Tag Archives: Lawsuits

by | February 9, 2015 · 11:02 am

Hospitality Industry Risk Management Update: “U. Michigan Frat Accused Of Causing $50,000 In Damage To Hotel ‘Embarrassed And Ashamed’ Of Behavior” (VIDEO)

“We had a group of a fraternity that was visiting and had an excessive party and did damage on the resort.frat party Food, beer, alcohol, the walls, carpet damage, ceiling broken down and furniture damage,” the Treetops Resorts general manager told local 9 & 10 News. He also said that the students had to be led out of the hotel by police.

The University of Michigan chapter of Sigma Alpha Mu released a statement Wednesday taking responsibility for a reported $50,000 worth of damage to a northern Michigan ski resort.

“We are embarrassed and ashamed of the behavior of a few of our chapter members at Treetops Resort over the weekend of January 17-18,” the fraternity said. “This behavior is inconsistent with the values, policies, and practices of this organization.”

The Sigma Alpha Mu members allegedly caused a reported $50,000 worth of damage. Two other UMich fraternities also reportedly caused thousands of dollars worth of damage to another nearby ski resort the same weekend.

For more: http://read.bi/1CMh6GM

And for more on how to manage special events, check out the video below from Petra’s own P3 Risk Management Team.

[vimeo https://vimeo.com/119141202 w=500&h=281]

Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘Managing Prom Nights & Grad Parties’. 

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

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by | February 6, 2015 · 9:03 am

Hospitality Industry Conference Update: “2015 Hospitality Law Conference”

The speakers, panelists, roundtable hosts, and facilitators of the 2015 Hospitality Law Conference represent the full spectrum of key roles in the hospitality industry:hlc2015 Private attorneys, hotel and restaurant corporate counsel, risk managers,finance executives, real estate developers, human resources managers, loss prevention managers, insurance brokers, and hotel and restaurant owners, managers, and operators

Hospitality Insurance and Loss Prevention Summit: The Petra Risk Solutions Hospitality Insurance and Loss Prevention Summit converges insurance, risk, LP, legal and finance to break down the silos of these functional areas. As we do each year, we begin with the top claims that have occurred over the last twelve months and the best practices to prevent them from occurring at your hotel or restaurant. As Worker Compensation Claims are becoming more of a challenge for the industry, we will take a deeper dive into best practices for prevention, claims handling and back to work policies.

For more: http://bit.ly/1zX3RBh

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Filed under Conferences, Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership, Risk Management, Training

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by | February 4, 2015 · 10:26 am

Hospitality Industry Risk Management Update: “Work Comp Control Can Prevent Employees from Early Check-Out”

We recently read an account of a 48-year-old female who had two complete knee replacements and got hired as a housekeeper.backinjuries-620x330 Within the first three months, she injured her bad knee, and the cost of her workers’ comp claim will be in the tens of thousands of dollars. If this employee had received a pre-placement screening prior to her hiring, the doctor may have recommended her for a different position

According to a recent study by the National Institute of Health (NIH), hotel workers have higher rates of occupational injury and illness compared with workers in other service industries, particularly in the area of musculoskeletal disorders. So is it any wonder why so many hotel employers are throwing up their arms in surrender every time they see their workers’ compensation premiums soar out of control? Many employers treat those premiums with a “there’s nothing I can do about it” mentality when there actually is something that can be done.

The starting point is always your experience mod, or the numbers that dictate what you will pay in premiums, based on your industry. Fifty percent of all experience modifiers are incorrect, and 80 percent of all experience modifiers are mismanaged. You need to understand the importance of managing and reducing your experience modifier—it’s not just a number. Taking a passive or nonchalant attitude can cost you plenty. And this can happen in a number of ways: misclassifications, incorrect payroll audits, recovery at work programs that are weak or in some cases non-existent, and an overall lack of an established safety culture.

For more: http://bit.ly/16olgqv

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Filed under Claims, Employee Practices, Hotel Employees, Hotel Industry, Injuries, Management And Ownership, Risk Management, Training, Workers' Compensation

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by | January 28, 2015 · 10:01 am

Hospitality Industry Technology Update: “FCC Rules Hotel Wi-Fi Blocking Is Illegal and Subject to Penalties”

“No hotel, convention center, or other commercial establishment or the network operator providing services at such establishments may intentionally block or disrupt personal Wi-Fi hot spots on such premises, includinghotelwifi as part of an effort to force consumers to purchase access to the property owner’s Wi‑Fi network,” The FCC states. “Such action is illegal and violations could lead to the assessment of substantial monetary penalties.”

The U.S. Federal Communications Commission forcefully came down on the “disturbing trend” of hotels and other commercial entities blocking consumers’ personal Wi-Fi hot spots and declared such practices “illegal.”

The enforcement advisory directly rebuffs efforts by Marriott International, Hilton Worldwide and the rest of the U.S. hotel industry to get the authority to block attendees’ personal Wi-Fi hotspots at meetings and conventions.

Although the FCC hasn’t directly ruled on the Marriott and American Hotel & Lodging Association petition, filed in August, to seek clarification of the law as it pertains to Wi-Fi blocking, the FCC did note: “While the Enforcement Bureau recognizes that the Petition questions our position, the Bureau will continue to enforce the law as it understands it unless and until the Commission determines otherwise.”

For more: http://bit.ly/1EqnSm1

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by | January 23, 2015 · 10:00 am

Hospitality Industry Risk Management Update: “Preventing Credit Card Fraud at Hotels”(VIDEO)

Our P3 Team has created a video to help train your staff on how to recognize the signs of credit card fraud and how to best prevent your property from falling victim. If you have any questions, contact us today!

[vimeo https://vimeo.com/113722566 w=500&h=281]

Petra Risk Solutions’ Loss Control Manager, Matt Karp, offers a P3 Hospitality Risk Report – ‘Preventing Credit Card Fraud at Hotels’. 

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

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Filed under Crime, Guest Issues, Hotel Industry, Management And Ownership, Risk Management, Theft, Training

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by | January 22, 2015 · 11:22 am

Hospitality Industry Management Update: “Here Are The Top 5 Business Risks For 2015”

For businesses, the main cost of a cyber attack involves the impact to their reputation and the resulting financial damages, as well as the loss of customer business. The breaches at Sony, Target, Staples and Home Depotlocks demonstrated the damage that can be caused to corporate reputations. Seventy-one percent of customers indicated they would leave an organization following a data breach according to the Edelman Privacy Risk Index

The globalization of today’s economy means that businesses are more interconnected than ever, creating a greater risk of business interruption, supply chain disruption, and exposures that can quickly multiply.

According to UNCTAD, over the last 50 years the number of multinational companies has grown exponentially from 7,000 to almost 104,000, and could reach more than 140,000 by 2020.

The Allianz Risk Barometer 2015 surveyed more than 500 risk managers and corporate insurance experts in 47 countries to identify the primary challenges facing businesses this year. Some risks such as political upheaval, cybercrime and business interruption were viewed as a greater risk, while natural catastrophes, technological innovation and market stagnation were viewed as having less of an impact.

Here is a look at the top 5 business risks for 2015 as identified by the Allianz Risk Barometer.

For more: http://bit.ly/1unPPlX

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by | January 19, 2015 · 9:37 am

Hospitality Industry Risk Update: “Preventing and Reacting to Child Trafficking”

While it’s important to speak up if suspicious behaviors arise, Guelbart stresses the importance of carefully assessing and reporting the situation. Trafficking endangers not only the victim in question but everyone underTrafficking-620x330 the hotel’s roof. “Trafficking is often connected with other criminal activity, including drugs or violent assault, and this can jeopardize the safety of hotel guests and employees,” Guelbart says. “You should never, ever directly get involved in a potential sex trafficking situation.”

Human trafficking may seem like a distant problem—something that only happens abroad or in the movies—but traffickers have checked into hotels across the nation. As the world’s second largest criminal industry, human trafficking exploits 100,000 to 300,000 American children (ages 12 and up) every year. In New York City alone, 44 percent of the child victims were sexually exploited in hotels.

The American Hotel & Lodging Educational Institute (AH&LEI) and ECPAT USA, an organization dedicated to ending child sexual exploitation, have joined forces to educate hotel owners and employees on this issue. “Traffickers are now using technology. They’re selling children online—less and less on the street—and they might be living in a hotel setting, or they’ll bring the victim to a hotel for the exploitation,” says Michelle Guelbart, ECPAT USA director of private sector engagements.

For more: http://bit.ly/1yA5NAw

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by | January 14, 2015 · 8:54 am

Hospitality Industry Technology Update: “Does YOUR Website Have to be Accessible Under the Americans with Disabilities Act?”

Clearly, it has no brick-and-mortar store that we can shop in so the answer should be “no ADA coverage for its website.” That is exactly what happened in its California district court case (Cullen).Handicap-Assessible1-300x225 But, in Massachusetts, the district court case (National Association of the Deaf) went the other way. Law school professors call such cases “outliers,” but in the courtroom today’s outlier sometimes becomes tomorrow’s conventional wisdom.

Is the internet a place of public accommodation: a virtual town hall or a virtual shopping mall or a virtual movie theater? Courts still struggle with that.

Physicalist courts say that the ADA requires a physical location. Ouelette v. Viacom, No. cv 10-133-M-DWM-JCL, 2011 WL 1882780 (D. Mont. March 31, 2011) (no ADA claim re YouTube); Noah v. AOL Time Warner, 261 F. Supp. 2d 532 (E.D. Va. 2003) (same re: chat room); Earll v. eBay, Inc., No. 5:11-cv-00262-JF (HRL), 2011 WL 3955485 (N.D. Cal. Sept. 7, 2011) (same: no ADA claim re eBay); Cullen v. Netflix, Inc., 880 F. Supp. 2d 1017 (N.D. Cal. 2012) (same: no ADA claim re Netflix); Jancik v. Redbox Automated Retail, LLC, No. SACV 13-1387-DOC, 2014 WL 1920751 (C.D. Cal. May 14, 2014) (same: no ADA claim re redboxinstant.com).

Virtualist courts say there are places in the heart and in the mind too. Those courts proclaim that the core meaning of the ADA is that “the owner or operator of a store, hotel, restaurant, dentist’s office, travel agency, theater, Website, or other facility (whether in physical space or in electronic space …) that is open to the public cannot exclude disabled persons from entering the facility and, once in, from using the facility in the same way that the nondisabled do.”

For more: http://bit.ly/1KJS79f

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by | January 13, 2015 · 9:40 am

Hospitality Industry Management Update: “New Year, New Challenges: What Hospitality Employers Need to Know”

As state and federal budget cuts tend to wane, the Department of Labor (DOL) is expected to step up enforcement against hospitality employers in the coming year. restaurant workerBecause the DOL considers the hospitality industry as a “fissured” industry, owners, franchisors, franchisees and management companies should be prepared to deal with inquiries, particularly in the areas of tipped employees and the misclassification of employees.

According the U.S. Bureau of Labor Statistics, the hospitality sector added 321,000 additional jobs in 2014. With all those new employees, as well as the continued addition of jobs we expect to see in coming year, here are our top predictions for labor law issues that will play a vital role in the hospitality industry in 2015.

For more: http://bit.ly/17E9sRJ

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by | January 8, 2015 · 8:45 am

Hospitality Industry Legal Update: “House Passes Terrorism Insurance Bill”

“Already, companies are having trouble getting terrorism insurance, and many companies that had terrorism insurance have now lost it because thereJ_Mq7AKo were clauses written into their policies that said if TRIA is not there, they do not have the insurance coverage,” said Rep. Carolyn Maloney (D-N.Y.).

The House voted to reauthorize the Terrorism Risk Insurance Act (TRIA) on Wednesday, sending the legislation to the Senate.

The measure passed overwhelmingly by a vote of 416-5, with one lawmaker voting present.

Lawmakers failed to reauthorize the program during the last Congress, and it expired on Dec. 31, leading to uncertainty in the business community.

For more: http://bit.ly/142RaaB

 

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