Category Archives: Risk Management

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 Safety Risks: Texas Hotel Faces “Wrongful Death & Gross Negligence Lawsuit” After Electrocution Of Young Boy; Pool Light System Did Not Have GFCI, Meet Electrical Codes

“…An investigation after the electrocution death found that the pool “did not meet applicable city, state and national electrical codes” Hospitality Industry Wrongful Death Lawsuitsand did not have Ground Fault Circuit Interrupters (GFCI) on the pool light system which are normal installations in pool construction to prevent electrical surges…Brown Electric Inc., had been hired by Hilton to bring the pool into compliance but, according to a city of Houston inspector, had performed work without obtaining the proper permits. After the death Hilton and Brown were cited for “use of electrical system which constitutes a hazard to safety, health and public welfare.”…”

In a lawsuit filed Wednesday, a Missouri City family alleges “gross negligence of epic proportions” for the swimming pool electrocution death of a young man at a Hilton Hotel swimming pool. Raul Hernandez Martinez, 27, and his family spent the Labor Day weekend at the Hilton Houston Westchase hotel at 9999 Westheimer in West Houston.

They were at the swimming pool at dusk when the lights came on automatically. Eyewitness accounts, and now a civil lawsuit, detail how an electrical current immediately surged through the water. David Duran, 11, “suddenly cried out as his body convulsed and he began to float helplessly near the pool light in the deep end,” according to the lawsuit the family filed against Hilton Hotels and the Houston-area electrical contractor Brown Electric Inc., which had performed recent upgrades to the pool’s electrical system.

The boy’s mom Isabel Duran reached for her son and was shocked as well and knocked unconscious. She was revived via CPR and suffered several broken ribs when family members and bystanders dragged her from the pool. The boy’s brother, Raul Hernandez Martinez then fought through the electrical current to retrieve his little brother and push him to the edge of the pool where others helped pull him out.

For more:  http://www.khou.com/news/local/Family-files-lawsuit-in-hotel-pool-electrocution-death-226219641.html

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Filed under Guest Issues, Injuries, Insurance, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management

P3 Hospitality Industry Risk Report: “Hotel Power Outage Checklist” Presented By Director Of Risk Management Todd Seiders Of Petra Risk Solutions (Video)

[vimeo http://www.vimeo.com/52513104 w=500&h=281]

P3Petra Risk Solutions’ Director of Risk Management, Todd Seiders , offers a P3 Hospitality Risk Report – ‘Hotel Power Outage Checklist’. 

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, Insurance, Maintenance, Management And Ownership, Risk Management, Training

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 Legal Issues: Michigan Hotel Renovates Rooms To Accomodate Smokers (And Medical Marijuana Users); “Smoke-Free Air Laws” Do Not Apply To Outside Patios

“…Under the state’s Smoke-Free Air Law, which went into effect in May 2010, tobacco smoking is prohibited inside places where Hotel Guest Smoking Issuespeople work, including hotels, bars and restaurants. But the law doesn’t apply to smoking outside — hence the patios…The law also doesn’t mention cannabis smoke… Betty Aldworth, deputy director of the National Cannabis Industry Association, said “marijuana-related tourism is the fastest-growing sector of the marijuana industry…states with both medical marijuana laws and a flourishing health care industry — such as Grand Rapids — destinations for ill people to legally use medical marijuana.

The Howard Johnson franchise on 28th Street in Grand Rapids has seen occupancy soar since owner Bob Sullivan made a seemingly unfashionable business decision: accommodate smokers. And not just the tobacco variety. Sullivan caters to marijuana smokers, as well.

Twenty rooms already have been renovated to accommodate smokers. And by the time Sullivan’s done, 60-80 of the hotel’s 155 rooms will allow smoking — accommodating medical marijuana patients as well as tobacco smokers.

Michigan legalized medical marijuana in 2008, and Grand Rapids decriminalized marijuana last year — making possession of a small amount a civil infraction, similar to a parking ticket.

Occupancy at the Howard Johnson has seen an increase every weekend, Sullivan said. “Every weekend, every one of those rooms is sold.”

Sullivan, who himself does not smoke cigarettes or marijuana, estimates occupancy is up 50 percent since he started renovating the rooms.

Renovations have included opening up each room with sliding doors and installing a patio with a tall fence around it to provide privacy — “a little smoking area for each room right at the door,” Sullivan said. “Otherwise, people have to go outside the lobby doors.

For more: http://www.crainsdetroit.com/article/20130929/NEWS/309299981/smokers-tokers-light-up-hotel-owners-occupancy-rates#

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

Hospitality Industry Safety Risks: Florida Hotel Group To Place “Lifeguards And Fences” At Pools During “All Open Hours”; Move Follows Death Of 13-Year Old Boy In March

“…Lifeguards will be on duty at all times while the pools are open…But guests will no longer be permitted to swim in the feature pools after Hotel Pool Drowing Riskshours. Disney plans to install fences around any of those pools that are not already gated, a process that will begin in the coming months as hotels roll through their regular renovation cycles…(the move follows) the death of 13-year-old Anthony Johnson, who was pulled from a pool at Disney’s Pop Century Resort at about 9:30 p.m. on March 10…(he) died two days later at Florida Hospital Celebration…”

Walt Disney World says it will begin stationing lifeguards at its largest hotel pools during all operating hours and then locking them down overnight, six months after a young boy drowned while a pool was unguarded. Disney says its largest and most popular “feature” pools will begin opening at either 7 a.m. or 9 a.m. and closing at 11 p.m.

Only smaller and unguarded “quiet” pools at some hotels will remain accessible at all hours. Disney has about two dozen hotels and time-share resorts across its sprawling property.

“These changes make it easier for guests to understand when our pools are open and when a lifeguard is present,” Disney World spokeswoman Bernadette Davis.

Disney would not say whether a specific event triggered the move. Though that pool was open from 7 a.m. until 11 pm., lifeguards were only on duty from 10 a.m. to 8 p.m. Disney said it had posted signs warning that guests who chose to swim while the pool was unguarded did so at their own risk.

For more:  http://articles.orlandosentinel.com/2013-09-26/business/os-disney-locking-swimming-pools-20130926_1_walt-disney-world-pools-lifeguards

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

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