Category Archives: Liability

by | July 7, 2012 · 6:59 am

Hospitality Industry Legal Risks: Washington Hotel Owners Agree To Pay $365,000 To Settle EEOC Harassment Lawsuit

Among other incidents cited in the EEOC statement, the general manager threw a stapler at one employee, and told another she was nothing but a welfare mother and should abort her pregnancy.

Two hotel groups have agreed to pay $365,000 to settle a harassment lawsuit brought by the federal Equal Employment Opportunity Commission in connection with the alleged actions of a general manager who worked for two hotels in the state of Washington.

According to a statement issued by the EEOC on Thursday, the unidentified general manager of the Best Western Evergreen Inn in Federal Way, Wash., and the Best Western Tacoma Dome in Tacoma, Wash., “persistently harassed and denigrated women, including those who were minorities and had strong religious beliefs, in violation of the federal law.” Court papers identify the general manager as Syed Ahmed.

The EEOC said female employees were subjected to the constant use of racial slurs and derogatory sex-based and racial comments.

For more:  http://www.businessinsurance.com/article/20120706/NEWS07/120709937?tags=%7C70%7C75%7C303

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by | July 6, 2012 · 6:56 am

Hospitality Industry Crime Risks: Florida Motels To Work With Police To Identify And Avoid Meth Lab Operations In Guest Rooms

At the end of the month … police will have a training program to educate hotels on how to identify potential meth dealers looking for a temporary base to cook. In the last three months there have been three drug lab busts in two Motel 6 locations in Jacksonville.

The problem of meth labs in local motel rooms seems to be growing, but there is a renewed focus on stopping the spread.

Fred Pozin, General Manager of the Ramada in Mandarin, tells WOKV they work directly with the Sheriff’s Office to try and seek out the users.

For more:  http://www.wokv.com/weblogs/morning-news-recap/2012/jul/06/stopping-mobile-meth-labs/

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by | July 5, 2012 · 6:14 am

Hospitality Industry Employment Risks: South Carolina Hotel Settles Sexual Harassment And Retaliation Lawsuit With EEOC For $90,000

“… from at least August 2007 until January 2009, the hotel’s male general manager subjected the women to sexual comments, sexual advances and unwelcome touching. When Tamara Byrd reported the sexual harassment to the defendants’ corporate office, the defendants failed to properly investigate or stop the harassment. The general manager then discharged Byrd. The EEOC contends that Byrd’s discharge was because she refused the general manager’s unwelcome sexual advances and in retaliation for her complaints of sexual harassment to the corporate office…”

The operators and management company of a Holiday Inn Express in Simpsonville, S. C., will pay $90,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced Monday.

The agency had charged that the defendants, Imperial Investments Greenville, Inc. and Imperial Investments Group, Inc., violated federal law by subjecting several female employees to a sexually hostile work environment at the hotel. The lawsuit further charged that one woman was unlawfully fired in retaliation for complaining about the sexual harassment. Such alleged actions violate Title VII of the Civil Rights Act of 1964 which prohibits sex discrimination, including sexual harassment, and retaliation.

According to the EEOC’s suit, the defendants maintained a sexually hostile working environment for Tamara Byrd, Pamela Kral, and Billie Jones. More specifically, the complaint alleged thatIn addition to $90,000 in monetary damages to be split among the harassment victims.

For more:  http://thejobmouse.com/2012/07/05/simpsonville-hotel-to-pay-90000-to-women-subjected-to-sexual-comments-propositions-and-touching-by-male-supervisor/

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by | July 4, 2012 · 1:23 am

Hospitiality Industry Security Risks: Ohio Hotel Employees Accused Of Raping Two Women Guests In Hotel Room

The 44- and 45-year-old women reported being raped by both men after returning to their room from a party. The indictment states that the women were vaginally raped while they were impaired and unable to resist or consent.

A Hampton Inn security guard and a valet are accused of raping two women May 13 in the women’s hotel room. Solomon Baba, 23, of Cleveland, and Kevin Kozieracki, 37, of Middleburg Heights, are charged with rape, kidnapping and burglary.

Baba, the valet, is being held on a $100,000 bond, while Kozieracki, is being held on a $250,000 bond. They are due back in Cuyahoga County Common Pleas Court for a hearing Thursday.

For more:  http://www.cleveland.com/metro/index.ssf/2012/07/hampton_inn_security_guard_and.html

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by | July 3, 2012 · 6:28 am

Hospitality Industry Property Risks: Washington Restaurant Damaged By Early Morning Grease Fire Which Spread Into Vents

“…The restaurant wasn’t open yet…but they likely were getting food ready for their lunch buffet when the fire broke out…Crews had to cut holes in the roof and also attacked the fire from inside…”

A grease fire that spread into the vents of a Kennewick restaurant prompted a large call-out of fire crews Saturday morning.

The building already had been evacuated when the first crews got on scene, but firefighters did do a sweep inside to make sure everyone was out, said Kennewick Fire Capt. Linc Swenson.

Ten units from the Kennewick, Richland and Pasco fire departments and Benton Fire District 1 were dispatched to the restaurant.

Fire crews, however, were able to get the fire contained within 10 minutes, Swenson said. It took another 10 minutes before they were sure flames hadn’t spread into the attic. “It went out with a little bit of water and quite a bit of tenacity,” Swenson said.

The biggest challenge was getting onto the roof, because of the way it’s designed and the power lines on one side of the building, he said. Fire crews were on scene for about two hours. There were no injuries. Most of the damage inside the restaurant was in the kitchen, Swenson aid.

Read more here: http://www.thenewstribune.com/2012/07/01/2202089/kennewick-restaurant-damaged-by.html#storylink=cpy

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by | July 2, 2012 · 7:38 am

Hospitality Industry Employment Risks: Indiana Restaurants Fined For Child Labor Law Violations Involving Break Regulations

If a minor age 14-17 works six or more hours in a shift, an employer is required to give the minor one or two breaks totaling at least 30 minutes. Hour violations occur when a minor works past the legally defined deadline for the minor’s age.

In most cases, minors may not work during school hours, from 7:30 a.m. until 3:30 p.m., on school days. While 16- and 17-year-olds may work during school hours with written permission from the school, there is no such exemption for 14- and 15-year-olds.

Five East Central Indiana restaurants have been fined within the past year for repeat violations of child labor laws.

The Ponderosa Steakhouse in Portland received the biggest penalty, $2,200, after its third violation in a year of break regulations involving minors.The restaurant also was fined $400 for hour violations involving two minors.

Modern child labor laws serve a dual purpose based on their roots in compulsory education, according to the Indiana Department of Labor. The first is to make certain that young people pursue education, and the second is to protect young workers from suffering injury, illness or death in the workplace.

One East Central Indiana employer received a warning for employing a minor in a hazardous/prohibited occupation following a workplace fatality.

The labor department gives employers an opportunity to protest violations within 30 days of being notified of a fine. Several restaurants received warnings for employing minors during school hours but were not fined because it was a first offense.

For more:  http://www.thestarpress.com/article/20120702/NEWS01/307020015

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by | June 30, 2012 · 6:21 am

Hospitality Industry Theft Risks: Florida Hotels And Guests Defrauded By Homeless Man; Watched Guests Leave Room And Claimed He Was That Person

“…He would apparently watch a guest leave then go into the room and claim he’s that person.  Once in the room, police told WFTV Price would call the front desk and say he wanted to extend the stay, sometimes by 10 days…”

“…At the Portofino Bay Hotel at Universal, Price allegedly racked up nearly $9,000 in charges on an Ohio man’s credit card…”

A homeless man spent Friday night in the Orange County Jail.  He was busted after police said he posed as a guest at lavish hotels and went on spending sprees that his victims paid for. David Price has been homeless for the past two years.  On some nights he found shelter at the most lavish hotels in Orange County including The Ritz Carlton, Hard Rock Hotel and Loews Portofino Bay.  He stayed at those hotels on other people’s dime.

A few days ago, police arrested Price after he finagled his way into a room at the Hard Rock Hotel that was previously occupied by a hotel worker.  Security officers knew the employee had already left so they called the police.  Officers apparently found items from other hotels in the room, including The Peabody on International Drive and the Four Seasons in Miami.

For more:  http://www.wftv.com/news/news/local/investigators-homeless-man-arrested-stays-hotels-o/nPjTK/

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by | June 28, 2012 · 6:36 am

Hospitality Industry Health Risks: Oregon Restaurants Fight New Rule Requiring Cooks To Wear Gloves Before Touching Food; Hand-Washing Practices Are Central Concern

“…the Oregon Health Authority’s Foodborne Illness Prevention department said the measure was created to prevent the spread of norovirus, the most common cause of food poisoning. It’s often spread through improper hand washing by employees after they use the bathroom… a 2003 health authority survey in which restaurant inspectors found at least one hand-washing violation at nearly two-thirds of Oregon eateries…”

Oregon restaurant owners and chefs recently earned a small victory, delaying by several months a new state rule that could make dining out more expensive, create waste and, despite its good intentions, do little to protect public health.

The rule, initially set to take effect Sunday, would require cooks to wear gloves or otherwise avoid touching food with their bare hands. But restaurant owners argued the requirement won’t prove safer than the state’s current rigorous hand-washing practices — and the science seems to back them up.

At least a half-dozen recent studies have concluded the same: Counterintuitively, wearing gloves does little to prevent the spread of bacteria compared with effective hand washing. Wearing gloves has been found to reduce the number of times people wash their hands, while warm, moist conditions create a hothouse for bacteria to grow. A 2005 report from the University of Oklahoma Health Sciences Center that analyzed grilled tortillas found more staph, coliform and other harmful bacteria on the samples prepared by workers wearing gloves.

“Gloves lead to a bulletproof-vest feeling,” said Bryan Steelman, owner of the Mexican eatery Por Que No? and among the restaurateurs leading the charge against the new rule. “Cooks think, ‘I have a glove on. I don’t need to wash my hands.'”

For more:  http://www.oregonlive.com/dining/index.ssf/2012/06/oregon_restaurateurs_fight_new.html

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by | June 27, 2012 · 6:28 am

Hospitality Industry Information Risks: Federal Trade Commission (FTC) Sues Hotel Operator Over Guest Account Data Theft That Results In Over $10 Million Of Credit Card Fraud

“… fraudulent charges on Wyndham’s consumer accounts totaled more than $10.6 million following three data breaches in less than two years. The breaches occurred in April 2008, March 2009 and in late 2009…”

The Federal Trade Commission said repeated failures to secure consumer data led to hundreds of thousands of consumers’ payment card information being exported to an Internet domain address registered in Russia.

Wyndham, which operates several hotel brands, including the value-oriented Days Inn and Super 8, is one of a large number of organizations that acknowledged in the past three years that they had been hacked by people seeking either financial gain or intellectual property.

Other victims have included entertainment giant Sony, the International Monetary Fund, Google, Lockheed Martin and Citigroup.

For more: http://www.reuters.com/article/2012/06/27/uk-ftc-wyndham-idUSLNE85Q01Q20120627

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by | June 26, 2012 · 6:16 am

Hospitality Industry Property Risks: Missouri Hotel Fire Causes Significant Exterior, Smoke And Heat Damage To Rooms; Fire Wall And Favorable Winds Spares Structure

“…Firefighters were initially concerned the blaze would spread deep into the hotel, but the unusually heavy-duty firewall and a fortunate south wind spared the brick-faced structure from catastrophic damage…The fire also did significant damage to the exterior of the hotel, and also destroyed the hotel swimming pool’s pumping apparatus…”

Interior demolition and clean-up at the Maryville Comfort Inn Motel, damaged May 19 when an adjoining empty restaurant building was gutted by fire, is nearing completion, paving the way for renovation of four smoke- and heat-damaged rooms later this summer.

Chuck Hetrick, general manager of the hotel, located at the south end of Business 71, said crews were wrapping up removal of smoke-impregnated insulation from the attic above the damaged rooms in preparation for installation of fresh insulation and new sheetrock.

A concrete-block firewall that separates Comfort Inn from what is left of the restaurant is to be torn down, which will allow a north-end interior stairwell to be widened.

Though Comfort Inn has remained in operation in the weeks since the blaze, Hetrick said occupancy is down. In an attempt to let potential customers know the lodge is open for business, a large sign visible from Main Street bears the message, “We are open.”

For more:  http://www.maryvilledailyforum.com/news/x1805322006/Repairs-underway-at-fire-damaged-hotel

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