Tag Archives: Legal Issues

Hospitality Industry Employee Risks: California Hotels And Restaurants Are "Not Obligated To Ensure Workers Take Legally Mandated Lunch Breaks"; Unanimous Opinion By State Supreme Court

“…the high court sided with businesses when it ruled that requiring companies to order breaks is unmanageable and those decisions should be left to workers. The decision provided clarity that businesses had sought regarding the law…”

In a case that affects thousands of businesses and millions of workers, the California Supreme Court ruled Thursday that employers are under no obligation to ensure that workers take legally mandated lunch breaks.

The unanimous opinion came after workers’ attorneys argued that abuses are routine and widespread when companies aren’t required to issue direct orders to take the breaks. They claimed employers take advantage of workers who don’t want to leave colleagues during busy times.

The case was initially filed nine years ago against Dallas-based Brinker International, the parent company of Chili’s and other eateries, by restaurant workers complaining of missed breaks in violation of California labor law.

The opinion written by Associate Justice Kathryn Werdegar explained that state law does not compel an employer to ensure employees cease all work during meal periods. Instead, an employee is at liberty to use the time as they choose, she wrote.

For more:  http://finance.yahoo.com/news/court-managers-dont-ensure-lunch-breaks-181751682.html

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

Hospitality Industry Legal Risks: Sen. Feinstein Pressures California Senate To Adopt Legislation To Curb "Abusive ADA Lawsuits" Against Small Businesses For Minor Violations Of "Disabled-Access Laws"

“…in Redlands, 22 businesses were sued by the same attorney for allegedly failing to post a sign next to the handicapped parking spaces that informed parking violators they would be towed. The business owners settled the cases in amounts ranging from $5,000 to $14,000, Feinstein wrote…”

The bill would require those seeking disabled access to first notify the business of a violation, and then give it 120 days to correct the problem, during which time the firm could not be sued.

Sen. Dianne Feinstein (D-Calif.) has written to the leader of the California Senate, calling for the state to adopt legislation that would curb what she calls abusive lawsuits filed by private attorneys against small businesses for minor violations of disabled-access laws, and warning that if the state doesn’t act, she will.

Feinstein said some attorneys are filing “abusive lawsuits,” and “coercive demand letters” to force small businesses to pay thousands of dollars over often-minor noncompliance with the federal Americans With Disabilities Act and the state Unruh Civil Rights Act.

Steinberg wrote back that the California Legislature shares her concerns and approved a measure in 2008 that helps businesses come into compliance and makes it tougher to sue. The state leader disputed Feinstein’s contention that SB 1186 by state Sen. Bob Dutton (R-Rancho Cucamonga) is a possible answer.

For more:  http://www.fox40.com/news/headlines/ktxl-sen-feinstein-calls-on-state-to-curb-abusive-lawsuits-over-ada-20120404,0,7811356.story

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Filed under Guest Issues, Legislation, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Sen. Feinstein Pressures California Senate To Adopt Legislation To Curb "Abusive ADA Lawsuits" Against Small Businesses For Minor Violations Of "Disabled-Access Laws"

“…in Redlands, 22 businesses were sued by the same attorney for allegedly failing to post a sign next to the handicapped parking spaces that informed parking violators they would be towed. The business owners settled the cases in amounts ranging from $5,000 to $14,000, Feinstein wrote…”

The bill would require those seeking disabled access to first notify the business of a violation, and then give it 120 days to correct the problem, during which time the firm could not be sued.

Sen. Dianne Feinstein (D-Calif.) has written to the leader of the California Senate, calling for the state to adopt legislation that would curb what she calls abusive lawsuits filed by private attorneys against small businesses for minor violations of disabled-access laws, and warning that if the state doesn’t act, she will.

Feinstein said some attorneys are filing “abusive lawsuits,” and “coercive demand letters” to force small businesses to pay thousands of dollars over often-minor noncompliance with the federal Americans With Disabilities Act and the state Unruh Civil Rights Act.

Steinberg wrote back that the California Legislature shares her concerns and approved a measure in 2008 that helps businesses come into compliance and makes it tougher to sue. The state leader disputed Feinstein’s contention that SB 1186 by state Sen. Bob Dutton (R-Rancho Cucamonga) is a possible answer.

For more:  http://www.fox40.com/news/headlines/ktxl-sen-feinstein-calls-on-state-to-curb-abusive-lawsuits-over-ada-20120404,0,7811356.story

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Filed under Guest Issues, Legislation, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Employment Risks: Labor Department Investigation Forces Massachussetts Restaurants To Repay Employees For Back Wages And Incorrect Overtime

“…investigation found that several restaurants “violated the FLSA by paying  employees flat salaries for all hours worked without overtime pay, failing to  combine hours worked at multiple locations for overtime purposes, paying  incorrect overtime rates to tipped employees, making illegal deductions from  employees’ wages and failing to keep accurate records of employees’ hours….”

“…Even  more serious, our investigations found an emerging trend of misclassifying  restaurant workers as independent contractors in order to avoid minimum wage,  overtime and record-keeping requirements of the FLSA.”

Dozens of eateries around the state are paying employees for back wages as a  result of an ongoing enforcement initiative conducted by the U.S. Department of  Labor.

To date, investigations by the Boston District Office of the department’s  Wage and Hour Division have found $1,307,808 in back wages due to 478 employees  of 34 different Massachusetts restaurants.

Fifteen Not Your Average Joe’s locations have been cited, including the one  on Enon Street in Beverly, which is to pay nine employees a total of $44,201.73  in back wages.

The investigation, according to a release by the U.S. Department of Labor,  uncovered significant violations of the minimum wage, overtime and  record-keeping provisions of the Fair Labor Standards Act in many Massachusetts  restaurants.

Read more: Beverly restaurant to pay employees for back wages – Beverly, MA – Beverly Citizen http://www.wickedlocal.com/beverly/newsnow/x221034920/Beverly-restaurant-to-pay-employees-for-back-wages#ixzz1rJqNdvfO

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

Hospitality Industry Legal Risks: U.S. House Introduces Bill Calling For "One-Year Extension Of The ADA Deadline" On Installation Of Public Pool Lifts

“…A second congressional bill addressing the Americans with Disabilities Act has been introduced…once Congressman Mulvaney saw the strain placed on small-business owners who were rushed to [comply], and the concern for the safety of those using pool lifts, he decided to introduce [the bill]…”

It would prohibit lawsuits against pool and spa facilities for ADA violations alleged to occur between March 15, 2012, and one year after enactment of the bill. “Congressman Mulvaney believes portable lifts and shared lifts are the best solution…,”

On March 26, Congressman Mick Mulvaney (R-S.C.) introduced H.R. 4256, calling for a one-year extension of the ADA deadline for public pools. If passed, the bill also would allow portable lifts and sharing of lifts between vessels. “It allows for lift accessibility and safety, as well as being more economically achievable…”
The bill has 26 original co-sponsors. Ron Paul (R-Texas) is among the most recognized, and Mike Ross (D-Ark.) is the only Democrat.
In early March, Mulvaney joined 67 members of Congress in a letter to the U.S. Department of Justice, which enforces the ADA, decrying its decision not to allow portable lifts or sharing. In addition, he took issue with the timing of the decision, which came 45 days before the deadline. “In that short time, approximately 309,000 pools or spas would need their own individual lifts,” McAdaragh said. The letter asked the DOJ to, at the very least, extend the deadline by six months.

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Filed under Guest Issues, Health, Insurance, Labor Issues, Legislation, Liability, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Legal Risks: U.S. House Introduces Bill Calling For "One-Year Extension Of The ADA Deadline" On Installation Of Public Pool Lifts

“…A second congressional bill addressing the Americans with Disabilities Act has been introduced…once Congressman Mulvaney saw the strain placed on small-business owners who were rushed to [comply], and the concern for the safety of those using pool lifts, he decided to introduce [the bill]…”

It would prohibit lawsuits against pool and spa facilities for ADA violations alleged to occur between March 15, 2012, and one year after enactment of the bill. “Congressman Mulvaney believes portable lifts and shared lifts are the best solution…,”

On March 26, Congressman Mick Mulvaney (R-S.C.) introduced H.R. 4256, calling for a one-year extension of the ADA deadline for public pools. If passed, the bill also would allow portable lifts and sharing of lifts between vessels. “It allows for lift accessibility and safety, as well as being more economically achievable…”
The bill has 26 original co-sponsors. Ron Paul (R-Texas) is among the most recognized, and Mike Ross (D-Ark.) is the only Democrat.
In early March, Mulvaney joined 67 members of Congress in a letter to the U.S. Department of Justice, which enforces the ADA, decrying its decision not to allow portable lifts or sharing. In addition, he took issue with the timing of the decision, which came 45 days before the deadline. “In that short time, approximately 309,000 pools or spas would need their own individual lifts,” McAdaragh said. The letter asked the DOJ to, at the very least, extend the deadline by six months.

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Filed under Guest Issues, Health, Insurance, Labor Issues, Legislation, Liability, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

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

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

4 Comments

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

Hospitality Industry Legal Risks: ADA "Pool Lift" Product And Installation Demonstration Video

[youtube=http://www.youtube.com/watch?v=d42mLPaPZBk]

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

Hospitality Industry Legal Risks: ADA "Pool Lift" Product And Installation Demonstration Video

[youtube=http://www.youtube.com/watch?v=d42mLPaPZBk]

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