Category Archives: Risk Management

by | August 13, 2013 · 6:00 am

Hospitality Industry Legal Risks: Louisiana Motel Sued For “Negligence” After Guest Falls Down Flight Of Stairs; Claims Poor Lighting Led To Injuries

“…The lawsuit is seeking an award of damages for medical expenses, loss of impairment of earnings or earning capacity, physical pain, mental Hospitality Industry Injury Lawsuitsanguish, physical impairment, physical disfigurement, mental impairment, loss of society and/or consortium, mental anguish, loss of household services, interest, court costs and attorney’s fees…”

A Super 8 Motel in Alexandria, La., is being sued after a guest fell down a flight of stairs due to poor lighting. Sonya Lynn Moore and J. David Moore filed suit against Super 8 Worldwide Inc., H.L. & H. Holding Co. Inc., Wyndham Worldwide Inc., individually and doing business as Wyndham Hotel Group, on July 3, 2013 in Jefferson County District Court. The defendants removed the case to Eastern District of Texas, Beaumont Division on Aug. 8.

The plaintiffs were guests on the premises of the Super 8 Motel in Alexandria on Jan. 24, 2013, when Sonya Moore allegedly fell down a flight of stairs.

The defendants are accused of negligence due to a lack of adequate lighting.

For more:  http://setexasrecord.com/news/288075-super-8-motel-sued-after-guest-falls-down-stairs

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by | August 11, 2013 · 6:03 am

“2014 Hospitality Law Conference” Sponsored By HospitalityLawyer.com On February 10-12 Features Industry Legal, Safety And Security Solutions

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2014 Hospitality Law Conference-page-002

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by | August 10, 2013 · 6:29 am

Hospitality Industry Property Risks: Virginia Restaurant Kitchen Fire Spreads Inside Walls And Ceiling; $100,000 Interior And Water Damage

“…After extinguishing the flames in the area of a kitchen broiler, firefighters discovered “there was fire in the wall behind the burner … and up in Restaurant Fire Risksthe ceiling…part of the wall had to be torn away and ceiling tiles had to be removed to finish quelling the blaze…a rough estimate put the damage to the restaurant at $100,000 — “a lot of that due to the cleanup that will be necessary…”

The TGI Fridays restaurant at the entrance to the Downtown Short Pump shopping center remained closed Monday after a fire erupted Saturday night. A manager said Monday that the restaurant could reopen in about two weeks.

The restaurant, at 11600 W. Broad St., was closed Saturday night after a kitchen fire erupted about 9:40 p.m. and the Henrico County Fire Department was called. Firefighters responded and had the blaze under control in about 30 minutes.

For more:  http://www.timesdispatch.com/business/retail/tgi-fridays-restaurant-in-short-pump-remains-closed-after-fire/article_69e0e0bb-5790-5505-9dca-031e13fd3ac2.html

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by | August 8, 2013 · 5:50 am

Hospitality Industry Technology Solutions: Hotel, Restaurant Guests Will Soon “Check-In And Make Payments” Using Mobile Phones Offering “Secure Software Applications With Facial Recognition Technology”

[youtube=http://www.youtube.com/watch?v=9OFaWQDg3_A]

Using the PayPal app for iOS, Windows Phone and Android, wallet-less shoppers can track down stores that accept PayPal’s “check in to pay” service. The customer then checks in to the shop where they need to make a payment, paying by sliding a pin down in the app. The shopper’s credentials then appear on the shopkeeper’s PayPal app, with the photo and name appearing to identify the person who has asked to make the payment, allowing the shopkeeper to then confirm the sale.

PayPal are trialling a new scheme in the Richmond shopping precint of London that will allow shoppers to have their PayPal payments confirmed by their profile pictures. The Richmond shops first to test out the new check-in service include Cook & Garcia, The Farmery, The Tea Box, The Bingham Hotel, Revolution, Caffé Paolo, The Cedar Coffee Shop, Urban Diner, Pier 1 Fish and Chips,  Noble Jones, Hill Café and Knot Coffee and Pretzel.

“PayPal first brought ‘pay by mobile’ to the UK high street two years ago,” said Rob Harper, Head of Retail Services at PayPal

“Through our Richmond initiative, we’re pleased to help local businesses of all sizes offer a new more personal experience, while never having to turn away customers who don’t have enough cash on them to pay. Now locals in Richmond can leave their wallet or purse at home and be the first in the country to use their profile picture to pay.

“This is another step on the journey towards a wallet-less high street, where customers will be able to leave their wallet or purse at home and pay using their phone or tablet. We predict that by 2016 this will become a reality.”

For more:  http://www.techdigest.tv/2013/08/paypal_to_let_y.html

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by | August 7, 2013 · 6:22 am

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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by | August 6, 2013 · 12:51 pm

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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by | August 4, 2013 · 8:33 am

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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by | August 3, 2013 · 5:43 pm

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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by | August 2, 2013 · 6:09 am

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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by | August 1, 2013 · 6:10 am

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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