Category Archives: Training

Hospitality Industry Legal Risks: Florida Hotel Violated Federal Wage & Labor Laws By Creating “Employment Relationship” By “Directly Supervising” Staffing Company Employees

“…investigators determined that the hotel was liable for repayment of back wages because hotel staff had directly supervised those employed Hospitality Industry Wage Violation Lawsuitsby the staffing agency, creating what Young referred to as “joint employment relationship”…generally the using company tries to avoid the responsibility of the employers by staying out of the direct supervision of the employees or payment…however, we found there was enough direct supervision by Castillo Real employees on the staffing company’s employees to then create an employment relationship…Based on that relationship the hotel was found liable for the repayment of back wages…”

The U.S. Department of Labor found that two-thirds of the staffing companies that provide employees to north Florida’s hospitality industry investigated as part of a new initiative were not in compliance with federal wage and labor laws.

According to a DOL release, the hotel will pay $17,890 in back wages after it was discovered that employees provided by staffing company Maja LLC regularly were not paid overtime after working more than 40 hours a week providing services such as housekeeping and laundering. Additionally, some weeks employees’ wages fell below the federally required minimum wage.

Michael Young, district director of the DOL’s Wage and Hour Division’s Jacksonville District Office said the practice of using staffing companies to fill positions formerly managed by hotels themselves is becoming more prevalent across the country. The initiative looking into compliance among staffing companies was undertaken in four of the 10 districts in the Southeast.

For more:  http://news.wjct.org/post/investigation-finds-north-florida-hotels-violated-federal-labor-laws

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

Hospitality Industry Legal Risks: Missouri Restaurant Operator Ordered To Pay $20.5 Million To Man Permanently Disabled After Beating In Parking Lot; “Failure To Prevent Fight”, Violated “Disruptive Customer Policies”

 “…(the plaintiff) claimed the fast food giant failed to prevent the fight, poorly trained its employees and violated its own policies for dealing Hospitality Industry Injury Lawsuitswith disruptive customers…(the jury) actually returned a $25 million verdict against Jack in the Box after an eight-day civil trial. That was reduced to $20.5 million after the jury found Aziz to be 18 percent at fault for the attack…”

A City Court jury ordered Jack in the Box restaurants to pay $20.5 million to a man who is permanently disabled from a beating in a parking lot 3 years ago.  Ali Aziz, now 35, was beaten unconscious and spent more than a year in a coma after the June 20, 2012 assault. He has permanent brain damage and cannot walk or feed himself, the St. Louis Post-Dispatch reported.

Aziz, through his mother Annette Brown, sued Jack in the Box in City Court in 2011.  Four people – three men and a woman – pleaded guilty and have gone to prison for it.
Earnest Carter, 22, was sentenced to 12 years in prison; Jasmine Jeffries, 22, to 15 years; Johnnie Lane, 33, to 5 years; and Rwoeshan Booker, 20, to 13 years, the Post-Dispatch reported.

A Jack in the Box spokesman said the company is considering an appeal.

For more:  http://www.courthousenews.com/2013/09/09/60939.htm

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

Hospitality Industry Legal Risks: Oregon Restaurant Sued For “Racial Discrimination”, Retaliation; Claims “Intentional Bias, Visceral Antagonism”

“…The suit says (the plaintiff) reported Counard’s conduct and “visceral antagonism” to other managers…he was suspended based on an Hospitality Industry Discrimination Lawsuitsallegation that he had told a server to rinse and serve a skewer of shrimp that had fallen on the floor…A month later, after an investigation in which Huleis was not interviewed, he was fired…The lawsuit claims Huleis’ treatment was intentional, was part of a pattern of discrimination against minority employees and was done with a reckless disregard for the company’s societal obligations…”

A Eugene man who says he was fired from his job at the Eugene Red Lobster restaurant because he is of Middle Eastern descent has filed a lawsuit against the chain in federal court. Jim Huleis, who came to Eugene in 2011 to help open a Red Lobster outlet near Valley River Center, seeks unspecified damages on claims of racial discrimination and retaliation. He alleges an area manager who disliked that Huleis was Arab singled him out for bad treatment to discredit and ultimately fire him.

The lawsuit asks the court to issue an injunction barring Red Lobster’s parent company, Florida-based GMRI Inc., from discriminating against people based on race or national origin. It also asks for an award compensating Huleis for his economic losses, including his past and future earnings, and for reinstatement to his job.

In addition, the suit asks for compensation for noneconomic damages and punitive damages and for an award covering his legal costs.

“We are a company known for greatly valuing diversity and have zero tolerance for any form of discrimination, so we take any claim like this very seriously,” Bernstein said in an e-mailed statement. “If there are differences between employees and our company during or after employment, the mutual goal is to resolve these issues in a prompt and fair way, and to do that we have a robust dispute resolution process, which includes mediation and arbitration. Mr. Huleis is pursuing this matter through that process.”

According to the suit, Counard immediately treated Huleis different from other managers, giving him inappropriate tasks, minimizing him and barring him from duties he would usually perform.

For more:  http://www.registerguard.com/rg/news/local/30417354-75/huleis-eugene-lobster-red-says.html.csp

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Hospitality Industry Employment Issues: “Becoming A Resume Lie Detector” From HospitalityLawyer.com

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Hospitality Industry Technology Solutions: “Emergency Management Software” For Hotels Provides Fire, Police Departments With Instant Access To “Site And Floor Plans, HAZMAT Details And Utility Shut-Off Locations”

“…By installing (the Emergency Management Software), Doubletree provides Detroit’s first responders instant on-site access to site plans, floor Hotel Emergency Management Softwareplans, hazardous material details, utility shut-off locations, geographical maps, fire hydrants locations, persons with special needs, guests and residents, and other critical information.  The pre-plan data will be on a touch screen computer in the lobby as well as on the mobile data computers in Detroit’s fire department and law enforcement vehicles…”

“Our adoption of this technology is an excellent example of the private sector bracing the public works,” said Shannon Dunavent, general manager of Detroit DoubleTree by Hilton Hotel.  “This new technology will be fully implemented by September 1st, making all critical building information quickly available to first responders.  We are not only making a smart, cost-effective investment in our property and in the safety of our guests and staff, but in the city’s ability to respond to emergencies.”

CommandScope allows building and facility owners, managers and first responders alike to easily add and upload building and site data.  The information is shareable across organizations and city departments, and is updateable in real-time allowing first responders to act with knowledge rather than trial and error.  First responders can save time and lives by immediately execute emergency procedures instead of wasting time locating managers or engineers on site.

For more:  http://www.fireengineering.com/articles/2013/08/commandscope-pre-plan-technology-changing-the-nature-of-first-response.html

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Hospitality Industry Pool Safety: “Hotel Swimming Pool Liability Reduction Checklist” From HospitalityLawyer.com

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Hospitality Industry Health And Safety: Hotels And Restaurants Avoid Onsite “Automated External Defibrillator (AED)” Placement And Training Due To Concerns About Risks And Liability

“…the American Hotel and Lodging Association, singled out the patchwork of state laws as a major reason hotels in the U.S. “do not uniformly provide training and AEDs onsite,” in a 2009 report.

AED Defibrillator Sign“…across America, there is anything but agreement among states about rules for the use of automated external defibrillators (or AEDs): Where they must be located; if they should be registered so authorities know where they are; whether a business that installs one is fully protected from liability; or even if a company is obliged to use one if someone on the premises suffers sudden cardiac arrest…”

There is no dispute that portable defibrillators, simple-to-use device that supply jolts to shock a stilled heart to beat again, could save tens of thousands of lives a year in this country alone if they are accessible to willing bystanders.

And some experts say the uneven patchwork of laws and regulations is a worrisome barrier to more widespread distribution and use of the battery-powered devices, which, if employed within minutes of cardiac arrest, can bring a person back to life.

For instance, many AEDs still carry labels saying they should only be used by “medical professionals” even though there are laws in every state giving “good Samaritan” protection to anyone who tries to use one to save the life of someone in cardiac arrest.

“The concerns about risk and liability remain very high,” said Richard Lazar, president of Readiness Systems LLC, a Portland, Ore., firm that consults with businesses and governments on AED training and placement.

Mandates for where AEDs should be placed are a national checkerboard. Nineteen states impose no mandates. But, in New York state, AEDs are required in health clubs, while in Florida, they’re mandatory in public high schools. Yet recent court rulings in both states have held that, just because those facilities are required to have the devices, they are under no legal obligation to use them.

For more:  http://www.commercialappeal.com/news/2013/aug/25/aed-laws-cause-confusion/

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Hospitality Industry Legal Risks: Restaurants And Hotels Must “Thoroughly And Consistently” Train Employees For Alcohol Service

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

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