Category Archives: Liability

Hospitality Industry Legal Risks: Kansas Hotel Group Pays Fired Worker $22,000 In Back Pay And Damages; Filed “Whistleblower Complaint” After Raising Workplace Safety Issues

“…every employee has the right to raise workplace safety and health concerns without fear of retaliation or termination,” said Marthe Kent, OSHA’s New England regional administrator. “When employees are fearful or reluctant to raise these issues with their employers, hazardous conditions could go undetected until employees are injured or sickened…”

http://www.whistleblowers.gov/

http://www.whistleblowers.gov/

“…True North will immediately post the whistleblower fact sheet and OSHA poster, in English and Spanish, in conspicuous locations at all of its work premises nationwide, where they can be seen and read by all employees. It will also provide annual training on whistleblower rights and employer responsibilities to all managers and supervisors and provide training materials to all newly hired or promoted managers.”

As part of an enterprise wide settlement agreement with the U.S. Department of Labor, True North Hotel Group Inc., a hotel management company based in Overland Park, Kan., will pay $22,225 in back wages and compensatory damages to a former employee who was terminated from a Massachusetts location after raising workplace safety concerns. The company will also educate all its managers and notify its employees nationwide about workers’ whistleblower rights under the Occupational Safety and Health Act as administered by the Occupational Safety and Health Administration (OSHA).

As the story goes, a worker at True North’s Devens Conference Center in Massachusetts was subjected to disciplinary action and then terminated in October 2011 after notifying superiors about safety concerns.

The worker then filed a whistleblower complaint with OSHA, which investigated and found merit to the complaint. True North has elected to settle the matter by taking corrective action.

For more:  http://www.workerscompensation.com/compnewsnetwork/workers-comp-blogwire/17206-hotel-management-co-settles-on-worker-safety-concerns.html

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

Hospitality Industry Crime Risks: New York Restaurant Employees Arrested For Identity Theft; Skimming Device Used To Steal 30 Customer Credit Cards

“…four (employees) were arrested…(and) found to have outstanding federal warrants for deportation and turned over to the Department of Hospitality Industry Identity TheftHomeland Security…Heng Li, 27 of Brooklyn had a credit card skimming device and a counterfeit Michigan ID card.  He was charged with possession of a forged instrument, scheme to defraud, unlawful possession of a skimmer device and unlawful possession of personal identification information, it is also believed he is in this country illegally…”

The Bethlehem Police Department raided the Golden Town Buffet Monday morning in connection with an identity theft investigation.  The restaurant is located at 385 Route 9W in Glenmont.

According to the department, customers credit card and debit card information was compromised after they ate at the restaurant sometime between June 14th and August 5th.  Bethlehem Police are asking anyone who used their card at the restaurant during that time frame to check their bank statements and immediately report any fraudulent transactions to their respective bank and local law enforcement agency as soon as possible.

The Bethlehem Police are being assisted in this investigation by the Albany Police, Colonie Police, New York State Police New Scotland, New York State Police Clifton Park, East Greenbush Police, US Secret Service and Department of Homeland Security.

Li was arraigned in the Town of Bethlehem Justice Court on Monday evening and remanded to the Albany County Jail without bail.  He is due back in court on Thursday.

For more:  http://www.cbs6albany.com/news/features/top-story/stories/police-golden-town-buffet-customers-credit-debit-card-information-stolen-10092.shtml

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Filed under Crime, Guest Issues, Labor Issues, Liability, Risk Management, Technology, Theft

Hospitality Industry Safety Solutions: Hotels Must Increase “Value-Added Security Services” For Female Guests; $125 Billion Spent By Women On Travel

“…Women-young, old, single, married, widowed and gutsy are fueling an explosive growth in the travel industry. Estimates are that women will Hotel Safety Concerns For Female Travelersspend some $125 billion on travel in the next year.” With such staggering projected growth, it is exponentially beneficial for hotels to cater specifically to this market. More importantly, catering to this trend is necessary to remain competitive in the market, and a quintessential underlying value of all lodging establishments: safety for its guests with special attention to female travelers…”

Here are several security tips for hoteliers that will be perceived as value-added and appreciated services by female travelers. These suggestions from a hotel expert prospective to bolster the security for female guests include:

  • When female guests are checking into the hotel, the front desk staff should not call out her name or room number as a precaution.
  • Bellhops and front desk staff should be encouraged to be honest with the female guests about night travel alone. In any case the guest insists on leaving, the hotel should provide them with access to reliable transportation service that is trusted by the hotel agency.
  • Hoteliers should suggest rooms that are closer to the elevators to prevent women from walking down long halls or corridors. Women should be given rooms that are not on the first floor with a window or sliding glass door.
  • Place a card in each guest’s room with safety tips, like “Never place your room key card down unattended. If you do notice that the card is missing, you should contact the front desk immediately.” This is a very inexpensive way to inform women travelers that the hotel is focused on their security.
  • For the safety of your establishment, discourage employees from fraternizing with guests. This opens a huge door for liability lawsuits, and it is just not professional.
  • If the hotel doesn’t have valet service, female guests should be escorted to their vehicle, especially at night. The kind gesture will be appreciated and offer the female guest an added level of security. Additionally, it will add a significant amount of value to her stay with the hotel.
  • When a female guest checks-in, the bellhop should perform a brief security check of the room with the female guest standing in the doorway or where she feels comfortable. This quick check includes testing the windows to make sure they are locked and an explanation of the emergency exits and how to contact the hotel staff for help.

For more:  http://www.expertclick.com/NRWire/Releasedetails.aspx?id=46609

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Filed under Guest Issues, Insurance, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Health Risks: Texas Restaurant Sued By Customer Claiming Sickness From “Cyclospora”; Parasite Traced To Tainted Salad Mix

“…According to her lawsuit, (the plaintiff) dined at an Olive Garden restaurant in Addison, Texas on July 1 and suffered nausea, fatigue and Restaurant Cyclospora Outbreaksdiarrhea a few days later. Tests confirmed that her gastroenteritis was caused by cyclospora, the lawsuit states…Cyclospora is a single-celled parasite that attacks the small intestine, causing diarrhea, loss of appetite, weight loss, stomach cramps, bloating, gas, nausea and fatigue, health officials said…”

A Dallas woman is suing Darden Restaurants, claiming she became sick with the rare parasite cyclospora after she ate at an Olive Garden restaurant.

Suzanne Matteis contracted the severe gastrointestinal sickness in July and tested positive for the parasite, said her attorney, Ryan Osterholm. Nationwide, there are at least 378 confirmed cases of illness from cyclospora in 16 states since mid-June.

On Friday, the U.S. Food and Drug Administration announced that cyclospora cases in Iowa and Nebraska have been traced to a tainted salad mix supplied by Taylor Farms de Mexico to Olive Garden and Red Lobster restaurants in those states. Both restaurant chains are owned by Darden Corporation.

For more: http://www.orlandosentinel.com/news/local/breakingnews/os-salad-darden-cyclospora-lawsuit-20130803,0,4967942.story

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Filed under Food Illnesses, Guest Issues, Health, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Missouri Restaurant Owes Six “Undocumented Alien Workers” $450,000 In Back Pay And Penalties; Court Rules “Federal Labor Law Trumps Federal Immigration Law”

“…The court held that “aliens, authorized to work or not, may recover unpaid and underpaid wages” under rights granted by the Fair Labor Hospitality Industry Wage Violation LawsuitsStandards Act…The appellate judges said that “numerous district courts, including the one in this case, and the secretary of labor all agree: Employers who unlawfully hire unauthorized aliens must otherwise comply with federal employment laws…”

In a case that pit U.S. labor law against immigration law, a panel of federal appellate judges has ruled that six undocumented workers are owed about $450,000 in back pay and penalties for uncompensated work at a Kansas City restaurant — the popular Jerusalem Cafe in Westport. The 8th Circuit U.S. Court of Appeals said this week that federal labor law trumped federal immigration law in this instance.

The court ruled that a former owner and former manager of Jerusalem Cafe could not argue that the workers were in the United States illegally and therefore lacked standing to sue for unpaid wages.

That argument, the appellate panel said, is akin to saying that Al Capone couldn’t have been prosecuted for tax evasion because his earnings were illegally made. (The infamous mobster was jailed on such charges.)

The lawsuit said five of the six workers had each worked 77 hours a week at the restaurant. It said the workers were known to lack official work authorizations and were paid in cash on a weekly basis.

The case attracted national attention, prompting the U.S. secretary of labor to file a brief on behalf of six workers who were employed at the restaurant in the period spanning 2007 to 2010.

Read more here: http://www.kansascity.com/2013/08/01/4383369/court-says-undocumented-workers.html#storylink=cpy

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

Hospitality Industry Legal Risks: New Jersey Restaurant Group Fined $500,000 For “Substituting And Selling Cheap Liquor For Premium Brands”

“…The fine includes $400,000 for the violations and $100,000 to cover investigative costs…at one of the 29 businesses, a mixture that included rubbing alcohol and caramel coloring was sold as scotch. In another, premium liquor bottles were refilled with water that was not even clean. Restaurant Liquor Sales Liability 1The state never identified which restaurants or bars those were…The franchisee also faces a lawsuit in state court by two women who claim Briad had instituted a uniform policy to substitute cut-rate liquor for premium brands for during at least a year, in violation of the New Jersey Consumer Fraud Act. It seeks reimbursement for all customer losses and punitive damages of three times the price of each drink…”

An operator of TGI Fridays restaurants in New Jersey has agreed to pay a $500,000 fine for serving customers cheap booze when they paid for top shelf. Acting Attorney General John Hoffman said Wednesday that the fine levied against Livingston-based Briad Group, as a result of an investigation dubbed Operation Swill, should send a message to every bar and restaurant in the state that customers should always get what they pay for.

Under terms of the settlement, Briad agreed not to contest charges that eight of its restaurants were selling customers cheap substitutes in place of premium alcohol. It also agreed to employ a state-appointed monitor through June 14 to ensure its restaurants and employees are in compliance.

As long as there are no further violations during that period, the businesses will avoid five-day suspensions of their liquor licenses, the attorney general said.

For more:  http://www.bostonglobe.com/business/2013/07/31/tgi-fridays-fined-for-switching-liquor/tFC5CnrWxLByqT35hxVI6J/story.html

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Filed under Guest Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Crime Risks: Florida Hotel Manager Charged With Stealing Over $42,000; Diverted Company Charges To Personal Account

“…According to court documents, (the defendant) ran a scheme in which she made various charges from the company account into six of her Hotel Employee Theftpersonal accounts…part of her duties included checking guests into the hotel and processing cash and credit card payments…from early 2009 to late 2010, authorities say she diverted $42,954.32 from the company account…”

A former employee of a Tallahassee hotel is facing charges she stole more than $42,000 from the business by diverting money onto personal credit cards. Chyrell Martin, 33, a former front desk clerk and manager at the Collegiate Village Inn was booked into Leon County jail on Monday. Martin, of Georgia, is facing charges of grand theft and fraud to obtain property.

Martin, who worked as a manager at the hotel from 2005 to 2010, resigned suddenly in Oct. 2010 after the investigation into the irregularities on the company account began, according to court documents.

She is currently in Leon County jail.

For more:  http://www.tallahassee.com/article/20130730/NEWS/130730007/

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

Hospitality Industry Legal Risks: New York Hotel Sued By Employee For “Sexual Harassment” And Physical Abuse; Managers Failed To Intervene

“…(the plaintiff) claims she was the target of unwanted  physical contact and verbal abuse by multiple male co-workers…she contends that when Hospitality Industry Harassment Lawsuitsshe complained, her supervisor did nothing, but her  co-workers became vindictive…”

A kitchen worker has slapped the Grand Hyatt New York with a lawsuit,  claiming managers of the luxury hotel looked the other way while frisky male  co-workers made her work life a living hell. She said one co-worker threatened to hire a hit man to kill her and another  vowed to “beat her up” if they lost their jobs because she complained.

Her lawsuit in Manhattan Supreme Court, filed Monday, also names her union,  the New York Hotel & Motel Trades Council, as a defendant for failing to  intervene on her behalf.

Her lawsuit names a sous chef who she says walked up behind her and unsnapped  her bra, and another colleague who allegedly walked up behind her and put his  hands in her pants.

Read more: http://www.nydailynews.com/new-york/kitchen-worker-sues-grand-hyatt-claiming-sexual-harassment-article-1.1412285#ixzz2aXUxTPs4

Read more: http://www.nydailynews.com/new-york/kitchen-worker-sues-grand-hyatt-claiming-sexual-harassment-article-1.1412285#ixzz2aXUZmaxJ

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

Hospitality Industry Safety Risks: Ohio Hotel Sued For “Negligence” By Family Of Security Guard Stabbed To Death By Homeless Man; “Unlocked Outside Stairwell Doors” Posed Safety Threat

“…(the suit claims) the  hotel was obligated to provide a safe place for its employees to work, (but) the outside stairwell doors were left unlocked as Hotel Wrongful Death Lawsuitspart of hotel  policy…the suit claims the  hotel’s employees routinely left exit doors to the stairwells unlocked from the  outside, and the family’s attorney said this allowed the homeless (man) to come inside and sleep…the  safety threat posed by the unlocked doors was foreseeable and should have been  prevented…”

The family of a security guard who was stabbed to death while on duty has sued  the hotel where he worked. Richard Campbell was  stabbed to death on his 58th birthday, Dec. 7, when he confronted a man in the  stairwell of the Hilton Netherland Plaza in downtown Cincinnati. Joseph Tucker pleaded  guilty last month to one count of murder in the slaying and was sentenced to 15  years to life in prison.

Tucker said he was high on  marijuana and drunk at the time, and he said he’s not sure why he stabbed  Campbell. Police said Tucker was in  the process of stealing something when the security guard confronted  him. Campbell’s brothers and  sisters filed a lawsuit Tuesday in Hamilton County Common Pleas Court, claiming  the hotel was negligent.

Read more: http://www.wlwt.com/news/local-news/cincinnati/family-of-slain-security-guard-sues-hotel/-/13549970/21181176/-/qbalbyz/-/index.html#ixzz2aLjd0nBP

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Filed under Crime, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Maintenance

Hospitality Industry Legal Risks: Texas Restaurant Sued For $1 Million By Customer Who “Slipped And Fell On Peanut Shells” On The Floor; Claims “Unreasonably Dangerous Condition”

“…The lawsuit states that (the plaintiff) slipped and fell in the restaurant on March 19, and that the restaurant and employees knew or should Hospitality Industry Injury Lawsuitshave known that the peanut shells on the floor created an unreasonably dangerous condition…(she) is suing for damages for physical pain, mental anguish, physical impairment, medical expenses, lost wages, loss of earning capacity and court costs…”

A Harlingen woman is seeking $1 million after she claims she slipped and fell on peanut shells on the floor of a local restaurant. Amelia Tijerina has filed a civil lawsuit arguing that Texas RoadHouse Inc. is responsible for the peanut shells on the restaurant’s floor. RoadHouse has denied Tijerina’s allegations and demands proof.

Tijerina sued the restaurant in state district court, but Texas RoadHouse moved the lawsuit to federal court, according to court records.

She also maintains that the restaurant or employees should have warned her about the peanut shells or should have removed them.

She is presented by Attorney Salvador Garcia and Jorge A. Green with The Green Law Firm of Brownsville.

Attorneys Karl W. Koen, Robert J. Collins, and Rachel R. Vulpitta of Gauntt, Earl, Binney & Koen, LLP of Dallas, who represent Texas RoadHouse, contend that it was Tijerina’s own actions or omissions that caused or contributed to her injury.

For more:  http://www.valleymorningstar.com/news/local_news/article_3296dd56-f669-11e2-a706-0019bb30f31a.html

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