Category Archives: Training

by | March 13, 2012 · 9:18 am

Hospitality Industry Legal Risks: Hotel Management Must Comply With Americans With Disabilities Act (ADA) Revisions Concerning Recreational Areas; Exercise Rooms, Saunas And Benches Are Areas Of Concern

New revisions to the Americans with Disabilities Act are bringing hotel recreational areas under the watchful eye of the U.S. Department of Justice for the first time. And unlike other guidelines covered by the 1991 ADA Standards for Accessible Design, recreation areas do not qualify for safe harbor.

Exercise rooms:

  •  The key issue in exercise rooms is clearance space, the moderators said.
  • “At least one of each type of equipment is required to be on an accessible route and have clear floor space adjacent to the equipment so that somebody is able to park their mobility device there and then get out of that device and transfer or may be able to walk and get on to this piece of equipment,” Salmen said.
  • More than one piece of equipment can share the same clear floor space, he said.
  • “This is going to have implications on how your fitness rooms are laid out, and (in) a lot of small fitness rooms you will have to do rearranging or potentially may even have to lose a piece of equipment in order to try to provide these clear floor areas,” Anderson added.

Saunas and steam rooms:

  •  Hotels must have accessible routes into saunas and steam rooms. Further, they must have enough space within the rooms so guests with disabilities can turn around and get out, Salmen said.
  • “So doors have to be compliant as per the door criteria with 32 inches of minimum clear opening width. The pressure on that door can’t be more than five pounds. The thresholds for those doors have to be compliant,” he said.

Benches:

  •  Benches in hotel locker rooms and steam rooms can be as little as 42 inches with a depth of 20 inches to 24 inches, Salmen said.
  • “But in these new rules we are now required to have a maneuvering space in front of the bench and at one end of the bench so that it is (easier to slide over) from the wheelchair seat onto the seat of the bench,” he said.
  • Benches must be attached to a wall or provide a back rest so users will have something to lean against, Salmen added.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7732/ADA-standards-call-recreation-areas-into-focus

Comments Off on Hospitality Industry Legal Risks: Hotel Management Must Comply With Americans With Disabilities Act (ADA) Revisions Concerning Recreational Areas; Exercise Rooms, Saunas And Benches Are Areas Of Concern

Filed under Guest Issues, Insurance, Legislation, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training

Tagged as , , , ,

by | March 7, 2012 · 1:46 am

Hospitality Industry Employment Risks: Hotel Management Compliance Audits Can Expose Potential Labor Department "Wage And Hour Division" Violations

• Make sure nonexempt employees are paid the required minimum wage. The current federal rate is $7.25 per hour (some jurisdictions require a higher rate).  Review deductions to ensure that they do not cut employees’ pay below the minimum wage.
• Be certain nonexempt employees are paid the required overtime. Ensure that all bonuses, shift differentials, service charges and other payments are properly included in computing overtime and that deductions do not improperly cut into overtime pay. 
• Pay special attention to whether nonexempt employees accurately record all worktime. Nonexempt employees must record pre- and post-shift work; shift-change overlap; opening or closing activities; compensable training time, meeting time, “on-call” work; and time spent doing work at home. Employees must record meal time and other non-compensable break time, and they must be paid when they do not take that time off. 
• Be sure that all “exempt” employees meet the requirements for exemption. Review the criteria defining who may be treated as exempt from the Fair Labor Standard Act’s minimum-wage and/or overtime requirements. “Salaried” employees are not necessarily exempt. Certain positions such as sous chefs and sales managers are vulnerable to challenge. 
• Make certain that exempt employees are paid on a salary basis. The most common FLSA exemptions require that such employees be paid on a “salary basis” and thus receive a fixed, predetermined amount for every workweek in which the employee performs any work, without regard to the number of days or hours worked or the quality of work. Salary deductions are very limited. 
• Strictly comply with child-labor restrictions. There is an age 16 limit for general occupations and an age 18 limit for occupations declared “hazardous” by the U.S. Secretary of Labor. 14 and 15 year olds may be employed in limited occupations, within strict hours and times of day limitations. Identify every employee who is 16 or 17, verify his or her age and exact duties. Identify every employee under 16, verify his or her age, exact duties and hours and times of work.
• Comply with all state and local wage-hour requirements. The FLSA does not preempt tougher state or local provisions. These other laws might include a higher minimum wage; daily overtime; minimum pay for reporting to work; more rigorous child-labor limitations; prohibitions on wage deductions; and time limits for paying employees who resign or are fired.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7679/Government-audits-Get-your-house-in-order

Comments Off on Hospitality Industry Employment Risks: Hotel Management Compliance Audits Can Expose Potential Labor Department "Wage And Hour Division" Violations

Filed under Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management, Training

Tagged as , , , , ,

by | March 4, 2012 · 7:39 am

Hospitality Industry Employee Risks: Labor Department Orders South Dakota Hotel To "Pay Back 72 Foreign Workers" For "Impermissible Recruitment Fees"

“…since 2009 Labor Department rules have required businesses to agree it “has contractually forbidden any foreign labor contractor or recruiter whom the employer engages in international recruitment of H-2B workers to seek or receive payments from prospective employees.”

“…Global Employment Agency required impermissible payments from prospective employees from $530 to $1,500…”

The Labor Department announced it had ordered Custer State Park Resorts to pay back $93,000 to its 72 foreign workers hired for the 2010 tourism season. The payments covered impermissible recruitment fees and unpaid overtime. The department fined Custer State Park Resorts an additional $65,000 in civil penalties, which it is appealing. Each year, Custer State Park Resorts hires about 375 to 400 employees, with fewer each year being guest workers, Schmaltz said.

Schmaltz said the unpaid overtime resulted from confusion in the guest worker rules. The bulk of the Labor Department fine Schmaltz said – roughly $60,000 – is repayment for fees taken by Kaubisch.

“We relied too heavily on this vendor who was supposed to know the laws and regulations,” Schmaltz said. “We put too much faith into what Scott knew.”

Kaubisch said he charged the fees to workers “to take care of them.” He took phone calls at all hours, arranged rides and helped secure housing for guest workers. It wasn’t until the investigation last spring, Kaubisch said, that Labor Department officials told him collecting fees was illegal.

Read more: http://rapidcityjournal.com/news/employers-ordered-to-pay-back-foreign-staff/article_1eea0e92-65a9-11e1-886a-001871e3ce6c.html#ixzz1oA6hDlvr

Comments Off on Hospitality Industry Employee Risks: Labor Department Orders South Dakota Hotel To "Pay Back 72 Foreign Workers" For "Impermissible Recruitment Fees"

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

Tagged as , , , ,

by | March 3, 2012 · 6:56 am

Hospitality Industry Social Media Risks: Hotel Management Faces Legal Issues With Regard To "Relationships" Of Employees Discovered On Facebook

While platforms such as Facebook and Twitter present new opportunities for training and engaging with employees, they also bring new challenges and wrinkles to the age-old workplace policies and practices…(such as)… two of your most exemplary employees who work the front desk..(who)… one day via a Facebook update… entered into a relationship despite your hotel’s strict policy against it…”

“…A user who posts something on Facebook without the proper security filters does so with no expectation of privacy…”

The above scenario was one of many social-media quandaries presented during a table-top summit Tuesday at the 6th Annual HR in Hospitality Conference & Expo.

In this situation, you could fire Johnny, according to Gregg Gilman, an attorney with New York-based Davis & Gilbert LLP. A user who posts something on Facebook without the proper security filters does so with no expectation of privacy, he said. Thus, you treat the case as if you discovered the illicit relationship in one of the “old-fashioned” ways, such as hearing about it from another employee or observing certain tip-offs. 

“You have this new medium, but the same old rules apply,” Gilman said. “… If you operate by those rules, you’re going to be OK.”

Robert Mellwig, VP of HR for Englewood, Colorado-based Destination Hotels, agreed. “We don’t want to get distracted around the technologies,” he said. “… It could easily happen in any other form.”

Where an employer might get into trouble is if they “friend” an employee on Facebook under false pretences for the sole purpose of uncovering activity that runs counter to workplace policy, Gilman said.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7665/Social-media-brings-new-legal-issues-to-hotels

Comments Off on Hospitality Industry Social Media Risks: Hotel Management Faces Legal Issues With Regard To "Relationships" Of Employees Discovered On Facebook

Filed under Labor Issues, Liability, Management And Ownership, Privacy, Risk Management, Technology, Training

Tagged as , , , , ,

by | February 29, 2012 · 8:01 am

Hospitality Industry Employment Risks: Hotel Management And Owners Must Have Firm And Comprehensive Policies For Hiring And Classifying New Employees

Hiring

Background checks are routine now, but one size does not fit all, explained Paul Wagner, shareholder of Ithaca, New York-based Stoke Roberts & Wagner. Know the different rules for each jurisdiction.

  • Beware of process and policy around background checks, where decisions might create discrimination issues related to U.S. Title VIII, or the Fair Housing Act, said David Sherwyn, professor at the Cornell University School, of Hotel Administration.
  • Ensure new hires don’t have restrictive covenants from prior employers, said Gregg Gilman, partner with New York-based law firm Davis & Gilbert LLP. Be sure to tell new hires explicitly, “We don’t’ want your former employers’ trade secrets.” “We’re seeing more and more of this kind of litigation,” Gilman said, adding it’s very expensive and disruptive to defend.

Classifications

 The U.S. Department of Labor’s definition of an independent contractor is not the only factor used in determining who is an employee. The courts use a more expansive test when determining who can file Title VII claims, which prohibits employment discrimination based on race, color, religion, sex and national origin, Sherwyn said. “The issue here is that people sometimes relax a little bit with contractors,” he said. Even if someone is not directly employed by your organization (i.e. a contractor) that person can still bring litigation against you.

  •  In light of increased enforcement by the DOL, companies should have protocols in place before classifying independent contractors, Gilman said. Have a written agreement stating the independent contractor is just that. And avoid the “perma-lancer,” or those permanent freelancers, who are more likely to be classified as regular employees, he said.
  • Self audit often, said Ilene Berman, a partner with Atlanta-based Taylor English Duma LLP. Annually review any exempt employee with “assistant” in the name as well as sous chefs and sales managers. Those are the positions most frequently targeted by plaintiff attorneys.
  • Check local and state laws because exempt in other states does not mean exempt in California, said Nancy Yaffe, partner with Los Angeles-based Fox Rothschild LLP. California is a different beast, she added. You have to analyze employee classifications on a continuous basis.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7647/26-legal-tips-for-hotel-HR-professionals

Comments Off on Hospitality Industry Employment Risks: Hotel Management And Owners Must Have Firm And Comprehensive Policies For Hiring And Classifying New Employees

Filed under Labor Issues, Management And Ownership, Risk Management, Training

Tagged as , , , , ,

by | February 27, 2012 · 9:28 am

Hospitality Industry Terrorism Risks: FBI And Bureau Of Justice Assistance (BJA) Release List Of "Suspicious Activities" Hotels Should Be Aware Of

The FBI and the BJA set up a joint regional intelligence center, a hotline, and published a Release with some tips specifically for hotels and motels:

  • Request specific room assignments or locations.
  • Use cash for large transactions or a credit card in someone else’s name.
  • Arrive with unusual amounts of luggage.
  • Make unusual inquiries about local sites, including government, military, police, communications, and power facilities.
  • Refuse cleaning service over an extended time.
  • Use entrances and exits that avoid the lobby.
  • Abandon a room and leave behind clothing and toiletry items.
  • Do not leave their room.
  • Change their appearance.
  • Leave the property for several days and then return.
  • Thefts of official vehicles, uniforms, identification, and access cards.

    Reports of guest rooms with:
  • Burn marks or discoloration on the walls or door.
  • Unusual odors or liquids seeping from a guest room.
  • Unusual amounts of traffic.

Discovery of unusual items in guest rooms or facility dumpsters:

  • Fertilizer or agricultural products.
  • Chemicals or chemical containers.
  • Fuel or fuel containers.
  • Weapons, ammunition, and explosives.
  • Extremist training manuals or literature.
  • Fraudulent credit cards or documents.

Parked vehicles in isolated areas.


For more:  http://www.4hoteliers.com/4hots_fshw.php?mwi=6658

Comments Off on Hospitality Industry Terrorism Risks: FBI And Bureau Of Justice Assistance (BJA) Release List Of "Suspicious Activities" Hotels Should Be Aware Of

Filed under Crime, Guest Issues, Management And Ownership, Risk Management, Training

Tagged as , , , , , ,

by | February 15, 2012 · 8:32 am

Hospitality Industry Health Risks: California Hotel Employees Taken To Hospitals After Chlorine Gas Release; Worker Accidently Mixed Bleach And Fluorosilic Acid

The accident happened when a worker accidentally mixed bleach and fluorosilicic acid.

Thirty Portola Hotel and Spa employees, mostly housekeepers, were back on the job Tuesday after being taken to three area hospitals Monday because of a chlorine gas release, said Janine Chicourrat, the hotel’s general manager.

“We’re having a better day today than we did yesterday,” she said.

Chicourrat said she has met with Cal-OSHA about the incident. “We’re just looking at all of our procedures together,” she said.

Republican presidential candidate Mitt Romney stayed overnight Sunday at the Monterey hotel but left before the evacuation of guests and workers.

Romney’s swift visit to the Peninsula was confirmed by local Republican Party spokesman Paul Bruno after the former Massachusetts governor’s campaign staff also confirmed it to local media.

For more:  http://www.montereyherald.com/local/ci_19965777/monterey-hotel-workers-back-job-after-chlorine-gas

Comments Off on Hospitality Industry Health Risks: California Hotel Employees Taken To Hospitals After Chlorine Gas Release; Worker Accidently Mixed Bleach And Fluorosilic Acid

Filed under Guest Issues, Health, Labor Issues, Management And Ownership, Risk Management, Training

Tagged as , , , ,

by | February 8, 2012 · 7:36 am

Hospitality Industry Health Risks: Texas Hotel Sued Over "Toxic Mold" In Room That Sickened Guest

“…the defendants “knew or should have known that the dangerous condition, toxic mold, existed on said premises, but failed to warn and/or failed to correct the said dangerous condition…the toxic mold caused the plaintiff’s personal injuries and property damage in question,” the suit says…”

Friendswood resident Stacy Johnson is suing Park Management Group and Sun Suites Interests alleging she was sickened by toxic mold in a hotel room.

Johnson’s lawsuit, filed Feb. 1 in Galveston County Court at Law No. 1, alleges the plaintiff fell ill on Aug. 3, 2010, as a result of toxic mold found in a room at Sun Suites of Clear Lake in Houston.

Park Management Group was responsible for the safety and habitable state of the rooms at the property in question while Sun Suites Interests owned said property, the suit says.

The original petition shows subsequent tests confirmed that the mold was in Johnson’s room and it was recommended that she not stay in the room.

For more:  http://www.setexasrecord.com/news/241622-woman-sues-hotel-claiming-toxic-mold-made-her-sick

2 Comments

Filed under Claims, Guest Issues, Health, Injuries, Insurance, Liability, Management And Ownership, Training

Tagged as , , ,

by | February 7, 2012 · 7:41 am

Hospitality Industry Employee Risks: Alaska Hotel Operator Ordered By Federal Judge To "Restore Terms And Conditions Of Employment" Prior To 2009 Union Negotiation Stoppage

 “…The injunction comes after a three-year legal battle. It requires the Sheraton take steps to restore the terms and conditions of employment as they existed prior to the hotel’s decision to stop union negotiations in 2009…”

Anchorage hotel workers are celebrating after a federal judge issued a preliminary injunction against Remington Hospitality, the Texas-based operator of the city’s Sheraton Hotel.

Fay Gavin, a banquet server with 24 years with the Sheraton says she joined the lawsuit after management started doing things like cutting lunch breaks, increasing workload and giving away hours to temp workers.   The injunction, she says, is a step in the right direction.

“With this injunction we’re going to get our seniority back. With seniority, hopefully some of us will have an income again. And then down the road, the fired employees will be coming back, we hope to get back and get a contract, a fair contract and have respect again,” Gavin said.

For more:  http://www.alaskapublic.org/2012/02/06/judge-issues-preliminary-injunction-against-sheraton-hotel-operator/

Comments Off on Hospitality Industry Employee Risks: Alaska Hotel Operator Ordered By Federal Judge To "Restore Terms And Conditions Of Employment" Prior To 2009 Union Negotiation Stoppage

Filed under Labor Issues, Liability, Management And Ownership, Training

Tagged as , , , , ,

by | February 6, 2012 · 8:23 am

Hospitality Industry Health Risks: South Carolina Hotel's Swimming Pool Heater May Have Been Leaking Carbon Monoxide For Weeks Prior To Guest's Death

Investigators say the hotel’s swimming pool heater leaked carbon monoxide sometime during the night, killing Moran and injuring at least 17 others. Carbon monoxide readings at the hotel reached 500 and 600 parts per million, South Charleston Fire Chief Greg Petry said. Authorities say any reading over 30 parts per million is cause for concern.

“…(a guest)… speculated that his death was caused by the swimming pool before investigators confirmed that carbon monoxide leaked from the pool’s heater…”

Staff members at the Holiday Inn Express in South Charleston were aware of a problem with their swimming pool 10 days before an apparent carbon monoxide leak from the pool’s heater killed one and injured several others Tuesday, two Randolph County women said this week.

Lori Burnside, 40, of Montrose, and Danielle Mallow, 38, of Elkins, stayed at the Corridor G hotel with their two daughters on Jan. 21, but said they did not get any sleep because the hotel’s fire alarms kept them awake during the night.

The alarms were blamed on a problem with the indoor swimming pool, they said, which had to be constantly ventilated by the hotel staff.

For more:  http://wvgazette.com/News/201202040030?page=2&build=cache

Comments Off on Hospitality Industry Health Risks: South Carolina Hotel's Swimming Pool Heater May Have Been Leaking Carbon Monoxide For Weeks Prior To Guest's Death

Filed under Guest Issues, Health, Injuries, Insurance, Labor Issues, Liability, Maintenance, Management And Ownership, Pool And Spa, Training

Tagged as , , , , , ,