they were hired… these employees are considered entertainers because they participate in calendar and talent contests and make public appearances off-site. No other casino staffers are subject to the weight requirement…”

Two former cocktail waitresses have filed a federal lawsuit against Parx Casino, in Bensalem, Pa., claiming they were demoted when they became pregnant. Parx’s chief counsel said the casino’s policy has changed since the women filed complaints with the Equal Employment Opportunity Commission in 2009. The establishment now provides maternity versions of its skimpy uniforms to its cocktail waitresses, who are known as Parkettes.

Parkettes Alycia Campiglia, 27, and Christina Aicher, 31, who both became pregnant while working for the casino in 2008, claim that when they told managers they were pregnant, they were informed they could continue as Parkettes only until their costumes no longer fit, according to their lawsuit filed July 5.

Both women said they were offered transfers to the concession stand or players services, but they said they wouldn’t be able to earn tips. The EEOC determined in August 2009 that Parx had discriminated against pregnant cocktail servers.

“We changed the policy to say you can work (as a Parkette) if you’re pregnant,” said Thomas Bonner, Parx’s chief counsel and vice president. “We do have maternity costumes now.”

What hasn’t changed, though, is Parx’s strict weight limitations. Parkettes and Park Men are subject to periodic weigh-ins, and if they fail, they are subject to termination.

In 2006, cocktail waitresses at the Borgata Hotel Casino in Atlantic City filed a $70 million lawsuit against the casino for instituting a 7 percent weight-gain policy. The lawsuit was settled out of court in 2008 for terms that weren’t disclosed.

Last year, Resorts Casino in Atlantic City was hit with three lawsuits that are pending from veteran cocktail waitresses who claim that they were demoted or let go because they were too old or not sexy enough for the new flapper costumes.

For more:  http://www.thonline.com/news/national_world/article_e43a2ab7-1ca0-5a3d-8f10-7f9d0e2a561b.html

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by | July 17, 2012 · 6:18 am

Hospitality Industry Employee Risks: Former Manager Of New York Hotel Convicted Of Felony Theft Of $50,000 From Cash And Expenses On Corporate Credit Card

“…(woman was ordered) to pay $48,883.53 in restitution…that amount would cover thefts Aylmer committed by taking cash from the hotel and by running up expenses on the corporate credit card…”

“A co-defendant…is responsible for paying back about $12,000 to cover the theft of supplies from the hotel that the defendants attempted to sell on Craigslist and eBay…”

The former manager of a Cicero hotel was sentenced today to five years’ probation for stealing more than $50,000 from her employer. Cathaline Aylmer, 40, of Utica, had nothing to say before Onondaga County Judge Joseph Fahey imposed the probationary sentence agreed to when Aylmer pleaded guilty May 11 to a felony count of second-degree grand larceny.

In pleading guilty, Aylmer admitted stealing from the Days Inn Hotel on Bartel Road from June through July 2010.

For more:  http://www.syracuse.com/news/index.ssf/2012/07/former_cicero_hotel_managed_se.html

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by | July 15, 2012 · 6:51 am

Hospitality Industry Employee Risks: Michigan Hotel Employee Charged With Stealing Money From Manager's Room; Background Check Would Have Revealed Lengthy Criminal History

“(the employee) allegedly stole $220 from the purse of her assistant manager who had been staying in a room at the hotel…a hotel manager confirmed that since the Lewis incident, the hotel now conducts background checks. The manager said had they known that Lewis had been convicted of crimes in the past, they would have not hired her…”

An employee of a Muskegon Heights hotel with a lengthy criminal background has been charged with a felony for allegedly stealing money from her manager’s room. Kortney Donesia Lewis, 24, of Muskegon, was arraigned in Muskegon County 60th District Court on Wednesday on one count of larceny from a building, a four-year felony, and as a fourth-time habitual offender.

“The manager noticed by surveillance video and key-code confirmation that Lewis had been in her room,” Gardner said. “Lewis was confronted and admitted it.”

Gardner said Lewis’ criminal history includes a 2006 conviction for an embezzlement charge; a 2009 conviction of larceny from a building and a conviction that same year for stealing and using someone’s credit card.

Based on that history, Gardner said it’s difficult to sympathize with the hotel officials who hired Lewis. “In this case it doesn’t just seem to be the responsibility of the defendant for her actions, but for the hotel for hiring a woman with an extensive criminal history for theft crimes,” he said. “It defies commonsense to give a person with that background access to rooms that often times hold valuables.”’

For more:  http://www.mlive.com/news/muskegon/index.ssf/2012/07/muskegon_heights_hotel_employe.html

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