For more:Â http://www.hospitalitynet.org/news/154000320/4058028.html
Category Archives: Training
Hospitality Industry Employment Risks: High Hotel Employee Turnover Rates Increase Operating Expenses While Lowering Customer Service Experience And Guest Loyalty
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Filed under Guest Issues, Risk Management, Training
Hospitality Industry Legal Risks: Texas Restaurant Chain Sued By EEOC For Firing "Pregnant Employees Under A Discriminatory Written Policy"
“…According to the EEOC’s lawsuit, Maryann Castillo and other female workers were laid off after the third month of their pregnancies under a written policy, set out in Bayou City Wings’ employee handbook…”
JC Wings Enterprises, LLC, doing business as Bayou City Wings, a Baytown-based restaurant chain, violated federal law when its managers laid off pregnant employees under a discriminatory policy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.
 Bayou City Wings owns and operates restaurants in Baytown, Houston and surrounding areas. The company’s district manager laid off Castillo pursuant to the policy even though she had provided a doctor’s note that indicated she could work up to the 36th week of her pregnancy and that her doctor had not placed any restrictions on her ability to work.
During the EEOC’s investigation of a discrimination charge brought by Castillo, Bayou City Wings named eight female employees who were laid off from work because of their pregnancies. According to a Bayou City Wings general store manager, for a manager to keep a pregnant employee at work any longer would “be irresponsible in respect to her child’s safety” and would jeopardize his position with the company “for not following procedures.”
Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits employers from discriminating against employees on the basis of sex or pregnancy. The EEOC filed suit (Civil Action No. 4:12-cv-02885) in U.S. District Court for the Southern District of Texas, Houston Division, after first attempting to reach a pre-litigation settlement through its conciliation process.  The EEOC seeks an injunction, back pay with pre-judgment interest, reinstatement or front pay, compensatory damages and punitive damages, in amounts to be determined at trial.
For more:Â http://www.eeoc.gov/eeoc/newsroom/release/9-12-26d.cfm
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Filed under Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Legal Risks: Illinois Restaurant Sued For "Negligence" After Repairman "Set On Fire" By Employee; Seeks $50,000 In Damages
“…a recently filed lawsuit argues the East China Inn was negligent, and seeks more than $50,000 in damages…the man was standing on top of the stove inspecting a sprinkler system and changing a fuse…he 
needed medical treatment for a year…”
A fire suppression repairman has sued the East China Inn restaurant on Randall Road in Batavia, arguing he was set on fire while working during an October 2010 visit. Matthew Rapp, 25, of Oak Forest sustained severe burns to his left leg after someone turned on a wok while Rapp was atop a stove fixing fuses, his attorney said.
“He got burned quite badly,†said attorney Matt Willens, adding Rapp was burned mostly on his left leg from his ankle to his knee. “Because of the burn, he missed 21 weeks of work. He was burned by grease.â€
The suit states that Rapp visited the Chinese restaurant on Oct. 12, 2010, for his job with Fire Science Techniques. “A restaurant employee turned on the stove or continued to work on the stove that the plaintiff was working above which set the plaintiff on fire,†the lawsuit states.
For more: http://www.dailyherald.com/article/20120912/news/709129713/
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Filed under Fire, Injuries, Insurance, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Legal Risks: Kansas Hotel Owners Indicted For Hiring "Undocumented Workers And Paying Them In Cash"; Government Seeks "Forfeiture Of Properties"
“…the (hotel owners) are charged with one count of conspiracy to harbor undocumented workers for personal gain, five counts of harboring undocumented workers for personal gain and four counts of wire fraud…The government is seeking to forfeit the proceeds of the crimes, including the two hotels the couple own. The government would seize the properties and then sell them, gaining money for taxpayers. The couple failed to pay the government the payroll taxes that they should have…”
The owners of two Kansas City-area Clarion hotels have been indicted on charges of knowingly hiring undocumented workers who were paid less than other employees. Munir Ahmad Chaudary, 51, and his wife, Rhonda R. Bridge, 40, both of Overland Park, own the Clarion Hotel at 7000 W. 108th St. in Overland Park and the Clarion Hotel at 11828 NW Plaza Circle near the Kansas City International Airport.
Both pleaded not guilty on Tuesday. U.S. Attorney Barry Grissom said the grand jury’s indictment alleges Chaudary and Bridge knew they were hiring undocumented workers to serve as housekeepers. This gave them a competitive advantage over law-abiding hotel owners, Grissom said.
“They paid the undocumented workers less and they paid them in cash. Their economic motive was to cut their costs and to get an advantage on other hotels that abided by the law,” Grissom said.
“This prosecution is aimed at unscrupulous employers who are a driving force behind illegal immigration,” Grissom said. “We’re going to go after people who are hiring them.”
The indictment alleges that in December 2011 investigators from DHS Homeland Security Investigations and the Kansas Department of Revenue received information that the two hotels were employing undocumented workers.
Investigators interviewed hotel employees and found out that most of them were illegally in the United States.
In June 2012, an undercover agent took a job as a housekeeper at the Clarion hotel in Overland Park, Grissom said.
The agent made it clear to Chaudary and Bridge when he was hired that he was unlawfully in the United States and had no documents allowing him to be employed, according to the indictment.
For more: http://www.kctv5.com/story/19512719/us-attorney-barry-grissom-holds-news-conference
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Filed under Crime, Insurance, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Guest Safety: California Hotel "Re-Emphasizing Safety Policies" After Woman Falls From 11th-Floor Balcony In Apparent Suicide
After the latest incident, Wood emphasized to hotel employees the importance of their training for Intervention Procedures certification, a program designed to help employees prevent intoxication, underage drinking and 
drunken driving…”A lot of people don’t understand that we are not a public place. This is a private business, and we have the right to refuse service to anyone,” Wood said. “We want to protect our guests, and that’s where our training comes into play.”
Officials at the Crowne Plaza Ventura Beach Hotel say they are re-emphasizing safety policies after the death of a 36-year-old Santa Barbara woman who recently fell from an 11th-floor balcony. The woman’s death was determined to be a suicide, according to Ventura County medical examiners. The woman fell from the balcony about 7:30 p.m. Aug. 30 and hit the roof of the C-Street Restaurant below,Ventura police said.
Douglas Wood, general manager of the Crowne Plaza, said the hotel’s balcony rails measure between 42 and 42.5 inches in height. According to guidelines set by the International Building Code, hotel balcony railings must be at least 42 inches high, and the space between rails cannot be greater than 4 inches.
Hotel balconies also must be able to withstand a strong load, to make sure the railings don’t fall down if someone pushes on them, according to the code. The Crowne Plaza meets all three standards, said Jeffrey Lambert, Ventura’s community development director.
Still, it was the seaside hotel’s third fall this year. On June 1, a 60-year-old Ventura woman committed suicide by jumping from a 12th-floor fire escape staircase. On Jan. 13, a man suffered severe injuries after falling off a balcony and hitting a concrete pool deck.
After the June incident, Wood said, the hotel decided to install tempered glass along the fire escape staircase.
Wood said there are no plans to change the structure of the balconies. The hotel underwent a complete renovation in 2006.
Former requirements call for balcony rails to be at least 36 inches tall and no greater than 6 inches apart, said Chad Callaghan, a security consultant for the American Hotel and Lodging Association.
Some hotels have taken other preventive measures, such as restricting roof access, checking later on guests who seem troubled when checking in, and doing away with patio furniture on balconies, which may invite children to climb on top of them, Callaghan said.
Other hotels have placed labels on sliding-glass doors warning parents to watch their children and never leave them unattended on the balcony, he said. Sliding-glass doors at the Crowne Plaza have a sticker in the shape of a palm tree to protect guests from walking into the glass.
“No matter what type of railing a hotel room may have, there is no substitute for common sense and good parenting,” Callaghan said.
And despite laws designed to protect hotel guests from injuries and falls, officials say, suicides may be unavoidable.
“The hotel has a responsibility to protect guests. They don’t have a legal duty to provide reasonable protection against suicides,” Callaghan said. “If a person wants to commit suicide, they’re going to find a way to do it.”
Read more:Â http://www.vcstar.com/news/2012/sep/09/ventura-hotel-re-emphasizes-safety-policies-fall/#ixzz264jtAdSi – vcstar.com
Filed under Guest Issues, Injuries, Liability, Maintenance, Management And Ownership, Risk Management, Training
Hospitality Industry Employee Risks: Restaurant Owners Use "Written Integrity Tests" To Limit High Costs Of "Employee Theft And Drug Use"
“…restaurant owners must address ethical issues when evaluating job applicants for employment. Historically, employers have relied upon reference checks, criminal background checks and interviews to 
address these issues…now a growing number of restaurant owners use written integrity testing to improve their ability to screen out high risk job applicants…”
Employee theft and other forms of counterproductivity are highly significant factors in determining the success of restaurants. While employers tend to have some awareness of the frequency with which employees engage in theft, drug use and other counterproductive behaviors, the following research findings are helpful in providing an objective perspective of how frequently these problematic behaviors occur:
- The National Restaurant Association recently reported that the cost of employee theft for its members is $8.5 billion annually or approximately 4 percent of food sales.
- A study released in 2007 by the U.S. Substance Abuse and Mental Health Administration indicated that the highest rate of illicit drug use occurs among restaurant workers. A whopping 17 percent admitted to illegal drug use in the last month.
Extensive research documents that integrity tests are good predictors of whether an individual will engage in various forms of workplace counterproductivity (e.g., theft, illegal drug use). Also, these assessments do not adversely impact minority candidates, which is a major downside to criminal background checks. Further, integrity tests are relatively inexpensive and can be easily administered online. As a result, high risk applicants can be screened from contention before wasting time and money on interviews, criminal background checks and reference checks.
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Filed under Crime, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Theft, Training
Hospitality Industry Employment Risks: Florida Restaurant Group Faces Lawsuit For "Failing To Pay Minimum Wages" And Forcing Employees To Work "Off-The-Clock" (Video)
The lawsuit accuses the Orlando, Florida-based company of failing to pay federally mandated minimum wages and forcing its waiters and waitresses to work “off-the-clock” before or after their shifts.
[youtube=http://www.youtube.com/watch?v=PoEWJzbMDw0]
The lawsuit accuses the Orlando, Florida-based company of failing to pay federally mandated minimum wages and forcing its waiters and waitresses to work “off-the-clock” before or after their shifts.
Darden Restaurants Inc, best known for its Olive Garden and Red Lobster chains, was hit with a lawsuit in federal court in Miami on Thursday accusing one of the largest U.S. restaurant operators of violating federal labor laws by underpaying workers at its popular eateries across the country.
Filed under the Fair Labor Standards Act, it also claims many Darden employees have failed to receive appropriate overtime wages for work in excess of 40 hours per week.
Only two plaintiffs are named in the 19-page complaint filed on Thursday in U.S. District Court for the Southern District of Florida.
For more:Â http://in.reuters.com/article/2012/09/06/usa-darden-lawsuit-idINL2E8K6HAN20120906
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Filed under Employment Practices Liability, Insurance, Labor Issues, Liability, Management And Ownership, Training
Hospitality Industry Legal Risks: Georgia Restaurant Group Settles Alcohol-Related "Wrongful Death Lawsuit" For $1.1 Million; "Post-Shift Drinking By Employees Is Rampant In Restaurant Industry"
 “It is rampant in the restaurant industry…it is a
culture of post-shift drinking, and in some restaurants, drinking during the
shift. It’s almost like a fringe benefit in some high-end restaurants, this
tradition of drinking after work.”
Husk’s owner, Marietta, Ga.-based Neighborhood Dining Group Inc., and its insurer agreed last month to settle the suit for $1.1 million. The company denied fault or liability.
The fiery crash and lawsuit also have put restaurants across the USA on notice that a tradition at many restaurants — in which employees share a drink after work in a spirit of camaraderie — can have devastating consequences.
The 4 a.m. crash occurred last December, when Adam Burnell, 32, an assistant manager and sommelier at Charleston’s Husk restaurant, allegedly drove his Audi into the back of a Mustang driven by Quentin Miller, 32. The crash slammed Miller’s car into a concrete wall; it erupted in flames, trapping him inside. He died at the scene. Burnell, who prosecutors said had a blood-alcohol level of 0.24%, three times the legal limit, was charged with felony driving under the influence.
Miller’s family filed a wrongful-death lawsuit, alleging that Husk allowed Burnell to drink to excess on its premises after hours and then drive drunk. It was a stumble for a restaurant that was named “Best New Restaurant in America” by Bon Appetit magazine months earlier. Husk also was ranked one of the “101 Best Places to Eat in the World” by Newsweek magazine last month.
Burnell, who sustained minor injuries and is awaiting trial, was not named as a defendant.
Neighborhood Dining Group already had a policy that prohibits employees of its four restaurants — three in Charleston and one in Atlanta — from drinking on the premises, President David Howard says.
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Filed under Claims, Crime, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Training
Hospitality Industry Legal Risks: Illinois Hotel Sued For "Failing To Recognize Signs Of, Inspect And Exterminate Bed Bugs In Guest Rooms"
“…(the lawsuit) is against…Marriott and the former Hickory Ridge Marriott Conference Hotel for failing to 
provide guests with a sanitary rooms, failing to inspect and exterminate rooms and failing to recognize signs of bed bug attacks, among other claims…”
Two women filed a lawsuit Monday in Cook County Circuit Court againstMarriott International Inc.and a now-closed Lisle Marriott Conference Center after claiming they and their respective children received numerous bed bug bites while staying at the hotel last August. April, Safford and the two children stayed at the suburban hotel from Aug. 6 to Aug. 15, 2011, according to the lawsuit.
During her stay at the hotel, April noticed bumps and bites all over her child’s “arms, hands, back, legs and scalp†while helping him get dressed, according to the lawsuit. She brought this to the attention of the manager, who asked if April had made a request for clean sheets, the lawsuit says.
The two women and both children were diagnosed as having “numerous bed bug bites from a significant infestation,†according to the lawsuit.
Filed under Guest Issues, Health, Liability, Maintenance, Management And Ownership, Training
Hospitality Industry Health Risks: California Hotels And Restaurants Must Establish Procedures And Provide Training For "Heat Illness Prevention" For All Outdoor Workers
 “…the California Department of Industrial Relations’ (DIR) Division of Occupational Safety and Health(commonly referred to as Cal/OSHA) is urging employers to protect outdoor workers from heat illness and allow 
for new workers to adjust to changes in weather (also known as acclimatization)…”
Cal/OSHA’s website provides employers with a Heat Illness Prevention e-tool for reference.
Under California’s first-in-the-nation heat illness prevention standard, employers with outdoor workers are required to establish and implement emergency procedures, and provide training on heat illness prevention to all workers. Every outdoor workplace must have drinking water for workers – at least one quart per hour per employee – and shade for recovery and rest periods. Shade must be provided when temperatures are above 85 degrees, and be available at employee request at any temperature. Employers are also required to train employees to properly identify heat illness symptoms.
The heat illness prevention standard was strengthened two years ago to include a high heat provision that must be implemented by five different industries when temperatures reach 95 degrees. These procedures include observing employees, closely supervising new employees, and reminding all employees throughout the shift to drink water. The specified industries include agriculture, construction, landscaping, oil and gas extraction and transportation or delivery of agricultural products, construction material or other heavy material. However, all employers are advised to take additional precautions during periods of high heat.
Read more here: http://www.sacbee.com/2012/08/15/4729437/calosha-reminds-employers-to-stay.html#storylink=cpy
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Filed under Health, Injuries, Labor Issues, Legislation, Liability, Management And Ownership, Risk Management, Training
