Category Archives: Labor Issues

by | January 13, 2012 · 7:16 am

Hospitality Industry Theft Risks: California Hotel Robbery Suspect Entered Guest Rooms Through "Open Doors" And "While Faking A Disability To Avoid Suspicion"

“… in rooms where guests left without closing their doors tightly, jewelry, watches, electronics and wallets were missing. “He had credit cards from some of the victims, we believe he was involved in fraud and identity theft.”

“…Hotel workers told us they believe Hudson used a handicapped placard on his car, and walked with a limp. They speculate that is because of his apparent disability. Some hotel patrons may have opened side doors and let him in…”

Fresno police have arrested a suspect in a series of burglaries in hotels and motels in the Central Valley. Police have linked James McGovern to burglaries at three hotels in Fresno. He’s also a suspect in burglaries in Kingsburg, Clovis, Madera and Chowchilla.

Police think McGovern slipped in through side doors as guests left, and then walked the halls, looking for targets. Fresno Police Sergeant Mark Hudson told Action News the Airport Holiday Inn, The Marriot Courtyard and Homewood Suites in Fresno were among those McGovern hit. “He was going into these hotels and just checking for open doors, maybe where maids had been in going in stealing the TV’s.”

For more: http://abclocal.go.com/kfsn/story?section=news/local&id=8503146

Comments Off on Hospitality Industry Theft Risks: California Hotel Robbery Suspect Entered Guest Rooms Through "Open Doors" And "While Faking A Disability To Avoid Suspicion"

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

Tagged as , , ,

by | January 12, 2012 · 7:00 am

Hospitality Industry Legal Risks: Washington State Supreme Court To Hear Restaurant Operator's "Products Liability And Negligence Lawsuit"; Employee "Spat On Hamburger"

An appeals court asked a state supreme court for help in deciding whether to revive a case by a police officer against Burger King over a Whopper he says a worker spat on.

Bylsma sued Burger King and restaurant operator Kaizen Restaurants Inc under products liability and negligence laws. He said he suffered ongoing emotional trauma from the incident, including vomiting, nausea, food anxiety and insomnia that required professional help.

The U.S. Court of Appeals for the 9th Circuit on Wednesday asked the Washington Supreme Court to clarify whether Washington law would allow the officer to recover damages for emotional harm when he only touched, but did not eat, the contaminated burger.

Clark County Sheriff’s Deputy Edward Bylsma said in the lawsuit that he drove his police cruiser through a Burger King drive-thru in Vancouver, Washington, in March 2009. He had “uneasy feeling” about the two employees that served him, the complaint said. When Bylsma later examined the burger, he noticed a large glob of spit on the meat patty. He touched the substance, but did not eat the burger.

DNA testing revealed the saliva belonged to one of the Burger King employees, who pled guilty to assault and was sentenced to 90 days in jail, the court opinion said.

For more: http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/9th_Circuit_asks_state_court_to_weigh_in_on_Whopper_spit_suit/

Comments Off on Hospitality Industry Legal Risks: Washington State Supreme Court To Hear Restaurant Operator's "Products Liability And Negligence Lawsuit"; Employee "Spat On Hamburger"

Filed under Claims, Employment Practices Liability, Food Illnesses, Guest Issues, Health, Injuries, Insurance, Labor Issues, Liability, Risk Management

Tagged as , , ,

by | January 11, 2012 · 11:41 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchise Sued For "Racial Discrimination" In Promoting Employees

“…The lawsuit …claims that Panera franchisee Covelli Enterprises discouraged managers from hiring African Americans, and then relegated them to menial, back-of-the-shop roles….”

A Panera Bread franchisee had a policy of keeping “fat, black or ugly” people off of the cash registers and out of management positions, according to a lawsuit filed in federal court today that seeks class action status.

It follows a lawsuit filed in November by a former Panera Bread manager who said he was fired under pretenses after he objected to such policies. Both Mr. Vines and the former manager are represented by attorney Sam Cordes.

Mr. Vines, who is black, worked at Panera at the Galleria in Mt. Lebanon from November 2009 through August 2011, according to the complaint. While he was there, a district manager told a store manager that Sam Covelli, of Covelli Enterprises, might give them both a “death sentence” if he saw Mr. Vines working a cash register, because Mr. Vines was a “that” — code for an African American.

Because Mr. Vines was a good employee, the store manager continued to periodically put him on the cash register, and tried to promote him, the complaint said. He was repeatedly reprimanded, however, and was not allowed to promote Mr. Vines, it said.

Mr. Vines eventually was forced to quit because of the policies, the complaint said. Mr. Cordes said he now works at another restaurant. He seeks actual, compensatory and punitive damages.

Mr. Vines seeks to represent the interests of all African Americans hired at Panera Bread branches owned by Covelli Enterprises, which is based in Warren, Ohio. Mr. Cordes said that the class of plaintiffs does not include overweight or “ugly” people.

Read more: http://www.post-gazette.com/pg/12011/1202770-100.stm#ixzz1jBDYhqK9

Comments Off on Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchise Sued For "Racial Discrimination" In Promoting Employees

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

Tagged as , , , , ,

by | January 10, 2012 · 3:26 am

Hospitality Industry Legal Risks: Woman Files "Negligence Lawsuit" Against Major Hotel Group After Front Desk Staff Gives Room Key To "Drunken Man" Who Assaults Her

A New York business woman is suing Starwood Hotels and Resorts Worldwide, claiming staff at one of their hotels gave her room key to a drunken man who allegedly sexually assaulted her in her bed.

 “…suing the company for negligence and negligent infliction of emotional distress for an amount to be determined at trial…”

Alison Fournier announced the suit today at a news conference with women’s rights lawyer Gloria Allred. According to the suit, Fournier was in her locked room in Hotel Kämp, a hotel operated by Starwood Hotels in Helsinki, Finland, on the night of Jan. 15, 2011 when she was sexually assaulted.

The man, who was “visibly intoxicated,” had undressed, slipped into her bed, and proceeded to grope her naked body, the suit says.

That same man, according to the suit, later went to the front desk, said that he was Fournier’s husband, and obtained a key from hotel staff to her room.

The staff did not ask him for any identification or proof that he was in fact Fournier’s husband, according to the lawsuit. He then proceeded to her room and tried to molest her. She awoke, grabbed a housecoat, and ran screaming from the room.

For more:  http://abcnews.go.com/US/woman-sues-hotel-claiming-drunken-man-room-key/story?id=15324761

Comments Off on Hospitality Industry Legal Risks: Woman Files "Negligence Lawsuit" Against Major Hotel Group After Front Desk Staff Gives Room Key To "Drunken Man" Who Assaults Her

Filed under Crime, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Privacy, Risk Management

Tagged as , , ,

by | January 9, 2012 · 6:13 am

Hospitality Industry Legal Risks: Ten Indiana Hotels Named In "Overtime Lawsuit" Involving Housekeepers And Food Service Staff

 “…to get all the rooms cleaned, she didn’t take lunch breaks or worked past the end of her shift…she estimates she is owed $5,200 for unpaid work over the past two years…”

 “…intends to ask the court to make the lawsuit a class action open to more than 1,000 local hotel employees who worked for Hospitality Staffing during the past three years…”

An attorney representing 14 Indianapolis hourly hotel workers plans to file a lawsuit today alleging their employers failed to pay them for overtime. Ten Indianapolis hotels, including some of the city’s largest, and the staffing company for which the employees worked, Hospitality Staffing Solutions, are named in the prepared complaint. Jeffrey A. Macey, an Indianapolis attorney for the workers, said he plans to file the 24-page document today in U.S. District Court in Indianapolis.

Most of the 14 workers making the allegations were housekeepers or food service staff.

For more:  http://www.indystar.com/article/20120109/LOCAL18/201090328/10-Indianapolis-hotels-named-lawsuit-alleging-workers-weren-t-paid-overtime?odyssey=tab%7Ctopnews%7Ctext%7CIndyStar.com

Comments Off on Hospitality Industry Legal Risks: Ten Indiana Hotels Named In "Overtime Lawsuit" Involving Housekeepers And Food Service Staff

Filed under Labor Issues, Liability, Management And Ownership, Risk Management, Training

Tagged as , , , , , , ,

by | January 4, 2012 · 6:13 am

Hospitality Industry Crime Risks: Louisiana Hotels' "Business Centers" Used For "Online Prostitution"; Pictures And Ads Found On Computers

“…Prosecutors say a Houston man who had used a hotel business center to post online ads offering a woman for prostitution faces up to 10 years in prison…”

“… posted online advertisements for sexual services and reportedly kept all the profits his victims made…”

A Houston man has pleaded guilty to transporting a woman for commercial sex, the US Attorney’s Office says. In court, 30-year-old Jerald Bland admitted he transported a woman to Louisiana so she could engage in prostitution.

Bland, aka “Moe Betta”, was arrested following an undercover Houston Police investigation in March 2010. Officers discovered a camera containing pictures of women in sexually provocative poses and Bland flashing money.

Sentencing is scheduled for March 20, 2012. If convicted, Bland faces up to 10 years in prison and a maximum $250,000 fine. Upon release, he also faces a lifetime sentence of supervised release.

Read more: http://www.myfoxhouston.com/dpp/news/local/120103-man-pleads-guilty-in-sex-trafficking-case#ixzz1iUwAekmu

Comments Off on Hospitality Industry Crime Risks: Louisiana Hotels' "Business Centers" Used For "Online Prostitution"; Pictures And Ads Found On Computers

Filed under Crime, Guest Issues, Labor Issues, Liability, Management And Ownership, Privacy, Risk Management, Technology

Tagged as , , ,

by | December 30, 2011 · 5:59 am

Hospitality Industry Property Risks: Texas Hotel "Service Elevator" Malfunctions Resulting In Housekeeper's Fatal Six Story Fall

In Texas, licensed inspectors must check elevators annually. The service elevator at the Crockett Hotel was installed in 1981 and its last annual inspection was in December 2010, according to the most recent records on file with the licensing department. Elevator inspector William McPherson did not note any concerns in his report.

In a 2008 inspection report, McPherson wrote that the service elevator needed a door restrictor — a device that prevents elevator doors opening when an elevator is stuck between floors. It prevents occupants from falling out of the elevator down the shaft, and from being injured if the elevator moves while they try to climb out.

The state’s chief elevator inspector will investigate a fatal incident at the Crockett Hotel, where a housekeeper fell six stories down the shaft of a service elevator Wednesday evening.

Brendel said the elevator was regularly maintained and inspected. He told police that the hotel “had been having problems with the elevators,” but they had been serviced and were working properly, according to a San Antonio police report.

The death stunned Rodriguez’s family, who described her as a warm, kind-hearted woman. She left behind four children, 10 grandchildren, and two great-grandchildren.

Family members say they have not received any explanation from hotel management about the cause of the death. Gloria Rodriguez’s daughter, Sara Ochoa, said the elevator had frozen with an employee inside it a few days ago, and it had gotten stuck in the past.

Lawrence Taylor, chief inspector for the Texas Department of Licensing and Regulation, which oversees elevator safety, was traveling to San Antonio on Thursday to investigate, department spokeswoman Susan Stanford said.

The Occupational Safety and Health Administration, a federal agency that enforces safety standards for workers, also is investigating the incident.

Brendel said he couldn’t remember if the restrictor had been installed. But in a 2009 letter sent to state officials, he wrote that the hotel was planning to install one. More recent inspection reports did not find any problems regarding the door restrictor.

Read more: http://www.mysanantonio.com/news/local_news/article/Cause-unclear-in-death-at-hotel-2431280.php#ixzz1i1f7zxA3

Comments Off on Hospitality Industry Property Risks: Texas Hotel "Service Elevator" Malfunctions Resulting In Housekeeper's Fatal Six Story Fall

Filed under Injuries, Insurance, Labor Issues, Maintenance, Management And Ownership

Tagged as , , ,

by | December 29, 2011 · 6:21 am

Hospitality Industry Employee Risks: Texas Hotel Uses Video Cameras To Identify Housekeeper Who Used "Portable Electronic Skimmer" To "Steal Guest Credit Card Numbers"

“…a number of guests who suspected someone had entered their rooms and stolen their credit card information, even though they were still in possession of their credit cards. Charges usually were applied to the credit cards several days after the guests had departed the hotel…”

“…While monitoring the hidden camera’s video feed real-time from the hotel security office, Jose Ramirez observed Margarita Fernandez Abreu remove a small device from her pants pocket and then slide approximately three of the debit cards through the device…”

The Stephen F Austin set up an elaborate ruse to trick a hotel maid into revealing she had stolen the credit and debit card numbers of hotel guests.

 Possible suspects in the case were narrowed down to maid Margarita Abreu, the only employee who had entered the room with an electronic key card. Knowing that, the hotel managers set up a hotel room that appeared to be occupied but wasn’t. A hidden camera was placed in the room that focused on the coffee table and debit cards.

 “Margarita also looked through the purse that was on the table as well. Margarita then concealed the device back in her pocket and continued cleaning the room.” After two detectives viewed the video and identified the object as a “card skimmer” that captured and saved the data. That data could be later downloaded and re-encoded to create “clone” credit cards.

Abreu was arrested on charges of credit card abuse, a state jail felony. Her bail was set at $15,000.

For more:  http://www.kxan.com/dpp/news/crime/video-shows-credit-card-theft

Comments Off on Hospitality Industry Employee Risks: Texas Hotel Uses Video Cameras To Identify Housekeeper Who Used "Portable Electronic Skimmer" To "Steal Guest Credit Card Numbers"

Filed under Crime, Guest Issues, Labor Issues, Maintenance, Management And Ownership, Risk Management, Technology, Theft

Tagged as , , , , ,

by | December 27, 2011 · 6:56 pm

Hospitality Industry Legal Risks: New York Hotel Found Guilty Of Fostering A "Hostile Environment" For A Black Employee In Racial Discrimination Lawsuit

“…He was the only black employee in that department, the suit said, and several other mechanics and supervisors frequently used a racial epithet when he was around, apparently in an effort to cause him discomfort…The suit contended the hotel’s management at favored white and Hispanic workers over African-Americans…”

On Friday a jury, after issuing a verdict in Mr. MacMillan’s favor, awarded him $125,000 in compensatory damages and $1 million in punitive damages.

Freddrick MacMillan, who has worked at the hotel in various capacities since 1990, sued in Federal District Court in Manhattan in 2009, saying he had been subjected to a hostile environment.

 Mr. MacMillan, who is African-American, said several co-workers habitually referred to him as “boy” and used a racial epithet, and one of them used a noose to hang a doll with a black face from a bulletin board in a supervisor’s office.

For more:  http://cityroom.blogs.nytimes.com/2011/12/16/millennium-hotel-loses-racial-harassment-suit/

Comments Off on Hospitality Industry Legal Risks: New York Hotel Found Guilty Of Fostering A "Hostile Environment" For A Black Employee In Racial Discrimination Lawsuit

Filed under Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Tagged as , ,

by | December 26, 2011 · 8:33 am

Hospitality Industry Employee Risks: "Introduction To California's Workers' Compensation System" (Video)

[youtube=http://www.youtube.com/watch?v=2udxkhH24Cc]

Learning the rights of an injured worker under California’s workers’ compensation system. This video follows several workers’ compensation case scenarios and provides basic information and resources for obtaining further assistance and/or information.

Comments Off on Hospitality Industry Employee Risks: "Introduction To California's Workers' Compensation System" (Video)

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

Tagged as , , , ,