Tag Archives: Hotel Management

by | January 10, 2014 · 8:12 am

Hospitality Industry Legal Risks: “Costa Mesa to Slap Hotels With Fines For Too Many Police Calls”

“…Under the ordinance approved Tuesday, motels and hotels could incur fines of hundreds of dollars if they generate above an average 0.4 calls per room per month for recurring “nuisance activities.” Those activities were defined as including persistent noise, gang-related crime,Image illegal use of a firearm, disturbing the peace, illegal use or sale of fireworks, drug possession or sale, underage drinking and loud parties. Violent felonies are also covered…”

Costa Mesa hotels will have to pay a fine if they attract an “excessive” amount of police attention under a new law aimed at properties run by what one City Council member referred to as “slumlords.”

Under the ordinance approved Tuesday, motels and hotels could incur fines of hundreds of dollars if they generate above an average 0.4 calls per room per month for recurring “nuisance activities.” Those activities were defined as including persistent noise, gang-related crime, illegal use of a firearm, disturbing the peace, illegal use or sale of fireworks, drug possession or sale, underage drinking and loud parties. Violent felonies are also covered.

Reporting domestic violence and summoning fire or ambulance services, however, are not considered nuisance activities under the ordinance, the Daily Pilot reported.

For more: http://www.latimes.com/local/lanow/la-me-ln-costa-mesa-hotels-fines-police-calls-20140109,0,1005916.story#axzz2q0jOZxiH

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by | February 20, 2013 · 6:42 am

Hospitality Industry Social Media Management: Hotel Management Must Have Policies In Place To Deal With An “Online Reputation Crisis” Including “Act Quickly, Publish Official Response, Remove Content And Rally Supporters”

Given the rapid-fire pace at which content can spread via social networks, hotels have never been more vulnerable. A seemingly minor issue can quickly escalate into a full-blown crisis, causing serious damage to Hospitality Industry Social Media Managementreputation.

After a power outage at a Texas hotel last summer, a paralyzed American war veteran called the front desk to request help from his room. For reasons not entirely clear, the clerk allegedly laughed at the request and mocked him. The guest got down by throwing his wheelchair and bags down three flights of stairs and sliding down on his backside. Then he went to straight to the media.

The incident incited a public furor that quickly spread to social networks. The hotel, its employees and the entire brand came under attack, with expressions of outrage and calls for a brand-wide boycott. Despite a solid reputation, it seemed nothing the brand could do—issue a refund and a public apology, dismiss the employee, implement staff training—would appease detractors.

  • Be prepared – Given the risks involved, a social media policy with a crisis management component must be a priority. Outline the steps to take in the event of a crisis, the people responsible, and the role social media will play in messaging. Keep a list of emergency contacts at hand, including your social media administrator.
  • Act quickly – When a crisis hits, there’s no time for bureaucracy. You must respond quickly and decisively. But first you must assess what’s at stake. Include senior management in decisions, and if appropriate seek advice from a PR firm or lawyer.
  • Publish an official response -  An official response is a critical step. It should be honest and sincere, should speak to your company’s credentials, and should be authored by a senior executive. Post it to one channel—your website or blog, a video—and direct all inquiries there.
  • Rally supporters – Call on your community of fans to help get your messaging out. Their words will have more impact and reach than official brand messages.
  • Don’t fuel the fire – Buchmeyer tells me of another incident in which a client attempted to quell a spate of angry comments on its Facebook page by deleting them and blocking detractors. This only resulted in escalating the situation. Monitor conversations and respond as appropriate, but resist the urge to sanitize. In some cases it may be better to “go dark” on social media rather than draw attention to the issue and further provoke detractors. This is especially true in the case of a tragedy or natural disaster, when communications should be restricted to community support and keeping guests informed.
  • Get the content removed – Getting damaging content taken down can be challenging, especially if it has spread to multiple channels. Go to the source and ask them to remove it, but don’t be heavy handed. At the same time, appeal to the host site to have it removed. Litigation is an option if the content is libelous, but use it as a last resort. Engage in charitable causes and community work that will garner positive content to displace the negative.
  • Reputation management—a company wide function – The media loves a scandal, and exposés of security, sanitation and safety issues are popular topics that can be highly damaging to business. Employees must be aware that social media has raised the stakes. The consequences of guest mistreatment, negligence and lapses in quality, service and security can be severe. Management must play its part by providing the training, empowerment and support necessary to ensure standards are understood and upheld.

For more:  http://www.hospitalitynet.org/news/154000320/4059521.html

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

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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 | August 17, 2012 · 6:48 am

Hospitality Industry Legal Risks: California Hotel Owner Found Guilty Of Violating "Unruh Civil Rights Act" For Discrimination Against Religious Group; $1.2 Million Statutory Damages And $440,000 In Punitive Damages Awarded By Jury To Plaintiffs

“…The jury decided on Wednesday that the hotel and Adaya violated California’s Unruh Civil Rights Act, which bars hotels and other business from discriminating on the basis of sex, race, color or religion…the hotel and owner were also ordered to pay approximately $440,000 in additional punitive damages to the plaintiffs…”

A Muslim hotel owner discriminated against a Jewish group during a Southern California poolside charity event by ordering removal of banners and ousting them from the pool and spa, a jury decided in awarding $1.2 million statutory damages. The suit was filed by Friends of the Israel Defense Forces, whose members had gathered two years ago at Santa Monica’s ocean-view Hotel Shangri-LA, which is owned by Tehmina Adaya. The owner is a Muslim of Pakistani descent.

The event was organized by Platinum Events, a marketing firm that had organized other gatherings at the Shangri-La after a $30-million renovation three years ago.

Workers and security guards at the Art Deco hotel were acting on Adaya’s orders when they told members of the group to get out of the pool and spa and remove banners and literature, according to trial testimony.

In her testimony, Adaya denied ordering a halt to the event for fear that her family would cut off her financing. Adaya inherited control of the hotel from her father, Ahmad Adaya, a real estate tycoon and philanthropist who died in 2006.

For more:  http://www.jewishjournal.com/thenon-prophet/item/additional_440000_in_punitive_damages_imposed_on_hotel_shangri-la_20120816/

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by | August 15, 2012 · 6:59 am

Hospitality Industry Legal Risks: California Hotel Sued By Homeowner Claiming Noise From Events Has Caused Them "Pain And Suffering" And "Diminished Property Value"

“Plaintiffs have been hurt and injured in their health, strength, and activity, sustaining injury to their nervous system and person, all of which injuries have caused, and continue to cause, plaintiffs great mental, physical, and nervous pain and suffering,” said the lawsuit.

The lawsuit seeks an injunction barring the resort from generating noise that disturbs the Mendez family, such as amplified music, and unspecified monetary damages.

A Fairbanks Ranch couple has sued the Rancho Valencia Resort, alleging that noise from resort events has caused them pain and suffering, diminished their property value and violated county noise ordinances.

Angel and Linda Mendez, who live on Avenida Las Perlas, filed their lawsuit in Vista Superior Court on May 22. The lawsuit alleges that the problem has occurred since a group of investors purchased the resort, at 5926 Valencia Circle in April 2010.

“Defendants, and each of them, have occupied, used, and maintained these premises in such a manner that the sound of music, shouting and other accompanying noises generated by means of a loudspeaker, sound amplification system, public address system, or otherwise, during parties hosted by defendants, and each of them, travels well beyond the borders of the defendants’ property and into the Mendez property,” said the lawsuit.

For more:  http://www.ranchosantafereview.com/2012/08/14/lawsuit-regarding-noise-issues-filed-against-resort-in-rancho-santa-fe/

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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 | May 17, 2012 · 6:38 am

Hospitality Industry Legal Risks: Nevada Hotel Sued For "Pregnancy Discrimination" By Room Service Sales Employee; Additional "Class-Action" Allegations For Unpaid Wages

In the same filing to sue the hotel for unspecified damages for pregnancy discrimination, Megia also made class-action allegations for unpaid wages on behalf of the hotel’s employees.

“…employees were not permitted to wear their uniforms outside work and had to pick up and drop off their uniforms before and after their shifts, often leading to additional overtime for which they were not paid, the suit claimed…”

Melodee Megia, a former employee at The Cosmopolitan Resort and Casino in Las Vegas, claims she was told she was fired from her job for saying “bye bye” on the telephone instead of “goodbye” while eight-months pregnant.

She has filed a lawsuit against the hotel for pregnancy discrimination and a class-action suit for workers’ wages, saying employees were not paid for the time they had to wait for and change into their uniforms on a daily basis.

Megia worked at the hotel from November 2010 until September 2011, when she said she was fired “based on her pregnancy,” according to court papers filed with the Clark County District Court in Nevada last week.

Megia was a “room service sales” employee answering the telephone when hotel guests called for room service, occasionally assisting in room delivery, her lawyers said.

For more:  http://abcnews.go.com/Business/fired-las-vegas-hotel-worker-sues-pregnancy-discrimination/story?id=16361237

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by | February 14, 2012 · 1:23 am

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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by | January 30, 2012 · 9:07 am

Hospitality Industry Legal Risks: Hotel Owners And Management Will Face Numerous Compliance And Regulatory Issues In 2012

“The biggest issue hotel managers face in the coming year vis-à-vis the law is compliance with the myriad applicable statutes, rules and duties owed…”

A hotel faces potential legal consequences for all of the following:

  • negligence in the maintenance of its premises
  • failure to comply with the Fair Labor Standards Act (minimum pay, overtime pay, equal pay, child labor)
  • discrimination against employees based on minority status
  • denial of services to guests perceived as illegal discrimination
  • contending with internet reviews, disagreements with a franchisor
  • overstepping bounds with unions
  • misapplying tip pools
  • eradicating bed bugs and other pests
  • dram shop violations
  • food issues
  • security concerns
  • insufficient insurance
  • trademark and copyright violations
  • securing and maintaining necessary business licenses
  • tax obligations
  • sanitation issues in spas
  • contract disagreements with suppliers
  • guests’ rights to privacy
  • SEC mandates
  • Managing employees to ensure compliance with all of the above, and much more.

For more:  http://www.hospitalitynet.org/news/154000320/4054640.html

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by | November 18, 2011 · 6:37 am

Hospitality Industry Guest Safety: Hotel Management Must Have "Guest Privacy" Policies To Protect Names And Room Locations

“…Privacy is key when it comes to safety in a hotel, most importantly at check-in…”

“If the person giving you your key says your name out loud or your room number, you want to be sure to get another key and another room, because anyone lingering in the lobby could overhear that.”

  • Female travelers should “never put down your name. Just put down your initials and never indicate you’re just one person.”

Greg O’Neill, who heads up security at Boston’s Mandarin Oriental, says security measures generally work, when guests use them:

  • … take advantage the in-room safe. You’ll find this in most every hotel
  • …take advantage of the peephole in the door, and be aware of the nearest exit

Here’s another tip: check crime statistics for particular neighborhoods before making a hotel reservation. Most police web sites will have those details.

Security experts also suggest taking your room key out of the little envelope they give you at check-in, because it usually has your room number on it.

For more:  http://www.14news.com/story/16068750/experts-providing-hotel-safety-tips-around-the-holidays

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