Tag Archives: Lawsuit

by | July 10, 2015 · 10:09 am

Hospitality Industry Legal Update: “Patel v L.A. and What it Means for Hotel Operators”

“It was being used to circumvent case law and proper court procedure to obtain privacy information,1436387202_JULY ALB Patel v LA sidebar pic” Seiders said. “The police were using these local laws to avoid having to go through judicial review. I think that’s where it became abusive.

More than a decade ago, a group of hotel owners sued Los Angeles. Now their actions have caused reverberations in hotels throughout the country.

The U.S. Supreme Court ruled June 22 in City of Los Angeles v. Patel that the police practice of asking for a hotel’s guest registry without a warrant is unconstitutional.

“It’s certainly providing privacy protection and extending it to companies, both to the company owner and the guests that are there. It’s certainly a win for the hotels,” Attorney Dana Kravetz said.

“This is going to have widespread impact – and already has had widespread impact – on a host of cities and really the industry at large. It’s a powerful decision. It really sets it out pretty clearly as to what the police can or cannot do.”

This ruling goes beyond Los Angeles as so many other U.S. cities have similar ordinances, said Kravetz, managing partner of Michelman & Robinson and chair of the law firm’s hospitality group.

“It’s really a great day for the hotel industry,” said Frank Weiser, the attorney for the group of hotel owners (Patel). “It’s a great day for businesses throughout America.”

For more: http://bit.ly/1L35AJP

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by | August 7, 2013 · 6:22 am

Hospitality Industry Legal Risks: Kansas Hotel Group Pays Fired Worker $22,000 In Back Pay And Damages; Filed “Whistleblower Complaint” After Raising Workplace Safety Issues

“…every employee has the right to raise workplace safety and health concerns without fear of retaliation or termination,” said Marthe Kent, OSHA’s New England regional administrator. “When employees are fearful or reluctant to raise these issues with their employers, hazardous conditions could go undetected until employees are injured or sickened…”

http://www.whistleblowers.gov/

http://www.whistleblowers.gov/

“…True North will immediately post the whistleblower fact sheet and OSHA poster, in English and Spanish, in conspicuous locations at all of its work premises nationwide, where they can be seen and read by all employees. It will also provide annual training on whistleblower rights and employer responsibilities to all managers and supervisors and provide training materials to all newly hired or promoted managers.”

As part of an enterprise wide settlement agreement with the U.S. Department of Labor, True North Hotel Group Inc., a hotel management company based in Overland Park, Kan., will pay $22,225 in back wages and compensatory damages to a former employee who was terminated from a Massachusetts location after raising workplace safety concerns. The company will also educate all its managers and notify its employees nationwide about workers’ whistleblower rights under the Occupational Safety and Health Act as administered by the Occupational Safety and Health Administration (OSHA).

As the story goes, a worker at True North’s Devens Conference Center in Massachusetts was subjected to disciplinary action and then terminated in October 2011 after notifying superiors about safety concerns.

The worker then filed a whistleblower complaint with OSHA, which investigated and found merit to the complaint. True North has elected to settle the matter by taking corrective action.

For more:  http://www.workerscompensation.com/compnewsnetwork/workers-comp-blogwire/17206-hotel-management-co-settles-on-worker-safety-concerns.html

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by | May 22, 2013 · 6:49 am

Hospitality Industry Legal Risks: North Carolina Hotel And Restaurant Sued By Woman “Sickened By Salmonella Infection”; Lawsuit Claims Failure To Maintain Sanitary Conditions Of Food

“…(the plaintiff), who claims to have become ill after eating at the hotel restaurant, filed a lawsuit in the Cumberland County Superior Court Salmonella Enteritidisalleging the hotel owners served food that was ‘not fit for human consumption’…she also alleges that the defendant failed to ‘maintain and monitor the sanitary conditions of it’s food, drink, water, premises and employees’…”

A Fayetteville woman is seeking in excess of $10,000 in damages after she claims she became sick after eating at a restaurant at a Holiday Inn. Last week the Cumberland County Department of Public Health alerted the public of a possible salmonella outbreak after dozens of people claimed to have gotten sick after eating at the Holiday Inn Fayetteville – Bordeaux.

The Cumberland County Department of Public Health says at least 70 people have reported signs or symptoms consistent with salmonella infections and five people were hospitalized. Twelve of those who reported symptoms are out of state. All of the people appear to have eaten at the All American Sports Bar and Grill and The Café Bordeaux within the hotel.

Health officials are worried that the outbreak could spread nationwide because the hotel is alongside Interstate 95.

For more:  http://www.wncn.com/story/22309597/woman-files-lawsuit-against-fayetteville-hotel-linked-to-salmonella-outbreak

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by | April 17, 2013 · 7:22 am

Hospitality Industry Legal Risks: Hotel And Restaurant Hiring Policies Must Be Neutral On Employee “Sex Stereoyping”; EEOC To Enforce “Broad Definition Of Sex Discrimination”

The EEOC Title VII effort to protect LGBT (Lesbian, Gay, Bisexual and Transgender) workers relies on a broad definition of sex discrimination, treating harassment and discrimination claims under a “sex stereotyping” theory…The EEOC’s new emphasis on LGBT protections will shape its EEOCfuture en­­force­­ment and litigation against private employers, especially in states that don’t protect gender identity or sexual orientation. Expect the EEOC to educate the LGBT community about its recent rulings. Also expect more charges and more vigorous investigations…Make sure your policies are neutral with regard to sexual orientation, gender identity and expression, and prohibit harassment based on sexual preference, gender stereotypes or intolerance.

Federal law doesn’t prohibit discrimination against lesbian, gay, bisexual and transgender (LGBT) workers. Instead, LGBT protections are a varied patchwork of judicial and agency interpretations and state and local laws that make discrimination actionable only under specific circumstances. LGBT workers continue to face employment discrimination with relatively few legal protections.

In response, the EEOC has begun an effort to protect LGBT workers’ rights by broadly interpreting Title VII of the Civil Rights Act of 1964. The EEOC’s newly released Strategic Enforcement Plan for 2013-2016 lists “coverage of lesbian, gay, bisexual and transgender individuals under Title VII” as one of its top six national en­­forcement priorities. Expect the EEOC to take significant enforcement actions soon and litigate issues more aggressively.

No national law explicitly bans workplace discrimination based on sexual orientation or gender identity. Title VII’s language only protects individuals on the basis of “race, color, religion, sex, or natural origin.” LGBT advocates have tried to amend Title VII to add sexual orientation, expression and identity, but have consistently failed.

For more:  http://www.businessmanagementdaily.com/35121/eeoc-steps-up-efforts-to-protect-against-lgbt-bias-harassment

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by | April 28, 2012 · 6:18 am

Hospitality Industry Legal Risks: West Virginia Hotel Owner Sued Over "Similar Name" In "Common Law Trademark" Lawsuit

“…The suit also seeks Bhatin to change the hotel’s domain name, hotelmorgantown.com, and to file a cancellation of the Hotel Morgantown trade name with the Secretary of State’s office…”

Officials of an 86-year-old Morgantown hotel are crying foul over a nearby hotel’s name, saying the similar name violates its longstanding common law trademark. Filed April 26 by The Hotel Morgan Company against Himanshu Bhatin and his company Sahaj Morgantown LLC, the suit seeks Bhatin to change the name of his Hotel Morgantown to one that does not contain any variation of the words “hotel,” “Morgan” and “Morgantown.”

Hotel Morgan opened in 1925 as a “premier full-service lodging, restaurant and banquet facility,” the suit states, and has gained “regional and national recognition and prominence.”

Bhatin, a New Jersey resident, opened Hotel Morgantown & Conference Center in 2011. 

“Although Hotel Morgan is not registered as a state or federal service mark, it has acquired ‘secondary meaning,’ and is lawfully entitled to the protection afforded to common law trademarks under various state, federal and international laws, conventions and policies.”

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by | March 16, 2012 · 8:14 am

Hospitality Industry Legal Risks: Virginia Hotel Sued For $12 Million By Family Of Woman Killed By Valet Driver

“…A multi-million dollar lawsuit is filed in Richmond Civil Court, by the husband of the woman killed outside of a downtown Richmond hotel, allegedly by a valet driver for that hotel…Court documents say that (the valet) pulled out of the driveway of the hotel and instead of turning onto the street, he turned left down the sidewalk and ran right into (the woman)…”

“…Among those named in the suit is the Hilton Garden Inn. And the valet company employed at the hotel…”

In (the civil lawsuit) — Stone’s husband, John, lays out the pain, sorrow and anguish he’s been dealing. Stone died just a few days before their wedding anniversary. The suit says Josephine Stone’s death was a direct result of the negligence, recklessness and a conscious disregard for her rights and safety. The total amount wanted: more than 12 million dollars.

The Hilton released this statement, saying, “We deeply regret the tragic loss of any life especially this promising young person. We continue to work with the third party operator, parking management services, on this matter and will continue to cooperate with local authorities as we have done since this tragic accident. We continue to keep the stone family and friends in our thoughts and prayers.”

Gray is facing a involuntary manslaughter charge as well. That is set to go to a trial on May 25th.

For more:  http://www.nbc12.com/story/17170161/civil-lawsuit-filed-in-woman-killed-outside-richmond-hotel

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by | March 10, 2012 · 8:24 am

Hospitality Industry Legal Risks: Jury Awards Maryland Woman $225,000 In Nation's Largest "Bed Bug Liability Judgment"

On Thursday, a jury ordered Calidad Furniture & Linen Inc., the store that sold Jackson a pair of wood-frame beds, to pay Jackson and her sons $225,000 for the ordeal. It is one of the largest bedbug liability judgments in the country.

Multimillion-dollar lawsuits over bedbugs have become increasingly common as infestations have spread across the country and victims seek to hold landlords, hotels and retailers responsible for their exterminator bills and mental anguish.

But a public judgment is rare in bedbug liability cases. Lawsuits seeking millions of dollars in damages have received publicity in recent years, such as several filed against the Waldorf-Astoria hotel in New York. But most fade away with confidential settlements.

In July 2010, Adarien Jackson’s 6-year-old son, Kaden, began complaining of itchy bumps on his ankles. They soon turned into a rash and spread to his back, behind his ear, and on his eyelid.

The child’s pediatrician and dermatologists tried allergy drugs, diet changes, oils and oatmeal baths. But it wasn’t until months later that Jackson discovered the cause of the problem. Kaden’s twin brother, Kyler, began waking in the middle of the night, crying out, “Bugs are crawling on me!”

Jackson realized her sons’ beds — which she had recently purchased from a furniture store in Elkridge — were teeming with bedbugs, according to a lawsuit she filed in Anne Arundel County in December 2010.

 

For more:  http://articles.baltimoresun.com/2012-03-09/news/bs-md-bed-bug-verdict-20120309_1_bedbug-infestation-bunk-beds-bed-wetting

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by | January 9, 2012 · 6:13 am

Hospitality Industry Legal Risks: Ten Indiana Hotels Named In "Overtime Lawsuit" Involving Housekeepers And Food Service Staff

 “…to get all the rooms cleaned, she didn’t take lunch breaks or worked past the end of her shift…she estimates she is owed $5,200 for unpaid work over the past two years…”

 “…intends to ask the court to make the lawsuit a class action open to more than 1,000 local hotel employees who worked for Hospitality Staffing during the past three years…”

An attorney representing 14 Indianapolis hourly hotel workers plans to file a lawsuit today alleging their employers failed to pay them for overtime. Ten Indianapolis hotels, including some of the city’s largest, and the staffing company for which the employees worked, Hospitality Staffing Solutions, are named in the prepared complaint. Jeffrey A. Macey, an Indianapolis attorney for the workers, said he plans to file the 24-page document today in U.S. District Court in Indianapolis.

Most of the 14 workers making the allegations were housekeepers or food service staff.

For more:  http://www.indystar.com/article/20120109/LOCAL18/201090328/10-Indianapolis-hotels-named-lawsuit-alleging-workers-weren-t-paid-overtime?odyssey=tab%7Ctopnews%7Ctext%7CIndyStar.com

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by | October 26, 2011 · 5:11 am

Hospitality Industry Employee Risks: New Mexico Hotel Operator Sued By Guests Who Were "Spied On" Through Bathroom Wall


“.. family says in a lawsuit that they were spied on while taking showers last year in an Albuquerque hotel…”

“…named as defendants are Wyndham Worldwide Hotels, a parent company of Ramada Inn, which used to operate the motel, as well as Bhakta, Gonzales and another employee, Gibi George, who had access to the maintenance corridor. The complaint says all three of them subsequently left their employment at the hotel…”

Eric and Evangeline Vigil and their two children — a 17-year-old son and an 8-year-old daughter — checked into the Ramada Inn, 2015 Menaul Blvd. NW, on April 23, 2010, during a weekend visit to Albuquerque to celebrate the teen’s birthday, according to a lawsuit filed Tuesday in state District Court.

The complaint says the wife was given a “special rate” for Room 135 when she and the children checked in. The hotel staff were unaware that they were later joined by her husband, the lawsuit says.

While taking separate showers the next morning, each family member heard noises coming from behind the wall of the shower stall. When the father examined the area around the fixtures, the complaint says, he noticed a hole under the faucet.

“As Eric Vigil looked into the hole under the faucet, he saw an eye staring at him from behind the wall,” it says. “Eric Vigil immediately hit the tub surround and shouted. He heard someone attempt to leave the area from behind the wall.”

The complaint says when Vigil went into the hallway, he noticed a maintenance door next to his room door.

According to the complaint, the general manager, Sanketkunar Bhakta, told Vigil “the maintenance guy” had been fixing pipe behind the door, but after Vigil called police, Sanketkunar told the officers that he and another employee, Sergio Gonzales, were fixing a sewer line. Subsequently, Bhakta changed his story and claimed that he and Gonzales were fixing television cables in the corridor, the complaint says.

An inspection of the maintenance corridor found insulation had been removed from the wall behind the shower stall “to afford a clear line of sight into the shower stall” and that a plastic bucket was placed there to provide a place to sit while spying through the peephole, the complaint says.

For more:  http://www.santafenewmexican.com/Local%20News/Suit–Family-spied-on-via-peephole-in-hotel-shower

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