Tag Archives: Employees

Hospitality Industry Crime Risks: Hotel Management Must Become More Aware Of Child Sex Trafficking At Properties; Front Desk Employees And Staff Must Be Trained To Look For Visual Clues

“…front desk employees, for example, are encouraged to look for visual clues like signs of abuse or fear among Child Sex Traffickingpotential victims; young people made up to look older; and clients who pay with cash, are reluctant to provide identification or have no luggage…housekeeping staff might be alerted to criminal activity if there are an unusually large number of electronic devices in guest rooms, or many condoms in the wastebasket…”

THE travel industry — long an unwitting participant in human trafficking at hotels and on airplanes, trains and buses — lately has been increasing efforts to combat the problem, working with private advocacy groups and the federal government in long-term, coordinated initiatives that go beyond its normal philanthropic activities.

“People don’t realize how prevalent it is,” Sam Gilliland, chief executive of the travel technology company Sabre Holdings, said of the trafficking problem. “It is not restricted to certain areas in the world. It’s everywhere.”

He called human trafficking a $32 billion-a-year business, but the Polaris Project, an advocacy group, thinks it is higher. The group said that an estimated 21 to 27 million people globally are held as virtual slaves.

Stephen Barth, a lawyer and professor of hospitality law at the University of Houston, said he believed that among the travel industry’s major brands, awareness of the problem had become widespread. “The goal now is to create more awareness among the 50,000 independent hotels scattered all over the U.S. and around the world,” he said.

But challenges remain, particularly among cheaper properties. “Franchisers don’t actually operate the franchised hotels,” which can result in variable compliance, he said. And at some properties, both franchised and independent, security might consist of only one person at the front desk.

For more:  http://www.nytimes.com/2012/11/09/giving/the-travel-industry-takes-on-human-trafficking.html?emc=eta1&_r=1&

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

Hospitality Industry Technology Solutions: New California Hotel Features “Virtual Check-In System” Utilizing Tablets For Reservations And Services; Apple TVs Synch To Guests’ iPhone And iPad Applications

“…virtual hotel check-ins (feature) a Cool Concierge which bypasses the human version of concierge or front desk service…guests use the tablet-system themselves to look up directions, phone numbers, make reservations, check their in-mobile technologyflight status and print boarding passes…(the hotel’s) Smart Check-In also allows guests to bypass the front desk and straight to their rooms using radio frequency technology or RFID, or wireless, non-contact systems…”

A new hotel that heavily favors Apple users — and could alienate their Android market base — has opened steps from the Apple’s brain center in Cupertino, California. All 123 rooms at Starwood Hotels & Resorts’ Aloft Hotels, whose tagline is “style at a steal,” will feature Apple TVs that can sync with guests’ iPhones, iPads or iPod Touch devices and their personal iTunes accounts.

Guests can choose among movie titles from iTunes, connect to Netflix for films, or Hulu for TV shows, and play their personal videos and photos on the in-room’s 42-inch LCD flatscreen TV.

As pointed out by CNET, it’s not the first time a hotel chain has opted to go with Apple TVs for their in-room entertainment. Staybridge Suites in London’s Olympic Village was also outfitted with the small, portable devices which enable guests to access their personal iTunes accounts.

For more:  http://www.hindustantimes.com/Travel/Chunk-HT-UI-TravelSectionPage-TravelStories/Apple-friendly-hotel-with-wireless-check-in-opens-in-Cupertino/Article1-1030447.aspx

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Filed under Guest Issues, Labor Issues, Management And Ownership, Risk Management, Technology

Hospitality Industry Theft Risks: South Dakota Restaurant Account Manager Charged With Stealing More Than $100,000; Deposited Checks Into Personal Account Over 7 Month Period

“…(the defendant) is accused of depositing money into her own bank account on 12 occasions, mostly through checks, with the thefts targeting Minervas of Bismarck, N.D. and the Phillips Avenue Diner in Sioux Falls totaling $97,477…(she) also reportedly deposited hospitality industry employee theftmoney electronically three other times, for a total loss to the business of $101,600. All the thefts took place between February and September last year…”

A former account manager for Minervas and the Phillips Avenue Diner has been charged with stealing more than $100,000 from the company last year. Bobbie Sue Davis, 28, worked for WR Restaurants Management when the thefts began, according to court paperwork. The company manages restaurants across North and South Dakota.

During an interview with an SFPD detective on Nov. 19, Davis allegedly admitted to stealing the money, saying she’d been having “personal financial issues” that year.

Davis was arrested on a charge of aggravated grand theft by embezzlement of $100,000 or more on Feb. 5 and released on bond. A grand jury indicted Davis this week. If convicted, she could spend up to 15 years in prison.

For more:  http://www.argusleader.com/article/20130322/UPDATES/130322021/Woman-accused-embezzling-more-than-100K-from-area-restaurant-chain

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Filed under Crime, Labor Issues, Liability, Management And Ownership, Risk Management, Theft

Hospitality Industry Theft Risks: Maine Restaurant Owner Convicted Of Stealing Over $67,000 From Customers By “Double Billing Credit Cards”

“…(the defendant) stole money from her customers by double billing their credit cards, the prosecutor said…(she) took credit card slips from sales at her restaurant during the summer of 2010 and later that year, and ran them through for payment a second time after the employee theftrestaurant had closed…may have stolen as much as $80,000 through the fraudulent credit card charges.”

A former local restaurant owner who stole more than $67,000 from banks and customers through check and credit card fraud, but who has since paid it back, has been ordered to spend 60 days in jail for her crimes. Having pleaded no contest last fall to two felony theft charges, Jennifer Lozano, 43, on Thursday received an overall sentence of five years with all but 60 days suspended and will have to serve two years of probation upon her release.

As part of a plea deal, prosecutors had agreed to cap the unsuspended part of the sentence at nine months if Lozano paid $67,399 in restitution to people and financial institutions she stole money from. She did so, paying off the final $18,000 she owed in restitution just as the sentencing hearing was about to begin Thursday afternoon in Hancock County Superior Court.

Kellett said an investigation revealed that Lozano conducted 1,488 fraudulent duplicate credit card transactions in the fall of 2010. She repaid many customers who complained, and many were repaid by their credit card companies, but she did not repay everyone who lost money through the scheme before police learned about it. As part of the restitution order, Lozano had to repay $15,300 to a credit card company that had lost money through the fraud and to customers whom she had not already repaid.

But Kellett said that restitution amount does not reflect the full scope of the illegal credit card transactions that Lozano made. Investigators believe that not all the double-billed customers complained, and so were not repaid either by Lozano or by their credit card firms.

For more: http://bangordailynews.com/2013/03/21/news/hancock/former-mdi-restaurant-owner-gets-60-days-for-67000-theft/?ref=polbeat

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Filed under Crime, Guest Issues, Liability, Management And Ownership, Risk Management, Theft

Hospitality Industry Health Risks: Tennessee Hotel Housekeepers Hospitalized After “Exposure To Carbon Monoxide” In Basement Laundry Room

hotel Carbon Monoxide Poisoning“…two housekeepers were in a basement laundry room when they began feeling dizzy and nauseous. One of the house keepers got physically sick…both women were taken to Memorial Hospital Hixson for treatment…”

Two Holiday Inn Express employees fell ill over suspected exposure to carbon monoxide. Officials with the Chattanooga Fire Department say they responded to the Holiday Inn Express on Hixson Pike around 10:30 a.m. Tuesday.

Firefighters evacuated the building. They used gas monitors to check the building and found elevated levels of carbon monoxide. The building was ventilated and aired and deemed safe to return to.

For more:  http://www.wrcbtv.com/story/21722645/2-motel-employees-fall-ill-after-carbon-monoxide-exposure

Motel management and Chattanooga Gas officials are working to determine what caused the leak and repair it.

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

Hospitality Industry Legal Risks: California Restaurant Sued By Woman “Sexually Assaulted” By Employee Near Restroom; Failed To Perform Background And Reference Check

“…the lawsuit filed in San Mateo Superior Court alleges that Straits owners failed to provide a background or Hospitality Industry Criminal Background Checks (2)reference check for Guicoy that could have shed light on his “mental instability and propensity toward sexual assault…”

A Foster City woman is suing a restaurant where a dishwasher attempted to rape her as she waited to use the restroom on New Years Eve 2011. Now Mary Hagan, 35, has filed a $1 million lawsuit against Straits in Burlingame, claiming it could have performed a background or reference check on Jose Mauricio Guicoy before hiring him.

Guicoy allegedly grabbed Hagan and began pulling her into a closet with his pants unzipped, reported the San Mateo County Times. She was able to fight him off.

Guicoy pleaded no contest to sexual battery, and was sentenced a month later to two years in prison.

For more:  http://sanmateo.patch.com/articles/foster-city-woman-sexually-assaulted-by-dishwasher-files-lawsuit-against-restaurant

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Hospitality Industry Employment Risks: Michigan Motel Settles “Pregnancy Discrimination Lawsuit” For $27,500; Safety Of Unborn Fetus No Reason For Employment Exclusion

“…according  to the EEOC’s suit, Ramin fired a housekeeper after she reported her pregnancy  to them.  Management stated it could not  allow the employee to continue to work as a housekeeper because of the  EEOCpotential harm to the development of her baby, the EEOC said…”

Ramin Inc., the owner of a Comfort Inn & Suites  in Taylor, Mich., will pay $27,500 to settle a pregnancy discrimination lawsuit  (EEOC v. Ramin, Inc., 2012-cv-15015) filed by the U.S. Equal Employment  Opportunity Commission (EEOC), the agency announced today.

Title VII  of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act  (PDA), protects female employees against discrimination based on  pregnancy.  Under the statute, an  employer may not exclude pregnant women from employment based on the employer’s  supposed concerns about the safety of the mother or unborn fetus.  The EEOC filed suit after first attempting to  reach a pre-litigation settlement through its conciliation process.

In a consent decree filed with the  U.S. District Court for the Eastern District of Michigan, the company agreed to  pay $2,500 in back pay and $25,000 in compensatory and punitive damages.  In addition, Ramin agreed to a permanent  injunction enjoining it from discriminating against an employee due to her  pregnancy or requiring a pregnant employee to provide medical documents that  releases her to work.  The decree  requires that Ramin provide training to all of its managerial and non-managerial  employees on sex and pregnancy discrimination; draft a new employee policy  regarding sex and pregnancy discrimination; post a notice regarding the suit  for all employees; and report to the EEOC for four years.  The injunction, training, policy revisions,  and EEOC monitoring constitute targeted, equitable relief that aims to prevent  similar violations in the future.

For more: http://www.eeoc.gov/eeoc/newsroom/release/3-12-13a.cfm

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

Hospitality Industry Legal Risks: Hotel And Restaurant Employees Subjected To “Conditions Or Actions Intended To Humiliate, Harass Or Destroy Career” File “Constructive Discharge Lawsuits”

“…the intolerable or aggravated category (of constructive discharge) are actions intended to humiliate (e.g., demoting a vice president to janitor overnight); actions intended to harass (e.g., requiring a black employee to Hospitality Industry Termination Lawsuitswork extra hours for the same pay as white co-workers and punch a clock while others do not); actions intended to destroy the employee’s career or guarantee job loss (e.g., sudden, unexplained drops in performance ratings, skipped promotions, forced demotions, pay cuts)…”

Here’s how one state supreme court defined constructive discharge: “An employee who is forced to resign due to actions and conditions so intolerable or aggravated at the time of his resignation that a reasonable person in the employee’s position would have resigned, and whose employer had actual or constructive knowledge of the intolerable actions and conditions and of their impact on the employee and could have remedied the situation, but did not, is constructively discharged.”

Factors that may contribute to a constructive discharge claim—either singly or in combination—include whether an employee suffered:

  • a demotion
  • reduction in salary
  • reduction in job responsibilities
  • reassignment to menial or degrading work
  • reassignment to work under a younger supervisor
  • involuntary transfer to a less desirable position
  • badgering, harassment or humiliation by the employer
  • offers of early retirement or encouragement to retire
  • offers of continued employment on terms less favorable than the employee’s former status
  • a threat of violence or actual physical assault
  • a threat of termination

For more:  http://www.businessmanagementdaily.com/glp/43084/Termination-Guidelines.html

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

Hospitality Industry Legal Risks: Hotel And Restaurant Management Must Conduct Criminal Background Checks To Avoid “Negligent Hiring Lawsuits”; Screening Must Be Relevant To Job Description To Avoid Discrimination

“…Hospitality employers (conduct criminal-background checks) to avoid negligent hiring lawsuits – a lawsuit from a guest or customer, for example, based on a hotel’s failure to properly screen an employee who later does Hospitality Industry Criminal Background Checks (2)harm…for each job description, (management) should prepare a memo that describes the relevance of, and need for, such information and how it is related to the particular job description…it is inconsistency in the selection of what type of background check each applicant gets that can often get employers sued for discrimination…”

According to some studies, over 90% of employers conduct criminal-background checks for some job applicants and over 70% of employers conduct background checks on all potential new hires. This includes many hospitality-industry employers. Most decision-makers want information about criminal behavior and other related data before bringing a candidate into the organization.

For example, the Equal Employment Opportunity Commission (EEOC) and some states are taking the position that, given the disproportionate rate of minorities that are arrested and convicted of crimes, an employer’s policy of disqualifying all applicants with criminal history can have a discriminatory impact on minority candidates and thereby violate Title VII’s discrimination laws.

Each state has its own position on the use of arrest and conviction records. Even when abiding by those parameters, there is still the need for a comprehensive, consistent set of procedures regarding the use of criminal history to avoid claims of discrimination. The key here is to identify by job description prior to hiring candidates, what kind of criminal background information (including how many years back) the company will look for and to ensure that the same level of background check is done for every applicant for that position.

Establishing a policy and procedure to make sure each applicant for a job description gets the same background check and having a defensible job-related justification for the relevancy and need for the information for each job position is critical to defending against future discrimination claims.

For more:  http://www.mondaq.com/unitedstates/x/225564/employee+rights+labour+relations/And+By+The+Way+Are+You+A+Criminal

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

Hospitality Industry Theft Risks: Hawaii Hotel Employee Arrested For Stealing $11,000 Worth Of Jewelry And Goods From Luggage In Storage Room

“…a review of video surveillance of the storage room revealed that Bueno allegedly entered into the storage room through the service elevator, picked up and concealed the bags within his work cart and exited the hotel securitystorage room…a few minutes later shows (him) allegedly reentering the storage room and placing the bags back on a bellman cart, then exiting again through the service elevator…”

An employee from a hotel in Wailea was arrested on Monday on suspicion of theft after a couple visiting from Maryville, MI, reported more than $11,000 in jewelry and other goods missing from their bags after check-in, police said. Maui police arrested resort houseman, John Bueno for alleged second degree theft in connection with the incident.

According to police reports, the couple arrived at the hotel at around 1:20 p.m. on Monday Feb. 11, checked their bags with a bellman, and proceeded to the pool area to wait until their room was ready.

A few minutes later, police say the female visitor returned to the bell desk and inquired about one of the bags to retrieve an item from within. A check of the storage room found all of their bags missing, and a search of the area by security personnel and hotel managers turned up with negative results.

A few minutes later, another check of the storage room revealed that the bags were returned; however, upon checking each bag, it was learned that various pieces of jewelry and a camera totaling $ 11,100 were missing, said Maui Police Lt. Wayne Ibarra.

Bueno was placed under arrest later that afternoon, and posted bail, which was set at $1,000. He is scheduled to appear in court at 10:30 a.m. on March 14, 2013.

For more:  http://mauinow.com/2013/02/14/wailea-hotel-worker-arrested-in-theft-case/

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