Hospitality Industry Legal Risks: California Restaurant Ordered To Pay $5.68 Million In “Age Discrimination” Lawsuit; Acted With “Fraud & Malice” After Terminating Four “Older” Women

“…a second phase of trial the same day, the jury added a combined total of $4 million in punitive damages after finding that the restaurant Hospitality Industry Discrimination Lawsuitsacted with fraud, oppression and/or malice after terminating all four, then replacing them within a short time with younger women in their 20s…the restaurant was advertising for the plaintiffs’ replacements even after promising them that their minimum-wage jobs were safe, according to their attorney…”

Four former servers at a Woodland Hills restaurant were collectively awarded $5.68 million in a lawsuit alleging they were laid off from their jobs because of their ages. The plaintiffs, Martha Aboulafia, 61, Cheryl B. Colgin, 61, Regina Greene, 49, and Patricia Monica, 70, had a combined 47 years of service at Cable’s Restaurant at 20929 Ventura Blvd. All were let go by the restaurant’s new owner in 2010, according to trial testimony.

The women sued Cable’s and its owners, GACN Inc., in Los Angeles Superior Court in September 2011, alleging age discrimination and wrongful termination. On Dec. 17, a jury deliberated for less than two hours before unanimously awarding a combined $1.68 million in compensatory damages to the women for lost wages and emotional distress.

For more:  http://www.dailynews.com/business/20131224/4-woodland-hills-restaurant-workers-awarded-57m-in-age-discriminaton-lawsuit

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Hospitality Industry Legal Risks: North Carolina Restaurant Settles EEOC “Religious Discrimination” Lawsuit For $40,000; Veteran Female Worker Fired For “Refusing To Wear Pants To Work”

The EEOC’s complaint alleged that the  companies informed Silver she must wear pants to work because of their dress  code policy.  According to Equal Employment Opportunity Commissionthe EEOC,  Silver told Scottish Food Systems and Laurinburg KFC Take Home she could not  wear pants because of her religious beliefs.   However, the companies ultimately fired her for refusing to wear pants  to work.

Scottish Food Systems,  Inc. and Laurinburg KFC Take Home, Inc. will pay $40,000 and furnish other  relief to resolve a religious discrimination lawsuit filed by the U.S. Equal  Employment Opportunity Com­mission (EEOC), the agency announced today.  Scottish Food Systems and Laurinburg KFC Take  Home are based in Laurinburg, N.C.  and  jointly operate a chain of Kentucky Fried Chicken restaurants in North  Carolina.

According to the EEOC’s complaint, Sheila  Silver converted to Pentecostalism in 2010.   As a member of the Pentecostal church, Silver believes women cannot wear  pants.  In accordance with this religious  belief, Silver has not worn pants since the fall of 2010.  Silver has worked for various Kentucky Fried  Chicken restaurants since 1992.  Scottish  Food Systems and Laurinburg KFC Take Home purchased the KFC restaurant where  Silver worked in Rocky Mount, N.C., in April 2013.

Such alleged conduct violates Title VII of the Civil  Rights Act of 1964 (Title VII), which requires employers to reasonably  accommodate an employee’s religious beliefs as long as doing so would not pose  an undue hardship.  The EEOC filed suit on  September 19, 2013 in U.S. District Court for the Middle District of North  Carolina (EEOC v. Scottish Food Systems,  Inc. and Laurinburg KFC Take Home, Inc., Civil Action No. 1:13-CV-00796)  after first attempting to reach a pre-litigation settlement through its  conciliation process.

In  addition to monetary damages, the three-year consent decree resolving the suit  requires Scottish Food Systems and Laurinburg KFC Take Home to adopt a formal  religious accommodation policy and to conduct an annual training program on the  requirements of Title VII and its prohibition against religious discrimination.  Scottish Food Systems and Laurinburg KFC Take  Home will also post a copy of their anti-discrimination policy at all of their  facilities.

“Employers  must accommodate an employee’s sincerely held religious belief when such an  accommodation would not pose an undue hardship,” said  Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District  Office.  “This case demonstrates the  EEOC’s continued commitment to fighting religious discrimination in the  workplace.”

The EEOC is responsible for enforcing  federal laws prohibiting discrimination in employment.  Further information about the EEOC is  available on its web site at www.eeoc.gov

For more: http://www.eeoc.gov/eeoc/newsroom/release/12-23-13.cfm

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Hospitality Industry Safety Risks: Texas Hotel Faces “Wrongful Death” Lawsuit; Guest Falls Off “Defective Treadmill”

“…During his stay, (the deceased) went to use the property’s exercise room where he got on a treadmill maintained by Exer-Tech, according to the Hospitality Industry Wrongful Death Lawsuitssuit…a “defective” condition in the treadmill caused him to fall and strike his head (causing) a serious injury to his head which in turn resulted in his death…”

The family of a man who allegedly sustained a fatal head injury while working out at a Houston hotel has pursued legal action, recent court documents say. The late William Lake III’s widow and their three minor children filed a lawsuit against Marriott Hotel Services Inc. and Exer-Tech Inc. in Harris County District Court on Nov. 14.

Houston federal court received the case on Dec. 18. At the time of the events of last May 15, Lake was a paying guest at the Houston Marriott George Bush Intercontinental Airport.

His survivors fault Marriott for failing to address the treadmill’s allegedly dangerous condition while Exer-Tech is blamed for allegedly failing to properly maintain and repair the device. Consequently, the plaintiffs seek unspecified monetary damages.

For more:  http://setexasrecord.com/news/292891-family-asserts-defect-in-hotel-treadmill-caused-mans-fatal-head-injury

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Hospitality Industry Employment Risks: California Restaurant Group Settles “Religious Discrimination” Lawsuit With EEOC For $50,000; Trainer Fired For Growing Beard

“…The EEOC had charged that a restaurant formerly owned by McDonald’s in Fresno refused a request from a Muslim employee, a crew trainer, Equal Employment Opportunity Commissionto grow a beard for religious reasons which lead to his constructive discharge in September 2005…Aside from the monetary relief for the crew trainer, the two-year consent decree settling the suit provides that McDonald’s will reinforce training of its managers and staff and redistribute its existing policies related to religious discrimination and accommodation…”

McDonald’s Restaurants of California, Inc. will pay $50,000 and furnish other relief to settle a religious discrimination lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which requires that employers make reasonable accommodations to the sincerely held religious beliefs of employees and applicants as long as this causes no harm to the business.  The EEOC filed suit in U.S. District Court for the Eastern District of California (EEOC v. McDonald’s Restaurants of California, Inc., Case No. 1:13-cv-02065AWI-SAB) after first attempting to reach a pre-litigation settlement through its conciliation process.

“We commend McDonald’s for its commitment to training and ensuring that its staff and managers are well-versed on laws relating to religious discrimination,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office.  “We hope other employers follow McDonald’s lead in promoting training and development of extensive anti-discrimination policies.”

Melissa Barrios, director of the EEOC’s Fresno Local Office, said, “Workers have the right to request an accommodation which would allow them to work while still practicing their religious beliefs.  Employers must consider such requests and ensure that no negative actions are taken against workers who exercise this right.”

The EEOC is the federal agency that enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.

For more: http://www.eeoc.gov/eeoc/newsroom/release/12-20-13a.cfm

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Hospitality Industry Safety Risks: Kentucky Motel Faces $1.1 Million “Negligence Lawsuit” After Guest Is Injured By Collapsed External Stairway

“…(the plaintiff) suffered broken heels and ankles in both legs, three broken bones in her lower back and multiple lacerations and bruises Hospitality Industry Injury Lawsuitsfollowing the April 23 stairway collapse…the defendants were negligent by “specifically allowing or creating a hazardous condition in the stairwell of the premises by failing to ensure that the steps were safe for use …” She also alleges the owners and manager should have known about the unstable stairwell. She is asking the court to award her $200,000 in medical expenses, $500,000 for pain, suffering and mental distress and $400,000 for future impairment to earn a living…”

A woman who was injured earlier this year after an external stairway collapsed at Richmond’s Super 7 motel suffered serious injuries that may make it impossible for her to work again, according to a lawsuit she has filed. Amanda R. Williams is suing the owners and operators of the motel, Richmond Host LLC and Alisha LLC, and the motel’s local manager, Paul Patel.

Williams said she must wear a back brace and is “confined to a wheelchair.” Both her legs are in boots, and she is under the care of a orthopedic doctor and a neurosurgeon in additional to receiving physical therapy, according to her suit.

See more at: http://www.richmondregister.com/localnews/x1250993435/Woman-details-injuries-suffered-in-motel-stairway-collapse#sthash.MR4LdSyZ.dpuf

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Hospitality Industry Risk Solutions: “2014 Hospitality Insurance & Loss Prevention Summit” On February 10 Presented By Petra Risk Solutions

Hospitality Insurance & Loss Prevention Summit Feb 10 2014 Petra Risk Solutions2014-HLC-Brochure-12-13-20131

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by | December 20, 2013 · 6:45 am

Hospitality Industry Technology Solutions: Hotels Partner With Google To Present Guests With “360-Degree Panoramic Virtual Tours” On Websites

“…Google Business Photos are 360-degree tours powered by Google Street technology. Many businesses have used the technology since Google introduced it in 2010, but a growing number of hotel companies are now adopting it… “Since the 360-degree panoramic virtual tours are taken by Google Trusted Photographers, guests know that these tours are created by a trusted, third party.”

Hospitality Industry Technology SolutionsChekitan Dev, marketing professor at Cornell University’s School of Hotel Administration and author of Hospitality Branding, says other hotel companies will have to think more about visuals to compete with their counterparts.

USA Today

By Nancy Trejos

Hotels are partnering with Google to change the way travelers can view hotels even before they walk through the front entrance. Best Western International on Thursday will announce the launch of Google Business Photos for all 2,200 of its North American hotels. All hotels will have the virtual tours online by the end of 2014.

Carlson Rezidor Hotel Group, parent company of Radisson, Radisson Blu, and Country Inns & Suites, this month started a pilot program of the service with an initial rollout at its hotels in Chicago, Miami and metro Washington, D.C.

“It will allow you to virtually experience the hotel in the same way you would if you were there,” says Dorothy Dowling, senior vice president of marketing and sales for Best Western. “We personally believe that this is going to be a game-changer in the industry in redefining how photos will be consumed by the consumer.”

The photos are taken by photographers trained and certified by Google. Their still photographs are stitched into 360-degree views using panoramic camera technology. Travelers can see the photos when they search for the hotel on Google Search, Google Maps, Google+, and Google Hotel Finder. They’ll be able to take the interactive tours on their computers, smartphones or tablets. The hotels also can link to the images from their websites.

For more: http://www.usatoday.com/story/travel/hotels/2013/12/18/best-western-carlson-google-business-photos/4115185/

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Hospitality Industry Health Risks: Restaurants Must Institute Rigorous Policies To Comply With 2014 FDA “Gluten-Free” Preparation Mandates

“…Done correctly, a (restaurant) cook leaves the line, washes his hands, enters a walk-in and dons a clean apron and gloves. He then assembles the Gluten Free Restaurantspizza on a manufactured crust using tongs and a ladle set aside for that item. Once baked, the pizza is cut with a specific knife on a clean cutting board…He recently had his third-party toppings maker rework its recipes to ensure they were gluten-free…”

Many restaurant chains are instituting rigorous policies for preparing and serving gluten-free offerings as awareness of gluten allergies and intolerance rises.

And while several operators said only about 1 percent to 3 percent of customers request gluten-free items, all insisted that taking extra effort to make such foods safely is good for business — and will keep them in compliance with upcoming mandates from the Food and Drug Administration.

At 60-unit Costa Vida, gluten-free corn tortillas are cooked first thing in morning so the comal can be sanitized and readied for flour tortillas. Corn tortillas are then stored in a closed container and opened only when necessary.

For more: http://nrn.com/health-amp-nutrition/restaurants-tighten-gluten-free-operations

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Hospitality Industry Property Risks: Wisconsin Hotel Fire Likely An Electrical Short Tied To Bathtub Overflow; “Fire Stops” Limit Damage

“…(the fire likely started in the area where) a bathtub on the second floor overflowed for an extended period of time…the fire was likely electrical Hotel Fire and Smoke Damagein nature…Most of the damage was limited to the back one-third of the hotel, thanks to the building’s design, which includes “fire stops” — concrete barriers between sections of larger buildings that help keep potential fires from spreading…”

Investigators say a fire that tore through the Days Inn in Wausau Saturday evening started in the same area where a bathtub overflowed earlier in the day. Investigators from the Wausau Police Department, Wausau Fire Department, and the State Fire Marshal’s Office were at the hotel at 116 S. 17th Ave. Sunday to look into the cause of the blaze that displaced at least 20 long-term residents.

Wausau Police Capt. Greg Hagenbucher said investigators were notified of an incident earlier on Saturday where an amount of water damage was caused when a bathtub on the second floor overflowed for an extended period of time. The damage occurred in the same area where the fire was discovered. Hagenbucher said the fire was likely electrical in nature and does not appear suspicious.

For more: http://www.wisconsinrapidstribune.com/article/20131215/WRT01/312150299/Updated-Days-Inn-fire-likely-electrical-tied-water-damage-from-overflowing-bathtub

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Hospitality Industry Property Risks: Idaho Hotel Suffers Water Damage To Lobby And Parking Garage When “Frozen” Fire Suppression Pipe Bursts

“…it took some time for Boise firefighters to stop the broken line, drain the water and help dry out the lobby of the hotel and Hotel Water Damagethe parking garage…(hotels must) take some precautionary measures to keep pipes from freezing and especially as they start to thaw (such as) wrapping the pipes with heating tape…”

Saturday night at the Hampton Inn in Boise’s downtown a thawing fire suppression pipe burst and sent water surging. A first person video shows the amount of water that came flowing inside the parking garage, which Captain Ramey said was due to a frozen fire suppression pipe that was expanding and thawing.

It was not the first time the fire crews responded to the report of burst pipes as the temperatures in the Treasure Valley started to warm after our recent cold snap. Last Tuesday, pipes burst at the Tavern at Bown Crossing causing damage inside the building and forcing the restaurant to close for a couple days. Also, United Power workers were out last week helping more than 70 customers thaw  their pipes.

General Manager of the Hampton, Erik Hansen, said the pipe burst in the garage area, which is not heated and the water poured below denting one car and covering another with water.

Hansen said they actually had a fire suppression pipe burst during last winter’s cold snap. It was in a completely different area of the building. He says they will now likely be wrapping the pipes with heating tape.

For more:  http://www.ktvb.com/news/Pipe-bursts-and-surges-through-Bodo-hotel-and-parking-garage-235964821.html

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