Tag Archives: Hotels

by | December 13, 2013 · 12:06 pm

Hospitality Industry Employment Risks: Florida Hotel Settles Federal “Wage Violation” Investigation For $30,000 In Back Pay; Failed To Maintain Accurate Payroll Records

“Even when an employer contracts with a payroll service company, as this one did, the employer is required by federal labor laws to record and Hospitality Industry Wage Violation Lawsuitsmaintain accurate records of hours worked by employees. The employer is responsible for submitting accurate data for the preparation of employees’ paychecks,” said James Schmidt, director of the Wage and Hour Division’s Tampa District Office. “It is illegal for an employer to falsify the number of hours worked by employees.”

The division has noticed the noncompliance in the hospitality industry and is concentrating its resources on investigating and remedying violations, informing workers of their rights and providing compliance assistance to employers. Since 2009, the division has concluded nearly 5,100 cases involving hotel and motel employers, resulting in more than $16.1 million in back wages for more than 30,000 workers nationwide.

Olympia Development Group LLC, doing business as Safety Harbor Resort and Spa in Tampa, has paid 37 employees $30,786 in back wages after an investigation by the Wage and Hour Division of the U.S. Department of Labor identified violations at the resort of the Fair Labor Standards Act’s overtime, minimum wage and record-keeping provisions.

The investigation disclosed that management changed employees’ time records, removing hours they had worked before and after their scheduled shifts, and deducting meal breaks, regardless of whether those breaks had actually been taken. These deductions from employees’ timecards, in addition to violating record-keeping provisions, resulted in both minimum wage and overtime violations when hours worked went unpaid.     Additionally, tipped employees were paid in violation of FLSA minimum wage requirements when, in addition to their direct cash wages they received from the employer, they did not collect enough in tips to earn minimum wage, yet the employer failed to make up the difference. Tipped employees were also paid in violation of FLSA overtime requirements when their overtime rates were based on time and one-half their direct cash wages rather than the full minimum wage of $7.25 per hour.

The employer has paid all the back wages found due and has agreed to comply with the FLSA in the future.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour, as well as time and one-half their regular rates of pay for hours worked over 40 per week. In general, hours worked includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work, from the beginning of the first principal work activity to the end of the last principal activity of the workday. Additionally, the law requires that accurate records of employee’s wages, hours and other conditions of employment be maintained.

The Wage and Hour Division’s Tampa District Office can be reached at 813-288-1242. Information on the FLSA and other federal labor laws is available by calling the division’s toll-free helpline at 866-4US-WAGE (487-9243) or by visiting http://www.dol.gov/whd.

For more: http://www.dol.gov/whd/media/press/whdpressVB3.asp?pressdoc=Southeast/20131210.xml

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by | December 12, 2013 · 10:55 am

Hospitality Industry Crime Risks: Hotels Work With States To Reduce “Sex Trafficking” At Super Bowl Sites; Tens Of Thousands Of Women And Minors Victimized During Annual Event

“…The New Jersey Coalition Against Human Trafficking has taken several steps to raise awareness about the issue, training hotel managers on Child Sex Traffickinghow to detect and address trafficking in their establishments, and holding an informational rally replete with “elected officials, community activists, students, [and] artists.” Efforts like those in New Jersey and Arizona are aimed at duplicating past success at Super Bowl host sites…”

Before Super Bowl XLVI, held in Indianapolis in 2012, efforts from nonprofits and other activist groups helped generate a law making it easier to convict and punish pimps for victimizing people under 16 years of age. Those efforts don’t just fight sex trafficking around the Super Bowl — they also leave in place laws that are effective in limiting the practice long after the game is gone.

The enormity of the Super Bowl provides an ideal setting for traffickers to maximize profits. In Florida, for instance, “tens of thousands of women and minors” were victimized around Miami in 2009. Due to the influx of sports enthusiasts, there are more opportunities for sex solicitation – which pimps capitalize on. Additionally, the number of escort ads multiply closer to game day.

Led by Cindy McCain, the wife of Arizona Sen. John McCain (R), the task force issued 28 recommendations for reducing sex trafficking in the state. The task force, for instance, recommends increased protections for sex trafficking victims who are minors and the recognition of girls as victims in need of help instead of prostitutes. It suggests changing current state law to treat 15-, 16-, and 17-year-old victims of sex trafficking the same way it treats girls who younger than 15. It also suggests increasing penalties for johns and devoting resources to public awareness campaigns to combat the prevalence of sex trafficking.

Anti-trafficking outreach before the annual event is not unique to the Copper State, and advocacy campaigns have produced tangible results around past editions of the Super Bowl. Activists in New York and New Jersey are bracing for Super Bowl XLVIII – which they’ll host in February at New Jersey’s MetLife Stadium.

For more: http://thinkprogress.org/sports/2013/12/12/3050121/combating-human-trafficking-arizona/

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by | December 9, 2013 · 6:53 am

Hospitality Industry Security Solutions: Hotels Increasingly Providing Dedicated “Women’s Floors”; Increased Security And Amenities For Female Travelers

“…The Crowne Plaza Bloomington in Minneapolis also has a Women’s Floor with additional security features and amenities…The hotel saw a Hotel Safety Concerns For Female Travelersneed, given that females now make up 47% of the guest population at Crowne Plaza Hotels and Resorts, says Gina LaBarre, vice president of brand management for Crowne Plaza…”

“…Hotels are responding by setting aside floors with special key access and amenities that women typically prefer…The Naumi Hotel in Singapore has dedicated the third floor, which has nine rooms, to female travelers. Guests have to use a special access card to get in. Amenities include hair straighteners, sanitary products and yoga mats…”

Book a room on the 11th floor of the Hamilton Crowne Plaza here,  and you’ll get special bath salts and body products, a magnifying mirror, nail polish, nail files and a curling iron. They’re not exactly the types of amenities that men would go for, but that’s the point.

The Hamilton Crowne Plaza is one of a small, but growing number of hotels offering floors dedicated to female travelers. These hotels are particularly trying to appeal to female business travelers, who are moving up the career ladder and hitting the road more often.

For more:  http://www.usatoday.com/story/travel/hotels/2013/12/08/hotels-women-only-floors/3910931/

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by | December 7, 2013 · 2:35 pm

Hospitality Industry Risk Solutions: Hotels Benefit From Online “Digital Suggestion Boxes” Allowing Workers To Upload “Great Ideas” That “Manifest Their Visions” Of A Better Workplace

“…Last year, hotel company Kimpton, which operates 50 boutique hotels nationwide, launched a “Great Ideas Board” website where employees Hospitality Employee Solutionscan upload suggestions and brainstorms at any time, from anywhere. Co-workers are able to log on and build on those suggestions. Steve Pinetti, Kimpton’s senior vice president of inspiration and creativity, started the concept to get employees brainstorming together. Either he or the appropriate division head provides a response to every post within 48 hours…”

The physical suggestion box has gone digital, creating new opportunity for workplace communication. From phone applications to websites to intranet portals and blogs, businesses are replacing paper communication with an online format where employees can manifest their visions and ideas.

“Companies have discovered that the ability to let their employees give ideas and share information is critical,” said Leslie Caccamese, director of strategic marketing and research with Great Place to Work. With employees often dispersed in multiple locations, leaders are turning to technology to encourage innovative ideas and help transmit them to the key decision-makers within the company. The companies that land on the Best Places to Work lists are those that have a foundation of communication, and increasingly, electronic suggestion boxes are part of their programs, she said.

Research shows employees want to have their say on issues or problems that arise in the workplace. On an informal basis, some 54 percent of employees make suggestions to their bosses at least 20 times a year, according to a recent survey by Right Management, an international career and outplacement consultancy. But without a formal system to submit ideas and respond, only a small number of those suggestions turn into results.

Read more here: http://www.charlotteobserver.com/2013/12/06/4524967/employee-suggestion-boxes-move.html#storylink=cpy

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by | December 5, 2013 · 9:04 am

Hospitality Industry Legal Risks: Hotels And Restaurants Hopeful Of “Patent Troll Litigation” Relief As Congress Begins Consideration Of H.R. 3309 (The Innovation Act) On December 5

“…(Patent Troll Litigation) threaten(s) litigation if (businesses) don’t pay a licensing fee for their alleged patented technology, but their demands Hospitality Industry Patent Litigationare so obscure that it is virtually impossible to determine the validity of the patent claims, or even whether they own the patent in question. When we receive a patent assertion claim, it typically comes in the form of a letter demanding that we pay licensing fees or be taken to court…expenses include the costs associated with hiring outside counsel. In the past two years, our legal costs associated with patent trolls have increased from one-quarter of one percent to nearly twenty percent of our total legal costs…”

H.R. 3309 (The Innovation Act) requires a party alleging patent infringinement to disclose more information than is currently required in its initial pleadings.  Speficially, the bill requires a claimaint to identify the patents and claims that are allegedly infringed; and to specify how they are being infringed.

White Castle first opened our doors in Columbus in 1921. Today, our nearly 10,000 team members working in 406 restaurant locations across 12 states deliver the “Taste America Craves.” We remain a family owned business committed to our customers and our communities.  Our success has been driven by the principle that good business, great food and responsible citizenship should all go together.

The restaurant industry, with nearly one million locations, is an incredibly competitive industry. We are constantly seeking new ways to provide additional value to our customers and keep them coming back to our restaurants. This includes our online ordering applications to searching for your nearest white castle location on your mobile device.

Unfortunately, there is a rising threat to White Castle and many other companies interested in providing our customers with the experience they want…it’s called a “patent troll.”  Now, as you can assume by the name, these patent trolls aren’t your legitimate patent holders or small inventors.  These are entities that are created to exploit ambiguities in the patent system to make money off of Main Street businesses.

For more:  http://thehill.com/blogs/congress-blog/technology/192101-patent-trolls-are-gobbling-up-restaurant-innovation

http://www.gop.gov/bill/113/1/hr3309

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by | December 3, 2013 · 9:07 am

Hospitality Industry Technology Issues: Hotels And Restaurants Face “Privacy Issues” When Guests Wear “Google Glass”; Videotaping Without Permission

“…there are definitely privacy implications for those who wear and use Google Glass in public…People want to go (to restaurants and hotels) and not be known … and Hospitality Industry Google Glass Privacydefinitely don’t want to be secretly filmed or videotaped and immediately put on the Internet…as a society, know how to appropriately use our mobile phones, (and) most Google Glass wearers (should) know how to appropriately use them as well…”

In an effort to protect patrons in his restaurant from being photographed or videotaped without permission, Seattle restaurant owner Dave Meinhart  banned Google Glass from one of his restaurants. But last week, Nick Starr, a local early adopter of Google Glass, was kicked out of Dave’s other restaurant, Lost Lake Cafe & Lounge, starting a PR storm by demanding an apology and the firing of the waitress who kicked him out.

In just a few weeks, thousands of people will become the next wave of not-so-early adopters to receive Google Glass. Initially launched in early 2013, Google Glass quickly became a hot topic for tech pundits who questioned its ability to protect privacy, its usefulness, and whether or not it would be as cool as the bluetooth was.

For more:  http://www.forbes.com/sites/kellyclay/2013/12/03/how-to-not-look-like-a-jerk-with-google-glass/

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by | December 2, 2013 · 12:02 pm

Hospitality Law Insider: Managing The Risks Of “Bedbugs” By Stephen Barth Of HospitalityLawyer.com (Video)

HospitalityLawyer.com Education Partner II

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Hospitality Industry Technology Solutions: “Top 5 Trends In Hotel Technology” Feature Importance Of “Electronic Device Support” And “Real-Time Online Pricing & Reservations”

Top 5 Trends

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by | December 1, 2013 · 9:35 am
by | November 30, 2013 · 11:53 am

Hospitality Industry Property Risks: North Carolina Hotel Suffers “Extensive Water Damage” From Fire Sprinklers Activated By Small Heating Unit Fire

“…Most of the damage was from the sprinkler system…once a fire activates the system, the sprinklers will continue to pour water (up to 40 Hotel Water Damagegallons per minute) until someone shuts them off…workers from a disaster recovery service, hauled fans and dehumidifiers to the damaged rooms. Workers had torn up soaked carpets from several of the rooms and at least half of one of the hallways…”

A small fire in a failed heating unit in an unoccupied room at the Holiday Inn on Glenwood Avenue on Thursday night caused extensive damage, but not because of the flames. Fire sprinklers doused the entire 10th floor of the building, soaking carpets, furniture and wallpaper. Damage extended to an estimated 25 percent of the building, according to a Raleigh Fire Department report.

About 70 firefighters arrived at the hotel just before 9 p.m. Thursday, but the sprinklers had already quenched the flames. No one was injured.

“They are designed to put a fire out, and the only way they can do that is to flow a lot of water,” Hicks said.

Read more here: http://www.newsobserver.com/2013/11/29/3417282/fire-extinguishers-at-holiday.html#storylink=cpy

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by | November 29, 2013 · 8:57 am

Hospitality Industry Legal Risks: “How To Serve Alcohol At A Company Party Without Getting Sued” By Tom Posey

HospitalityLawyer.com Education Partner II

How to Serve Alcohol at a Company Party Without Getting Sued

By Tom Posey, Partner, Faegre Baker Daniels

With the holidays right around the corner, many businesses will host festive company outings and events for their employees, including parties at the office—and often these celebrations include alcohol.

Employers need to understand the legal parameters of having alcohol in the workplace in order to establish a safe, responsible and enjoyable work environment for their employees. A few common questions from employers at this time of year are:

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Some states have laws that govern “social host liability.”  Through these laws, bartenders or social hosts can be held liable for events that result from over-serving someone (e.g. accidents, injuries, etc.).  These laws would make the organization responsible for monitoring consumption and cutting off drinking by anyone who becomes intoxicated, so be aware of the laws in your jurisdiction.

If some of our employees are under the legal drinking age, can we still serve alcohol?

Employers must ensure that no one underage has access to alcohol. If alcohol is served to a minor, the employer can be subject to the same stiff fines and penalties that a store or bar that serves a minor would face.  Accordingly, if underage employees will be attending the party, employers must be vigilant in making sure that they are not served or allowed access to alcoholic beverages.

If an employee has too much to drink and has an accident, it is still covered by our insurance, right?

Employers who provide alcohol to their employees may unwittingly negate coverage under their general liability insurance policies and be on the hook for costs associated with alcohol-related incidents or injuries, so be aware of the limitations and exceptions applicable to your organization’s employee-related policies.

Any other legal risks the organization might face if alcohol will be served at holiday functions?

There is an increased risk of sexual harassment-related complaints that result from company events where alcohol is present (e.g. the stereotypical office holiday party HospitalityLawyer Converge Solutionsthat is always satirized in movies and TV shows).  Remember that even though the function might be held outside normal working hours, employees are still afforded protection from harassment or other inappropriate conduct that might be directed at them by their colleagues.

For more:  http://hlconverge.com/index.php/component/k2/item/696-how-to-serve-alcohol-at-a-company-party-without-getting-sued

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