Category Archives: Management And Ownership

Hospitality Industry Legal Risks: Hotels And Restaurants Hopeful Of “Patent Troll Litigation” Relief As Congress Begins Consideration Of H.R. 3309 (The Innovation Act) On December 5

“…(Patent Troll Litigation) threaten(s) litigation if (businesses) don’t pay a licensing fee for their alleged patented technology, but their demands Hospitality Industry Patent Litigationare so obscure that it is virtually impossible to determine the validity of the patent claims, or even whether they own the patent in question. When we receive a patent assertion claim, it typically comes in the form of a letter demanding that we pay licensing fees or be taken to court…expenses include the costs associated with hiring outside counsel. In the past two years, our legal costs associated with patent trolls have increased from one-quarter of one percent to nearly twenty percent of our total legal costs…”

H.R. 3309 (The Innovation Act) requires a party alleging patent infringinement to disclose more information than is currently required in its initial pleadings.  Speficially, the bill requires a claimaint to identify the patents and claims that are allegedly infringed; and to specify how they are being infringed.

White Castle first opened our doors in Columbus in 1921. Today, our nearly 10,000 team members working in 406 restaurant locations across 12 states deliver the “Taste America Craves.” We remain a family owned business committed to our customers and our communities.  Our success has been driven by the principle that good business, great food and responsible citizenship should all go together.

The restaurant industry, with nearly one million locations, is an incredibly competitive industry. We are constantly seeking new ways to provide additional value to our customers and keep them coming back to our restaurants. This includes our online ordering applications to searching for your nearest white castle location on your mobile device.

Unfortunately, there is a rising threat to White Castle and many other companies interested in providing our customers with the experience they want…it’s called a “patent troll.”  Now, as you can assume by the name, these patent trolls aren’t your legitimate patent holders or small inventors.  These are entities that are created to exploit ambiguities in the patent system to make money off of Main Street businesses.

For more:  http://thehill.com/blogs/congress-blog/technology/192101-patent-trolls-are-gobbling-up-restaurant-innovation

http://www.gop.gov/bill/113/1/hr3309

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Filed under Insurance, Liability, Management And Ownership, Risk Management, Technology

Hospitality Law Insider: Managing The Risks Of “Bedbugs” By Stephen Barth Of HospitalityLawyer.com (Video)

HospitalityLawyer.com Education Partner II

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

Hospitality Industry Legal Risks: Pennsylvania Restaurant Sued By Worker For “Religious Discrimination”; Claims New Manager Reduced Hours, Created Hostile Work Environment

“…At the start of her employment, (the plaintiff) informed the defendant that she could not work on Thursdays and Sundays due to her religious Hospitality Industry Discrimination Lawsuitsbeliefs…In June 2011, after a woman identified as Aretha Foster became the plaintiff’s store manager, Matthews had her hours reduced to 15 a week from 35…The complaint alleges that Foster also subjected the plaintiff to an increasingly hostile work environment, that the supervisor would deny Matthews her breaks, and that the woman would verbally abuse the plaintiff in front of other staff members…”

A Jehovah’s Witness from southeastern Pennsylvania is suing a Louisiana-based restaurant over allegations that the company discriminated against her because of her religion. Jonna Matthews, who currently resides in Pottstown, Montgomery County, filed suit at the U.S. District Court in Philadelphia on Nov. 26 against America’s Pizza Co. over the allegedly discriminatory treatment she received at the hands of the defendant while she was employed as a customer service representative beginning in early February 2011.

The plaintiff, however, maintains that she never asked for the reduction in hours and was still available to work Mondays, Tuesdays, Wednesdays, Fridays and Saturdays. The defendant stands accused of violating Title VII of the Civil Rights Act, which bars discrimination on the basis of religion.

“Plaintiff suffered adverse job actions, including, but not limited to, disciplines, denials of various opportunities, and termination,” the suit states.

For more:  http://pennrecord.com/news/12247-montco-woman-sues-louisiana-restaurant-over-religious-discrimination

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

Hospitality Industry Technology Solutions: “Top 5 Trends In Hotel Technology” Feature Importance Of “Electronic Device Support” And “Real-Time Online Pricing & Reservations”

Top 5 Trends

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by | December 1, 2013 · 9:35 am

Hospitality Industry Employment Solutions: “Gratuity Guide” Released By American Hotel & Lodging Association

Gratuity Guide_R2(1)-page-001

http://www.ahla.com/

2 Comments

by | November 27, 2013 · 9:36 am

Hospitality Industry Legal Risks: Louisiana Restaurant Sued By Disabled Customer Injured By Heavy Door; “No Assisted Open Device, Proper Signage”

“..(the plaintiff) went to open the heavy door leading to the restroom (and) when it swung back, (it) scraped her left leg, knocked her walker out Hospitality Industry Injury Lawsuitsfrom under her and caused her to fall to the ground. The plaintiff asserts she was injured in the fall…The defendant is accused of not providing an assisted open device on the door, failing to provide signage notifying her the door was heavy and failing to act as a reasonable person…”

A disabled customer who alleges she was injured in a fall while trying to open a door at a local restaurant is suing. Rosalie Miller filed suit against Johnny Trauth’s Seafood Bistro LLC in the 24th Judicial District Court on Nov. 4.

Miller claims she was a customer at Johnny Trauth’s Seafood Bistro located at 2121 25th St. in Kenner.  An unspecified amount in damages is sought for severe injuries, pain and suffering and permanent disability.

For more:  http://citizensvoice.com/news/lawsuit-edwardsville-man-finds-cockroach-inside-chicken-mcnugget-1.1591419

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

Hospitality Industry Technology Solutions: Hotels Increase Collection Of Guest Information With Social Media & Surveys To “Upgrade The Experience”

“…Like other luxury hotels, the Peninsula collects a cache of information about its customers, which is stored in a guest-preference database. Hotel Technology SolutionsBut it’s done with only one purpose: to upgrade the experience. It contains information about your favorite food, your preferred room and what side of the bed you sleep on…Experts will tell you it’s unfair to compare a hotel with a few hundred guests with a chain with tens of thousands. Maybe, maybe not. La Quinta Inn & Suites recently used a feedback-management platform to harvest information through social media and surveys to determine what guests thought of its breakfasts, which are included in the price of their stay…”

Airlines, car rental companies and hotels ought to spy on their customers more often. Collecting information about you to improve customer service — and only for that purpose — could return the American travel business to greatness.

That’s no coincidence, says Offer  Nissenbaum, managing director of the Peninsula Beverly Hills. “If you collect all the little details,” says Nissenbaum, “you can meet and exceed a guest’s expectations.”

Actually, figuring out which side of the bed you sleep on seems to be one of the hottest data points in the hotel business. The Ritz-Carlton, which also delivers  above-and-beyond service, notes your preferred side, says spokeswoman Allison Sitch. Why? Because that’s  where the staff will place a water bottle and other amenities, which means a lot when you roll out of bed in the morning.

The volume of data being collected by luxury hotel chains such as Ritz-Carlton or Peninsula might make an NSA agent blush. But the hotels gather it unapologetically, “as long as the data is being used to make the customer happy,” says Sitch.

The insights were sent directly to front-line employees and managers  for their feedback. La Quinta responded by adding signs and more prominently displaying the healthy foods they already offered, and customer approval rose.

For more:  http://www.usatoday.com/story/travel/2013/11/24/airline-car-rental-hotel-traveler-surveillance/3692017/

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

Hospitality Industry Employment Risks: Hawaii Restaurant Settles EEOC “Sexual Harassment And Retaliation” Lawsuit For $350,000; Young Female Workers Assigned Less Favorable Shifts

“…The federal agency filed suit in 2011, later amending its complaint to charge that at least 10 female staffers were sexually harassed by several male employees, Equal Employment Opportunity Commissionincluding managers…The agency further alleged that some employees were subjected to retaliation after complaining about the alleged harassment. The EEOC also alleged that the women were also treated less favorably than men in the workplace: they were passed over for promotions, assigned less favorable shifts and earned less than their male counterparts…”

La Rana Hawaii, LLC, doing business as Señor Frog’s, a popular Mexican-themed restaurant and bar in Honolulu, will pay $350,000 to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of 13 female employees who were allegedly sexually harassed or retaliated against between 2007 and 2012, the federal agency announced today.

The EEOC alleged that the managers subjected employees to sexual comments, language and advances, and unwelcome physical contact. The alleged behavior violated Title VII of the Civil Rights Act of 1964. The EEOC filed suit (EEOC v. La Rana Hawaii, LLC dba Señor Frog’s & Altres, Inc., Case No. CV-11-00799 LEK BMK) after first attempting to resolve the matter through its conciliation process.

As part of the settlement announced today, the parties entered into a three-year consent decree requiring La Rana Hawaii, LLC to pay $350,000 to 13 female claimants. The company closed its Honolulu establishment in August 2012. Notwithstanding, if La Rana chooses to open another restaurant or chooses to reopen the Señor Frog’s in Hawaii, the consent decree requires substantial injunctive relief including the creation and distribution of an anti-harassment policy along with annual training for all restaurant employees to prevent future instances of sexual harassment, discrimination and retaliation. The EEOC will monitor compliance with the agreement.

Altres Inc., a Hawaii staffing company, was contracted by La Rana Hawaii to provide human resources services and oversee the company’s non-management staff during the time in question. The EEOC also named Altres in its lawsuit; Altres previously settled with the EEOC for $150,000 and injunctive relief, including EEO training for its employees.

“Our young workers are all too often the targets of the most insidious forms of sexual harassment, which can spread like wildfire at work,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Hawaii in its jurisdiction. “Employers who fail to fulfill their moral and legal obligation to prevent and immediately stop the sexual abuse of its young workers will answer to the EEOC.”

Timothy Riera, local director for the EEOC’s Honolulu Local Office, added, “The EEOC takes workplace harassment against young workers very seriously. Through our Youth@Work outreach, we aim to educate America’s next generation of workers on their right to work in an environment free of harassment and discrimination and their right to report such abuses without retaliation.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-21-13.cfm

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

Hospitality Law Insider: “Duty Of Care” That Businesses Owe To Mobile Employees From Stephen Barth Of HospitalityLawyer.com (Video)

HospitalityLawyer.com Education Partner IIIn the second episode of Hospitality Law Insider, Stephen Barth covers some essential items to consider when adapting your travel risk plan to meet duty of care obligations. Learn more about how to deal with medical issues, evacuation considerations, and civil unrest.

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

Hospitality Industry Legal Risks: California Hotel Employee Files “Racial Discrimination And Harassment” Lawsuit; Painter “Unjustly Fired”, Exposed To Unsafe Working Conditions

“…The suit claims (the plaintiff) was unjustly fired from his position after he was instructed to complete tasks typically subcontracted to outside vendors. The Hospitality Industry Discrimination Lawsuitscourt filing also claims two of the hotel’s buildings had serious water damage and mold issues, but management failed to properly train employees or equip them with the right safety equipment, exposing Tobin to unsafe working conditions…”

Ronald Tobin, a former employee at Fess Parker DoubleTree Hilton, is suing the joint resort company and three of its supervisors for alleged discrimination and unfair business practices while he worked there as a painter for nearly three years.

Tobin, who’s African-American, claims he was subjected to discrimination and harassment at the DoubleTree because of his race, and that the human resources department neglected to investigate or address his complaints. During an event at the hotel, the lawsuit reads, one of Tobin’s supervisors talked about the chicken and watermelon being served, and used the phrases “you people” and “your food.” “[The supervisor] continued to state that he does not know why African-Americans refer to themselves that way when white people do not say ‘Caucasian-Americans,’” the filing reads. The lawsuit also states another employee regularly used the “n-word” without being reprimanded.

For more:  http://independent.com/news/2013/nov/21/discrimination-doubletree/

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