Tag Archives: Employment Law
“2014 Hospitality Law Conference” Sponsored By HospitalityLawyer.com On February 10-12 Features Industry Legal, Safety And Security Solutions
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Filed under Conferences, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
“2014 Hospitality Law Conference” Sponsored By HospitalityLawyer.com On February 10-12 Features Industry Legal, Safety And Security Solutions
Comments Off on “2014 Hospitality Law Conference” Sponsored By HospitalityLawyer.com On February 10-12 Features Industry Legal, Safety And Security Solutions
Filed under Conferences, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Legal Risks: Florida Hotel Violated Federal Wage & Labor Laws By Creating “Employment Relationship” By “Directly Supervising” Staffing Company Employees
“…investigators determined that the hotel was liable for repayment of back wages because hotel staff had directly supervised those employed 
by the staffing agency, creating what Young referred to as “joint employment relationship”…generally the using company tries to avoid the responsibility of the employers by staying out of the direct supervision of the employees or payment…however, we found there was enough direct supervision by Castillo Real employees on the staffing company’s employees to then create an employment relationship…Based on that relationship the hotel was found liable for the repayment of back wages…”
The U.S. Department of Labor found that two-thirds of the staffing companies that provide employees to north Florida’s hospitality industry investigated as part of a new initiative were not in compliance with federal wage and labor laws.
According to a DOL release, the hotel will pay $17,890 in back wages after it was discovered that employees provided by staffing company Maja LLC regularly were not paid overtime after working more than 40 hours a week providing services such as housekeeping and laundering. Additionally, some weeks employees’ wages fell below the federally required minimum wage.
Michael Young, district director of the DOL’s Wage and Hour Division’s Jacksonville District Office said the practice of using staffing companies to fill positions formerly managed by hotels themselves is becoming more prevalent across the country. The initiative looking into compliance among staffing companies was undertaken in four of the 10 districts in the Southeast.
For more:Â http://news.wjct.org/post/investigation-finds-north-florida-hotels-violated-federal-labor-laws
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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training
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 CenÂÂters United, which seeks to improve wages and working conditions for low-wage restaurant workers.
For more:Â http://www.businessmanagementdaily.com/33010/worker-advocates-cook-up-five-suits-against-restaurant-group
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Filed under Employment Practices Liability, Insurance, Labor Issues, Liability, Management And Ownership, Training
Hospitality Industry Legal Risks: Texas Hotel Sued By Former Conference Meetings Director For "Employment Discrimination"; Woman Claims Termination Due To Cancer Diagnosis
“…(the Texas woman)Â believes Crowne Plaza Hotel fired her because of insurance, knowing she had more follow-up surgeries required…(she) is now cancer free and has a new job, hopes to collect financial damages 
for medical bills and mental anguish…”
A Texas grandmother of five says she was wrongfully fired from her job because she got cancer. Now, she’s suing for employment discrimination.
Janet Hustus, 53, was working as the Conference Meetings Director for Crowne Plaza Houston in January 2011 when she was diagnosed with breast cancer. “I was devastated. When you hear those words it is very devastating,” Hustus said. “You have cancer, and you don’t know what to do. You have so many emotions.”
She went to her general manager a few days later to discuss her schedule and surgery dates. Hustus says Mathers assured her the company would work around her schedule and “support her any way possible,” including keeping her job open for her.
For more: http://abcnews.go.com/Business/texas-grandma-fired-cancer/story?id=16304786
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Filed under Employment Practices Liability, Health, Insurance, Labor Issues, Liability, Management And Ownership
Hospitality Industry Employment Risks: Federal Lawsuit Alleges Miami Employment Agency Forced Thrity "H-2B Status" Guest Workers To Do Unsanctioned Work As Housekeepers At Florida Hotels
According to the lawsuit, thirty guest workers were brought to Miami by Villanueva, purportedly to work at the W South Beach as housekeepers for $8.28 an hour.
“…(plaintiff) had many of the workers do unsanctioned work for less than minimum wage. He charged the workers “security deposits” ranging from 50,000 to 100,000 Filipino pesos– or $1,200 to $2,350– which they 
would lose if they quit those jobs. He crowded the workers in housing Florida and New Jersey, “on floors, air mattresses, and in hallways”, according to the suit, and in “beds infested with bedbugs.”
According to a new federal lawsuit, the Filipino worker who changed your sheets at W South Beach Hotel, or served you lunch at posh restaurants and country clubs, may have essentially been an indentured servant. Seventeen Filipino immigrants allege that a ring of Miami-based employment agencies charged them outrageous “security deposits,” forced them to work for less than minimum wage and no overtime, and stashed them in overcrowded housing.
In a statement to Riptide, the hotel’s general manager George Cozonis acknowledged that the W had used Villanueva’s workers in the past: “W South Beach does not currently work with Jose Villanueva’s agency, Lincoln Road Employment Advisory Services, to provide staffing to the hotel or any of its affiliated operators. LREAS was used briefly during the opening period of the hotel, but all ties were severed more than 19 months ago.”
Employers such as the W, The Admiral’s Club country club in Jupiter, and the Kiawah Island Club in South Carolina arranged with Villanueva for the workers to immigrate under H-2B status from 2006 to 2009.
For more:Â http://blogs.miaminewtimes.com/riptide/2012/04/miami_employment_agencies_supp.php
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Hospitality Industry Employee Risks: The "2012 California Employment Law" Makes It Unlawful To "Misclassify Employees As Independent Contractors" With Severe Penalties Imposed
CLICK ON "CALIFORNIA" TO VIEW "2012 EMPLOYMENT LAW" UPDATE
For more:Â http://www.jdsupra.com/post/documentViewer.aspx?fid=396703df-f68e-4468-8dc9-7bc9a9a6ee01
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