Tag Archives: Employees

by | February 10, 2013 · 8:14 am

Hospitality Industry Health Risks: “Norovirus Food Poisoning” Class-Action Lawsuit Filed Against Wyoming Restaurant; Health Department Report Confirms Outbreak Source

“…according to the WDOH, 31 employees who worked at the Golden Corral restaurant were infected with norovirus while working…the lawsuit was filed on behalf of (those who) purchased food or drink at the Golden Norovirus OutbreakCorral Casper restaurant between November 20, 2012 and December 13, 2012 and (were exposed to) diarrhea and vomiting from multiple employees of the Golden Corral…”

Customers of the Casper, Wyoming Golden Corral filed a class action lawsuit against the restaurant Friday, alleging they were part of a norovirus food poisoning outbreak that was traced to food served at the restaurant in December. The lawsuit was filed in Federal District Court in Wyoming (Case Number 13CV024J) by Jason Ochs of The Ochs Law Firm and William Marler of Marler Clark.

According to a Wyoming Department of Health (WDOH) report, at least 305 patrons of the Casper Golden Corral restaurant became ill with norovirus infections after eating at the restaurant between November 17, 2012 and December 19, 2012. Norovirus infection causes nausea, diarrhea and/or vomiting and is highly infectious. Investigators from the Wyoming Department of Health Infectious Disease Epidemiology Program and Casper-Natrona County Health Department stated in their report that they were not able to determine exactly how norovirus was introduced to the restaurant, but said ill food-handlers could have contributed to the spread of norovirus among Golden Corral patrons.

The complaint states that named plaintiff Paul Feyhl, a Casper resident, ate at the Golden Corral restaurant on December 8, 2012 and subsequently fell ill with norovirus. According to court documents, the lawsuit was filed on behalf of Mr. Feyhl and “others similarly situated” who purchased food or drink at the Golden Corral Casper restaurant between November 20, 2012 and December 13, 2012 and whose exposure to norovirus was caused by:

1.    Exposure from diarrhea and vomiting from multiple employees of the Golden Corral
2.    Consumption of contaminated food and drink prepared by Golden Corral employees
3.    Exposure to, or close proximity with, persons who ate food or drink at the Golden Corral restaurant or were exposed to the restaurant’s infected employees.

For more:  http://www.prweb.com/releases/2013/2/prweb10414517.htm

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by | January 20, 2013 · 8:52 am

Hospitality Industry Employment Risks: Hotels And Restaurants Providing “Paid Sick Leave” Benefits Reduce Employee Illnesses, Work-Related Injuries And Turnover According To Latest Studies

“…it (is) better for an employee to call in sick, take care of their illness and not contaminate the other staff. The number of employees struggling to work while sick was drastically reduced. The H1N1 virus in 2009 Paid Sick Leave In Hospitality Industrydemonstrated the value of keeping sick employees out of the workplace…And best of all, according to the Centers for Disease Control, workers with paid sick leave are 28 percent less likely to suffer work-related injuries. People in construction, restaurants or hospitals who do physically demanding jobs are more likely to injure themselves (or someone else) if they are working while sick, weak and fatigued…”

The Bureau of Labor Statistics tells us that 39 percent of people employed in private industry do not have paid sick leave as a benefit.

And 81 percent of service workers earning $10.50 or less have no paid sick leave. These are the people behind the cash register, serving you food in a restaurant, cleaning offices and hotel rooms and handing you your ticket when you go out to see a movie.

The information comes from studies conducted by the Centers for Disease Control, the Bureau of Labor Statistics and the Women’s Institute of Policy Research study of San Francisco’s paid sick leave ordinance. Before San Francisco enacted its ordinance in 2007, the restaurants and mom-and-pop businesses fought hard to prevent it. They predicted the cost of paid sick days would put them out of business. In 2011 a detailed study was done and employers are happy their fears were not realized. There was no discernible increase in payroll costs.

Turnover decreased because employees didn’t need to change jobs to get paid sick leave. The city ordinance requiring paid sick leave leveled the field for all employers, and good employees stayed in place longer.

For more:  http://union-bulletin.com/news/2013/jan/19/sick-pay-benefits-employers-bottom-lines/

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by | December 23, 2012 · 8:00 am

Hospitality Industry Legal Risks: Connecticut Hotel Guilty In "Wrongful Death" Lawsuit Filed By Family Of Man Killed By Hotel Van; Jury Awards $2.3 Million For Driver's Negligence

The jurors ruled both Coleman and Campos were at fault in the accident. But the jurors said Coleman, and thus LaQuinta as well, were responsible for 58 percent of the negligence and Campos was responsible for 42 Hospitality Industry Lawsuitpercent…the (victim) was found to share some of the negligence probably because “no one can say for sure” if he obeyed a stop sign…the (driver) did not have a stop sign…”

“…The lawsuit also alleged (driver) was using a cellphone in violation of state law…the jurors awarded $1,709,840 in damages to the victim’s estate and $580,000 in damages to the widow…”

The family of Jose Mauricio Campos Thursday won a jury verdict of nearly $2.3 million in a wrongful death lawsuit against a hotel corporation and its employee, the driver of a van that struck Campos. Campos, 52, was riding a bicycle at about 6:45 p.m. Sept. 15, 2008 when he was hit by the van, operated by Robert Edward Coleman, near the intersection of Westfield and Gilbert streets in West Haven.

Coleman was a defendant in the civil suit, along with his employer, LaQuinta Inn and Suites, owned by LQ Management. He and the corporation were found to be equally liable.

Campos, who was not wearing a helmet, was thrown to the pavement by the impact and suffered a serious head injury. He died three days later at Yale-New Haven Hospital after emergency surgery. The plaintiff was his wife, Gregoria Campos of West Haven. The Camposes had three sons, now adults.

For more:  http://nhregister.com/articles/2012/12/22/news/new_haven/doc50d67c73417dd288959464.txt

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

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by | November 21, 2012 · 7:15 am

Hospitality Industry Employment Risks: Hotel "Off-Duty Access Policies" Cannot Be At "Management Unlimited Discretion" According To National Labor Relations Board (NRLB) Decision

In a 2-1 decision, the (National Labor Relations Board) struck down a Marriott property’s policy prohibiting off-duty employees from accessing the hotel property without a manager’s approval. In doing so, the board evaluated Marriott’s rule in light of well-established case law dating back four decades.

Many hotels maintain off-duty access policies that limit but do not prohibit employees from accessing the hotel property during off-duty hours. The policy might require an employee to obtain advance permission from management and/or limit access to employer-sponsored events. Such a policy seems reasonable.

The hotel or resort might want to grant access to employees as an employee benefit. Employee discounts, access to restaurants, golf courses, spa facilities and ski slopes, for example, are valuable employee benefits. Of course, the hotel needs to balance legitimate business concerns, such as maintaining the security of its premises and guests, as well as assuring its guests have ready access to facilities.

Under that 1976 case, the NLRB established a three-part test for whether off-duty access restrictions are legal. For an off-duty access rule to be valid under that test, the policy must:

1) limit access only to the interior of the facility and other working areas;

2) be clearly disseminated to employees; and

3) apply to any off-duty employee seeking access for any reason and not just those engaging in union activity.

In the Marriott case, issued 28 September, the board held that because the rule was not a uniform ban on access but instead gave management unlimited discretion to determine when to permit access, it could lead employees to believe they could not engage in union organizing or other protected activity without a manager’s approval. The board struck down the rule as unlawful and said a “narrow, extremely specific” off-duty access rule might be deemed valid. However, it provided no guidance as to what type of rule is acceptable.

This decision puts hospitality employers in an untenable position. The hotel has one of three options:

1) adopt a policy limiting all off-duty access, even for legitimate reasons such as picking up a paycheck or attending special events;

2) grant employees access to the property without any restrictions; or

3) prepare a policy with narrow exceptions for special circumstances and hope the policy survives legal scrutiny.

For more:  http://www.hotelnewsnow.com/Articles.aspx/9417/NLRBs-decisions-impacts-hotel-policies

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by | November 20, 2012 · 7:22 am

Hospitality Industry Legal Risks: Colorado-Based Restaurant Group Will Defend Itself Against Class-Action Lawsuit Alleging Overtime Violations; Company Maintains That Managerial Salaried Employees Are "Apprentices"

“…The class-action complaint…says Chipotle misclassified its “apprentices” as managerial salaried employees who don’t qualify for overtime pay. The suit contends apprentices earn salaries of $40,000 but frequently work more than 40 hours a week and often perform the duties of hourly workers, including cooking and filling orders…”

Chipotle Mexican Grill Inc. says a lawsuit alleging the Colorado- based company has failed to pay overtime to hundreds of employees is frivolous.

Chipotle spokesman Chris Arnold said the restaurant chain carefully defines the roles in its restaurants and that the apprentice position is “clearly” a managerial role ineligible for overtime, under state and federal laws.

The lawsuit seeks back pay and damages. Chipotle has about 1,350 restaurants.

For more:  http://www.insurancejournal.com/news/west/2012/11/19/271081.htm

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by | November 10, 2012 · 7:57 am

Hospitality Industry Employee Risks: California Hotel Settles "Sexual Harassment And Retaliation Lawsuit" With EEOC For $195,000

In 2010, a female employee filed the EEOC charge of discrimination alleging that a male supervisor made sexual comments and referenced an image of a sexual nature.  The female employee further alleged that upon reporting the sexual harassment, the male supervisor retaliated against her by issuing written discipline and treating her differently.

DNC Parks & Resorts at Tenaya, Inc. which operates Tenaya Lodge, a hotel and resort near Yosemite National Park in California, will pay $195,000 and furnish other relief to settle a federal charge of sexual harassment and retaliation filed with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

Following an EEOC investigation, the director of EEOC’s Fresno Local Office determined that there was reasonable cause to believe that the female employee was sexually harassed due to her gender, female, and that she was subjected to retaliation for reporting the harassment, a violation of Title VII of the Civil Rights Act.  The EEOC also found reasonable cause to believe that a class of other female employees was also sexually harassed due to gender.  Tenaya Lodge denied the allegations of sexual harassment and retaliation, and the company did not admit to liability while agreeing to settle the matter.

Following the EEOC’s determination, the EEOC entered into a one-year conciliation agreement with Tenaya Lodge and the female employee in question.  The agreement effectively settles the case administratively, thereby avoiding litigation.  The agreement provides for $100,000 in monetary relief for the female employee who filed the EEOC charge.  An additional $95,000 is designated as a class fund for eligible claimants who also encountered sexual harassment and/or retaliation while working at Tenaya Lodge.

Aside from the monetary relief, Tenaya Lodge will provide equal employment opportunity training for all current employees and, thereafter, for all new hires in the language that the employee understands, along with additional training for managerial and human resources staff on how to deal with discrimination, harassment and retaliation.  Tenaya Lodge also agreed to post a notice about the settlement in English and Spanish; to report future instances of discrimination to the EEOC; and to publicize the settlement via press release.

Workers have the right to report sexual harassment or other forms discrimination on the job without negative repercussions,” said Melissa Barrios, director of the EEOC’s Fresno Local Office.  “We commend Tenaya Lodge for working with the Commission to resolve this matter and for agreeing to implement measures to protect their employees from harassment, discrimination and retaliation.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-7-12.cfm

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by | October 19, 2012 · 6:46 am

Hospitality Industry Legal Risks: Florida-Based Restaurant Group Faces Five Separate "Federal Labor Law Class-Action Lawsuits"; Employees Required To Work "Off The Clock" And Skip Required Breaks

“…Lawsuits filed by the Mexican-American Legal and Education Fund accuse Darden Restaurants—which owns the Capital Grille, Red Lobster and Olive Garden chains—of violating state and federal labor laws…the suits claim the restaurants regularly ask employees to work off the clock, skip legally required breaks and report to work when sick…”

The world’s largest full-service restaurant ownership company faces five separate class-action lawsuits filed by a group that works to protect restaurant workers’ rights.

The litigation began as a single class-action lawsuit filed in federal court in Chicago, with state class-action claims covering workers in Illinois, as well as California, Florida, Maryland and New York. Eventually, the lawsuit was severed into five jurisdictions due to the large size of the classes and the complexity of the various state claims. Five regional U.S. District Courts will hear the cases.

The lawsuits were initiated by the Restaurant Opportunities Cen­­ters United, which seeks to improve wages and working conditions for low-wage restaurant workers.

For more:  http://www.businessmanagementdaily.com/33010/worker-advocates-cook-up-five-suits-against-restaurant-group

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by | October 9, 2012 · 6:32 am

Hospitality Industry Employment Risks: High Hotel Employee Turnover Rates Increase Operating Expenses While Lowering Customer Service Experience And Guest Loyalty

For more:  http://www.hospitalitynet.org/news/154000320/4058028.html

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by | September 20, 2012 · 6:14 am

Hospitality Industry Property Risks: Texas Restaurant Rebuilds After Electrical Fire Causes More Than $40,000 In Damage; Insurance Policy Covers Employee Payroll

“…a fire struck the backside of the building. It is still undetermined as to what exactly caused the one-alarm fire, which left approximately $40,000 in electrical damage…thanks to the preservation of its original pits and an insurance policy that has kept their employees on the payroll since the incident… it will feel as if Hutchins BBQ never closed…”

At first, a hopeful Tim believed the restaurant would be up and running in a couple of weeks. But with more planning and red tape to navigate than originally expected, he and his father, Roy, recovering a business from fire entailed much more than he anticipated.

The fire originated in the rear of the building and destroyed its back wall and pit room, which housed two wood-burning rotisserie pits, a trademark of the family namesake.

“It was devastating,,” Roy said. “We’ve put in 14 restaurants since 1975, and this is the first fire we’ve ever had.”

With the damages being more expensive than he originally thought, Tim believes the worst is behind them, and said he and his father are resting easier now that they can see the progress taking shape.

“A lot of times with a lot of restaurants, this could put you under,” Tim said.  “Thankfully, this is something I’ve been able to do.”

The restaurant, which has been at that location since 1991, will look very similar to way it was before the fire, except for a completely new pit room constructed of steel and cement, no wood, Roy said.

For more:  http://www.scntx.com/articles/2012/09/19/mckinney_courier-gazette/news/8971.txt

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by | September 8, 2012 · 6:10 am

Hospitality Industry Employee Risks: Restaurant Owners Use "Written Integrity Tests" To Limit High Costs Of "Employee Theft And Drug Use"

“…restaurant  owners  must address ethical issues when evaluating job applicants for  employment.  Historically, employers have relied upon reference checks,  criminal background checks and interviews to address these issues…now a growing number of restaurant owners use written integrity testing  to improve their  ability to screen  out high risk job  applicants…”

Employee theft and other forms of counterproductivity are highly significant  factors in determining the success of restaurants.  While employers tend to  have some awareness of the frequency with which employees engage in theft, drug  use and other counterproductive behaviors, the following research findings are  helpful in providing an objective  perspective of  how  frequently  these problematic behaviors occur:

  • The National Restaurant Association recently reported that the cost of  employee theft for its members is $8.5 billion annually or approximately 4  percent of food sales.
  • A study released in 2007 by the U.S. Substance Abuse and Mental Health  Administration indicated that the highest rate of illicit drug use occurs among  restaurant workers. A whopping 17 percent admitted to illegal drug use in the  last month.

Extensive research documents that integrity tests are good predictors of  whether an individual will engage in various forms of workplace  counterproductivity (e.g., theft, illegal drug use).  Also, these  assessments do not adversely impact minority candidates, which is a major  downside to criminal background checks.  Further, integrity tests are  relatively inexpensive and can be easily administered online. As a result, high  risk applicants can be screened from contention before wasting time and money on  interviews, criminal background checks and reference checks.

Read more at  http://www.business2community.com/human-resources/screening-job-applicants-to-minimize-employee-theft-and-other-forms-of-counterproductivity-in-the-restaurant-industry-0274014#MbysIc4cypbhdqY1.99

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