Tag Archives: Hotel Employees

by | August 19, 2012 · 11:49 am

Hospitality Industry Health Risks: California Hotels And Restaurants Must Establish Procedures And Provide Training For "Heat Illness Prevention" For All Outdoor Workers

 “…the California Department of Industrial Relations’ (DIR) Division of Occupational Safety and Health(commonly referred to as Cal/OSHA) is urging employers to protect outdoor workers from heat illness and allow for new workers to adjust to changes in weather (also known as acclimatization)…”

Cal/OSHA’s website provides employers with a Heat Illness Prevention e-tool for reference.

Under California’s first-in-the-nation heat illness prevention standard, employers with outdoor workers are required to establish and implement emergency procedures, and provide training on heat illness prevention to all workers. Every outdoor workplace must have drinking water for workers – at least one quart per hour per employee – and shade for recovery and rest periods. Shade must be provided when temperatures are above 85 degrees, and be available at employee request at any temperature. Employers are also required to train employees to properly identify heat illness symptoms.

The heat illness prevention standard was strengthened two years ago to include a high heat provision that must be implemented by five different industries when temperatures reach 95 degrees. These procedures include observing employees, closely supervising new employees, and reminding all employees throughout the shift to drink water. The specified industries include agriculture, construction, landscaping, oil and gas extraction and transportation or delivery of agricultural products, construction material or other heavy material. However, all employers are advised to take additional precautions during periods of high heat.

Read more here: http://www.sacbee.com/2012/08/15/4729437/calosha-reminds-employers-to-stay.html#storylink=cpy

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by | August 10, 2012 · 6:41 am

Hospitality Industry Crime Risks: Wisconsin Hotel Employee Arrested And Charged With 65 Counts Of Credit Card Fraud And Identity Theft

“…(the former employee) used customer credit card numbers to pay tuition and insurance bills. An alert customer notified police and an investigation led to his arrest…”

 A 19-year-old who worked at a hotel in Medford is facing 65 credit card theft charges. He worked at the AmericInn until late last year, and was accused of using the card numbers that hotel guests had put on-file to cover room-expenses. Nicholas Johnson is facing 59 counts of identity theft, and six counts of fraudulently using a credit card for more than $10,000. He’ll be back in court on August 14th.

Police began looking for things in common among several reports of fake credit card charges. They focused on Johnson when several of the card-holders who’d been ripped off had stayed at the same hotel. Johnson hasn’t worked there since late last year.

For more:  http://wsau.com/news/articles/2012/aug/10/hotel-worker-charged-in-credit-card-fraud-scheme/

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by | August 7, 2012 · 6:37 am

Hospitality Industry Theft Risks: Former Pennsylvania Hotel Manager Pleads Guilty To Stealing $52,000 During Two Year Period

He was charged with stealing from the Wingate Inn in Unity Township from April 2007 to August 2009 — which he managed while also serving as mayor — before he left to buy a competing business, the Mountain View Inn.

The former mayor of Latrobe has pleaded guilty to misdemeanor charges that he stole about $52,000 from hotel restaurant where he worked and will serve two years’ probation after paying back the money.

Forty-two-year-old Thomas Marflak was charged by Westmoreland County detectives in September 2010, a few months after finishing a four-year term as the first Republican mayor in Latrobe since 1965.

Marflak has claimed the money he spent using hotel credit cards was for legitimate expenses, not his own use, but pleaded guilty Friday to avoid trial and possible prison time on felony charges.

Read more: http://www.sfgate.com/news/article/Ex-mayor-pleads-guilty-to-theft-from-W-Pa-hotel-3765751.php#ixzz22s3DAuN6

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by | August 1, 2012 · 6:19 am

Hospitality Industry Employment Risks: North Carolina Hotel Sued By EEOC For "Failure To Accommodate An Employee's Religious Beliefs"

 “…the defendants’ managers scheduled Neal to work the evening shift on Friday, Dec. 24, 2010.  Because the shift interfered with her Sabbath observance, Neal, who had previously been allowed to be off for her Sabbath by other managers at the hotel, explained that she could not work on that evening because of her Sabbath.  The hotel managers refused Neal’s request and instead fired her…”

The owners/operators of Comfort Inn Oceanfront South in Nags Head, N.C., violated federal law when they failed to accommodate an employee’s religious beliefs and then fired her because of her religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed Monday.

According to the EEOC’s complaint, Claudia Neal, who worked as a front desk clerk at Comfort Inn Oceanfront South, is a Seventh-Day Adventist. Neal observes her Sabbath from sundown on Friday until sundown on Saturday.

For more:  http://thejobmouse.com/2012/07/31/comfort-inn-oceanfront-south-sued-by-eeoc-for-firing-employee-over-sabbath-issue/

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by | July 30, 2012 · 7:01 am

Hospitality Industry Employment Risks: Hotel Management Must Perform Regular "Self-Audits" To Determine If Company Is Properly Classifying Workers As Employees Or Independent Contractors

“(The hotel) industry in particular has a tradition of using staffing companies and other staffing arrangements to provide workers, and I think that industry tradition has provided problems for some hotel companies,”

“Hotel companies need to be ahead of the law…do a self-audit … If you’re not compliant, you can take remedial measures to avoid fines from the Department of Labor.”

As the U.S. Department of Labor under the Obama administration is cracking down harder on violations, staying informed about employee misclassification is crucial for hotel operators if they want to avoid costly fines, according to employment attorneys.

Because employment laws often can be complicated, Feldstein suggests employers classify employees themselves by applying the “Right-to-Control” test.

The Right-to-Control test compares the ends versus the means in producing the work the employee was hired to do. If the employer is concerned with only the end result, the employee should be classified an independent contractor.

However, if the employer controls the means and methods of the project in addition to establishing the routine and schedule, it is likely the worker should be classified an employee.

Should an employer need further information, the U.S. Department of Labor website contains basic guidelines that serve as a good starting point, Chapman said.

“There are HR organizations such as (the Society for Human Resource Management) that conduct training and research and guidance on this law and others, which can be helpful,” he said.

Applying the law to a specific set of facts to determine whether or not that individual should be classified as an employee or independent contractor might require the help of an actual practicing attorney, Chapman said.

For more:  http://www.hotelnewsnow.com/Articles.aspx/8674/Classify-employees-properly-to-avoid-penalty

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by | July 22, 2012 · 4:08 pm

Hospitality Industry Legal Risks: North Carolina Companies Outlawed From Firing Employees Before Or After Filing Legitimate Workers' Comp Claims

The North Carolina Retaliatory Employment Discrimination Act (REDA) outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. 

Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork. Employees are also protected when they inform a supervisor that they may be filing a claim soon.

Recent case: Shannon worked as a property manager for M&M Properties for just three weeks. While cleaning a hotel room as part of his training, Shannon said he injured himself. He reported the incident to his supervisor and said he wanted to check with his doctor before filing a workers’ compensation claim in case he had merely pulled a muscle.

Meanwhile, the company issued a disciplinary warning, outlining problems encountered during Shannon’s training, such as tardiness and lack of communication. He was fired a few days later.

He went ahead with filing the workers’ comp claim—and then followed up with a REDA lawsuit. The company argued that because Shannon hadn’t filed a claim before he was terminated, he couldn’t argue retaliation.

The court disagreed. Otherwise, employers would be able to fire employees—and dodge liability—as soon as they got hurt. (Fatta v. M&M Properties Man­­agement, No. COA11-1397, Court of Appeals of North Caro­­lina, 2012)

For more:  http://www.businessmanagementdaily.com/31679/workers-comp-claim-resist-urge-to-retaliate

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by | July 15, 2012 · 6:51 am

Hospitality Industry Employee Risks: Michigan Hotel Employee Charged With Stealing Money From Manager's Room; Background Check Would Have Revealed Lengthy Criminal History

“(the employee) allegedly stole $220 from the purse of her assistant manager who had been staying in a room at the hotel…a hotel manager confirmed that since the Lewis incident, the hotel now conducts background checks. The manager said had they known that Lewis had been convicted of crimes in the past, they would have not hired her…”

An employee of a Muskegon Heights hotel with a lengthy criminal background has been charged with a felony for allegedly stealing money from her manager’s room. Kortney Donesia Lewis, 24, of Muskegon, was arraigned in Muskegon County 60th District Court on Wednesday on one count of larceny from a building, a four-year felony, and as a fourth-time habitual offender.

“The manager noticed by surveillance video and key-code confirmation that Lewis had been in her room,” Gardner said. “Lewis was confronted and admitted it.”

Gardner said Lewis’ criminal history includes a 2006 conviction for an embezzlement charge; a 2009 conviction of larceny from a building and a conviction that same year for stealing and using someone’s credit card.

Based on that history, Gardner said it’s difficult to sympathize with the hotel officials who hired Lewis. “In this case it doesn’t just seem to be the responsibility of the defendant for her actions, but for the hotel for hiring a woman with an extensive criminal history for theft crimes,” he said. “It defies commonsense to give a person with that background access to rooms that often times hold valuables.”’

For more:  http://www.mlive.com/news/muskegon/index.ssf/2012/07/muskegon_heights_hotel_employe.html

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by | July 7, 2012 · 6:59 am

Hospitality Industry Legal Risks: Washington Hotel Owners Agree To Pay $365,000 To Settle EEOC Harassment Lawsuit

Among other incidents cited in the EEOC statement, the general manager threw a stapler at one employee, and told another she was nothing but a welfare mother and should abort her pregnancy.

Two hotel groups have agreed to pay $365,000 to settle a harassment lawsuit brought by the federal Equal Employment Opportunity Commission in connection with the alleged actions of a general manager who worked for two hotels in the state of Washington.

According to a statement issued by the EEOC on Thursday, the unidentified general manager of the Best Western Evergreen Inn in Federal Way, Wash., and the Best Western Tacoma Dome in Tacoma, Wash., “persistently harassed and denigrated women, including those who were minorities and had strong religious beliefs, in violation of the federal law.” Court papers identify the general manager as Syed Ahmed.

The EEOC said female employees were subjected to the constant use of racial slurs and derogatory sex-based and racial comments.

For more:  http://www.businessinsurance.com/article/20120706/NEWS07/120709937?tags=%7C70%7C75%7C303

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by | July 5, 2012 · 6:14 am

Hospitality Industry Employment Risks: South Carolina Hotel Settles Sexual Harassment And Retaliation Lawsuit With EEOC For $90,000

“… from at least August 2007 until January 2009, the hotel’s male general manager subjected the women to sexual comments, sexual advances and unwelcome touching. When Tamara Byrd reported the sexual harassment to the defendants’ corporate office, the defendants failed to properly investigate or stop the harassment. The general manager then discharged Byrd. The EEOC contends that Byrd’s discharge was because she refused the general manager’s unwelcome sexual advances and in retaliation for her complaints of sexual harassment to the corporate office…”

The operators and management company of a Holiday Inn Express in Simpsonville, S. C., will pay $90,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced Monday.

The agency had charged that the defendants, Imperial Investments Greenville, Inc. and Imperial Investments Group, Inc., violated federal law by subjecting several female employees to a sexually hostile work environment at the hotel. The lawsuit further charged that one woman was unlawfully fired in retaliation for complaining about the sexual harassment. Such alleged actions violate Title VII of the Civil Rights Act of 1964 which prohibits sex discrimination, including sexual harassment, and retaliation.

According to the EEOC’s suit, the defendants maintained a sexually hostile working environment for Tamara Byrd, Pamela Kral, and Billie Jones. More specifically, the complaint alleged thatIn addition to $90,000 in monetary damages to be split among the harassment victims.

For more:  http://thejobmouse.com/2012/07/05/simpsonville-hotel-to-pay-90000-to-women-subjected-to-sexual-comments-propositions-and-touching-by-male-supervisor/

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by | July 4, 2012 · 1:23 am

Hospitiality Industry Security Risks: Ohio Hotel Employees Accused Of Raping Two Women Guests In Hotel Room

The 44- and 45-year-old women reported being raped by both men after returning to their room from a party. The indictment states that the women were vaginally raped while they were impaired and unable to resist or consent.

A Hampton Inn security guard and a valet are accused of raping two women May 13 in the women’s hotel room. Solomon Baba, 23, of Cleveland, and Kevin Kozieracki, 37, of Middleburg Heights, are charged with rape, kidnapping and burglary.

Baba, the valet, is being held on a $100,000 bond, while Kozieracki, is being held on a $250,000 bond. They are due back in Cuyahoga County Common Pleas Court for a hearing Thursday.

For more:  http://www.cleveland.com/metro/index.ssf/2012/07/hampton_inn_security_guard_and.html

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