Tag Archives: Legal Issues

by | April 23, 2014 · 8:42 am

Hospitality Industry News Update: “Restaurant And Hospitality News For VARs”

This week the news includes a warning that hackers are using third-parties to gain access to data through vulnerable systems. Also, hotels and other retailers are adopting new mobile technology for check-in. Image And finally, in an interview with Forest Key of Buuteeq, we find out why hotel marketing is flying to the cloud.

Hackers Lurking In Vents And Soda Machines

This article from The New York Times discusses how your clients could be vulnerable to cyberattacks through solutions and devices be tied to a leaky third party, such as online menus, or even heating and cooling providers who now monitor and adjust office temperatures remotely, and vending machine suppliers who can see when their clients are out of Diet Cokes and Cheetos. Vendors are tempting targets for hackers because they tend to run older systems, and once hackers have found a way in, the devices offer them a place to hide in plain sight.

For more: http://www.bsminfo.com/doc/restaurant-and-hospitality-news-for-vars-april-0001

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

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by | April 22, 2014 · 9:18 am

Hospitality Industry Legal Update: “Hotel Hospitality: How to Stay on the Right Side of the Law”

“…No hotel firm wants to see their guests get hurt or for customer death to occur that they may have contributed to. Tragedies such as these are usually completely avoidable if the hotel Image follows health and safety and hospitality law guidelines for their guests. To keep on the right side of the law make sure you are fully up to date on your legal obligations towards your clients…?

The Hilton chain of hotels and its related businesses are being sued after the death of 27 year old Raul Hernandez Martinez, who was electrocuted after using a swimming pool at the Hilton Houston Westchase Hotel. According to Chron.com, he and his relatives had been using the pool on the evening of August 31st 2013 when the pool lights turned on as it began to get dark.

People began to complain of being shocked by electrical current and a child that was swimming at the deep end began to get into difficulties. On swimming over to him to assist him, Mr. Martinez was shocked and began convulsing.  Although he managed to lift the child out of the water, he was unable to get out. When he was pulled out, he had gone into cardiac arrest. He died six days later in the intensive care unit of the local hospital.

For more: http://hlconverge.com/index.php/component/k2/item/831-hotel-hospitality-how-to-stay-on-the-right-side-of-the-law

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Filed under Guest Issues, Hotel Industry, Insurance, Liability, Management And Ownership, Risk Management

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by | April 18, 2014 · 9:10 am

Hospitality Industry Legal Update: “Lawsuits to Recover Unpaid Wages and Damages For 89 Workers at Five Hotels Filed by US Labor Department”

“…Investigators from the division’s Columbus District Office found violations of the FLSA’s minimum wage, overtime and record keeping provisions for 61 workers jointly employed by Darpan Management and Fantastic Cleaning. Fantastic Cleaning, which provided housekeepers, attendants and laundry DOL staff for the hotels owned and operated by Darpan Management, misclassified the housekeepers, who were employees, as independent contractors. These employees were paid by the room and frequently did not earn enough to make the federal minimum wage…”

The U.S. Department of Labor has filed two lawsuits in the federal district court in Columbus against Darpan Management Inc.; five hotels the company owns and manages; and its owners, Darshan Shah, Vibhakar Shah and Prakash Patel.

One of the lawsuits addresses violations of the Fair Labor Standards Act’s minimum wage and overtime provisions for the hotel staff directly working for Darpan Management, and the other addresses similar violations for workers jointly employed by Fantastic Cleaning Ltd., a company that provided hotel staff to Darpan Management. The two lawsuits seek back wages and an equal amount in liquidated damages for 89 workers.

For more: http://www.norwalkreflector.com/article/4378786

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Filed under Claims, Employment Practices Liability, Hotel Employees, Hotel Industry, Labor Issues, Management And Ownership

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by | April 17, 2014 · 9:01 am

Hospitality Industry Legal Update: “Recent Hotel Incidents Serve as Cautionary Tales of Carbon Monoxide Health and Legal Risks”

“…Should a hotel have to contend with the unthinkable, a catastrophic incident, such as carbon monoxide poisoning, it is advisable to immediately conduct a detailed and thorough investigation. Preferably, counsel should be retained at the outset to shepherd the investigation, retain appropriate experts Image and serve as a liaison between the hotel and the investigating authorities. The benefit of counsel conducting the investigation is that everything learned during the course of the investigation falls under attorney client privilege in the likely event that a lawsuit is initiated…”

Recently media exposure regarding the dangers of carbon monoxide poisoning in hotels, motels, and resorts has seemed to increase. The issue has garnered attention among such major media outlets as ABC News’ 20/20, USA Today, and CNN. With good reason – a 2013 USA Today Investigation showed that, “eight people have died and at least 170 others have been treated for carbon monoxide poisoning in the past three years in hotels.” A concerning statistic given that according to the United States Consumer Product Safety Comission, approximately 170 people die each year from carbon monoxide produced by non-automotive consumer products overall.

Carbon monoxide, also known as CO, is a colorless, odorless, gas with toxic consequences for people and animals. Carbon monoxide poisoning is a risk that hotel, motel, and resort operators must take seriously, most importantly to ensure the safety and well-being of guests. But also because of the potential legal exposure carbon monoxide poisoning poses, both to business entities and individual owners, should the unthinkable happen in their hotel.

For more: http://hlconverge.com/index.php/component/k2/item/815-recent-hotel-incidents-serve-as-cautionary-tales-of-carbon-monoxide-health-and-legal-risks

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Filed under Claims, Guest Issues, Health, Hotel Industry, Liability, Management And Ownership, Pool And Spa, Risk Management

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by | April 10, 2014 · 8:38 am

Hospitality Industry Risk Management Update: “Two Arrested at Flagstaff Hotel on Prostitution Charges”

“…When the officer asked where the woman got the money, she said it came from the men she sleeps with. The woman, who said she had just moved to Arizona from California, Image told the officer she became a prostitute a few weeks earlier because a friend told her it was a good way to make money. She said she placed an ad on Craigslist and charged the men who responded to it between $100 and $150 to have sex with her…”

An 18-year-old woman and a 60-year-old man were arrested on prostitution charges at a Flagstaff hotel this week.

According to the police reports, two officers responded to the Quality Inn at 2500 E. Lucky Lane around 7 p.m. Monday after someone called Crimestop to report that several different men had been coming and going from a young woman’s room.

Officers knocked on the woman’s hotel room door and a man with disheveled and partially unbuttoned clothing walked out. He shouted, “It’s the cops” as he tried to walk away but was stopped by one of the officers.

For more: http://azdailysun.com/news/local/crime-and-courts/two-arrested-at-flagstaff-hotel-on-prostitution-charges/article_c972d69c-c073-11e3-bbe6-0019bb2963f4.html

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by | April 9, 2014 · 8:37 am

Hospitality Industry Legal Risk: “Caring For Dying Wife Cost Chef at Tony Hotel His Job, Lawsuit Alleges”

“…Esselborn maintains he was entitled to take the time off to care for his ailing wife. The federal Family and Medical Leave Act allows workers to take up to 12 weeks of unpaid leave to care for immediate family members with a serious health conditionImage….A message left Tuesday for the hotel’s general manager was not immediately returned. The suit, filed in Manhattan state Supreme Court, seeks unspecified monetary damages…”

STATEN ISLAND, N.Y. — Annadale resident Robert Esselborn and his family endured a staggering blow on Christmas Eve when his wife, Barbara, a popular school teacher, died nine days after suddenly taking ill. She was just 38.

The day before, Esselborn had been jolted on another front.

He was fired by reality-show-winning chef Anthony Paris from his night cook job at Manhattan’s chic Crosby Street Hotel for taking time off to care for his dying spouse, Esselborn alleges in a lawsuit.

For more: http://www.silive.com/southshore/index.ssf/2014/04/caring_for_dying_wife_cost_che.html

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by | April 8, 2014 · 8:08 am

Hospitality Industry Risk Management Update: “5 Factors to Consider When Courting Spring Breakers”

“…Local ordinances and zoning laws could affect your business. ‘There comes a point when residents, business owners, and politicians no longer want those students there, and theyImage will start passing laws like in Daytona Beach or Fort Lauderdale to curb or even eliminate behavior,’ Laurie says. ‘Students will then go to a place where those rules don’t exist.’…”

From March through mid April, hundreds of thousands of college students flock to warmer climates for a weeklong escape from the winter doldrums and pressures of academic life. And while this time of year can bring a spike in hotel occupancy to popular vacation destinations across the country, the traditional spring break party does come with its fair share of challenges and risks for owners. John Laurie, director of the destination marketing and tourism practice at Bond Public Relations and Brand Strategy in New Orleans, shares five factors to consider when determining whether to court the next generation of spring breakers.

For more: http://www.lodgingmagazine.com/5-factors-to-consider-when-courting-spring-breakers/

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by | April 7, 2014 · 8:20 am

Hospitality Industry Safety Update: “Rancho Mirage Hotel Evacuated Due to Gas Line Rupture”

“…Someone in the area reported the smell of natural gas and the building’s 24 units were evacuated and police, fire and the Gas Co. were all called, she said. Image The damage was done to an approximately 1-inch line, she said. The gas was shut off and once the area was deemed safe, the nearly 65 people evacuated to another area of the 360-acre resort were allowed back into their units…”

RANCHO MIRAGE – A natural gas line has been repaired and an evacuation order lifted at Westin Hills Golf Resort and Spa hotel at 71-333 Dinah Shore Drive.

Something hit the meter at time share building number 45 which broke the line, said Deborah McGarry, spokeswoman for Southern California Gas Co.

For more: http://www.desertsun.com/story/news/local/2014/04/06/westin-hills-golf-resort-spa-rancho-mirage-gas-line-rupture/7389275/

 

 

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by | April 2, 2014 · 9:03 am

Hospitality Industry Management Update: “The Accessibility Puzzle: Navigating ADA Requirements”

“…In new construction and renovations, architects often fail to provide an appropriate variety of accessible rooms that would offer guests with disabilities options comparable to those available to non-disabled guests, Vu says. Image ‘This can be a very expensive mistake. Oftentimes hotels are purchased without a thorough ADA review so that the new owners are unaware of the issues present at their new hotel’…”

In the years since the passage of the Americans with Disabilities Act of 1990, the lodging industry has faced many hurdles—and many opportunities—in implementing the far-reaching civil rights law. The past two decades have been a mixed bag of regulatory enforcement, litigation, and gradual recognition of the roles ADA and accessible design play in our industry. Since 1990, hoteliers have spent billions of dollars making their facilities accessible to individuals with disabilities in compliance with the ADA, not only because it’s the law but also because it’s their mission to make all guests feel comfortable and welcome.

“ADA compliance for new properties is easier than older ones since new hotel compliance standards usually come from the brands,” says Raj Shendge, COO of Ohio-based SAP Hotels. ADA compliance for older properties is trickier. He notes that when rules change in the middle of the game it becomes much more difficult. “No lawyer, city official, fire marshal, brand manager knows what is happening.”

For more: http://www.lodgingmagazine.com/the-accessibility-puzzle-navigating-ada-requirements/

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by | March 26, 2014 · 8:19 am

Hospitality Industry News Update: “Deadly Hotel Fire Raising Safety Concerns in New Jersey”

“…One woman, who stayed at Mariners Cove days before the fire, says the motel had battery-operated smoke detectors, but fire victims say they never went off.  ‘That’s the thing, they were battery-powered fire alarms. Once they get hot and they melt, they are not going to work,’ said Tammy Tilton…”

The deadly motel fire in Point Pleasant, New Jersey is raising safety concerns at other motels in the area.

Activity has died down at the scene, but the probe continues into Friday morning’s deadly fire at the Mariners Cove Motor Inn in Point Pleasant Beach.

The blaze killed four people, including 66-year-old Albert Sutton, formerly of Mount Laurel.

Based on surveillance footage pulled from the rubble and restored by computer experts at the Ocean County prosecutor’s office, detectives have determined the cause of the fire was careless smoking.

For more: http://abclocal.go.com/wpvi/story?section=news/local&id=9479643

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