Tag Archives: Hotel Employees

by | March 7, 2012 · 1:46 am

Hospitality Industry Employment Risks: Hotel Management Compliance Audits Can Expose Potential Labor Department "Wage And Hour Division" Violations

• Make sure nonexempt employees are paid the required minimum wage. The current federal rate is $7.25 per hour (some jurisdictions require a higher rate).  Review deductions to ensure that they do not cut employees’ pay below the minimum wage.
• Be certain nonexempt employees are paid the required overtime. Ensure that all bonuses, shift differentials, service charges and other payments are properly included in computing overtime and that deductions do not improperly cut into overtime pay. 
• Pay special attention to whether nonexempt employees accurately record all worktime. Nonexempt employees must record pre- and post-shift work; shift-change overlap; opening or closing activities; compensable training time, meeting time, “on-call” work; and time spent doing work at home. Employees must record meal time and other non-compensable break time, and they must be paid when they do not take that time off. 
• Be sure that all “exempt” employees meet the requirements for exemption. Review the criteria defining who may be treated as exempt from the Fair Labor Standard Act’s minimum-wage and/or overtime requirements. “Salaried” employees are not necessarily exempt. Certain positions such as sous chefs and sales managers are vulnerable to challenge. 
• Make certain that exempt employees are paid on a salary basis. The most common FLSA exemptions require that such employees be paid on a “salary basis” and thus receive a fixed, predetermined amount for every workweek in which the employee performs any work, without regard to the number of days or hours worked or the quality of work. Salary deductions are very limited. 
• Strictly comply with child-labor restrictions. There is an age 16 limit for general occupations and an age 18 limit for occupations declared “hazardous” by the U.S. Secretary of Labor. 14 and 15 year olds may be employed in limited occupations, within strict hours and times of day limitations. Identify every employee who is 16 or 17, verify his or her age and exact duties. Identify every employee under 16, verify his or her age, exact duties and hours and times of work.
• Comply with all state and local wage-hour requirements. The FLSA does not preempt tougher state or local provisions. These other laws might include a higher minimum wage; daily overtime; minimum pay for reporting to work; more rigorous child-labor limitations; prohibitions on wage deductions; and time limits for paying employees who resign or are fired.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7679/Government-audits-Get-your-house-in-order

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by | March 5, 2012 · 8:43 am

Hospitality Industry Legal Risks: Illinois Hotel Sued For $75,000 By Woman Claiming Bartender Drugged And Sexually Assaulted Her

“…The bartender got a key to the woman’s room from the front desk staff and sexually assaulted her as she was passed out in the room, according to the lawsuit…”

“…The suit names the hotel as the defendant, claiming the staff was negligent in allowing the bartender access to the woman’s room. The suit seeks payment in excess of $75,000 plus the cost of court fees…”

A Virginia woman filed a lawsuit against a Lisle hotel claiming a bartender drugged her drink and later sneaked into her room with the help of a front desk clerk and sexually assaulted her.

The lawsuit, which was filed in federal court Wednesday, claims a 31-year-old bartender slipped a date-rape drug into the woman’s drink while she was at the Lisle-Naperville Hilton on Oct. 27. The woman began to feel ill at around 1:30 or 2 p.m. and went up to her room before her food had arrived at the hotel bar, said her attorney Jeffrey Deutschman.

For more:  http://www.dailyherald.com/article/20120229/news/702299617/

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by | March 3, 2012 · 6:56 am

Hospitality Industry Social Media Risks: Hotel Management Faces Legal Issues With Regard To "Relationships" Of Employees Discovered On Facebook

While platforms such as Facebook and Twitter present new opportunities for training and engaging with employees, they also bring new challenges and wrinkles to the age-old workplace policies and practices…(such as)… two of your most exemplary employees who work the front desk..(who)… one day via a Facebook update… entered into a relationship despite your hotel’s strict policy against it…”

“…A user who posts something on Facebook without the proper security filters does so with no expectation of privacy…”

The above scenario was one of many social-media quandaries presented during a table-top summit Tuesday at the 6th Annual HR in Hospitality Conference & Expo.

In this situation, you could fire Johnny, according to Gregg Gilman, an attorney with New York-based Davis & Gilbert LLP. A user who posts something on Facebook without the proper security filters does so with no expectation of privacy, he said. Thus, you treat the case as if you discovered the illicit relationship in one of the “old-fashioned” ways, such as hearing about it from another employee or observing certain tip-offs. 

“You have this new medium, but the same old rules apply,” Gilman said. “… If you operate by those rules, you’re going to be OK.”

Robert Mellwig, VP of HR for Englewood, Colorado-based Destination Hotels, agreed. “We don’t want to get distracted around the technologies,” he said. “… It could easily happen in any other form.”

Where an employer might get into trouble is if they “friend” an employee on Facebook under false pretences for the sole purpose of uncovering activity that runs counter to workplace policy, Gilman said.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7665/Social-media-brings-new-legal-issues-to-hotels

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by | March 2, 2012 · 8:03 am

Hospitality Industry Legal Risks: Florida Hotel Sued By U.S. Dept Of Labor For "Dodging Taxes By Paying Employees Entirely In Cash" And Denying Overtime

“…The U.S. Department of Labor says the Cavalier Hotel and Crab Shack on Ocean Drive owes its employees $160,000 and that owner Ralph Abravaya skirted taxes by paying his employees in tips and refusing them overtime pay…”

“…Department of Labor’s Wage and Hour Division, says a two-year investigation revealed Abravaya had dodged taxes by paying employees entirely in cash. He also underpaid them by denying them overtime when they worked more than 40 hours per week..”

An art deco hotel on South Beach is locked in a battle with the federal government over the kind of accusations that have gotten the 99 percent so riled up recently.

 “Yeah we screwed up,” Abravaya admits to Riptide. “Alright, so slap me in the hand. But don’t tell me you are going to destroy the business or fine me $300,000. If Abravaya loses in court, he will have to pay a total of $320,000 in fines and unpaid wages, plus court costs.

The hotelier admits that a manager did falsify records in an attempt to escape investigation. But Abravaya says he fired the employee as soon as he learned of the deception. He insists that when he took over the hotel and restaurant in 2009, he simply continued the policy set by the previous owner and paid the employees $6 an hour plus their tips — more than they were owed by law.

For more:  http://blogs.miaminewtimes.com/riptide/2012/03/cavalier_hotel_and_crab_shack.php

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by | February 29, 2012 · 8:01 am

Hospitality Industry Employment Risks: Hotel Management And Owners Must Have Firm And Comprehensive Policies For Hiring And Classifying New Employees

Hiring

Background checks are routine now, but one size does not fit all, explained Paul Wagner, shareholder of Ithaca, New York-based Stoke Roberts & Wagner. Know the different rules for each jurisdiction.

  • Beware of process and policy around background checks, where decisions might create discrimination issues related to U.S. Title VIII, or the Fair Housing Act, said David Sherwyn, professor at the Cornell University School, of Hotel Administration.
  • Ensure new hires don’t have restrictive covenants from prior employers, said Gregg Gilman, partner with New York-based law firm Davis & Gilbert LLP. Be sure to tell new hires explicitly, “We don’t’ want your former employers’ trade secrets.” “We’re seeing more and more of this kind of litigation,” Gilman said, adding it’s very expensive and disruptive to defend.

Classifications

 The U.S. Department of Labor’s definition of an independent contractor is not the only factor used in determining who is an employee. The courts use a more expansive test when determining who can file Title VII claims, which prohibits employment discrimination based on race, color, religion, sex and national origin, Sherwyn said. “The issue here is that people sometimes relax a little bit with contractors,” he said. Even if someone is not directly employed by your organization (i.e. a contractor) that person can still bring litigation against you.

  •  In light of increased enforcement by the DOL, companies should have protocols in place before classifying independent contractors, Gilman said. Have a written agreement stating the independent contractor is just that. And avoid the “perma-lancer,” or those permanent freelancers, who are more likely to be classified as regular employees, he said.
  • Self audit often, said Ilene Berman, a partner with Atlanta-based Taylor English Duma LLP. Annually review any exempt employee with “assistant” in the name as well as sous chefs and sales managers. Those are the positions most frequently targeted by plaintiff attorneys.
  • Check local and state laws because exempt in other states does not mean exempt in California, said Nancy Yaffe, partner with Los Angeles-based Fox Rothschild LLP. California is a different beast, she added. You have to analyze employee classifications on a continuous basis.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7647/26-legal-tips-for-hotel-HR-professionals

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by | February 25, 2012 · 9:26 am

Hospitality Industry Employee Risks: Pennsylvania Hotel Manager Charged With Felony Theft For "Activating Company Credit Card" And Making Over $20,000 In Purchases

“….(the former manager) …obtained and activated a credit card without the knowledge of the owners of Mifflinburg Hotel Inc./Scarlet D while he was employed as the manager…(he) then made numerous purchases from Oct. 13, 2010, through Oct. 7…”

A former manager at the Scarlet D/Mifflinburg Hotel is facing several felony theft charges after he allegedly activated a credit card in the business’ name and made purchases totaling $20,363.32.

David Alan Burns, 56, of 121 Georgetown Lane, Milton, was arrested and charged with felony counts of forgery-unauthorized act in writing, access device fraud, theft by deception, theft by failure to make required dispositions of funds received and receiving stolen property. He was arraigned and released on $25,000 unsecured bail.

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by | February 23, 2012 · 8:00 am

Hospitality Industry Employee Risks: Missouri Hotel Accounting Employee Pleads Guilty To "Stealing $170,000 From Petty Cash" Over Seven Years

Mosier was the director of accounting services at Springfield University Plaza Hotel and Convention Center. She admitted defrauding the hotel for more than seven years, beginning in January 2003, by inflating reports of spending from petty cash and diverting the money to her own bank account.

A southwest Missouri woman faces up to 20 years in prison after admitting she stole nearly $170,000 from a Springfield hotel where she worked.

The U.S. Attorney’s office says 47-year-old Janet R. Mosier pleaded guilty Wednesday to allegations in a federal information charging her with wire fraud.

A sentencing date will be scheduled later.

Read more: http://www.stltoday.com/news/state-and-regional/missouri/ex-employee-admits-k-theft-from-mo-hotel/article_70d0ebf8-7847-5c2a-82b4-43288b0a9560.html#ixzz1nDl3Hzry

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by | February 19, 2012 · 7:32 am

Hospitality Industry Employment Risks: California Hotel Owners Settle "EEOC Disability Discrimination Lawuit" Brought By Autistic Desk Clerk

“…the hotel’s owner, signed a three-year settlement agreement that will pay the clerk $125,000—and donate $7,500 to Partnerships with Indus­try, a San Diego-based nonprofit that provides employment support to people with disabilities…”

The EEOC and the Comfort Suites Hotel in Mission Valley have agreed to settle a lawsuit filed on behalf of an autistic desk clerk who sought state assistance to perform his job but was fired instead. It’s a case that shows how the threat of litigation can sometimes result in greater good.

The man asked California to provide a state-sponsored job coach. Even though the job coach’s serv­­ices were free, the hotel wouldn’t allow the coach to help the clerk. Eventually it fired the clerk, despite previous work experience showing that autism didn’t prevent him from being a solid employee.

After the clerk filed an EEOC disability discrimination suit, the two sides agreed to settle.

But Tarsadia didn’t stop there. In addition to totally revamping its reasonable accommodation procedures and policies, it will hire a consultant to train all employees about disability rights and reasonable ac­­­­com­­modation procedures. The consultant will hold supervisors and managers accountable for their actions in regard to disabled employees.

For more:  http://www.businessmanagementdaily.com/29400/socal-hotel-steps-up-after-firing-autistic-employee

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by | February 17, 2012 · 7:37 am

Hospitality Industry Guest Privacy Risks: Minnesota Hotel Employee, A Registered Sex Offender, Installed A Recording Device In Guest Room

 Marg is a registered sex offender and was convicted in 2002 of showing sexually-natured material to juvenile females in Wisconsin. Police are now searching Marg’s computer to see if it contains recordings of other hotel guests.

Honeymooners celebrating their wedding are recorded having sex at a St. Paul hotel. The couple had been hearing noises while staying at The 340 Hotel recently. Initially, the honeymooners thought they heard a noise near the hot tub. Later they learned the scary truth.

After noticing a large gap between their door and the floor the couple noticed a recording device. Police say the device contained a recording of the couple having sex.

Police say the device belongs to a 28 year old hotel desk clerk, Jeremiah Marg.

For more:  http://kstp.com/news/stories/S2488883.shtml?cat=1&loc=interstitialskip

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by | February 15, 2012 · 8:32 am

Hospitality Industry Health Risks: California Hotel Employees Taken To Hospitals After Chlorine Gas Release; Worker Accidently Mixed Bleach And Fluorosilic Acid

The accident happened when a worker accidentally mixed bleach and fluorosilicic acid.

Thirty Portola Hotel and Spa employees, mostly housekeepers, were back on the job Tuesday after being taken to three area hospitals Monday because of a chlorine gas release, said Janine Chicourrat, the hotel’s general manager.

“We’re having a better day today than we did yesterday,” she said.

Chicourrat said she has met with Cal-OSHA about the incident. “We’re just looking at all of our procedures together,” she said.

Republican presidential candidate Mitt Romney stayed overnight Sunday at the Monterey hotel but left before the evacuation of guests and workers.

Romney’s swift visit to the Peninsula was confirmed by local Republican Party spokesman Paul Bruno after the former Massachusetts governor’s campaign staff also confirmed it to local media.

For more:  http://www.montereyherald.com/local/ci_19965777/monterey-hotel-workers-back-job-after-chlorine-gas

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