Category Archives: Training

by | April 24, 2012 · 6:32 am

Hospitality Industry Employment Risks: California Supreme Court Ruling Mandates That State's Hotels And Restaurants Need Only Make Employee "Meal And Rest Periods Available"; Not Required To Ensure "Actually Taken"

The Court makes clear the following: “When someone is … employed … for five hours, an employer is put to a choice: it must (1) afford an off duty meal period; (2) consent to a mutually agreed-upon waiver if one hour or less will end the shift; or (3) obtain written agreement to an on duty meal period if circumstances permit. Failure to do one of these will render the employer liable for premium pay.” Brinker, p. 35.

At issue in Brinker Restaurant Corporation v. Superior Court was whether California employers must ensure that their employees actually take their meal and rest periods or merely make them available. To the collective relief of California employers, the court found that an employer must only provide meal and rest periods to its employees, leaving the employees free to use the period for whatever purpose they desire. The employer is not obligated to ensure no work is performed during the period.

The Court continues: “[a]n employer’s duty with respect to meal breaks … is an obligation to provide a meal period to its employees. The employer satisfies this obligation if it relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so.” Brinker, Slip Opinion, p. 36 (emphasis added).

The Court further acknowledged that what will suffice may vary from industry to industry, but held, “the employer is not obligated to police meal breaks and ensure no work thereafter is performed. Bona fide relief from duty and the relinquishing of control satisfies the employer’s obligations, and work by a relieved employee during a meal break does not thereby place the employer in violation of its obligations and create liability for premium pay.” Brinker, p. 36-7 (emphasis added).

For more: http://hotellaw.jmbm.com/2012/04/brinker_v_superior_court.html

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by | April 22, 2012 · 7:20 am

Hospitality Industry Property Risks: Texas Motel Damaged By "Wind-Fueled Fire" That Momentarily Traps Firefighters; Firewall Proves Useless In Windy Conditions

“With the winds, even if you have firewalls, if somebody puts a cable hole — every little breach of a firewall for cable, electric, whatever is going to be a void. That firewall’s not intact anymore.”

San Antonio firefighters had a close call Friday afternoon when the rear of a burning motel collapsed on them. Crews responded to the fire reported at the Studio 6 motel at Highway 281 and Rhapsody to find flames shooting through the structure, according to WOAI-TV.

The wind-fueled fire originated on the first floor of the hotel, extended to the attic and then spread to a neighboring building. Fire Chief Charles Hood said that his firefighters had to rely on their training when the blaze quickly became out of control and a Mayday was called.

“That’s one of those moments when your heart just goes to your feet because we have reports of firefighters trapped,” he told the news station. Luckily, all of the firefighters made it out safely and no injuries were sustained.

Hood said that winds played a big role in helping the fire grow, and that if the building did have firewall, they wouldn’t have stopped it. Around 100 firefighters were on the scene and after the collapse, crews switched to a defensive fire attack to put out the blaze.

For more:  http://www.firehouse.com/news/10704188/san-antonio-firefighters-have-close-call-at-motel-blaze

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by | · 7:20 am

Hospitality Industry Property Risks: Texas Motel Damaged By "Wind-Fueled Fire" That Momentarily Traps Firefighters; Firewall Proves Useless In Windy Conditions

“With the winds, even if you have firewalls, if somebody puts a cable hole — every little breach of a firewall for cable, electric, whatever is going to be a void. That firewall’s not intact anymore.”

San Antonio firefighters had a close call Friday afternoon when the rear of a burning motel collapsed on them. Crews responded to the fire reported at the Studio 6 motel at Highway 281 and Rhapsody to find flames shooting through the structure, according to WOAI-TV.

The wind-fueled fire originated on the first floor of the hotel, extended to the attic and then spread to a neighboring building. Fire Chief Charles Hood said that his firefighters had to rely on their training when the blaze quickly became out of control and a Mayday was called.

“That’s one of those moments when your heart just goes to your feet because we have reports of firefighters trapped,” he told the news station. Luckily, all of the firefighters made it out safely and no injuries were sustained.

Hood said that winds played a big role in helping the fire grow, and that if the building did have firewall, they wouldn’t have stopped it. Around 100 firefighters were on the scene and after the collapse, crews switched to a defensive fire attack to put out the blaze.

For more:  http://www.firehouse.com/news/10704188/san-antonio-firefighters-have-close-call-at-motel-blaze

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by | April 18, 2012 · 6:40 am

Hospitality Industry Legal Risks: Colorado Hotel Sued By Woman "Bitten By A Vicious Dog" Owned By Hotel Guest; Written "Pet Care Policies" Not Followed According To Lawsuit

“…The lawsuit claims that employees at The Little Nell hotel, which provided dog-sitting services for Babu, knew the dog had violent tendencies…”

“The Little Nell’s Guide to Petiquette,” a set of written policies governing pet care and behavior at the hotel, required that a problem dog such as Babu either be removed from the premises or have a sitter overseeing it at all times, the lawsuit said, according to the Times. The lawsuit accuses the hotel of failing to follow its policy…”

The Aspen Skiing Co. and a New York socialite couple are defendants in a lawsuit that accuses them of keeping a vicious dog that bit a woman at the Gondola Plaza. Beth Fischer, of Aspen, filed a complaint Monday in Pitkin County District Court saying she has racked up more than $200,000 in medical bills after a black Labrador retriever bit her on Sept. 18, according to the Aspen Times.

She has had multiple surgeries to her hand and resulting staph infections because of the attack, the lawsuit said. Fischer’s lawsuit said that she was walking in the Gondola Plaza, near the outdoor tables at Starbucks, when a black Labrador named Babu Sarofim “leapt up from its position and lunged directly” at her, biting her left hand.

“Fischer was able to free her left hand from Babu’s mouth and she immediately realized she was injured and bleeding from the dog bite,” the lawsuit said. A woman who witnessed the attack called 911.

For more: http://www.thedenverchannel.com/news/30907562/detail.html

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by | · 6:40 am

Hospitality Industry Legal Risks: Colorado Hotel Sued By Woman "Bitten By A Vicious Dog" Owned By Hotel Guest; Written "Pet Care Policies" Not Followed According To Lawsuit

“…The lawsuit claims that employees at The Little Nell hotel, which provided dog-sitting services for Babu, knew the dog had violent tendencies…”

“The Little Nell’s Guide to Petiquette,” a set of written policies governing pet care and behavior at the hotel, required that a problem dog such as Babu either be removed from the premises or have a sitter overseeing it at all times, the lawsuit said, according to the Times. The lawsuit accuses the hotel of failing to follow its policy…”

The Aspen Skiing Co. and a New York socialite couple are defendants in a lawsuit that accuses them of keeping a vicious dog that bit a woman at the Gondola Plaza. Beth Fischer, of Aspen, filed a complaint Monday in Pitkin County District Court saying she has racked up more than $200,000 in medical bills after a black Labrador retriever bit her on Sept. 18, according to the Aspen Times.

She has had multiple surgeries to her hand and resulting staph infections because of the attack, the lawsuit said. Fischer’s lawsuit said that she was walking in the Gondola Plaza, near the outdoor tables at Starbucks, when a black Labrador named Babu Sarofim “leapt up from its position and lunged directly” at her, biting her left hand.

“Fischer was able to free her left hand from Babu’s mouth and she immediately realized she was injured and bleeding from the dog bite,” the lawsuit said. A woman who witnessed the attack called 911.

For more: http://www.thedenverchannel.com/news/30907562/detail.html

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by | April 15, 2012 · 1:31 am

Hospitality Industry Legal Risks: California Hotel Sued For Violating "State Liquor Control Act" By "Over-Serving Alcohol" To Hotel Guest Who Sustained Critical Spinal Injury In Fall

“…The complaint seeks compensatory, punitive and other damages from the Hotel St. Francis and Heritage Hotels and Resorts of Albuquerque, which has managed the hotel since 2008. It says the defendants violated the state Liquor Control Act and other laws by over-serving alcohol to Sherman…”

A California man says in a lawsuit that he is a paraplegic because he was over-served alcohol at the Hotel St. Francis’ bar two years ago, fell down and damaged his spine.  Mike Sherman of Petaluma, Calif., accuses the hotel staff of destroying videos that might show how he ended up with a vertebral fracture at the downtown hotel.

According to a complaint filed April 1 in state District Court, Sherman checked into the St. Francis on April 26, 2010, then went to its Secreto Bar and ran up three tabs totaling $177.97.

By 8 p.m., bar manager Daniel Gonzales determined Sherman was intoxicated, served him one more cocktail and told bar employees that would be his last, yet he was served other drinks later, the complaint says.

By 10 p.m., it says, Gonzales walked Sherman to his room, but later that evening, or early the next day, security guard James Cox found Sherman unconscious and lying on the floor outside two other hotel rooms.  Sherman was taken to Christus St. Vincent Regional Medical Center for emergency treatment of his spinal injury, then transferred back to California for further treatment.

The complaint by lawyers Esteban Aguilar of Albuquerque and Michael Kelly of San Francisco says a lawyer working for Sherman’s partner, Scott Clark, called Steve Caalim, who was then the hotel’s general manager, to ask that he preserve videos or other records relating to the incident.

But Sherman was told that none of the hotel’s several security cameras were working that night, the complaint says, accusing the hotel of having the videos “intentionally destroyed, erased, deleted or otherwise tampered with … to hide, conceal or destroy evidence.”

For more:  http://www.santafenewmexican.com/Local%20News/Man-sues-hotel-over-spinal-injury

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by | · 1:31 am

Hospitality Industry Legal Risks: California Hotel Sued For Violating "State Liquor Control Act" By "Over-Serving Alcohol" To Hotel Guest Who Sustained Critical Spinal Injury In Fall

“…The complaint seeks compensatory, punitive and other damages from the Hotel St. Francis and Heritage Hotels and Resorts of Albuquerque, which has managed the hotel since 2008. It says the defendants violated the state Liquor Control Act and other laws by over-serving alcohol to Sherman…”

A California man says in a lawsuit that he is a paraplegic because he was over-served alcohol at the Hotel St. Francis’ bar two years ago, fell down and damaged his spine.  Mike Sherman of Petaluma, Calif., accuses the hotel staff of destroying videos that might show how he ended up with a vertebral fracture at the downtown hotel.

According to a complaint filed April 1 in state District Court, Sherman checked into the St. Francis on April 26, 2010, then went to its Secreto Bar and ran up three tabs totaling $177.97.

By 8 p.m., bar manager Daniel Gonzales determined Sherman was intoxicated, served him one more cocktail and told bar employees that would be his last, yet he was served other drinks later, the complaint says.

By 10 p.m., it says, Gonzales walked Sherman to his room, but later that evening, or early the next day, security guard James Cox found Sherman unconscious and lying on the floor outside two other hotel rooms.  Sherman was taken to Christus St. Vincent Regional Medical Center for emergency treatment of his spinal injury, then transferred back to California for further treatment.

The complaint by lawyers Esteban Aguilar of Albuquerque and Michael Kelly of San Francisco says a lawyer working for Sherman’s partner, Scott Clark, called Steve Caalim, who was then the hotel’s general manager, to ask that he preserve videos or other records relating to the incident.

But Sherman was told that none of the hotel’s several security cameras were working that night, the complaint says, accusing the hotel of having the videos “intentionally destroyed, erased, deleted or otherwise tampered with … to hide, conceal or destroy evidence.”

For more:  http://www.santafenewmexican.com/Local%20News/Man-sues-hotel-over-spinal-injury

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by | April 13, 2012 · 1:21 am

Hospitality Industry Employee Risks: California Hotels And Restaurants Are "Not Obligated To Ensure Workers Take Legally Mandated Lunch Breaks"; Unanimous Opinion By State Supreme Court

“…the high court sided with businesses when it ruled that requiring companies to order breaks is unmanageable and those decisions should be left to workers. The decision provided clarity that businesses had sought regarding the law…”

In a case that affects thousands of businesses and millions of workers, the California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take legally mandated lunch breaks.

The unanimous opinion came after workers’ attorneys argued that abuses are routine and widespread when companies aren’t required to issue direct orders to take the breaks. They claimed employers take advantage of workers who don’t want to leave colleagues during busy times.

The case was initially filed nine years ago against Dallas-based Brinker International, the parent company of Chili’s and other eateries, by restaurant workers complaining of missed breaks in violation of California labor law.

The opinion written by Associate Justice Kathryn Werdegar explained that state law does not compel an employer to ensure employees cease all work during meal periods. Instead, an employee is at liberty to use the time as they choose, she wrote.

For more:  http://finance.yahoo.com/news/court-managers-dont-ensure-lunch-breaks-181751682.html

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by | · 1:21 am

Hospitality Industry Employee Risks: California Hotels And Restaurants Are "Not Obligated To Ensure Workers Take Legally Mandated Lunch Breaks"; Unanimous Opinion By State Supreme Court

“…the high court sided with businesses when it ruled that requiring companies to order breaks is unmanageable and those decisions should be left to workers. The decision provided clarity that businesses had sought regarding the law…”

In a case that affects thousands of businesses and millions of workers, the California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take legally mandated lunch breaks.

The unanimous opinion came after workers’ attorneys argued that abuses are routine and widespread when companies aren’t required to issue direct orders to take the breaks. They claimed employers take advantage of workers who don’t want to leave colleagues during busy times.

The case was initially filed nine years ago against Dallas-based Brinker International, the parent company of Chili’s and other eateries, by restaurant workers complaining of missed breaks in violation of California labor law.

The opinion written by Associate Justice Kathryn Werdegar explained that state law does not compel an employer to ensure employees cease all work during meal periods. Instead, an employee is at liberty to use the time as they choose, she wrote.

For more:  http://finance.yahoo.com/news/court-managers-dont-ensure-lunch-breaks-181751682.html

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by | April 2, 2012 · 7:48 am

Hospitality Industry Crime Risks: "End Child Prostitution And Trafficking (ECPAT)" Seeks Hotels' Assistance In Fighting Internet Prostitution

End Child Prostitution and Trafficking (ECPAT) has been trying to enlist the help of hotels in fighting prostitution by agreeing to:

CODE OF CONDUCT FOR THE PROTECTION OF CHILDREN FROM SEXUAL EXPLOITATION IN TRAVEL AND TOURISM

THE SIX CRITERIA

Suppliers of tourism services adopting the code commit themselves to implement the following six criteria:
1. To establish an ethical policy regarding commercial sexual exploitation of children.
2. To train the personnel in the country of origin and travel destinations.
3. To introduce a clause in contracts with suppliers, stating a common repudiation of commercial sexual exploitation of children.
4. To provide information to travellers by means of catalogues, brochures, in-flight films, ticket-slips, home pages, etc.
5. To provide information to local “key persons” at the destinations.
6. To report annually.

http://www.ecpat.net/ei/Programmes_CST.asp

Human trafficking is the second-largest organized crime in the world. The U.N. estimates more than one million children, the majority of them girls, are sexually exploited each year in the multibillion dollar sex industry.

The ease with which traffickers can use the Internet to sell sex has changed the way the sex trade operates. Instead of working the streets, women and girls are increasingly being sold in hotels.

But ECPAT executive director Carol Smolinsky says many hotels have balked at some of the policies the organization asks them to follow.  “When a company signs the code of conduct it has to have a policy against sexual exploitation of children,” Smolinsky says. “Over these years it’s been frankly shocking to me that even the step of having a policy against sexual exploitation has been troubling shall we say for them.”
One of the requirements of the code is that hotels inform their customers of that policy.  “One problem we’re having in our industry is some of the things they’re asking the hotels to do,” says Joe Mcinerney, president and CEO of the American Hotel and Lodging Association. “Putting notices in the rooms… they feel that might be an intrusion into customers thinking that maybe there is a problem at that hotel.”

For more:  http://www.voanews.com/english/news/usa/Nun-Helps-Lead-Fight-Against-Hotel-Prostitution-145761575.html

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