Tag Archives: Legal Risks

Hospitality Industry Management Update: “As Marijuana Becomes Legal in More States, How Should Employers Handle Positive Drug Tests?”

“…Hospitality employers also need to be aware of potential violations of the Americans with Disabilities Act (ADA) associated with medical marijuana.  Employers with facilities in states that allow medical marijuana use may need to provide a reasonable accommodation under the ADA for employees with a valid doctor’s authorization. 042314_acuna_marijuana_640 For instance, the New York statute permitting medical marijuana use automatically classifies every individual who is considered a Certified Patient as disabled.  Therefore, New York employers must engage in an interactive process with the employee to determine whether they need to provide the employee with a reasonable accommodation…”

Due to the ever changing laws surrounding the legality of marijuana, many of our hospitality clients have recently asked us whether it is lawful to terminate an employee who has tested positive for marijuana.  The answer varies greatly depending on the state in which you are located.

States continue to pass legislation legalizing marijuana use for specific purposes.  On July 5, 2014, New York became the twenty-first state along with the District of Columbia to legalize marijuana use for certain medical conditions—joining Alaska, Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont.  Two other states, Colorado and Washington, have legalized recreational marijuana use for individuals who are 21 years old or older, and Alaska and Oregon currently have similar legislation pending.

For more: http://bit.ly/1Bek1W8

Comments Off on Hospitality Industry Management Update: “As Marijuana Becomes Legal in More States, How Should Employers Handle Positive Drug Tests?”

Filed under Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership

Hospitality Industry Conference Update: “2014 Northern California Hotel & Lodging Conference”

2014 Northern California Hotel & Lodging Conference

Petra’s Director of Risk Management, Todd Seiders, and Loss Control Manager, Marco Johnson, will be in attendance and giving presentations on “Current Hotel Security Issues & Updates” and “Best Housekeeping Practices”

For more information, or to register for the event, check out the conference website here: http://bit.ly/V8Mco5

Comments Off on Hospitality Industry Conference Update: “2014 Northern California Hotel & Lodging Conference”

Filed under Conferences, Hotel Industry, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Update: “Atlantic City Hotel Security Caught on Video Beating Guests Bloody”

“…Professional poker player John Binns, along with his wife Renee and daughter Andrea, Atlantic-City-casino-guests-sue-over-security-beatings-caught-on-video-ABC-Newsfiled two separate lawsuits against Harrah’s for their behavior during an August 2012 dispute. The Binns’ suit argues that the hotel computer mistakenly erased their registration two nights into their stay. During an ensuing argument with security, guards surrounded him and took him to the ground…”

An Atlantic City hotel and casino faces separate lawsuits from at least eight guests for excessive use of force by security personnel and local police, ABC News reported on Friday.

The plantiffs suing Harrah’s Atlantic City include a financial analyst and a professional poker player whose 17-year-old daughter suffered a broken nose after hotel security forced her to the ground. The altercations involving both plaintiffs were filmed on the hotel’s in-house security cameras.

For more: http://bit.ly/1lPfQGi

Comments Off on Hospitality Industry Legal Update: “Atlantic City Hotel Security Caught on Video Beating Guests Bloody”

Filed under Claims, Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Injuries, Management And Ownership, Training

Hospitliaty Industry Management Update: “Train Businesses on Service-Animal Laws” (With Video)

“…Customers do have a responsibility to ensure their service animals are behaved. service-dog-courseFederal law makes an exception if the dog is out of control and its handler does not control it, or if the dog is not housebroken. However, that only means the pooch can be removed from the premises; the handler still is entitled to full accommodation…”

When it comes to accommodating customers with service animals, some businesses need to be taught new tricks.

As reported Monday by The News-Journal’s Chris Graham, Steve Keene is the latest person with a service dog to have encountered difficulties at a local establishment in recent years. When the Port Orange resident showed up with his dog Kima at the Racing’s North Turn restaurant in Ponce Inlet, staff asked him for documentation proving the black Labrador-Australian shepherd mix is a service animal. When he became irate at the request, he was asked to leave.

For more: http://bit.ly/1ojcuAZ

For a brief video on how to best train your staff for handling guests with ADA service animals, check out the video below:

[vimeo https://vimeo.com/102936915 w=500&h=281]

Petra Risk Solutions’ Risk Management Director, Todd Seiders, offers a P3 Hospitality Risk Report – ‘ADA Service Animals: Do’s and Don’ts’. 

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.

Comments Off on Hospitliaty Industry Management Update: “Train Businesses on Service-Animal Laws” (With Video)

Filed under Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Management And Ownership, Training

Hospitality Industry Security Update: “Word to the Wise: Phone Scam Targets Hotel Guests”

“…The callers are very convincing. According to hotel guests targeted by this scam,front desk the caller sounds very professional. However, hotels generally handle any questions about billing at the front desk, not over the phone. And they certainly wouldn’t be calling you in the middle of the night…”

Many travelers are trying to squeeze in last-minute vacations before schools are back in full swing. Unfortunately, scammers know this and may try to trick you into divulging your credit card information by posing as hotel employees. The Better Business Bureau warns travelers to beware of a telephone phishing scam designed to steal credit card numbers.

Hotel guests across the nation are alerting local BBBs of the increased popularity of this scam. Since travel and hotel stays tend to increase during the summer, the scammers ramp up their efforts during this time.

For more: http://bit.ly/1ou7mUV

Comments Off on Hospitality Industry Security Update: “Word to the Wise: Phone Scam Targets Hotel Guests”

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

Hospitality Industry Liability Update: “If a Hotel Loses Your Bags Are They Responsible?”

“…Hotels are liable for employees who may commit a criminal act against a guest, but are not generally liable when that act is committed by another guest or guests. hotel_theft_istock This falls under the law that states that the hotel can’t be responsible for acts that are considered outside of the property’s control.  The exception would be if a hotel was aware of a potential problem, or previous issues, but didn’t take steps to insure guest safety…”

Have you ever arrived at your hotel only to find that your room is not yet ready?  Anyone who has traveled has had this experience.  What do most people do next?  They typically check their bags with the bellman and find a place to pass the time.  A call comes a few hours later to tell them that their room is ready, but their bag, the one they checked earlier, can’t be located.

For more: http://fxn.ws/1sm6Ptg

Comments Off on Hospitality Industry Liability Update: “If a Hotel Loses Your Bags Are They Responsible?”

Filed under Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Risk Update: “Taking Steps to Help Prevent Suicides in Hotels”

“…Whether for the purpose of industry excellence or humanitarian interest, properties must sharpen their skills at preventing and dealing with tragic events on site.Suicide In the end, it is not only a hallmark of good business and an assurance for optimum guest experience but also a strategy for preserving the most precious of commodities—life…”

On July 20, 1995, comic book writer George Caragonne checked into the Marriott Marquis in New York City intent on taking his own life. The despondent comic book writer asked a bellman if the Marquis was the highest building in the area. Assured that it was, he rode a glass elevator to the 45th floor and walked onto an atrium balcony. As he hoisted his leg over the railing, a housekeeper frantically called to him, “Get off of there!” He did.

Reports say Caragonne fell 500 feet before hitting a glass elevator shaft and landing at the base. The New York Daily News estimated Caragonne’s body traveled at 100 mph before it made landing. The report gave credit to a bellman who efficiently ushered guests away from the scene and to staffers who quickly used blankets to block the grizzly sight. “They handled this pretty professionally,” one bystander was quoted as saying.

Motels and hotels—from modest rooms to the most luxurious suites—are among the “lethal locations” described by suicide researcher Steven Stack, Ph.D., of Wayne State University, Detroit. “Lethal locations include any place, such as a hotel room, where there is no one around—like a loved one—to intervene and stop a suicide,” he explains. Even a resort full of vacationers, a high-rise bustling with business travelers, or a motel filled with weekend holiday-makers does not discourage a deadly sense of despair hidden behind a single locked door.

For more: http://bit.ly/1zDi8k7

 

Comments Off on Hospitality Industry Risk Update: “Taking Steps to Help Prevent Suicides in Hotels”

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

Hospitality Industry Security Update: “Hilton Turns Smartphones Into Room Keys”

“…Ensuring that the technology can be used safely may not be that easy. In September 2012, according to a report published two months later by Forbes, an IT services consultant for Dell returned to her Hyatt room in Houston,hotelkeys Texas, to find her laptop stolen. The hotel concluded that the thief had entered the room by exploiting a vulnerability in a digital lock made by Onity. The vulnerability had been disclosed at the Black Hat security conference in July, 2012, and Onity said it shipped a fix to customers the following month…”

Hilton Worldwide plans to allow guests to check-in and choose their rooms using mobile devices, and even to unlock their hotel rooms.

By the end of the year, Hilton says it will offer digital check-in and room selection at 11 of its brands, across more 4,000 properties. The service will be available to Hilton HHonors members in more than 80 countries, the company said.

“We analyzed data and feedback from more than 40 million HHonors members, as well as guest surveys, social media posts, and review sites, and it’s clear that guests want greater choice and control,” said Geraldine Calpin, SVP and global head of digital at Hilton Worldwide, in a statement.

For more: http://ubm.io/1la55xX

Comments Off on Hospitality Industry Security Update: “Hilton Turns Smartphones Into Room Keys”

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

Hospitality Industry Security Update: “How Best to Battle Against Cybercriminals”

“…As part of the plan, properties should be aware of laws pertaining to data breach disclosure,CyberCriminal-620x330 educate staff on protocols, contact law enforcement to see who would have jurisdiction in the case of a breach, and put outside data monitoring and incident response teams on retainer…”

Hotels, the bad guys have their beady eyes on you.

“The more credit cards you have, the more interesting you are to someone,” says Suzanne Widup, senior analyst with Verizon’s RISK team. “You have data that they want.”

The hotel industry has a big target on its back, agrees Chris Pogue, director at Trustwave, an information security technology and services company, specifically because property management systems, food and beverage, and retail all reside under one roof and a central integration server consolidates all this customer data.

For more: http://bit.ly/Uy6szg

Comments Off on Hospitality Industry Security Update: “How Best to Battle Against Cybercriminals”

Filed under Crime, Hotel Industry, Management And Ownership, Technology, Training

Hospitality Industry Management Update: “Employee Sues Beverly Hills Hotel for Back Wages”

“…Leloup was required to work until midnight providing special room service requestsHotel for the sultan and cleaning his suites, the suit states. Leloup had no time to return home during the visits and slept in his car, the suit states…”

A Beverly Hills Hotel employee who alleges he was required to work more than 15 hours a day like a “glorified slave” during visits by the historic establishment’s owner, the Sultan of Brunei, is suing for back wages.

Paul Leloup filed the lawsuit Monday in Los Angeles Superior Court, claiming he is owed more than $60,000 in unpaid wages and penalties. A representative for the hotel could not be immediately reached.

For more: http://bit.ly/1pfaF6c

2 Comments

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