Tag Archives: Lawsuits

by | August 23, 2013 · 5:50 am

Hospitality Industry Employment Risks: Mississippi Hotel Sued For “Pregnancy Discrimination” By EEOC; Woman Fired On First Day Of Work After Informing Manager Of Pregnancy

“…According to the EEOC’s suit, (the employee) informed her manager of her pregnancy on her first day of work.  That evening, the manager terminated Harmon and replaced her with a non-pregnant employee, the EEOC said…”

EEOC“Employers cannot penalize women for choosing to have a family,” said Katharine W. Kores, district director of the EEOC’s Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi.  “This agency will continue to work to eliminate this type of discriminatory conduct.”

Jiji, Inc., a Holiday Inn franchisee located in Batesville, Miss., violated federal law when it fired an employee because of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act.  The EEOC filed suit, Civil Action No. 3:13-cv-00212, in U.S. District Court for the Northern District of Mississippi, Oxford Division after first attempting to reach a pre-litigation settlement through its conciliation process.  The suit seeks back pay, compensatory and punitive damages, reinstatement and injunctive relief.

Jiji, Inc. is a Mississippi corporation based in Batesville that owns, manages, and operates hotel facilities in Mississippi. The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/8-22-13.cfm

Comments Off on Hospitality Industry Employment Risks: Mississippi Hotel Sued For “Pregnancy Discrimination” By EEOC; Woman Fired On First Day Of Work After Informing Manager Of Pregnancy

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

Tagged as , , , , , , , ,

by | August 22, 2013 · 5:59 am

Hospitality Industry Legal Risks: New York Restaurant Sued For $1 Million For “Refusing Service” To Disabled War Veteran Using Service Dog To Ease “Posttraumatic Stress Disorder (PTSD)”

“…(the plaintiff), who uses the dog to ease his posttraumatic stress disorder, is suing  for $1 million in Manhattan Federal Court. He claims the Hospitality Industry ADA Lawsuitsincident humiliated him and exacerbated his PTSD…(he) said he tried to reason with the employee invoking the Americans with  Disabilities Act (ADA), which permits service animals in public spots…(the plaintiff), who won an undisclosed settlement in 2011 after suing a McDonald’s in  Times Square over a similar experience, said he left the KFC rather than  continue the argument…”

A disabled Iraq War veteran who worked at Ground Zero says the Colonel  treated him like trash. Charles Hernandez, 50, a retired public school administrator, claims he was  refused service at a KFC in the Bronx after he brought his service dog into the  fried chicken joint.

His suit says the KFC worker violated federal, state and city laws and caused  Hernandez distress. The suit also names as defendants KFC manager Sade Clarke,  the restaurant’s owner, Star Partner Enterprises Two LLC, and that company’s  principal owner, Thomas Rose.

Read more: http://www.nydailynews.com/new-york/kfc-turns-iraq-war-vet-service-dog-lawsuit-article-1.1432999#ixzz2choApBsK

Comments Off on Hospitality Industry Legal Risks: New York Restaurant Sued For $1 Million For “Refusing Service” To Disabled War Veteran Using Service Dog To Ease “Posttraumatic Stress Disorder (PTSD)”

Filed under Guest Issues, Liability, Management And Ownership, Risk Management, Training

Tagged as , , , , , , , , ,

by | August 21, 2013 · 5:58 am

Hospitality Industry Legal Risks: Texas Restaurant Sued By Man Who Fell On Step Hidden By “Busy Carpet Pattern”; “Dangerous Condition Created”

“…The suit asserts the defendant should haven known that the excessive pattern on the carpet obscured patrons’ abilities to detect the step and Hospitality Industry Injury Lawsuitsthat it confuses the eye…the suit further alleges there were no warning signs of the dangerous condition…the plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment and lost wages…”

Orange County resident Danny Stilley is blaming a “busy carpet pattern” at an area restaurant as the reason why he tripped and fell. Stilley filed suit against Kampus Korner Restaurant on Aug. 14 in Jefferson County District Court. According to the lawsuit, on Feb. 4, 2012, Stilley was a patron at the restaurant, located near the Lamar University campus. He purchased a cup of coffee and was instructed to go sit at an elevated section of the diner.

Stilley sat at his table for some time and when he got up he failed to “detect the change in floor elevation and tripped,” hitting the ground and knocking himself unconscious.

“The elevated area was covered with a carpet with a busy pattern,” the suit states. “Due to the very busy pattern on the carpet, it is difficult to detect the rise in elevation.”

For more:  http://setexasrecord.com/news/288504-busy-carpet-pattern-caused-mans-fall-suit-alleges

Comments Off on Hospitality Industry Legal Risks: Texas Restaurant Sued By Man Who Fell On Step Hidden By “Busy Carpet Pattern”; “Dangerous Condition Created”

Filed under Guest Issues, Injuries, Insurance, Liability, Management And Ownership, Risk Management

Tagged as , , , , , ,

by | August 17, 2013 · 7:12 am

Hospitality Industry Legal Risks: Texas Motel Sued By Guest Injured When “Defective Chair” Collapsed; “Latent, Unreasonably Dangerous Condition”

“…As he prepared for bed, he sat down in a chair to remove his boots…the chair collapsed under plaintiff causing him injury, the suit states. The Hospitality Industry Injury Lawsuitsdefective chair presented a latent, unreasonably dangerous condition…(the plaintiff) injured his left forearm, ribs and back when the chair collapsed, for which he seeks damages within the jurisdictional limits of the court…”

While staying at a Comfort Inn in Orange, Allen Doverspike, an Oklahoma resident, sat in a chair and began to take his boots off when the chair collapsed. Seeking less than $1 million for his injuries, Doverspike filed suit against Hospitality Operations on Aug. 5 in Jefferson County District Court.

According to the lawsuit, on Jan. 30 Doverspike checked into the Orange Comfort Inn.

The suit asserts the defendant should have repaired or replaced the chair.

For more:  http://setexasrecord.com/news/288232-man-sues-motel-after-chair-collapses-while-taking-off-boots

Comments Off on Hospitality Industry Legal Risks: Texas Motel Sued By Guest Injured When “Defective Chair” Collapsed; “Latent, Unreasonably Dangerous Condition”

Filed under Guest Issues, Injuries, Liability, Management And Ownership, Risk Management

Tagged as , , , , , ,

by | August 15, 2013 · 5:53 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Sued By EEOC For “Gender Discrimination”; Female Workers Paid “Lower Hourly Wage”, “Fewer Regularly Scheduled Hours”

“…These women were subjected to a double whammy of discrimination,” said District Director Spencer H. Lewis, Jr., of the EEOC’s Philadelphia District Office. “They were paid a lower hourly wage and regularly scheduled for fewer work hours than their male counterparts. That’s why we EEOCredoubled our efforts to win justice for them…EEOC Regional Attorney Debra M. Lawrence added, “The EEOC is strongly committed to enforcing the equal pay laws and will take whatever action necessary to defend people’s rights in the workplace…”

Enforcement of equal pay laws and targeting compensation systems and practices that discriminate based on gender is of one of six national priorities identified by the EEOC’s Strategic Enforcement Plan.

Market Burgers, L.L.C., doing business as Checkers, a fast food restaurant chain, violated federal law by paying women less than men and scheduling them for fewer hours than their male counterparts because of gender, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.

EEOC General Counsel David Lopez said, “This case demonstrates the significance of the agency’s strategic enforcement plan, reminding employers that the agency will exercise its authority to eliminate sex-based wage disparities in the workplace.”

According to the EEOC’s suit, LaToya Snyder began working as a cashier/sandwich maker at the company’s Checkers restaurant in West Philadelphia and was promoted to a shift manager position in 2010. The EEOC charges that Checkers routinely paid Snyder and other female shift managers lower wages than male shift managers even though they performed the same duties, including giving assignments and directions to other employees and scheduling and approving breaks. Checkers also paid female cashiers/sandwich makers less than their male counterparts even though they did substantially equal work, according to the lawsuit.

The EEOC further charges that Checkers suppressed the wages of Snyder and other female shift managers and cashiers/sandwich makers by scheduling them for 20 to 25 hours per week, even though they had requested full-time hours, while their male counterparts routinely were scheduled to work, on average, more than 30 hours per week. The general manager also required female employees to leave work early if the restaurant was not busy while male employees were permitted to work a full eight-hour shift.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/8-12-13.cfm

Comments Off on Hospitality Industry Legal Risks: Pennsylvania Restaurant Sued By EEOC For “Gender Discrimination”; Female Workers Paid “Lower Hourly Wage”, “Fewer Regularly Scheduled Hours”

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

Tagged as , , , , , ,

by | August 13, 2013 · 6:00 am

Hospitality Industry Legal Risks: Louisiana Motel Sued For “Negligence” After Guest Falls Down Flight Of Stairs; Claims Poor Lighting Led To Injuries

“…The lawsuit is seeking an award of damages for medical expenses, loss of impairment of earnings or earning capacity, physical pain, mental Hospitality Industry Injury Lawsuitsanguish, physical impairment, physical disfigurement, mental impairment, loss of society and/or consortium, mental anguish, loss of household services, interest, court costs and attorney’s fees…”

A Super 8 Motel in Alexandria, La., is being sued after a guest fell down a flight of stairs due to poor lighting. Sonya Lynn Moore and J. David Moore filed suit against Super 8 Worldwide Inc., H.L. & H. Holding Co. Inc., Wyndham Worldwide Inc., individually and doing business as Wyndham Hotel Group, on July 3, 2013 in Jefferson County District Court. The defendants removed the case to Eastern District of Texas, Beaumont Division on Aug. 8.

The plaintiffs were guests on the premises of the Super 8 Motel in Alexandria on Jan. 24, 2013, when Sonya Moore allegedly fell down a flight of stairs.

The defendants are accused of negligence due to a lack of adequate lighting.

For more:  http://setexasrecord.com/news/288075-super-8-motel-sued-after-guest-falls-down-stairs

Comments Off on Hospitality Industry Legal Risks: Louisiana Motel Sued For “Negligence” After Guest Falls Down Flight Of Stairs; Claims Poor Lighting Led To Injuries

Filed under Guest Issues, Injuries, Liability, Management And Ownership, Risk Management

Tagged as , , , , , , ,

by | August 3, 2013 · 5:43 pm

Hospitality Industry Health Risks: Texas Restaurant Sued By Customer Claiming Sickness From “Cyclospora”; Parasite Traced To Tainted Salad Mix

“…According to her lawsuit, (the plaintiff) dined at an Olive Garden restaurant in Addison, Texas on July 1 and suffered nausea, fatigue and Restaurant Cyclospora Outbreaksdiarrhea a few days later. Tests confirmed that her gastroenteritis was caused by cyclospora, the lawsuit states…Cyclospora is a single-celled parasite that attacks the small intestine, causing diarrhea, loss of appetite, weight loss, stomach cramps, bloating, gas, nausea and fatigue, health officials said…”

A Dallas woman is suing Darden Restaurants, claiming she became sick with the rare parasite cyclospora after she ate at an Olive Garden restaurant.

Suzanne Matteis contracted the severe gastrointestinal sickness in July and tested positive for the parasite, said her attorney, Ryan Osterholm. Nationwide, there are at least 378 confirmed cases of illness from cyclospora in 16 states since mid-June.

On Friday, the U.S. Food and Drug Administration announced that cyclospora cases in Iowa and Nebraska have been traced to a tainted salad mix supplied by Taylor Farms de Mexico to Olive Garden and Red Lobster restaurants in those states. Both restaurant chains are owned by Darden Corporation.

For more: http://www.orlandosentinel.com/news/local/breakingnews/os-salad-darden-cyclospora-lawsuit-20130803,0,4967942.story

Comments Off on Hospitality Industry Health Risks: Texas Restaurant Sued By Customer Claiming Sickness From “Cyclospora”; Parasite Traced To Tainted Salad Mix

Filed under Food Illnesses, Guest Issues, Health, Liability, Management And Ownership, Risk Management

Tagged as , , , , , ,

by | August 2, 2013 · 6:09 am

Hospitality Industry Legal Risks: Missouri Restaurant Owes Six “Undocumented Alien Workers” $450,000 In Back Pay And Penalties; Court Rules “Federal Labor Law Trumps Federal Immigration Law”

“…The court held that “aliens, authorized to work or not, may recover unpaid and underpaid wages” under rights granted by the Fair Labor Hospitality Industry Wage Violation LawsuitsStandards Act…The appellate judges said that “numerous district courts, including the one in this case, and the secretary of labor all agree: Employers who unlawfully hire unauthorized aliens must otherwise comply with federal employment laws…”

In a case that pit U.S. labor law against immigration law, a panel of federal appellate judges has ruled that six undocumented workers are owed about $450,000 in back pay and penalties for uncompensated work at a Kansas City restaurant — the popular Jerusalem Cafe in Westport. The 8th Circuit U.S. Court of Appeals said this week that federal labor law trumped federal immigration law in this instance.

The court ruled that a former owner and former manager of Jerusalem Cafe could not argue that the workers were in the United States illegally and therefore lacked standing to sue for unpaid wages.

That argument, the appellate panel said, is akin to saying that Al Capone couldn’t have been prosecuted for tax evasion because his earnings were illegally made. (The infamous mobster was jailed on such charges.)

The lawsuit said five of the six workers had each worked 77 hours a week at the restaurant. It said the workers were known to lack official work authorizations and were paid in cash on a weekly basis.

The case attracted national attention, prompting the U.S. secretary of labor to file a brief on behalf of six workers who were employed at the restaurant in the period spanning 2007 to 2010.

Read more here: http://www.kansascity.com/2013/08/01/4383369/court-says-undocumented-workers.html#storylink=cpy

Comments Off on Hospitality Industry Legal Risks: Missouri Restaurant Owes Six “Undocumented Alien Workers” $450,000 In Back Pay And Penalties; Court Rules “Federal Labor Law Trumps Federal Immigration Law”

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

Tagged as , , , , , , , ,

by | August 1, 2013 · 6:10 am

Hospitality Industry Legal Risks: New Jersey Restaurant Group Fined $500,000 For “Substituting And Selling Cheap Liquor For Premium Brands”

“…The fine includes $400,000 for the violations and $100,000 to cover investigative costs…at one of the 29 businesses, a mixture that included rubbing alcohol and caramel coloring was sold as scotch. In another, premium liquor bottles were refilled with water that was not even clean. Restaurant Liquor Sales Liability 1The state never identified which restaurants or bars those were…The franchisee also faces a lawsuit in state court by two women who claim Briad had instituted a uniform policy to substitute cut-rate liquor for premium brands for during at least a year, in violation of the New Jersey Consumer Fraud Act. It seeks reimbursement for all customer losses and punitive damages of three times the price of each drink…”

An operator of TGI Fridays restaurants in New Jersey has agreed to pay a $500,000 fine for serving customers cheap booze when they paid for top shelf. Acting Attorney General John Hoffman said Wednesday that the fine levied against Livingston-based Briad Group, as a result of an investigation dubbed Operation Swill, should send a message to every bar and restaurant in the state that customers should always get what they pay for.

Under terms of the settlement, Briad agreed not to contest charges that eight of its restaurants were selling customers cheap substitutes in place of premium alcohol. It also agreed to employ a state-appointed monitor through June 14 to ensure its restaurants and employees are in compliance.

As long as there are no further violations during that period, the businesses will avoid five-day suspensions of their liquor licenses, the attorney general said.

For more:  http://www.bostonglobe.com/business/2013/07/31/tgi-fridays-fined-for-switching-liquor/tFC5CnrWxLByqT35hxVI6J/story.html

Comments Off on Hospitality Industry Legal Risks: New Jersey Restaurant Group Fined $500,000 For “Substituting And Selling Cheap Liquor For Premium Brands”

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

Tagged as , , , ,

by | July 30, 2013 · 8:15 am

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

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

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

Tagged as , , , , ,