Tag Archives: Employees

Hospitality Industry Employment Risks: Hawaii Restaurant Settles EEOC “Sexual Harassment And Retaliation” Lawsuit For $350,000; Young Female Workers Assigned Less Favorable Shifts

“…The federal agency filed suit in 2011, later amending its complaint to charge that at least 10 female staffers were sexually harassed by several male employees, Equal Employment Opportunity Commissionincluding managers…The agency further alleged that some employees were subjected to retaliation after complaining about the alleged harassment. The EEOC also alleged that the women were also treated less favorably than men in the workplace: they were passed over for promotions, assigned less favorable shifts and earned less than their male counterparts…”

La Rana Hawaii, LLC, doing business as Señor Frog’s, a popular Mexican-themed restaurant and bar in Honolulu, will pay $350,000 to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of 13 female employees who were allegedly sexually harassed or retaliated against between 2007 and 2012, the federal agency announced today.

The EEOC alleged that the managers subjected employees to sexual comments, language and advances, and unwelcome physical contact. The alleged behavior violated Title VII of the Civil Rights Act of 1964. The EEOC filed suit (EEOC v. La Rana Hawaii, LLC dba Señor Frog’s & Altres, Inc., Case No. CV-11-00799 LEK BMK) after first attempting to resolve the matter through its conciliation process.

As part of the settlement announced today, the parties entered into a three-year consent decree requiring La Rana Hawaii, LLC to pay $350,000 to 13 female claimants. The company closed its Honolulu establishment in August 2012. Notwithstanding, if La Rana chooses to open another restaurant or chooses to reopen the Señor Frog’s in Hawaii, the consent decree requires substantial injunctive relief including the creation and distribution of an anti-harassment policy along with annual training for all restaurant employees to prevent future instances of sexual harassment, discrimination and retaliation. The EEOC will monitor compliance with the agreement.

Altres Inc., a Hawaii staffing company, was contracted by La Rana Hawaii to provide human resources services and oversee the company’s non-management staff during the time in question. The EEOC also named Altres in its lawsuit; Altres previously settled with the EEOC for $150,000 and injunctive relief, including EEO training for its employees.

“Our young workers are all too often the targets of the most insidious forms of sexual harassment, which can spread like wildfire at work,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Hawaii in its jurisdiction. “Employers who fail to fulfill their moral and legal obligation to prevent and immediately stop the sexual abuse of its young workers will answer to the EEOC.”

Timothy Riera, local director for the EEOC’s Honolulu Local Office, added, “The EEOC takes workplace harassment against young workers very seriously. Through our Youth@Work outreach, we aim to educate America’s next generation of workers on their right to work in an environment free of harassment and discrimination and their right to report such abuses without retaliation.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-21-13.cfm

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions

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Petra Risk Solutions Education Partners

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

Hospitality Industry Employment Issues: Restaurants Increasingly Use “Payroll Debit Cards” To Save Money And Time; Workers Must Be Legally Notified Other Payment Options Exist

For managers, Darden says the cards eliminate two hours of paperwork each pay period. Employees incur no fees if they use their cards at more Hospitality Industry Payroll Debit Cardsthan 40,000 Allpoint ATMs nationwide and make purchases at places that accept Visa cards…They can be a convenient option for workers who don’t have checking accounts, a common situation for many restaurant or retail workers. The National Restaurant Association says 30 percent of industry workers don’t have traditional checking accounts…The Consumer Financial Protection Bureau recently issued a warning to employers that federal law requires other pay options besides debit cards.

In Orlando, companies that swear by the payroll cards include Darden Restaurants, Tony Roma’s, and Smokey Bones Bar & Fire Grill. Nationwide, the number of such cards is expected to more than double in five years to 10.8 million, according to business-research company Aite Group.

The cards save employers money and time. But workers who aren’t careful about where they use the cards can rack up fees, which has put payroll cards under scrutiny. New York’s attorney general is investigating more than 40 companies, including Darden, asking for information about fees and seeking proof that workers know they can receive their pay in other ways.

At Darden, which owns chains including Olive Garden and Red Lobster, new employees automatically are set up to receive debit cards, but they can make a phone call or go online to opt out. Now, 48 percent of Darden’s workers use the debit cards, and 50 percent have direct deposit. Only 2 percent receive traditional checks.

Consumer advocates frown on the automatic signup, saying employees should make the choice upfront. Darden said the cards are more convenient than paper checks, which used to be the automatic payment method.

For more:  http://articles.orlandosentinel.com/2013-10-06/business/os-cfb-cover-payroll-cards-20131006_1_debit-cards-payroll-cards-such-cards

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Filed under Employment Practices Liability, Labor Issues, Liability, Risk Management, Technology

P3 Hospitality Industry Risk Report: “New I-9 Documents” By Petra Risk Solutions’ Director Of Human Resources Sharyn Maldonado, PHR

[vimeo http://vimeo.com/69501224]

P3Petra Risk Solutions’ Director Of  Human Resources, Sharyn Maldonado, PHR , offers a P3 Hospitality Risk Update – ‘New I-9 Documents’.

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Employee Crime: New York Hotel Security Director Arrested For Arson After Setting A Series Of Small Fires In Hallways And Stairwells; “Working Vacation” While Hotel Was Shut Down For Repairs

“…(the suspect) was the director of security — and according to his  wife the fire safety director —- for the Yotel hotel near Times Square (and) Hospitality Industry Employee Crimeset a series of blazes that shut down the building for days, freeing him to get  liquored up on the job in guest rooms, FDNY sources said…(he) would light newspapers to set the rubbish fires late  at night or early in the morning while he was on duty…No one was injured in the  blazes, but the source said the small fires would also temporarily close the bars and  nightclubs inside…the hotel would then be  shut down for repairs, giving him a working vacation…”

City fire marshals arrested Barbosa, of West New York, N.J., on Friday,  charging him with setting five small rubbish blazes in the hallways, stairwells  and emergency exits at the Yotel on 10th Ave. over the past two years.

Before that, he allegedly set three fires at the Soho Grand Hotel on West  Broadway — where he worked as a security guard between 2009 and 2010 — including  one just before 3 a.m. on New Year’s Day that brought revelers’ celebrations to  an early close.

Wearing a dark navy suit and a white dress shirt, Barbosa was ordered held on  $50,000 bail. Manhattan prosecutors asked for $20,000, but the arraignment judge  upped the request.

Read more: http://www.nydailynews.com/new-york/times-square-hotel-security-chief-arrested-setting-arson-fires-sources-article-1.1463370#ixzz2fdA5nlYl

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Filed under Crime, Guest Issues, Labor Issues, Liability, Management And Ownership

Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions

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

Hospitality Industry Legal Risks: Immigration And Customs Enforcement (ICE) Employment Audits Targeted Restaurants (38%) In 2012; “Silent Raids” Force Workers To Lose Jobs, Large Fines For “Paperwork Errors”

“The administration appears to start with the presumption that employers are not telling the truth about their listed employees…”

U.S. Immigration and Customs Enforcement“…(an Ohio) restaurant was audited in early 2012. No undocumented workers were found…but paperwork errors resulted in a $27,500 fine, which didn’t get reduced. The company paid another $7,500 to have an immigration attorney handle the case and review the I-9 forms of the other 13 restaurants to make sure they were filled out correctly…”

“In late 2010, (a national restaurant) chain lost about 450 Minnesota workers, between 30% and 40% of its employees there…Last year, the burrito chain announced it was under federal investigation over possible criminal securities law violations related to communications to investors of work-authorization compliance. The company has said it is cooperating fully with the investigation…”

The U.S. government has launched a fresh crackdown on employers suspected of hiring illegal immigrants by notifying about 1,000 businesses across the country in recent weeks they must submit documents for audits. The so-called “silent raids” are the largest since July 2009 when just as many companies were notified, according to immigration attorneys, and weren’t publicly disclosed by Immigration and Customs Enforcement, the agency that conducts such inspections.

While the audits don’t lead to the deportation of a firm’s illegal workers, they lose their jobs if discovered. Critics of the crackdown say it drives more immigrants to eploitative, off-the-books work. For employers, the audits can lead to deep losses in productivity, in addition to civil and criminal fines, and many workers end up getting hired by competitors.

For more:  http://online.wsj.com/article/SB10001424127887324755104579071331936331534.html

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Florida Sports Bar Sued By Man Attacked By Bouncers; Assault Captured On Cell Phone And Posted Online

“…a bystander caught the incident on his cell phone (and shows) the first punch thrown (at the plaintiff), then a bouncer stomping on his head.  However, Coelho was the one arrested and charged with battery on a law  enforcement officer…(but) what people see from the video (is that) he Sports Bar Lawsuit Over Assault By Bouncerswas the  victim an attorney stated…The state attorney agreed and dropped charges against Coelho…the (sports bar) posted a statement on their Facebook page deeply regretting the matter…The sports bar has also fired the bouncers involved in the altercation (and) they have  since been arrested for the attack…”

A man involved in a fight outside a South Florida bar is filing a lawsuit  against those, he says, are responsible. Alex Coelho was with his girlfriend and friends when he was attacked outside  of Dirty Blondes in Fort Lauderdale Beach back in July.  After a verbal argument  with one of the bartenders, they were escorted outside. As the argument ensued,  Coelho was attacked and beaten by the bouncers. The attack was caught on  camera.

According to the group, they ordered a round of drinks. When one of the  drinks came back wrong, they said the bartender became irate. “‘That’s what you  ordered, if you don’t like it, you can get a drink somewhere else’ type of  deal,” Coelho said. “I offered to pay for another one, and then she called the  bouncers over. I actually offered them, ‘I don’t want any trouble here.’ I  pulled a $10 bill out of my pocket.”

Coelho asked to speak to the bar’s manager once the tension began to rise.  “I work in hospitality, and I understand how people should be treated,” Coelho  said. I definitely wasn’t yelling. I definitely didn’t want to fight or get in a  fight. I’ve never been arrested, ever.”

Read more: http://www.wsvn.com/news/articles/local/21011603710196/man-files-lawsuit-after-bar-fight/#ixzz2e8EiWlNd

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Filed under Crime, Guest Issues, Injuries, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Employment Issues: “Becoming A Resume Lie Detector” From HospitalityLawyer.com

HospitalityLawyer Lodging and the ADA Webinar

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Hospitality Industry Legal Risks: Restaurants And Hotels Must “Thoroughly And Consistently” Train Employees For Alcohol Service

HospitalityLawyer Lodging and the ADA Webinar

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