Category Archives: Labor Issues

by | April 4, 2012 · 1:00 am

Hospitality Industry Legal Risks: Restaurants Could Face "Americans With Disabilities Act" (ADA) Lawsuits Over Failure To Accommodate Disabled Guests Using "Service Horses"

“…business owners are getting nervous about a new federal regulation requiring a  particular breed of horse to be allowed into shops and restaurants across the  country…”

The case, as well as the regulation, has drawn concern from at least one  lawmaker on Capitol  Hill, as well as the National Restaurant Association.

The Justice  Department regulations were tailored for so-called “service” horses –  miniature horses that, like service dogs, accompany the blind and others with  disabilities to help them get around.

But the rules were a lawsuit waiting to happen,  according to critics. And sure enough, a suit was filed earlier this month in  Los Angeles, by a man who uses a wheelchair and keeps a miniature horse named  Princess — and who claims a local GameStop and Marshalls refused him and his  horse service.

Read more: http://www.foxnews.com/politics/2012/03/29/businesses-face-lawsuit-fears-as-feds-mandate-service-horses-be-allowed/#ixzz1r2aEZp6a

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by | · 1:00 am

Hospitality Industry Legal Risks: Restaurants Could Face "Americans With Disabilities Act" (ADA) Lawsuits Over Failure To Accommodate Disabled Guests Using "Service Horses"

“…business owners are getting nervous about a new federal regulation requiring a  particular breed of horse to be allowed into shops and restaurants across the  country…”

The case, as well as the regulation, has drawn concern from at least one  lawmaker on Capitol  Hill, as well as the National Restaurant Association.

The Justice  Department regulations were tailored for so-called “service” horses –  miniature horses that, like service dogs, accompany the blind and others with  disabilities to help them get around.

But the rules were a lawsuit waiting to happen,  according to critics. And sure enough, a suit was filed earlier this month in  Los Angeles, by a man who uses a wheelchair and keeps a miniature horse named  Princess — and who claims a local GameStop and Marshalls refused him and his  horse service.

Read more: http://www.foxnews.com/politics/2012/03/29/businesses-face-lawsuit-fears-as-feds-mandate-service-horses-be-allowed/#ixzz1r2aEZp6a

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by | April 1, 2012 · 10:45 am

Hospitality Industry Food Safety Risks: Ohio Restaurants Report Decrease In "Critical Health Violations"; Refrigeration Temperatures, Employee Hand Washing And Mixing Of Raw And Cooked Foods Are Major Concerns

The Centers for Disease Control estimates that each year roughly 48 million people, or 1 in 6 Americans, get sick from a foodborne disease. Of those 48 million, 128,000 people are hospitalized and 3,000 people die due to food that was improperly stored or prepared. The CDC said there are 31 known pathogens that can grow in food that is not stored correctly that will infect unaware eaters.

A critical violation refers to anything “that could directly impact food safety,” according to Brian Williamson, chief of environmental services for Butler County. Examples include proper storage temperatures not being met, an employee not washing his or her hands before preparing food or mixing of raw and cooked foods.

The health departments keep track of restaurant conditions as part of the fight against foodborne diseases.

Nationally, consumers are expected to spend $632 billion at restaurants, according to the National Restaurant Association. This number is an increase of 3.5 percent over 2011. In Butler County alone, there are more than 2,000 places that provide food for sale in some capacity.

“If it’s a critical violation, we try to get it corrected while we’re there,” said Carla Ealy, director of environmental health for the city of Middletown. “If it’s something like a broken refrigerator, where it may take awhile to fix, we come back in 24 or 48 hours to make sure it has been repaired.”

Even if the violations are corrected while the inspector is still at the restaurant, the incident is recorded. Awareness and a realization of how incidents can put the public’s health at risk are keys to public safety, Williamson said.

For more:  http://www.middletownjournal.com/news/critical-health-violations-fall-at-area-eateries-1353156.html

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by | · 10:45 am

Hospitality Industry Food Safety Risks: Ohio Restaurants Report Decrease In "Critical Health Violations"; Refrigeration Temperatures, Employee Hand Washing And Mixing Of Raw And Cooked Foods Are Major Concerns

The Centers for Disease Control estimates that each year roughly 48 million people, or 1 in 6 Americans, get sick from a foodborne disease. Of those 48 million, 128,000 people are hospitalized and 3,000 people die due to food that was improperly stored or prepared. The CDC said there are 31 known pathogens that can grow in food that is not stored correctly that will infect unaware eaters.

A critical violation refers to anything “that could directly impact food safety,” according to Brian Williamson, chief of environmental services for Butler County. Examples include proper storage temperatures not being met, an employee not washing his or her hands before preparing food or mixing of raw and cooked foods.

The health departments keep track of restaurant conditions as part of the fight against foodborne diseases.

Nationally, consumers are expected to spend $632 billion at restaurants, according to the National Restaurant Association. This number is an increase of 3.5 percent over 2011. In Butler County alone, there are more than 2,000 places that provide food for sale in some capacity.

“If it’s a critical violation, we try to get it corrected while we’re there,” said Carla Ealy, director of environmental health for the city of Middletown. “If it’s something like a broken refrigerator, where it may take awhile to fix, we come back in 24 or 48 hours to make sure it has been repaired.”

Even if the violations are corrected while the inspector is still at the restaurant, the incident is recorded. Awareness and a realization of how incidents can put the public’s health at risk are keys to public safety, Williamson said.

For more:  http://www.middletownjournal.com/news/critical-health-violations-fall-at-area-eateries-1353156.html

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by | March 31, 2012 · 9:12 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

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by | · 9:12 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

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by | March 30, 2012 · 1:10 am

Hospitality Industry Health Risks: Alabama Restaurant Guests Are Exposed To "Hepatitis A" Through An "Infected Employee"

Hepatitis A is a communicable disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice. In rare cases, hepatitis A causes liver failure.

In the wake of a report linking a potential mass exposure of hepatitis A to a Northport McDonald’s restaurant, food safety expert and attorney William Marler is calling on McDonald’s to vaccinate its employees against the virus.

On March 28, the Alabama Department of Public Health released a statement indicating that people who ate at a Northport McDonald’s, located at 2000 McFarland Boulevard, from February 28 through March 14 may have been exposed to hepatitis A through an infected employee. Customers who ate breakfast at the McDonald’s on March 16 may also have been exposed.

Hepatitis A is the only foodborne illness for which a vaccine exists; however infection can only be prevented if the vaccine is given within 14 days of exposure. Therefore those individuals who were potentially exposed on March 14 and March 16 should contact a medical provider immediately to receive treatment. Those who may have been exposed prior to March 14 should have developed symptoms by now if they have contracted the virus.

“From both a public health perspective and business perspective, it makes sense for restaurants to vaccinate their employees against hepatitis A,” said Marler. “It is much simpler to take the initial proactive precaution rather than gamble on a mass scare that equates to potential illness, loss of business, and public uncertainty.”

For more:  http://www.prweb.com/releases/2012/3/prweb9347722.htm

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by | · 1:10 am

Hospitality Industry Health Risks: Alabama Restaurant Guests Are Exposed To "Hepatitis A" Through An "Infected Employee"

Hepatitis A is a communicable disease that spreads from person-to-person. It is spread almost exclusively through fecal-oral contact, generally from person-to-person, or via contaminated food or water. Symptoms may not occur for several weeks after exposure and may include abdominal discomfort, fever, malaise, muscle aches, and a yellowing of the skin called jaundice. In rare cases, hepatitis A causes liver failure.

In the wake of a report linking a potential mass exposure of hepatitis A to a Northport McDonald’s restaurant, food safety expert and attorney William Marler is calling on McDonald’s to vaccinate its employees against the virus.

On March 28, the Alabama Department of Public Health released a statement indicating that people who ate at a Northport McDonald’s, located at 2000 McFarland Boulevard, from February 28 through March 14 may have been exposed to hepatitis A through an infected employee. Customers who ate breakfast at the McDonald’s on March 16 may also have been exposed.

Hepatitis A is the only foodborne illness for which a vaccine exists; however infection can only be prevented if the vaccine is given within 14 days of exposure. Therefore those individuals who were potentially exposed on March 14 and March 16 should contact a medical provider immediately to receive treatment. Those who may have been exposed prior to March 14 should have developed symptoms by now if they have contracted the virus.

“From both a public health perspective and business perspective, it makes sense for restaurants to vaccinate their employees against hepatitis A,” said Marler. “It is much simpler to take the initial proactive precaution rather than gamble on a mass scare that equates to potential illness, loss of business, and public uncertainty.”

For more:  http://www.prweb.com/releases/2012/3/prweb9347722.htm

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by | March 29, 2012 · 8:38 am

Hospitality Industry Property Risks: New York Elevator Mechanic Dies When Electrocuted During Maintenance Work Near Control Panel

“…(He) was performing maintenance in the engine room on the ninth floor of  the Axa Equitable building …when he was electrocuted just  after 9:30 p.m…”  

Con Edison was called to the scene for safety reasons, an  agency spokesman said, but it was unclear how the man came into contact with  live wires in the room that houses a control panel and a riser that works to  operate the building’s 34 elevators.

A 39-year-old elevator mechanic died when he was electrocuted at work in a  44-story midtown office building Wednesday night, fire and police officials  said.  Emergency responders found  the repairman unconscious and in cardiac arrest, a fire official said.  But  he died less than 30 minutes later, according to a police source.
“He’s  dead,” a fire source at the scene said. “He was lying on live  wires.”
Building workers said the man had been employed for the past five  years by the Schindler Group – a company that develops, installs and services  elevators and escalators, according to its website – which contracts with the  building to supply in-house mechanics to keep up with repairs.
“He has  three kids, it’s horrible,” said one coworker said. “He was a very nice guy. He  was hardworking and smart,” he said of his fallen friend. “But no one knows what  happened.”
Read more: http://www.nydailynews.com/new-york/mechanic-electrocuted-elevator-manhattan-office-building-article-1.1052532#ixzz1qWQmFsvr

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by | March 25, 2012 · 9:43 am

Hospitality Industry Property Risks: Minnesota Hotel Kitchen "Oil Fryer Fire" Causes $100,000 In Damage

“The oil in the fryer reached its ignition temperature; the employees tried to extinguish the fire with a fire extinguisher, which was ineffective against the burning oil.”  

A fire in a Pannekoeken restaurant fryer at the Days Inn Hotel in downtown Rochester on Saturday morning caused an estimated $100,000 in damage.  Firefighters were called to the hotel, located at 6 First Ave. N.W., at 6:17 a.m., said Rochester Deputy Fire Chief Steve Belau. Employees had been opening the kitchen for the day, and had started the fryer when the mishap happened.
“After a time the fryer was noted to be boiling excessively (and) efforts by employees to shut down the fryer were unsuccessful,” Belau said.

The built-in fire extinguisher system slowed the fire, but was overcome when the fire became too large, Belau said. When firefighters arrived, there was smoke in the main floor and fire in the exhaust hood area of the kitchen. Fire was coming out of the exhaust vent on the outside.
Firefighters used two large portable fire extinguishers. At first, each time they knocked it down, it came back, Belau said. Also, it was unusually hot and smoky inside the kitchen. “Oil fires are very difficult to extinguish due to the unusually high temperatures associated with them,” he said.

For more:  http://www.postbulletin.com/news/stories/display.php?id=1491004

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