Tag Archives: Hotel Employees

Hospitality Industry Legal Risks: Massachussetts Hotel Settles Class-Action Lawsuit Over "Withholding Portion Of The 20 Percent Service Charge" Billed To Banquet Patrons

One-third of the 20 percent service charges billed to patrons at banquets was withheld, said Anthony Chavarry of Dalton, who was the whistleblower and leading plaintiff on behalf of the workers.

“…only employees directly involved in service to customers are entitled to share tips — waitpersons, bartenders and buspersons are included. But food and beverage service managers, sales staff and others are not entitled to any portion of gratuities…”

The Crowne Plaza Hotel, owned by the Berkshire Common Corp., has agreed to settle a class-action lawsuit filed at Berkshire Superior Court in November 2009 on behalf of 150 current and former employees who served customers at banquets between November 2006 and June 2010 at the city’s largest lodging establishment.

The $1.3 million settlement, which awaits expected final approval at a fairness hearing May 1, includes legal fees. The workers will share about $850,000, depending upon the amount of time they were employed at the hotel during the period covered by the lawsuit, said attorney Paul Holtzman of the Boston firm Krokidas and Bluestein, which specializes in employment law.

Some employees may see payouts in the tens of thousands of dollars, he said. After the settlement gains the final green light from Berkshire Superior Court, Berkshire Common is required to send out settlement checks by Oct. 17, according to court documents. Copies of the settlement documents are in the mail to the employees affected.

The hotel does not admit any liability, according to the class-action settlement documents.

For more:  http://www.berkshireeagle.com/ci_19954538

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

Hospitality Industry Crime Risks: Louisiana Hotel Director Of Security "Indicted By Grand Jury" For Allegedly "Covering Up Rape" In Hotel

“As the director of security, etc., if you see what you perceive to be a crime, you need to call it in and let the police and the district attorney sort it out…they may have made some decisions of their own to not do that, and now the district attorney feels like what they did was a crime, which is covering up a bigger crime of aggravated rape.”

An Orleans grand jury indicted three people Thursday, one on a rape charge, and two Sheraton hotel employees for allegedly trying to cover it up.

One of those facing charges is the hotel’s former head of security.  FOX 8 sources say the rape took place in an ice room on the 44th floor of the Sheraton hotel in Dec. 2010.

We’re told a security guard responded to the call from a guest, and that guard witnessed the rape.  But one source says the hotel’s director of security, 31-year-old Antonio Rodriguez, instructed the guard to write up the report as a non-complaint, instead of a rape.

The grand jury indicted 21-year-old Anthony Davis with one count of aggravated rape, and now Rodriguez and the manager on duty that day, 23-year-old Lila Schwary, both face a charge of conspiracy to compound a felony.

For more:  http://www.fox8live.com/mostpopular/story/Three-indicted-for-Sheraton-Hotel-rape/7Blf6YYAHki8kMzmEZ8fwg.cspx

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

Hospitality Industry Employee Risks: New York City Hotel Housekeeper's To Carry "Security Panic Button" Devices In Wake Of Sexual Assault Case (Video)

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Nine months ago a hotel maid accused Dominique Strauss Kahn of sexual assault. The case was dropped but now NYC hotel owners and the union that represents maids wants all housekeepers to carry a security ‘panic button.’

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Filed under Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management, Technology

Hospitality Industry Employee Risks: Alaska Hotel Operator Ordered By Federal Judge To "Restore Terms And Conditions Of Employment" Prior To 2009 Union Negotiation Stoppage

 “…The injunction comes after a three-year legal battle. It requires the Sheraton take steps to restore the terms and conditions of employment as they existed prior to the hotel’s decision to stop union negotiations in 2009…”

Anchorage hotel workers are celebrating after a federal judge issued a preliminary injunction against Remington Hospitality, the Texas-based operator of the city’s Sheraton Hotel.

Fay Gavin, a banquet server with 24 years with the Sheraton says she joined the lawsuit after management started doing things like cutting lunch breaks, increasing workload and giving away hours to temp workers.   The injunction, she says, is a step in the right direction.

“With this injunction we’re going to get our seniority back. With seniority, hopefully some of us will have an income again. And then down the road, the fired employees will be coming back, we hope to get back and get a contract, a fair contract and have respect again,” Gavin said.

For more:  http://www.alaskapublic.org/2012/02/06/judge-issues-preliminary-injunction-against-sheraton-hotel-operator/

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

Hospitality Industry Legal Risks: Texas Hotel Employee Files "Trip-And-Fall Lawsuit" For Negligence In "Failing To Secure Floor Covering During Construction"

 “…Gonzales was working at the Holiday Inn on Walden Road when she tripped over a loose floor covering placed in the area where ISC was contracted to perform repair work…Gonzales is suing for her past and future mental anguish, pain, medical expenses and lost wages, plus exemplary damages…”

A trip-and-fall lawsuit, which was slated to be tried in December, will now be tried in May. Holiday Inn employee Carol Gonzales filed suit against Insurance Services Construction on Oct. 20, 2010, in Jefferson County District Court, alleging the company negligently failed to securely fasten a floor covering while performing work at the hotel.

International Catastrophe Solutions was later added as a defendant, court papers say. On June 22 Gonzales filed a motion for continuance, asking that the case be continued “for a couple of months based on the fact that ICS has still not” officially answered the suit, the motion states.

A hearing on the matter was held Aug. 22. Judge Bob Wortham, 58th District Court, decided to take no action on the motion. However, on Nov. 16 an amended discovery control plan order was entered in the case, bumping the case from the court’s December docket to the May.

For more:  http://www.setexasrecord.com/news/241507-trip–fall-trial-bumped-to-may

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Filed under Claims, Health, Injuries, Insurance, Labor Issues, Liability, Risk Management

Hospitality Industry Legal Risks: Texas Hotel Sued By Family Of Housekeeper Who Died Falling Down Service Elevator Shaft; State Required Inspection Two-Weeks Overdue

“…Gloria Rodriguez, 65, had been an employee at the Crockett Hotel for 12 years when she fell six stories down the service elevator shaft Dec. 28. The elevator’s state-required annual inspection was more than two weeks overdue at the time…”

The family of a Crockett Hotel housekeeper who plunged to her death down an open elevator shaft last month has filed a wrongful death lawsuit.

Named in the suit are New Jersey-based Otis Elevator Company and 1859-Historic Hotels Ltd., a Galveston-based company that owns the Crockett Hotel and the nearby Menger Hotel in downtown San Antonio.

“Based upon current information, it is believed that she attempted to get on the elevator but when the doors opened there was no elevator, causing her to fall,” Houston-based attorney James Hada wrote in the suit, filed Wednesday.

Read more: http://www.mysanantonio.com/news/local_news/article/Wrongful-death-suit-filed-for-fatal-elevator-2519149.php#ixzz1jSJFD4KN

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

Hospitality Industry Employee Risks: Tennessee Hotels Fined By Department Of Labor For "Fair Labor Standards Act" Minimum Wage Violations

“…Violations included charging excessive room and board to employees who also lived at a property or paying housekeepers by the room cleaned, resulting in a person’s pay falling below the $7.25 minimumwage; paying “straight time” for all hours worked, including overtime; and failing to pay for all hours worked by temporary employees…”

The U.S. Department of Labor said Wednesday that 35 franchised hotels and motels, including 11 in Middle Tennessee, violated minimum wage, overtime and other labor laws during the fiscal year ended Sept. 30. The agency said it fined those businesses a cumulative $14,552 and recovered more than $173,000 in wages owed to 283 employees.

Some hotel and motel operators also misclassified employees as independent contractors, denying them legal protections under federal labor laws, the agency said.

The citations and fines are part of a multiyear enforcement initiative focusing on Tennessee’s hotel and motel industry, in which regulators have “found widespread noncompliance with the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act,” the agency said in a news release.

For more:  http://www.tennessean.com/article/20111215/BUSINESS01/312150046/U-S-Labor-fines-11-Middle-TN-hotels-wage-violations?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

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Filed under Labor Issues, Legislation, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Employee Risks: Washington DC Hotel Sued By Muslim Employee For Discrimination When He Was "Prohibited From Serving Israeli Delegation" (Video)

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The Mandarin Oriental Hotel in DC barred a Muslim employee from serving an Israeli delegation, CNN’s Barbara Starr reports.

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

Hospitality Industry Employee Risks: 61-Year Old California Hotel Housekeeper Arrested For Theft While Cleaning Guest Rooms

“…while she was cleaning she was seen taking a woman’s watch and hide it in the room… she was seen entering the room again and retrieve the watch, conceal it upon her person, and leave the room. It was then the trap was sprung and she was detained by security, who also took the watch back from her…”

“…officers arrested this 61-year-old cleaner from Los Angeles, and she was charged with burglary. Her bail was set at $50,000…”

On Friday, Nov. 11, at 12:55 p.m. officers of the Santa Monica Police Department went to the Fairmont Hotel, located at 101 Wilshire Boulevard, in order to investigate a report of a suspect who was being held at the hotel by their security chief in regard to some allegations of theft. When the officers arrived at the scene they spoke with the Director of Security who told them the detainee was an employee of the hotel.

He said there had been a number of thefts from the hotel rooms reported, and that the person, who was a cleaner at the Fairmont, had become the prime suspect. On the day prior to the officers being called the hotel, security had prepared a room with several items in order to make the room appear occupied by a guest. They had then placed a hidden camera inside the room.

For more:  http://www.smmirror.com/#mode=single&view=33538

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

Hospitality Industry Employee Risks: Former Housekeepers File Complaint With EEOC Against California Hotel Claiming They Were Fired After "Complaining About Photos Posted On Bulletin Board"

“…not seeking monetary damages, but that they just want their jobs back with back pay. But, if necessary,..they would file a lawsuit against the hotel…”

The Reyes sisters claim someone posted photos of their faces atop bikini-clad cartoon images on a bulletin board in a hallway in the housekeeping department that is accessible only to employees.

Two former Santa Clara Hyatt Regency workers filed a complaint against the hotel with a federal employment agency Friday claiming that management fired them after they objected to photos of their faces pasted atop bikini-clad cartoon images on a company bulletin board.

The workers, Lorena Reyes, 50, of San Jose, and Martha Reyes, 48, of Milpitas, filed a complaint with the Equal Employment Opportunity Commission against the Santa Clara Hyatt Regency where the sisters worked in the housekeeping department for six years until they were fired in mid-October.

The complaint follows a discord that sparked between the sisters and Hyatt management during “Housekeeping Appreciation Week” in September during which Lorena Reyes, who has worked for the Hyatt for 24 years, and Martha Reyes, who has six years experience at the company, were both being honored.

 For more:  http://www.nbcbayarea.com/news/local/134174328.html

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