Category Archives: Labor Issues

by | October 27, 2011 · 1:37 am

Hospitality Industry Employee Risks: California Hotel Operator Ordered By Labor Commission To Pay "Back Wages And Penalties" For Denying Housekeepers 10-Minute Rest Periods

“…43 of the 80 employees at Embassy Suites Irvine filed formal complaints with the Labor Commissioner about the rest-period issue. Of the seven hearings that have so far been held, all seven workers received awards averaging $5,261 each…”

HEI Hospitality LLC, which manages the 293-room hotel, was recently ordered by a state Labor Commissioner hearing officer to pay $36,827 in back wages and penalties to full-time housekeepers who were denied 10-minute rest periods. The breaks are a legally mandated minimum standard in California.

Those housekeepers earned an average of $8.92 an hour before taxes. Their work included scrubbing toilets and showers, vacuuming, mopping floors on their knees, changing blankets and sheets, cleaning out microwaves, refrigerators and coffeemakers, taking out the trash, wiping down mirrors and counters and changing shower curtains.

The housekeepers said HEI would assign them workloads of 16 or 17 rooms to clean in an eight-hour shift, threaten them with discipline if they did not finish all their work on time and give them extra work such as cleaning hallways if they were seen standing around. Several of them were never made aware, as is required by law, that they had a right to take the breaks.

For more:  http://www.ocregister.com/news/hei-323823-employees-workers.html

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by | October 26, 2011 · 5:11 am

Hospitality Industry Employee Risks: New Mexico Hotel Operator Sued By Guests Who Were "Spied On" Through Bathroom Wall


“.. family says in a lawsuit that they were spied on while taking showers last year in an Albuquerque hotel…”

“…named as defendants are Wyndham Worldwide Hotels, a parent company of Ramada Inn, which used to operate the motel, as well as Bhakta, Gonzales and another employee, Gibi George, who had access to the maintenance corridor. The complaint says all three of them subsequently left their employment at the hotel…”

Eric and Evangeline Vigil and their two children — a 17-year-old son and an 8-year-old daughter — checked into the Ramada Inn, 2015 Menaul Blvd. NW, on April 23, 2010, during a weekend visit to Albuquerque to celebrate the teen’s birthday, according to a lawsuit filed Tuesday in state District Court.

The complaint says the wife was given a “special rate” for Room 135 when she and the children checked in. The hotel staff were unaware that they were later joined by her husband, the lawsuit says.

While taking separate showers the next morning, each family member heard noises coming from behind the wall of the shower stall. When the father examined the area around the fixtures, the complaint says, he noticed a hole under the faucet.

“As Eric Vigil looked into the hole under the faucet, he saw an eye staring at him from behind the wall,” it says. “Eric Vigil immediately hit the tub surround and shouted. He heard someone attempt to leave the area from behind the wall.”

The complaint says when Vigil went into the hallway, he noticed a maintenance door next to his room door.

According to the complaint, the general manager, Sanketkunar Bhakta, told Vigil “the maintenance guy” had been fixing pipe behind the door, but after Vigil called police, Sanketkunar told the officers that he and another employee, Sergio Gonzales, were fixing a sewer line. Subsequently, Bhakta changed his story and claimed that he and Gonzales were fixing television cables in the corridor, the complaint says.

An inspection of the maintenance corridor found insulation had been removed from the wall behind the shower stall “to afford a clear line of sight into the shower stall” and that a plastic bucket was placed there to provide a place to sit while spying through the peephole, the complaint says.

For more:  http://www.santafenewmexican.com/Local%20News/Suit–Family-spied-on-via-peephole-in-hotel-shower

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by | October 24, 2011 · 5:31 am

Hospitality Industry Safety Risks: OSHA Renews "Local Emphasis Enforcement Program" Targeting Hotel Operators; Electrical Safety Standards Are Cited Most Often

OSHA recently renewed a Local Emphasis Enforcement Program (“LEP”) that targets hotel operators in OSHA’s Region 2, which includes New York, New Jersey, Puerto Rico, and the Virgin Islands. The directive outlining OSHA’s Hotel LEP is available on OSHA’s website. 

The Hotel LEP was launched in October 2010, and during the first year of the initiative, OSHA limited enforcement inspections to hotels in the Virgin Islands. According to an OSHA Region 2 official, the agency started in the Virgin Islands because of a high number of reports of workplace injuries at hotels in that area. Since the start of the LEP, OSHA has essentially inspected a different hotel property each month to month and a half. The hotel properties subject to LEP inspections have ranged from locally-owned motels to multinational hotel chains.

Most Frequently Cited Standards in the Hotel Industry in 2010

 

CITED STANDARDS

# OF CITATIONS

Electrical Safety

67

Hazard Communication

37

Personal Protective Equipment

30

Bloodborne Pathogens

25

Respiratory Protection

21

Asbestos

18

Lockout/Tagout

14

Recordkeeping – Annual Summary

13

For more:  http://www.hospitalitylaboremploymentlawblog.com/2011/10/articles/osha-renews-enforcement-program-targeting-hotels/

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by | October 22, 2011 · 5:20 am

Hospitality Industry Insurance Risks: California Hotel Owner Charged With Workers' Compensation Violations And Fraud

“…accused of dissuading an employee from seeking workers’ compensation after a work injury, fraud and making false claims. He is charged with two counts of insurance fraud, failure to maintain workers’ compensation insurance …”

The owner of a long-troubled Santa Cruz area inn is headed to trial on charges that he mishandled workers’ compensation and committed insurance fraud.

Sanjiv Kakkar, owner of Brookdale Inn and Spa, is accused of dissuading an employee from seeking workers’ compensation after a work injury, fraud and making false claims. He is charged with two counts of insurance fraud, failure to maintain workers’ compensation insurance and passing off bad checks, according to Kelly Walker, a prosecutor with the Santa Cruz District Attorney’s Office.

Kakkar appeared in court Friday with his attorney, Peter Leeming, to set a date of March 12 for a jury trial. A court date was also scheduled for December for a motion to consolidate the case with a second criminal case involving Kakkar. The latter case involves misdemeanor violations of health and safety codes.

Leeming said he is looking forward to finally taking the case to trial after multiple delays.

For more:  http://www.mercurynews.com/central-coast/ci_19167190

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by | October 20, 2011 · 7:13 pm

Hospitality Industry Guest Room Security: "Mobile Phone Master Key ByPass" Technology Allows Instant "Neutralizing" Of Lost Or Stolen Master Keys

“…when a master key is lost or stolen, each and every lock must be manually re-programmed to ensure that anyone finding the master key cannot open every door in the hotel…”

 Hotel managers have long experienced the logistical and costly hurdles of having to manage the loss of staff master key cards. With the uptake of Mobile Key by OpenWays – the industry’s first and only ubiquitous mobile phone guest front desk bypass method allowing the unlocking of guestroom doors – hoteliers have been quick to realize the additional opportunity to help mobilize their workforce. As a result, OpenWays announces the launch of Mobile Master Key.

Appropriate administration of master keys is critically important for the safe and secure management of any hotel.

With OpenWays Mobile Master Key, neutralizing a lost or stolen master key happens simply with the push of a button. There are no locks to walk to and reprogram. It’s a highly secure and easy process. Since reporting the loss now has limited consequences, staff members are more inclined to immediately report a loss vs. trying to find their plastic card for hours before eventually reporting the loss to hotel security.”

For more: http://www.hospitalitynet.org/news/154000320/4053444.html

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by | October 19, 2011 · 8:20 am

Hospitality Industry Social Media Risks: Hotel Management Must Asses Legal Risks Related To All Advertising Media Including Trademarks, Copyrights, Privacy And Data Security

“…from a risk-management and legal perspective, social media public relations, marketing and advertising efforts frequently present legal risks that are not always fully appreciated either by managers and directors, or those charged at the operations level with implementing the plans…”

The potential legal risks are wide-ranging and cover areas such as trademarks and copyrights, rights of publicity and privacy, data security, labor and employment issues, and the like. They also include compliance with the rules and regulations of state and federal agencies, such as the Federal Trade Commission.

  •  The potential legal risks are wide-ranging and cover areas such as trademarks and copyrights, rights of publicity and privacy, data security, labor and employment issues, and the like.
  • There is no reason not to proactively review the avenues of social media and begin the process of developing guidelines to mitigate risk. 
  • Fundamentally, a significant number of arising issues are no different than they are in traditional advertising mediums and require nothing more than policy tweaking.

For more: http://www.hotelnewsnow.com/Articles.aspx/6715/How-to-manage-legal-risks-of-social-media

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by | October 17, 2011 · 1:22 pm

Hospitality Industry Employee Issues: Florida Hotel Enforces Dress Code And Fires Employee For Wearing "American Flag" Pin Risking Public Backlash

“…Hotel front-desk supervisor Sean May on Thursday was fired from an historic St. Augustine, Fla., hotel for wearing a lapel pin (an American Flag), which breaks the hotel’s “personal appearance” rules that bans the wearing badges and pins…’

But May wasn’t wearing just any pin: It’s an American flag pin, which is why the Casa Monica Hotel’s move is sparking controversy in quaint St. Augustine, Fla.

According to tonight’s story, the hotel’s response has angered many. “The dress code should include a lapel pin for everybody,” Bruce Whalen, who served in the Air Force, told the TV station.

“Anybody who takes a chance on his livelihood to take a stand for patriotism is a hero and should be treated like a hero,” Whalen said.

He’s now calling on friends to boycott the hotel and its parent company.

For more:  http://travel.usatoday.com/hotels/post/2011/10/florida-hotel-fires-employee-for-wearing-us-flag-pin/553847/1?csp=34travel&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+hotelcheckincommunityfeed+%28Hotel+Check-in%3A+A+road+warrior%27s+guide+to+the+lodging+landscape+-+USATODAY.com%29

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by | October 11, 2011 · 10:22 am

Hospitality Industry Employee Application Risks: Video News Report Of South Carolina Hotel That Fired Employee After Police Inquired About "Identification Records"

[youtube=http://www.youtube.com/watch?v=2hGgQUS45LQ]

South Carolina Hotel fired an employee after 15 months when she could not produce required identification.

 

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by | October 10, 2011 · 5:13 am

Hospitality Industry Health And Safety Risks: Utah Hotel Housekeeper Hospitalized After Cart Causes "Bear Spray" Can To Discharge; Hotel Guests Evacuated To Ventilate Building

“…The woman was unable to open her eyes after being exposed to the spray, so she was taken to a hospital, Baldwin said. All guests at the hotel were evacuated for about a half hour while crews ventilated the building…”

A housekeeper was hospitalized Sunday after a can of bear spray discharged in the Marriott Hotel in downtown Salt Lake City. The woman was pushing her housekeeping cart on the 6th floor of the hotel, near 100 South and West Temple, when the cart bumped a can of bear spray that had been left on the floor of the hall.

The can sprayed when it was struck, shooting out a substance that “is like pepper spray, only 10 times stronger,” said Salt Lake City battallion fire chief Clair Baldwin. Investigators were trying to determine why the can was left in the hallway.

For more:  http://www.sltrib.com/sltrib/news/52698974-78/spray-hotel-baldwin-bear.html.csp

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by | October 8, 2011 · 6:12 am

Hospitality Industry Employee Safety Risks: Complaints Filed With OSHA And EEOC Against Colorado Hotel For Firing Housekeeper After She "Complaied About Unsanitary Conditions"

“…A Denver woman says she was fired by Springhill Suites DIA because she complained about the unsanitary conditions at the hotel.“When I asked management to provide housekeepers on my cleaning crew with plastic gloves, I was told the gloves were too expensive,” said Dorothy Barrett-Wilson. “We were cleaning bathroom toilets and floors without gloves, something you don’t even do at home.”

The EEOC will investigate the charges of discrimination filed by Wilson, who says the hotel fired her when she made the complaint to OSHA.

Barrett-Wilson filed complaints with the Colorado Civil Rights Division and OSHA. The complaints also say the crew, which was mainly Hispanic and African, had no radio communication in case of emergencies on the floors.

Wilson also says the housekeepers were also being asked to clean 21 rooms a shift, when the norm is about 12 or 14. She also says workers had to handle dirty towels and linen, some of which had blood on them, with their bare hands.

For more:  http://www.kwgn.com/news/kdvr-feds-investigate-springhill-suites-dia-20111007,0,893504.story

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