Category Archives: Risk Management

by | August 23, 2013 · 5:50 am

Hospitality Industry Employment Risks: Mississippi Hotel Sued For “Pregnancy Discrimination” By EEOC; Woman Fired On First Day Of Work After Informing Manager Of Pregnancy

“…According to the EEOC’s suit, (the employee) informed her manager of her pregnancy on her first day of work.  That evening, the manager terminated Harmon and replaced her with a non-pregnant employee, the EEOC said…”

EEOC“Employers cannot penalize women for choosing to have a family,” said Katharine W. Kores, district director of the EEOC’s Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi.  “This agency will continue to work to eliminate this type of discriminatory conduct.”

Jiji, Inc., a Holiday Inn franchisee located in Batesville, Miss., violated federal law when it fired an employee because of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act.  The EEOC filed suit, Civil Action No. 3:13-cv-00212, in U.S. District Court for the Northern District of Mississippi, Oxford Division after first attempting to reach a pre-litigation settlement through its conciliation process.  The suit seeks back pay, compensatory and punitive damages, reinstatement and injunctive relief.

Jiji, Inc. is a Mississippi corporation based in Batesville that owns, manages, and operates hotel facilities in Mississippi. The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/8-22-13.cfm

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

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by | August 22, 2013 · 5:59 am

Hospitality Industry Legal Risks: New York Restaurant Sued For $1 Million For “Refusing Service” To Disabled War Veteran Using Service Dog To Ease “Posttraumatic Stress Disorder (PTSD)”

“…(the plaintiff), who uses the dog to ease his posttraumatic stress disorder, is suing  for $1 million in Manhattan Federal Court. He claims the Hospitality Industry ADA Lawsuitsincident humiliated him and exacerbated his PTSD…(he) said he tried to reason with the employee invoking the Americans with  Disabilities Act (ADA), which permits service animals in public spots…(the plaintiff), who won an undisclosed settlement in 2011 after suing a McDonald’s in  Times Square over a similar experience, said he left the KFC rather than  continue the argument…”

A disabled Iraq War veteran who worked at Ground Zero says the Colonel  treated him like trash. Charles Hernandez, 50, a retired public school administrator, claims he was  refused service at a KFC in the Bronx after he brought his service dog into the  fried chicken joint.

His suit says the KFC worker violated federal, state and city laws and caused  Hernandez distress. The suit also names as defendants KFC manager Sade Clarke,  the restaurant’s owner, Star Partner Enterprises Two LLC, and that company’s  principal owner, Thomas Rose.

Read more: http://www.nydailynews.com/new-york/kfc-turns-iraq-war-vet-service-dog-lawsuit-article-1.1432999#ixzz2choApBsK

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by | August 21, 2013 · 5:58 am

Hospitality Industry Legal Risks: Texas Restaurant Sued By Man Who Fell On Step Hidden By “Busy Carpet Pattern”; “Dangerous Condition Created”

“…The suit asserts the defendant should haven known that the excessive pattern on the carpet obscured patrons’ abilities to detect the step and Hospitality Industry Injury Lawsuitsthat it confuses the eye…the suit further alleges there were no warning signs of the dangerous condition…the plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment and lost wages…”

Orange County resident Danny Stilley is blaming a “busy carpet pattern” at an area restaurant as the reason why he tripped and fell. Stilley filed suit against Kampus Korner Restaurant on Aug. 14 in Jefferson County District Court. According to the lawsuit, on Feb. 4, 2012, Stilley was a patron at the restaurant, located near the Lamar University campus. He purchased a cup of coffee and was instructed to go sit at an elevated section of the diner.

Stilley sat at his table for some time and when he got up he failed to “detect the change in floor elevation and tripped,” hitting the ground and knocking himself unconscious.

“The elevated area was covered with a carpet with a busy pattern,” the suit states. “Due to the very busy pattern on the carpet, it is difficult to detect the rise in elevation.”

For more:  http://setexasrecord.com/news/288504-busy-carpet-pattern-caused-mans-fall-suit-alleges

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by | August 20, 2013 · 6:06 am

Hospitality Industry Crime Risks: Florida Hotels Plagued By “Mini Meth Labs” Transported In Suitcases; Thousands To Make Room Safe Again

“…the (hotel) manager said despite the lab being small it had cost thousands to make the room safe again and he felt there was little he could do to stop it happening again…mix of precursor chemicals and substances used in drug production, drug lab Hotel Meth Lab Riskssites have been known to cause explosions, flash burns, fires, toxic fumes, poisonous gases, damage to the environment, injury to members of the community and even death…the equipment used to make the labs was easily sourced from hardware stores and included anything from jars and beakers, to soft drink bottles and plastic tubing…for each lab uncovered, there are about 10 that aren’t…”

MINI drug labs small enough to fit inside suitcases are being set up in high-end, inner-city Gold Coast hotels to feed an illicit substance epidemic.  And Gold Coast hotel managers say they are unable to stop it. Police and even hotel cleaners reveal the city is one of the most popular targets for drug makers, who use hotel bathrooms to “cook” methamphetamines and then take them in limited supplies to popular Coast nightspots.

Statistics obtained by a Gold Coast Bulletin Right to Information request show 32 clandestine drug labs have been busted on the Coast since January 2012, and at least nine were found in units.

Meth Lab Cleanup director Jenny Boymal said they were just the tip of the iceberg.

For more:  http://www.goldcoast.com.au/article/2013/08/20/456662_crime-and-court-news.html

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by | August 19, 2013 · 5:55 am

Hospitality Industry Property Risks: California Restaurant Fire Caused By Electrical Short In Ice Maker; Over $75,000 In Damage To Structure, Contents And Loss Of Business

“…An electrical short in an ice maker caused the fire…the restaurant’s sprinkler system did go on, but not right away..Damage to the structure and contents is Restaurant Fire Risksestimated to be about $75,000 and loss of business about $10,000, fire officials said…”

A fire at Gordon Biersch Brewery Restaurant in Mission Valley was swiftly knocked down Sunday afternoon by an engine company that happened to be in the restaurant parking lot dousing a car fire, the San Diego Fire-Rescue Department reported. About 1:15 p.m., the restaurant manager hailed the fire crew in the parking lot at Mission Center Road near Camino de la Reina. Firefighters found waist-high smoke and flames in the kitchen, said San Diego fire department spokesman Maurice Luque.

About 200 diners and Gordon Biersch staff were evacuated and no injuries were reported, Luque said. The restaurant was closed for business for the rest of the day.

Per procedure, the San Diego County Department of Environmental Health was notified and will inspect the restaurant to determine when it is safe to reopen for business, Luque said.

For more:  http://www.utsandiego.com/news/2013/aug/18/gordon-biersch-fire-icemaker/

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by | August 18, 2013 · 8:11 am

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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by | August 17, 2013 · 7:12 am

Hospitality Industry Legal Risks: Texas Motel Sued By Guest Injured When “Defective Chair” Collapsed; “Latent, Unreasonably Dangerous Condition”

“…As he prepared for bed, he sat down in a chair to remove his boots…the chair collapsed under plaintiff causing him injury, the suit states. The Hospitality Industry Injury Lawsuitsdefective chair presented a latent, unreasonably dangerous condition…(the plaintiff) injured his left forearm, ribs and back when the chair collapsed, for which he seeks damages within the jurisdictional limits of the court…”

While staying at a Comfort Inn in Orange, Allen Doverspike, an Oklahoma resident, sat in a chair and began to take his boots off when the chair collapsed. Seeking less than $1 million for his injuries, Doverspike filed suit against Hospitality Operations on Aug. 5 in Jefferson County District Court.

According to the lawsuit, on Jan. 30 Doverspike checked into the Orange Comfort Inn.

The suit asserts the defendant should have repaired or replaced the chair.

For more:  http://setexasrecord.com/news/288232-man-sues-motel-after-chair-collapses-while-taking-off-boots

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by | August 16, 2013 · 5:58 am

Hospitality Industry Technology Solutions: Hotel And Restaurant “Mobile Websites” Rank Highest In Performance, Customer Engagement According To Recent Study; Mobile Payments To Reach $90 Billion By 2017

Hospitality Technology Reveals Results of 2013 Customer Engagement Tech Study

For more:  http://hospitalitytechnology.edgl.com/home

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by | August 15, 2013 · 5:53 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Sued By EEOC For “Gender Discrimination”; Female Workers Paid “Lower Hourly Wage”, “Fewer Regularly Scheduled Hours”

“…These women were subjected to a double whammy of discrimination,” said District Director Spencer H. Lewis, Jr., of the EEOC’s Philadelphia District Office. “They were paid a lower hourly wage and regularly scheduled for fewer work hours than their male counterparts. That’s why we EEOCredoubled our efforts to win justice for them…EEOC Regional Attorney Debra M. Lawrence added, “The EEOC is strongly committed to enforcing the equal pay laws and will take whatever action necessary to defend people’s rights in the workplace…”

Enforcement of equal pay laws and targeting compensation systems and practices that discriminate based on gender is of one of six national priorities identified by the EEOC’s Strategic Enforcement Plan.

Market Burgers, L.L.C., doing business as Checkers, a fast food restaurant chain, violated federal law by paying women less than men and scheduling them for fewer hours than their male counterparts because of gender, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.

EEOC General Counsel David Lopez said, “This case demonstrates the significance of the agency’s strategic enforcement plan, reminding employers that the agency will exercise its authority to eliminate sex-based wage disparities in the workplace.”

According to the EEOC’s suit, LaToya Snyder began working as a cashier/sandwich maker at the company’s Checkers restaurant in West Philadelphia and was promoted to a shift manager position in 2010. The EEOC charges that Checkers routinely paid Snyder and other female shift managers lower wages than male shift managers even though they performed the same duties, including giving assignments and directions to other employees and scheduling and approving breaks. Checkers also paid female cashiers/sandwich makers less than their male counterparts even though they did substantially equal work, according to the lawsuit.

The EEOC further charges that Checkers suppressed the wages of Snyder and other female shift managers and cashiers/sandwich makers by scheduling them for 20 to 25 hours per week, even though they had requested full-time hours, while their male counterparts routinely were scheduled to work, on average, more than 30 hours per week. The general manager also required female employees to leave work early if the restaurant was not busy while male employees were permitted to work a full eight-hour shift.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/8-12-13.cfm

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by | August 14, 2013 · 1:25 am

Hospitality Industry Information Risks: “Cyber-Risk Insurance” Protects Businesses Against “Data Breaches”

…CFOs are looking for insurance against cyber threats. In the past few years,  cyber-risk coverage has become one of the fastest- Cyber Risk Insurance Graphicgrowing businesses for insurers…Businesses, government agencies, hospitals and schools in  the U.S. reported 343 data breaches this year through July, reports CFOJ’s  Maxwell Murphy. That exceeds the number reported in all of 2006 and puts 2013 on  pace for 588 breaches, the most since 2010…”

Data breaches have been on the rise after a dip in the past two years, and experts say the publicly disclosed breaches of computer networks may be only a  fraction of the total.

Cybersecurity used to be something that Ciena CFO James Moylan Jr. delegated. But now he spends as much as 10% of his time making sure  Ciena and its technologies are protected from hackers, cutthroat competitors and other potential cybercriminals. “With all the things that have been in the  news—hackers and, frankly, the Chinese—it’s all caused us to think about” how to cut the potential cost of a data breach, he says. The average cost of a breach  is about $188 per stolen record, and the average loss per incident is $9.4 million, according to a study last week from the Ponemon Institute.

For more:  http://stream.wsj.com/story/latest-headlines/SS-2-63399/SS-2-300092/

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