Tag Archives: Hotels

Hospitality Industry Legal Risks: New York Hotel Sued By Employee For “Sexual Harassment” And Physical Abuse; Managers Failed To Intervene

“…(the plaintiff) claims she was the target of unwanted  physical contact and verbal abuse by multiple male co-workers…she contends that when Hospitality Industry Harassment Lawsuitsshe complained, her supervisor did nothing, but her  co-workers became vindictive…”

A kitchen worker has slapped the Grand Hyatt New York with a lawsuit,  claiming managers of the luxury hotel looked the other way while frisky male  co-workers made her work life a living hell. She said one co-worker threatened to hire a hit man to kill her and another  vowed to “beat her up” if they lost their jobs because she complained.

Her lawsuit in Manhattan Supreme Court, filed Monday, also names her union,  the New York Hotel & Motel Trades Council, as a defendant for failing to  intervene on her behalf.

Her lawsuit names a sous chef who she says walked up behind her and unsnapped  her bra, and another colleague who allegedly walked up behind her and put his  hands in her pants.

Read more: http://www.nydailynews.com/new-york/kitchen-worker-sues-grand-hyatt-claiming-sexual-harassment-article-1.1412285#ixzz2aXUxTPs4

Read more: http://www.nydailynews.com/new-york/kitchen-worker-sues-grand-hyatt-claiming-sexual-harassment-article-1.1412285#ixzz2aXUZmaxJ

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

Hospitality Industry Pool Safety: “The Model Aquatic Health Code: Making Swimming Healthy And Safe”

Model Aquatic Health Code CDC-page-001

Model Aquatic Health Code CDC-page-002

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Filed under Guest Issues, Maintenance, Management And Ownership, Pool And Spa, Risk Management, Training

Hospitality Industry Safety Risks: Ohio Hotel Sued For “Negligence” By Family Of Security Guard Stabbed To Death By Homeless Man; “Unlocked Outside Stairwell Doors” Posed Safety Threat

“…(the suit claims) the  hotel was obligated to provide a safe place for its employees to work, (but) the outside stairwell doors were left unlocked as Hotel Wrongful Death Lawsuitspart of hotel  policy…the suit claims the  hotel’s employees routinely left exit doors to the stairwells unlocked from the  outside, and the family’s attorney said this allowed the homeless (man) to come inside and sleep…the  safety threat posed by the unlocked doors was foreseeable and should have been  prevented…”

The family of a security guard who was stabbed to death while on duty has sued  the hotel where he worked. Richard Campbell was  stabbed to death on his 58th birthday, Dec. 7, when he confronted a man in the  stairwell of the Hilton Netherland Plaza in downtown Cincinnati. Joseph Tucker pleaded  guilty last month to one count of murder in the slaying and was sentenced to 15  years to life in prison.

Tucker said he was high on  marijuana and drunk at the time, and he said he’s not sure why he stabbed  Campbell. Police said Tucker was in  the process of stealing something when the security guard confronted  him. Campbell’s brothers and  sisters filed a lawsuit Tuesday in Hamilton County Common Pleas Court, claiming  the hotel was negligent.

Read more: http://www.wlwt.com/news/local-news/cincinnati/family-of-slain-security-guard-sues-hotel/-/13549970/21181176/-/qbalbyz/-/index.html#ixzz2aLjd0nBP

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Filed under Crime, Guest Issues, Injuries, Insurance, Labor Issues, Liability, Maintenance

Hospitality Industry Theft Risks: Vermont Motel Employee Charged With “Felony Embezzlement” After Stealing $220,000; Cashed Fraudulent Checks In Another Town To Escape Attention

“…(the defendant) is accused of using her position as the part-time bookkeeper for the Shire Riverview motel to divert over $220,000 to her personal use, primarily through a series of checks that were made out to herself and through electronic payments of her own household bills Hotel Employee Theftdirectly from the inn’s bank account…Although the Inn had a computerized QuickBooks system that the DiCarlos said they reviewed periodically, Dorothy DiCarlo wrote that Smith appeared to have defeated it by entering “phony bills” from companies that the inn routinely did business with, paying them, and then at the last moment changing the business name on the payee line of the checks to her name.  DiCarlo said Smith appeared to have cashed all of the fraudulent checks using a night deposit box at a branch of their bank in another town so as not to bring the unusual checks to the attention of the Woodstock branch which she said might have been quicker to catch the discrepancies…”

A Woodstock woman entered an innocent plea to a single felony count of embezzlement Thursday afternoon before being released from the Windsor County Courthouse in downtown White River Junction on personal recognizance conditions.

Shire Riverview owner Dorothy DiCarlo said she never suspected Smith and instead stumbled on the alleged thefts after she returned from vacation in late March and she was surprised by how low the balances were in the Inn’s operational account. DiCarlo wrote in her statement to police that she started flipping through checks to see what was going on and the very first one she happened to look at was made out directly to Smith for $2,400.

DiCarlo said when she asked Smith why she would need to write a check to herself Smith would not answer her directly and instead kept saying, “I will take responsibility for that check.”

Concerned, DiCarlo said she and her husband Vincent began looking through their business records that evening and quickly found over $50,000 in suspect payments to Smith and to her personal creditors for things like her home cable, propane, and phone bills that appeared to have been paid electronically from the Inn’s bank accounts.

For more:  http://www.thevermontstandard.com/2013/07/motels-ex-bookkeeper-pleads-not-guilty-to-embezzlement/

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

Hospitality Industry Legal Risks: North Carolina Hotel Group Settles “Religious Discrimination” Lawsuit With EEOC For $45,000; Refused To Provide “Religious Accomodation” To Employee

“…The EEOC’s suit charged that the hotel group refused to provide Claudia Neal, a Seventh-Day Adventist, with a religious accommodation of not having to work on her Sabbath, which is from sundown on Friday until sundown on Saturday.  Neal began EEOCworking at the hotel in May 2009.  Initially, Neal’s request not to work on her Sabbath was honored.  However, a change in management occurred in October 2010, and in November of that year, the hotel group refused to provide her with a religious accommodation, and fired her…”

A hotel group which owns and operates the Comfort Inn Oceanfront South in Nags Head, N.C., has agreed to pay $45,000 and provide substantial additional relief to settle a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion.  The EEOC filed suit in U.S. District Court for the Eastern District of North Carolina, Eastern Division (Equal Employment Opportunity Commission v. Landmark Hotel Group, LLC d/b/a Comfort Inn Oceanfront South; Dare Hospitality, LLC d/b/a Comfort Inn Oceanfront South; Jain and Associates, LP d/b/a Comfort Inn Oceanfront South; and JRS Partners, LLC d/b/a Comfort Inn Oceanfront South; Civil Action No. 4:12-cv-158) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to providing monetary relief to Neal, the hotel group will implement policies designed to prevent religious discrimination and conduct training on anti-discrimination and anti-retaliation laws.  The hotel group will also provide reports to the EEOC regarding future requests for religious accommodation.

“Employers need to understand their obligation to balance the conduct of their business with employees’ needs and rights to practice their religion,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “Where there is minimal impact on the business, those religious needs must be accommodated.  No person should ever be forced to choose between her religion and her job.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/7-23-13.cfm

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

Hospitality Industry Safety Issues: Private-Sector Workplace Injuries Fall 30% From 2003-2011; Workers’ Compensation Claims And Premiums Decline As Safety Progams Pay Off

“…For private-sector employers, the number of injuries involving missed work days, job restrictions or transfers to different chores dropped to 1.8 per 100 full-time workers in 2011 from 2.6 in 2003…safety experts say OSHA crackdowns and more corporate focus on OSHA Safety And Health It's The Law-page-001reducing hazards helped cut the injury rate. Also, legislation in many states has made it harder to qualify for workers’ compensation, which has reduced the number of claims…a benefit of the decline is that the average cost of workers’ compensation per $100 of payroll fell to $1.79 last year from $2.67 in 1994…”

About 100 federal and state court cases involving retaliation for workers’ compensation claims were decided last year, roughly double the number a decade before, estimates Lex Larson, president of Employment Law Research Inc. Some lawyers attribute the increase to growing awareness among workers that they can seek redress in court.

While employers say the decline in injuries shows that safety programs are paying off, unions and plaintiffs’ lawyers counter that companies sometimes discourage workers from speaking up.

The U.S. Occupational Safety and Health Administration is taking a tougher line with employers and says too many injuries go unreported. The agency last year reminded employers that federal law bars them from retaliating against employees for reporting injuries. It also warned employers against offering bonuses or prizes for meeting safety goals if those incentives deter workers from reporting injuries.

For more:  http://online.wsj.com/article/SB10001424127887323664204578610133657300940.html

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

Hospitality Industry Technology Solutions: “Smarphone Payment Apps” Allow Customers To Pay For Food And Services With Phones Or Mobile Wallets

The Carlisle & Gallagher Consulting Group forecasts that within five years half of smartphone owners will prefer to pay for their gas, food, Hospitality Industry Smartphone Paymentsgadgets and other consumer goods with phones and mobile wallets…By one count, perhaps 280 digital wallets or more have sprung up or are in development around those various technologies. Some retailers, notably Starbucks, have built their own apps for mobile payments.

Mark Logan ordered lunch at Mildred’s Coffeehouse & Bistro in the Crossroads Arts District and stepped to the register to pay. No cash. No check. No plastic. Logan paid with his smartphone. He had previously loaded it with his debit card information, using an app called Square Wallet, and snapped his own picture. To make the payment, Square Wallet sent Logan’s picture to the iPad that Mildred’s uses for a register. The iPad tied his tab to his photo.

The barista, seeing Logan, tapped his photo from among several customers on the screen and told Logan the payment was going through. A second tap — technology took care of the rest.

A recent survey of smartphone users found that half had never heard of the idea of a digital wallet, let alone downloaded and used one.

And few stores or restaurants take them.

All the same, you may be using one soon. Money is making a dash from pockets to smartphones thanks to digital wallets like Lemon, Isis, LevelUp and others.

Read more here: http://www.kansascity.com/2013/07/20/4357393/digital-wallet-apps-unfold-in.html#storylink=cpy

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Filed under Guest Issues, Management And Ownership, Risk Management, Technology

Hospitality Industry Technology Risks: Hotel Wi-Fi And LAN Networks Remain Vulnerable To Being Hijacked

“Whether it’s paid or not, whether there’s a password involved or not, nearly all of them are completely unsecure,” he said. “The reason that Wi-mobile technologyFi hotspots put passwords on their Wi-Fi is not to protect the individual, but rather to limit usage…LAN technology evolved years ago for use within organizations where security was never thought to be a major issue. The result is that most of today’s LANs can be hijacked, and all communication can be easily captured and stored on an unseen laptop.”

Private Communications Corp., a Connecticut-based digital-security company, reports that more than half of the 24 million Wi-Fi networks thought to exist worldwide are unencrypted, meaning they’re effectively open to anyone within radio range.

That statistic is particularly alarming when juxtaposed with another from the same company: In the United States, an estimated 43 million people use Wi-Fi hotspots to conduct personal or professional business.

Lawson said travelers should be wary even when connecting directly to a local area network, or LAN, offered by, say, a big-name hotel.

For more:  http://www.dispatch.com/content/stories/business/2013/07/14/on-vacation-your-hotel-wi-fi-might-be-vulnerable-to-hacker.html

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Hospitality Industry Safety Solutions: Hotels And Restaurants With Ten Or More Employees Must Maintain A Written “Fire Prevention Plan” That Complies With OSHA Standards

OSHA Emergency Exit Route Facts-page-001

OSHA Fire Prevention Plan

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Hospitality Industry Legal Risks: Hawaii Hotels Violate State Law In Collecting Tips And Service Charges And Not Passing It On To Employees; State Supreme Court Rules Workers Can Also Collect Damages

 “Legal experts say they’re likely settle the cases for millions of dollars since the hotels do not contest the amount of tip money that they took Hospitality Industry Wage Violation Lawsuitsin…Some of the hotels have already settle cases or were hit by adverse rulings. They include the Fairmont Hotel on the Big Island which paid $2.2 million and the Pacific Beach and Pagoda hotels, which paid a total of $2 million…the ruling came in the case involving two Maui hotels: the Wailea Marriott Resort and the Westin Maui. Several banquet service workers alleged in their lawsuit that the hotels imposed a 20 percent service charge but did not distribute the proceeds to workers…”

For years, Hawaii hotels regularly collected millions of dollars in tips from customers but only passed a portion of those service fees to the employees who earned them. Under a ruling by the Supreme Court today, that practice now violates Hawaii law. The high court said hotels and other businesses can only collect the tips if they disclose that they are going to keep some of the money.

Attorneys who filed class-action lawsuits on behalf of the employees say the hotels are liable for big damages. “I would say it’s going to be north of $10 million. we have $3 million on one hotel on Kauai alone,” said attorney John Perkin, whose firm has filed eight of these suits.

Boston attorney Shannon Liss-Riordan, whose firm is also handling eight different class-actions against Hawaii hotels, said the ruling has broad applications beyond the hospitality industry.

“This will affect the food and beverage industry in Hawaii,” she said. “It will affect hotels, restaurants and other food and beverage establishments, catering companies, country clubs.” The cases are potentially costly because the ruling says that hotel workers can collect damages of up two times the amount in tips that the hotels took.

For more:  http://www.hawaiinewsnow.com/story/22848740/hotel-workers-could-get-millions-from-lost-tips

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