Category Archives: Labor Issues

Hospitality Industry Employment Issues: Restaurants Increasingly Use “Payroll Debit Cards” To Save Money And Time; Workers Must Be Legally Notified Other Payment Options Exist

For managers, Darden says the cards eliminate two hours of paperwork each pay period. Employees incur no fees if they use their cards at more Hospitality Industry Payroll Debit Cardsthan 40,000 Allpoint ATMs nationwide and make purchases at places that accept Visa cards…They can be a convenient option for workers who don’t have checking accounts, a common situation for many restaurant or retail workers. The National Restaurant Association says 30 percent of industry workers don’t have traditional checking accounts…The Consumer Financial Protection Bureau recently issued a warning to employers that federal law requires other pay options besides debit cards.

In Orlando, companies that swear by the payroll cards include Darden Restaurants, Tony Roma’s, and Smokey Bones Bar & Fire Grill. Nationwide, the number of such cards is expected to more than double in five years to 10.8 million, according to business-research company Aite Group.

The cards save employers money and time. But workers who aren’t careful about where they use the cards can rack up fees, which has put payroll cards under scrutiny. New York’s attorney general is investigating more than 40 companies, including Darden, asking for information about fees and seeking proof that workers know they can receive their pay in other ways.

At Darden, which owns chains including Olive Garden and Red Lobster, new employees automatically are set up to receive debit cards, but they can make a phone call or go online to opt out. Now, 48 percent of Darden’s workers use the debit cards, and 50 percent have direct deposit. Only 2 percent receive traditional checks.

Consumer advocates frown on the automatic signup, saying employees should make the choice upfront. Darden said the cards are more convenient than paper checks, which used to be the automatic payment method.

For more:  http://articles.orlandosentinel.com/2013-10-06/business/os-cfb-cover-payroll-cards-20131006_1_debit-cards-payroll-cards-such-cards

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Filed under Employment Practices Liability, Labor Issues, Liability, Risk Management, Technology

Hospitality Industry Health Insurance: Restaurants That Are “Applicable Large Employers (ALE)” Must Comply With Affordable Care Act “Measurement Period” Beginning November 1; Workers Classified As “Full-Time” If They Work Over 30 Hours Per Week

Across the country, many restaurant operators are being forced to make a difficult choice: Do they hire fewer employees, reduce the hours of Hospitality Industry Health Insurancecurrent employees or raise menu prices? For some, the answer may be a combination of the three. But regardless of the conclusion they reach, there are no easy solutions…And they’ll have to make those decisions quickly, as the notification period begins in a few weeks and soon the Affordable Care Act will require businesses with 50 or more full-time-equivalent employees to offer health coverage to those employees or face significant penalties.

Without changes, the Affordable Care Act will hurt economic growth and make flexible work schedules for employees more limiting to offer.

The irony is that many restaurant owners already offer health coverage to their full-time employees. However, they define a full-time workweek as 40 hours, which is the accepted definition across most industries. Unfortunately, the Affordable Care Act has redefined “full time” employees as those who work an average of 30 hours per week in a given month. This means that restaurants and other businesses that have always operated as small businesses are now considered “large employers” under the law, and therefore are responsible for health care costs that could reach well into the tens of thousands of dollars.

While restaurant jobs are sometimes unfairly described as low-wage, menial work, the industry is one of the few that still allows employees to prove themselves and work their way up. One in every 3 Americans have worked in a restaurant at some point in their life, and many who work in restaurants chose to do so because of the flexibility in scheduling the industry offers.

This is an industry that accommodates part-time and full-time opportunities. It’s also an industry where people can begin their careers and work life with minimal experience, and learn not only about hospitality and service but also finance, advertising and other business and leadership skills.

Unfortunately, if the Affordable Care Act takes effect in its current form and redefines the full-time workweek as 30 hours, those opportunities could be significantly limited. It very likely means fewer hours for part-time employees and a more rigid scheduling structure.

For more: http://www.rollcall.com/news/obamacares_acute_affliction_on_restaurant_industry_commentary-228092-1.html

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

P3 Hospitality Industry Risk Report: “Hospitality Hoaxes And Scams” By Petra Risk Solutions’ Director Of Risk Management Todd Seiders, CLSD

[vimeo http://vimeo.com/52048409]

P3Petra Risk Solutions’ Director Of Risk Management, Todd Seiders, CLSD , offers a P3 Hospitality Risk Update – ‘Hospitality Hoaxes And Scams’.

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

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

Hospitality Industry Legal Risks: Illinois Hotel Sued For Violating “Americans With Disabilities Act (ADA)” By Firing Employee In Need Of Small Oxygen Tank; Obligation To Work With, Accomodate Her Disability

“… the 51-year-old (woman) filed a federal lawsuit alleging that the Paddle Wheel Inn violated the Americans with Disabilities Act by dismissing Hospitality Industry ADA Lawsuitsher without attempting to accommodate her need for a small oxygen tank…The lawsuit also alleged that earlier this year the inn fired Colvin’s daughter, who also worked at the hotel as a desk clerk, just one day after the Equal Employment Opportunity Commission substantiated Colvin’s claim of discrimination…Barry Taylor, Colvin’s attorney, said that under federal law the inn had an obligation to work with Colvin on a reasonable accommodation for her disability and should not have jumped to any conclusions about whether she would be able to perform her duties…”

Donna Colvin loved her job as the overnight desk clerk at the Paddle Wheel Inn, especially the quiet hours spent tidying the lobby and laying out the morning’s continental breakfast while guests were still fast asleep.

Even when respiratory ailments briefly sidelined her two years ago, Colvin was determined to keep working at the charming inn, situated on the banks of the Rock River about 90 miles west of Chicago. Heeding her doctor’s advice, Colvin informed the inn’s manager that she would have to be on oxygen while she worked. The next day, she learned by letter that she had been fired.

The suit contended the inn lied in its dismissal letter by telling Colvin she was being let go because she had failed to cover her shifts during several brief stints in the hospital.

“To assume that someone, just because they’re using oxygen, would be bad for business is really a knee-jerk reaction that is unwarranted,” said Taylor, an attorney for Equip for Equality, a disability rights legal advocacy organization based in Chicago.

For more:  http://www.chicagotribune.com/news/local/ct-met-disabilities-lawsuit-20131004,0,2456004.story

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

Hospitality Industry Theft Risks: Louisiana Hotel Employee Arrested For Stealing Over $34,000 From “Night Deposits”; Altered “Drop Log” And Inflated “Reward Point System”

“…As a controller at the hotel, (the employee) had been responsible for removing and verifying nightly deposits cashiers made into the Hotel Employee Theftsafe. His duties included checking these funds against a corresponding drop log and hotel records…A total of 97 deposits were found to be missing $34,280.53, according to an arrest warrant…to further conceal the scheme, (he) also is accused of falsely inflating the hotel’s reward point system, a program that allows guests to redeem points for services…”

An employee at the Renaissance hotel in Baton Rouge is accused of stealing more than $34,000 from hotel safe deposits and altering financial records to cover his tracks, according to court records. East Baton Rouge Parish sheriff’s deputies issued an arrest warrant for Matthew D. Dziadosz, 38, 8741 Pecan Tree Drive, on one count of felony theft. Detectives began an inquiry in June after an internal audit turned up discrepancies in the hotel’s deposits and accounting records.

“It was noted that varying amounts of cash were systematically removed from the daily dropped envelopes,” Detective Kevin Chenier wrote in the warrant.

Hotel records showed more than three dozen instances in which drop log entries had been altered and another 12 entries omitted entirely.

“This would have given the impression the employee had not dropped an envelope at all,” Chenier wrote.

In some instances, Dziadosz re-wrote an entire drop log, the warrant says. He had been expected to document erroneous or missing deposits, the warrant says, but made no reports “consistent with the volume of falsely reported errors or missing drops.”

For more:  http://theadvocate.com/news/7199061-123/hotel-employee-accused-of-pocketing

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

Hospitality Industry Health Risks: Restaurants Must Make Food Safety A “Core Value”; Lack Of “Hand Washing, Food Holding Temperature Controls” Remain Biggest Risk To Customers

“…Hand washing and proper holding temperatures — the basics of food safety — have not changed in 30 years, said Moore of Eat’n Restaurant Kitchen Health RisksPark. The key is keeping the message fresh so that employees pay attention…with a workforce largely under the age of 25, employers need to make sure their messages are quick and easy to grasp. Moore said he relies on lots of colorful visuals, and customized posters, comics, video clips featuring celebrities, games like Pandemic 2, and stuffed-animal germs and microbes are among his favorites…”

Food safety “needs to be part of your core values,” William Moore, director of safety and security for Eat’n Park Hospitality Inc., the Homestead, Pa.-based parent of the 75-unit Eat’n Park family-dining chain, said during his keynote speech. “If it’s not in your core values, your mission statement, then it’s not a priority.”

The symposium occurred against the backdrop of a Cyclospora outbreak that had sickened 642 people in 25 states, leading to 45 hospitalizations but no deaths, throughout the summer. The cause of the outbreak was still under investigation at press time, although a salad mix from Taylor Farms de Mexico served at Darden Restaurants Inc. in two states had been implicated in about 240 of the illnesses.

Tugging at the heartstrings doesn’t hurt either, said several attendees. Al Baroudi, Ph.D., vice president, quality assurance and food safety for The Cheesecake Factory Inc., the Calabasas Hills, Calif.-based operator of 175 upscale casual-dining restaurants, shows his audiences an image of the hundreds of children and adults that have died during foodborne illness outbreaks to drive home the point that lives are stake.

For more:  http://nrn.com/food-safety/7-steps-ensuring-restaurant-food-safety?page=2

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Filed under Food Illnesses, Guest Issues, Health, Labor Issues, Liability, Risk Management, Training

Hospitality Industry Employment Risks: New York Restaurant Settles “Sexual Harassment” Lawsuit For $35,000; Seven Female Workers Subjected To Groping, Explicit Propositions And Lewd Remarks

“…The EEOC’s lawsuit charged that Angelo’s owners subjected seven female employees to sexual harassment from January 2005 through September 2012.  Angelo’s Pizza was purchased by Kefalas in September 2012…in January 2013, Kefalas was added to the lawsuit as a successor EEOCemployer…According to the seven harassment victims, Angelo’s owners, Kostantinos Raptis, Nikolaos Raptis and Andrew Xenos, groped their breasts and buttocks and made sexually explicit propositions and comments, including requests for sexual acts and other lewd remarks…The EEOC further alleged that Kefalas fired two of the women in retaliation for complaining about the sexual harassment…”

Angelo’s Pizza and Grill, Inc. and Kefalas Enterprises, Inc., the former and current owners of Angelo’s Pizza and Grill, a full-service family restaurant located in upstate New York, will pay seven women $35,000.00 to settle a sexual harassment lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

For example, one of the owners would hold a cucumber or orange traffic cone between his legs and simulate sex.  Another forced a female employee into a back storage room, where he shut the door, turned off the lights, touched her breasts and fondled her.  Angelo’s owners also routinely made comments about oral sex and body parts.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964.  The EEOC filed suit, EEOC v. Angelo’s Pizza & Grill, Inc., and Kefalas Enterprises, Inc., 8:11-cv-01043 (NAM) (RFT), in U.S. District Court for the Northern District of New York in August 2011 after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.

Although Kostantinos and Nikolaos Raptis and Andrew Xenos, the original owners of Angelo’s Pizza, are no longer involved in the restaurant, both Angelo’s and Kefalas will be bound by a three-year consent decree settling the suit.  The decree, in addition to the $35,000 monetary relief, enjoins Angelo’s, its principals and any future businesses it may purchase or operate and Kefalas from engaging in future sexual harassment or retaliation.   Kefalas must also put mechanisms in place to protect any future employees from sexual harassment and retaliation.  The decree has been approved by Federal District Court Judge Norman A. Mordue.

“These women were subjected to especially crude and unacceptable conduct,” said EEOC New York District Director Kevin Berry.  “The EEOC will not stop aggressively pursuing remedies for victims of sexual harassment in the workplace.”

EEOC Senior Trial Attorney Judith Biltekoff added, “The victims in this case have shown great strength in standing up to right the wrongs perpetrated against them by their former employer.  They live and work in a small town in upstate New York where jobs are at a premium.  It took courage to come forward at the risk of losing their jobs.  We are pleased that they will be compensated and that future harassment will be prevented.”

EEOC enforces federal laws prohibiting employment discrimination.  Further information about the commission is available on its website at www.eeoc.gov.  The Buffalo Local Office is part of EEOC’s New York District Office which oversees New York, New England and portions of New Jersey.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/9-27-13a.cfm

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

Hospitality Industry Crime Risks: New Jersey Hotel Employee Arrested For Stealing “Wedding Reception Cash”; Used Freight Elevator To Avoid Surveillance Cameras And Enter Rooms

“…(the former employee), who was hired in May, apparently slipped up through the freight elevator so that he wouldn’t be detected by hotel Hospitality Industry Employee Crimesurveillance cameras and then used a swipe card to get into unoccupied newlywed suites…$770 was taken (in one incident) and for another on Saturday, when a couple said $500 was stolen…”

A since-fired bell hop at the Saddle Brook Marriott was arrested by local police last night and charged with slipping into the rooms of newlyweds at their receptions and snatching some of their wedding-gift cash.

Timothy Henriquez, 30, of Chester, NY, is charged with two counts of theft — for a July incident in which $770 was taken and for another on Saturday, when a couple said $500 was stolen. He was released on a summons pending a Municipal Court hearing, police said.

“Upon learning of his arrest, Marriott terminated his employment,” Saddle Brook Police Chief Robert Kugler said.

For more: http://cliffviewpilot.com/saddle-brook-police-charge-hotel-employee-with-thefts-from-newlyweds-rooms/

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

P3 Hospitality Industry Risk Report: “New I-9 Documents” By Petra Risk Solutions’ Director Of Human Resources Sharyn Maldonado, PHR

[vimeo http://vimeo.com/69501224]

P3Petra Risk Solutions’ Director Of  Human Resources, Sharyn Maldonado, PHR , offers a P3 Hospitality Risk Update – ‘New I-9 Documents’.

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

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

Hospitality Industry HazMat Risks: South Carolina Hotel Guests Evacuated, Hospitalized After Exposure To Pool Chemical Fumes; Employee Accidently Mixes Muriatic Acid And Chlorine

“…The area where the chemicals were mixed (was) isolated…one of the two chemicals was muriatic acid (and) the other chemical was Hotel Pool Chemical HazMat Riskschlorine (that) were mixed by an employee of the hotel by accident, creating the strong fumes that affected the employees and guests…One of the 12 transported by EMS was an employee of the hotel, but the other eleven were guests. An additional six people were treated at the hotel, but did not require further medical attention…”

The overnight nursing supervisor at Grand Strand Regional Medical Center confirmed all 14 patients who were being Hazardous Materials Teamtreated for respiratory issues following an accidental chemical mixture have been discharged from the hospital. Bob Derr, a Battalion Chief with the City of Myrtle Beach Fire Department confirmed the Hazmat situation was reported after two chemicals were mixed together in the pool maintenance area under the hotel the Landmark Resort at 1501 South Ocean Boulevard, affecting both guests and employees.

Twelve people have been taken to Grand Strand Regional Medical Center by EMS, and two more drove themselves. All 14 were presenting respiratory issues. Battalion Chief Derr suggested more guests could be transported if they started to show signs of respiratory distress.

Crews did not evacuate the hotel completely. The lower floors were cleared as a precaution.

For more:  http://www.wistv.com/story/23509101/crews-respond-to

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Filed under Guest Issues, Health, Injuries, Labor Issues, Liability, Management And Ownership, Pool And Spa, Risk Management, Training