Tag Archives: Compliance

by | January 30, 2012 · 9:07 am

Hospitality Industry Legal Risks: Hotel Owners And Management Will Face Numerous Compliance And Regulatory Issues In 2012

“The biggest issue hotel managers face in the coming year vis-à-vis the law is compliance with the myriad applicable statutes, rules and duties owed…”

A hotel faces potential legal consequences for all of the following:

  • negligence in the maintenance of its premises
  • failure to comply with the Fair Labor Standards Act (minimum pay, overtime pay, equal pay, child labor)
  • discrimination against employees based on minority status
  • denial of services to guests perceived as illegal discrimination
  • contending with internet reviews, disagreements with a franchisor
  • overstepping bounds with unions
  • misapplying tip pools
  • eradicating bed bugs and other pests
  • dram shop violations
  • food issues
  • security concerns
  • insufficient insurance
  • trademark and copyright violations
  • securing and maintaining necessary business licenses
  • tax obligations
  • sanitation issues in spas
  • contract disagreements with suppliers
  • guests’ rights to privacy
  • SEC mandates
  • Managing employees to ensure compliance with all of the above, and much more.

For more:  http://www.hospitalitynet.org/news/154000320/4054640.html

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by | December 7, 2011 · 7:58 am

Hospitality Industry Employment Risks: "Americans With Disabilities Act" Amendment Has Broadened Definition Of "Disability"; "Employment-Practices Liability" Claims Expected To Rise Dramatically

“…As a result of the EEOC rulings, which broaden the definition of disability to include protections for employees with, for example, cancer, diabetes or epilepsy… the definition of disability under the law was “significantly expanded” by the ADAAA, and she also expects claims numbers to grow as a result.”

“…A person with diabetes…you must provide reasonable accommodations—a place to test blood sugar, a break to take medications and time to rest…”

“…It’s cheaper to purchase (the proper Employment-Practices Liability coverage] than to defend yourself against one of these claims…”

Steps taken by federal officials to broaden the definition of “disability” is putting pressure on employers—and insurers are forecasting an increase in employment-practices liability (EPLI) claims.

The Americans with Disabilities Act Amendments Act (ADAAA), which went into effect on Jan. 1, 2009, directed the U.S. Equal Employment Opportunity Commission (EEOC) to revise its regulations “to restore the intent and protections” of the original act, and to address what lawmakers felt was a too-narrow view taken by courts of the original ADA provisions.

For more:  http://www.propertycasualty360.com/2011/12/01/ada-amendments-broader-definition-likely-to-cause

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

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by | October 16, 2011 · 7:06 am

Hospitality Industry Legal Risks: "Enabling Independence: Service For Guest With Disabilities" Outlines "Americans With Disabilities Act" (ADA) Compliance (Video)

[youtube=http://www.youtube.com/watch?v=nIGw7QKOJnY&feature=player_embedded]

This video “Enabling Independence: Service for Guests with Disabilities” outlines how the American Disabilities Act (ADA)affects the hospitality industry. It highlights the unique needs of guests with various disabilities and identifies how lodging employees can accommodate their desire for independence. It also covers expanded ADA requirements regarding power-driven mobility devices, service animals, and practical steps you can take to ensure the safety and satisfaction of guests with disabilities.

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by | July 15, 2011 · 6:36 am

Hospitality Industry Federal Law Compliance: Hotel Management Must Have Comprehensive Knowledge Of "Americans With Disabilities Act" (ADA) Regulations

For more:  http://www.ahla.com/knowledge/

 

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by | June 5, 2011 · 9:50 am

Hospitality Industry Legal Risks: Amended "Americans With Disabilities Act" (ADA) Became Law On May 24 With Potential For "Increased Frequency Of Litigation Losses"; Management Must Improve Accomodation Efforts

“…under the amended act, an employee who suffers from depression may be able to function quite normally with the aid of medication but will still be considered to be disabled and will need to receive accommodation….”

“…the frequency of discrimination claims will likely increase — as will the frequency of litigation losses — but she says the severity of individual claims will likely not change all that much, with class actions in this field being a rarity…”

Existing employment-practices liability insurance policies shouldn’t have to be rewritten or modified, she says. “We would push back on any attempt to limit coverage just because the act has been expanded.”

Employers, however, should be integrating their disability-management programs to include non-occupationally injured and ill employees, and not just workers’ compensation cases, according to Pimentel.

“That is the big trend, and by the way, from an ADA-compliance standpoint, I recommend employers take a close look at doing that,” Pimentel says.

Employers should also be revisiting how much training they are doing among their supervisors on employee etiquette, language and comfort levels in communicating with disabled employees, he advises.

“Talking to them about their needs for accommodation is … an enforced requirement under the law,” Pimentel says.

For more:  http://www.hreonline.com/HRE/story.jsp?storyId=533338925

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

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by | February 16, 2011 · 4:18 am

Hospitality Industry Legal Risks: The 2012 "Americans With Disabilities Act" (ADA) Update Will Impact Hotel Ballrooms, Gyms, Spas And Employee Areas

“…the changes that are most significant to the hotel industry will affect public spaces, such as ballrooms and assembly areas, gyms, spas and employee areas…”

“…the current standards mandate that if you have six toilet compartments in a restroom, not only does one have to be a large ADA stall, but you have to have a second ADA stall that’s designed for people who have mobility issues. The second stall must be narrower and have rails on both sides…”

The new requirements take effect on 15 March 2012. Because the new rules will not be requirements for more than a year, any new development or remodeling completed before the new law goes into effect will be considered compliant.

The new standard is triggered by six fixtures, not compartments, in any combination of toilets or urinals. If the bathroom has only two stalls, one has to be the big ADA stall and the other has to be for those with mobility problems.

Other changes, according to sources:

  • The amount of counter space provided in the bathrooms of accessible rooms must be equivalent to the space provided in non-accessible rooms.
  • There is more explicit information about the acceptable depth of counters, which would apply to registration counters and counters in retail areas.
  • Swimming areas and spas are subject to expanded rules on accessible routes. Depending on the size of the pool, there may be a requirement for more than one access route into the pool, such as a ramp and stairs with handrails.
  • If there are multiple elevators that respond to the same call button, all elevators must be compliant instead of just one so that someone in a wheelchair doesn’t have to wait for the accessible one.
  • The disabled must be able to make reservations for guestrooms in the same manner as anyone else; if a hotel has an online system, they have to be able to reserve an accessible room online.
  • There are increased requirements for accessible routes within buildings.

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by | January 24, 2011 · 7:43 am

Hospitality Industry Payment Systems Risk: Process, Controls & Instrumentation (PCI) Compliance In America Must Address "More Secure Methods Of Payment Authorization"

“…more incentives (should be) put in place to encourage more secure methods of payment authorization. One example of this is the “chip and PIN” system in use outside of the United States. In this system, credit cards use a tiny PIN-activated microchip that protects payment information...”

“As it stands, virtually every Western and Eastern nation have migrated to this (system)…which countries haven’t? Iran and the U.S.”

Data security also is going to be a major focus at this year’s Hospitality Law Conference.

Right now, liability is on the merchants’ side of things but not on the payment systems, and that has to change, said Cannon, who is counsel to the Merchants Payment Coalition.

“Right now, all liability runs downhill and at the bottom is the merchants’ coalition and, partially, the hospitality industry,” he said.

The federal government is reviewing the issue of data security liability and could potentially come up with a new way of assigning liability by 21 July of this year.

“In terms of the regulatory process, this is the speed of light,” Cannon said.

For more:  http://www.hotelnewsnow.com/Articles.aspx/4809/Hospitality-Law-event-to-examine-privacy-PR

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