Tag Archives: Restaurants
Hospitality Industry Insurance Risks: Workers’ Compensation Fraud Accounts For 25% Of All Insurance Fraud, Costing $5 Billion Annually
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November 14, 2013 · 9:05 amHospitality Industry Legal Risks: New York Restaurant Settles Federal “ADA Disabilities Compliance” Lawsuit For $10,000 Civil Penalty, Fix Structural Issues Including Takeout Counter, Pathways And Accessible Toilets
“…the U.S. Attorney for the Southern District of New York, announced the filing and settlement of the lawsuit, which was part of the 
Manhattan Restaurants ADA Compliance Initiative. The Initiative uses the 2011 Zagat Guide’s “most popular†list to probe busy hubs for ADA compliance…The Upper West Side restaurant’s shortcomings include doors that are too tough to open, narrow pathways between tables, and too high a takeout counter. The Theatre District got slammed for its high coat check counter and lack of a raised-character sign near the restroom door. Neither restaurant had a fully accessible toilet…”
The entrances (of Carmine’s Italian Restaurant) top a long list of tweaks that will be made by the chain’s two Manhattan locations as the result of a settlement in a lawsuit filed today by the U.S. Attorney’s office. The suit cited several violations of the Americans With Disabilities Act, which also comes with a $10,000 civil penalty.
According to the suit filed by Preet Bharara, U.S. Attorney for the Southern District of New York, each Carmine’s has to shape up to comply with ADA regulations. Most small changes must be made within 90 days. Larger structural issues – like the Upper West Side location’s tight bathroom hallway – aren’t due until November 1, 2014.
Read more at http://observer.com/2013/11/prego-carmines-settles-suit-over-accessibility-issues/#ixzz2kXxcgZK1
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Filed under Guest Issues, Liability, Maintenance, Management And Ownership, Risk Management
Hospitality Industry Safety Solutions: Hotel And Restaurant Kitchen “Safe Work Practices” To Prevent “Slips, Trips And Falls” Of Young Employees
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Filed under Health, Injuries, Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management, Training
Hospitality Industry Employee Risks: Michigan Restaurant Waitress Convicted Of “Credit Card Forgery” After Padding Tips On Transactions; Prior Record For Theft And Larceny
“…(the defendant)Â was hired as a waitress at Buffalo Wild Wings…on June 19, 2013, she stole from customers by padding the tip amount on 
electronic receipts…For example, when someone used a credit card to pay for their bill, (she) would change the tip amount when she entered the transaction into the computer…The restaurant received a complaint from a customer, which led to an internal investigation by the business. That initial complaint led to others…”
Kortney Donesia Lewis, a 25-year-old Fruitport Township woman, garnered three prison terms this week for padding her waitress tips at a Buffalo Wild Wings restaurant — crimes committed while she was a fugitive from sentencing for a theft at a Red Roof Inn job.
Lewis also has a previous conviction record of stealing credit cards and larceny in a building in 2009.
Muskegon County 14th Circuit Judge Timothy G. Hicks on Monday, Nov. 4, sentenced Lewis to prison for three terms of between 15 months and 15 years for credit-card forgery as a fourth-time habitual offender. She pleaded guilty as charged Sept. 24.
For more: http://www.mlive.com/news/muskegon/index.ssf/2013/11/ex-waitress_gets_prison_for_st.html
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Filed under Crime, Guest Issues, Labor Issues, Liability, Risk Management, Theft
Hospitality Industry Employment Risks: Georgia Restaurant Sued By EEOC For “Sexual Harassment”; Female Workers Forced To Resign After Not Tolerating The Abuse By Manager
“…According to the EEOC’s suit, the employer allowed six women to be subjected to repeated acts of sexual harassment by a manager. The 
sexual harassment occurred throughout the servers’ employment, occurring daily for some…When some of the servers rejected the sexual advances, they were assigned to less profitable sections of the restaurant or had their work schedules negatively changed, which resulted in lower earning opportunities. Although the employees complained to other management officials about the harassment, nothing was done to stop it from recurring…”Â
A popular Atlanta-area restaurant/nightclub violated federal law by subjecting female servers to a pattern of sexual harassment by a manager, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed recently against Sirdah Enterprises, Inc., which owns and operates Taboo 2 Bar and Bistro in Roswell, Ga. The agency also alleged that the working conditions were so intolerable that five of the women were forced to resign when they could no longer tolerate the abuse.
It included groping their breasts and buttocks, indecent exposures, explicit sex related comments, requests for sexual favors, and promises of better working assignments and other benefits if they engaged in sexual acts.
Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed the suit in U.S. District Court for the Northern District of Georgia (EEOC v. Sirdah Enterprises, Inc. d/b/a Taboo 2 Bar & Bistro, No. 1:13-cv-03657) after first attempting to reach a voluntary settlement. The federal agency seeks back pay, compensatory and punitive damages for the servers, as well as injunctive relief designed to prevent such misconduct in the future.
“This case involves charges of gross sexual harassment where a manager, an individual normally entrusted with ensuring that the rights of employees are protected, took advantage of these women by abusing his position of power,” said Bernice Kimbrough, district director for the EEOC’s Atlanta District Office.
Robert Dawkins, regional attorney for the Atlanta District Office, said, “Taboo 2 was aware of the sexually hostile work environment to which these young women were being subjected, but failed to take remedial measures as required under the law. In addition to vindicating the rights of these seven women, this lawsuit is for the purpose of protecting the rights of current and future female employees.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.
For more: http://www.eeoc.gov/eeoc/newsroom/release/11-6-13a.cfm
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Filed under Labor Issues, Liability, Management And Ownership, Risk Management
Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions
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Filed under Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training
Hospitality Industry Legal Risks: New York Restaurant Found Guilty Of “Anti-Semitic Harassment”; Ordered To Pay $900,000 To Former Deliveryman
A New York restaurant deliveryman was awarded a $900,000 jury verdict for enduring 16 years of anti-Semitic harassment by three 
supervisors…(who) called him a “dirty Jew†and threw pennies at him while making anti-Semitic comments; they also docked his tips.
A deliveryman for New York’s Manhattan restaurant Mangia 57 has won a $900,000 jury verdict for the anti-Semitic harassment he endured while working at the establishment. According to the lawsuit, night shift manager Artur Zbozien often “passed gas†in front of Adam Wiercinski and said it was Zyklon B, the poison German Nazis used to exterminate Jews during the Holocaust, the New York Post reported.
Mr. Wiercinski endured the abuse for 16 years because “he was 50 years old,†his lawyer said. “He said, ‘Who else is going to hire a 50-year-old delivery man?’ He was afraid.â€
The jury reached a verdict in just four hours after hearing much of the testimony in Polish — used by many of the restaurant’s employees, the Post reported.
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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership
Hospitality Industry Insurance Issues: Employer Timeline For “Implementing The Affordable Care Act (ACA)”
For more:Â http://www.hotelnewsnow.com/media/Images2013/SpecialReports/20131028_Obamacare_timeline.jpg
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Filed under Insurance, Liability, Management And Ownership, Risk Management
Hospitality Industry Risk Solutions: “Liability Insurance: An Essential Precaution” For Hotel And Restaurant Owners By HospitalityLawyer.com
Once you have the proper coverage through a financially solvent company, ascertain that the amount of the coverage meets your needs. To ensure that you fully understand how much you actually have for the entire period, it is critical that you become familiar with the following concepts and terms: per occurrence, aggregate and umbrella or excess insurance.
You must also be aware of “claims made†policies. The term “claims made†means that the coverage is only available if an actual claim is brought to the attention of the insurance company during the policy period. Usual insurance policies cover claims that occur during the policy period, although they are not brought to the attention of the insurance company until after the coverage period has elapsed.
http://www.hlconverge.com/
When you buy liability coverage for your hotel or restaurant operation, you should receive a measure of protection and peace of mind, but for some reason you remain with that gnawing feeling that all may not be well with your insurance portfolio. You think you did what you were supposed to do. But did you? Do you have enough insurance? Do you have the right kind of coverage to cover possible accidents, incidents and catastrophes? Employer’s liability? Liquor liability? Auto insurance for employees who drive a car on behalf of the business? Do you know where your liability insurance policy is? When was the last time you read it? Do you understand the fine print? Do you know who the underwriter is – not the agent, but the company that is supposed to pay in the event of a claim? Do you know whether the insurance company is financially solvent?
Insurance Policy Coverage Checklist
1. General Liability (fire and casualty for the premises and hotel operations)
2. Employers Liability (discrimination claims)
3.  Workers’ Compensation (injury on the job)
4.  Liquor Liability (dram shop liability)
5. Â Swimming Pool/Spa/Workout Area Addendums
6. Â Golf Course Operators Liability
7.  Employee Security Bonds
8. Automobile Liability (autos, motorized carts, shuttle service, etc.)
9.  Outdoor/Water Activity Coverage Addendum
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Filed under Insurance, Liability, Management And Ownership, Risk Management
Hospitality Industry Safety Risks: New “Smartphone App” Searches Twitter To Identify “Possible Cases Of Restaurant Food Poisoning”; Results Correlated With “Scores From Health Department”
“…The app tags related users and follows that user around for 72 hours and analyzes their tweets for signs of food poisoning symptoms like 
vomiting, abdominal pain, fever and chills. The system watches out for tweets that contain keywords like “threw up†and “tummy ache. In just four months, the nEmesis team was able to identify around 23,000 restaurant customers and detect around 480 possible cases of food poisoning. They then gave the restaurants a “health score†based on the number of incidents of people who became sick after eating there. The nEmesis team correlated their results with scores from the health department…”
Researchers at the University of Rochester developed an app called nEmesis that searches through Twitter and identifies possible cases of food poisoning. The app takes GPS data that is accessible via Twitter’s API and cross references that with the coordinates of restaurants.
One of the creators, Adam Sadilek, who now works at Google, sees the app as something that can help warn customers and as a potential tool for health officials to identify restaurants that may need to be looked into.
For more:Â http://www.psfk.com/2013/10/food-poisoning-detection-app.html
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Filed under Food Illnesses, Guest Issues, Health, Risk Management, Technology
