Tag Archives: Restaurants

by | September 23, 2013 · 5:47 am

Hospitality Industry Legal Risks: North Carolina Restaurant Operator Sued By EEOC For “Religious Discrimination”; Fired Woman For Wearing Skirts As Part Of Her Pentecostal Church Beliefs

“…(the employee, Sheila Silver, was) a member of the Pentecostal church (and believed) women should wear skirts in accordance with this EEOCreligious belief…Silver worked for various Kentucky Fried Chicken restaurants since 1992.  Scottish Food Systems and Laurinburg KFC Take Home purchased the KFC restaurant where Silver worked in April 2013.  At that time, they informed Silver she must wear pants to work because of their dress code policy.  Silver told Scottish Food Systems and Laurinburg KFC Take Home she could not wear pants because of her religious beliefs.  The companies ultimately fired her for refusing to wear pants to work…”

Scottish Food Systems, Inc. and Laurinburg KFC Take Home, Inc., two North Carolina corporations that operate a chain of Kentucky Fried Chicken restaurants in eastern North Carolina, violated federal law by failing to accommodate an employee’s religious beliefs and firing her because of her religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in an employment discrimination lawsuit filed today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which requires employers to reasonably accommodate an employees’ due to their religious beliefs as long as doing so does not pose an undue hardship.  The EEOC filed suit in U.S. District Court for the Middle District of North Carolina (EEOC v. Scottish Food Systems, Inc. d/b/a Kentucky Fried Chicken and Laurinburg KFC Take Home, Inc. d/b/a Kentucky Fried Chicken, Civil Action No. 1:13-CV-00796) after first attempting to reach a voluntary settlement through its conciliation process.  The EEOC seeks back pay, compensatory damages and punitive damages, as well as injunctive relief.

“Employers must respect employees’ sincerely held religious beliefs and carefully consider requests made by employees based on those beliefs,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office, which includes the EEOC’s Raleigh Area Office, where the charge of discrimination was filed. “This case demonstrates the EEOC’s continued commitment to fighting religious discrimination in the workplace.”

The EEOC is responsible for enforcing federal laws prohibiting discrimination in employment.  Further information about the EEOC is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/9-19-13c.cfm

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by | September 21, 2013 · 5:59 am

Hospitality Industry Technology Solutions: New Restaurant POS And Video Integration Software “Flags Questionable Transactions, Events And Conditions” To Reduce Employee Theft

“…software that can isolate POS activity not in compliance with performance standards and that is integrated with accompanying video Restaurant Employee Theftprovides training opportunities and also highlights suspicious activity of a particular cashier or manager…top that off with a video catching an employee in the act and it’s icing on the cake…The cloud-based system, which now has a real-time mobile app to alert  managers when suspicious activity occurs,  gives managers hard data on their employees, said Lori Kittle, CIO of Landry’s, the company behind 40 restaurant brands, including Morton’s, Bubba Gump and McCormick & Schmick’s…”

The National Restaurant Association estimates that internal employee theft is responsible for 75 percent of inventory shortages and about 4 percent of restaurant sales. Three-quarters of employees steal from the workplace at least once, while half steal repeatedly.

Another company specializing in detecting and preventing employee theft is EZConnect, which is used in Subway and Dunkin Donuts units. The platform features the ability to integrate digital video with the POS system as well.

“Suspicious cash transactions can be pinpointed and reviewed quickly, avoiding hours of research on standard digital camera systems,” Michael Starer, CEO of Profit Enhancement Technologies Inc., the company behind EZConnect.

For more:  http://www.fastcasual.com/article/219487/Using-technology-to-stop-restaurant-theft

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by | September 20, 2013 · 5:39 am

Hospitality Industry Insurance Solutions: “Hospitality Workers’ Compensation Fundamentals” By Brad Durbin Of Petra Risk Solutions

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Petra Risk Solutions Education Partners

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by | September 18, 2013 · 8:44 am

Hospitality Industry Safety Risks: Pennsylvania Restaurant Owner Faces “Wrongful Death Lawsuit”; Man Suffered Cuts, Cardiac Arrest After Falling Thru “Plate Glass Door”

“…The complaint claims that (the restaurant owner) knew the glass doors were unsafe, and, “despite owning and operating the restaurant and premises for decades … never even attempted to make the plate glass entrance door even marginally safer, such as Hospitality Industry Wrongful Death Lawsuitsthrough the application of widely available safety films that are applied to glass and cost only a few dollars per square foot of coverage…(the victim) allegedly suffered several cardiac arrests and was pronounced dead at 2:03 p.m. due to “penetrating injuries to the neck leading to acute hemorrhagic shock.””

A widow blames hazardous plate glass for the death of her retired college professor husband who badly cut his throat on the shattered door of a sandwich shop.

Plate glass, also known as annealed glass, “constitutes a well-known safety hazard when broken because such glass can break into large, sharp and unreasonably dangerous jagged shards if impacted,” according to the complaint in Butler County, Pa.

Laminated or tempered glass is safer because it “fractures into small relatively harmless cubes that are less likely to cause significant injury,” the complaint adds.  Cynthia Brunken sued Bob’s Sub and Sandwich Shop, located in Slippery Rock Commons, and its owner Cindy Marlowe for wrongful death.

A national standard was officially recognized in 1966 and an act was created in Pennsylvania “Requiring the Use of Safety Glazing Materials.”

“Despite the known and obvious risks involved with the use of plate glass or annealed glass entrance doors, the glass entrance door used at the Bob’s Sub and Sandwich Shop restaurant on June 3, 2013 contained dangerous plate glass or annealed glass, and did not incorporate adequate or safer glazing material, rendering the glass door unreasonably dangerous to customers, business invitees and specifically, Glen W. Brunken,” according to the complaint.

For more:  http://www.courthousenews.com/2013/09/18/61234.htm

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by | September 17, 2013 · 6:11 am

Hospitality Industry Legal Risks: Illinois Restaurant Sued For “Negligence” By Woman Who Slipped In Puddle Of Water; Seeking $50,000 For “Leg Injuries, Pain And Suffering”

“…(the plaintiff) blames the restaurant for causing her injuries, saying its employees negligently allowed a puddle of water to remain on its Hospitality Industry Injury Lawsuitspremises, failed to remove the puddle, failed to reasonably inspect the premises and failed to properly manage the restaurant…In addition to her injuries, (she) became sick, lame, disordered and disabled; experienced pain and suffering; incurred medical costs; and suffered disability and disfigurement, the suit states. She also lost earnings and wages, the complaint says…”

A woman claims suffered left knee and leg injuries after she fell on a puddle of water at a Mexican restaurant. Andrea B. Mercer filed a lawsuit Aug. 29 in Madison County Circuit Court against Chivas doing business as Carisilos Mexican Restaurant. In her complaint, Mercer alleges she was eating at Carisilos, which is located at 1978 Vandalia St. in Collinsville, on Sept. 3, 2011, when she fell on a puddle of water in the restaurant.

In her complaint, Mercer seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

For more:  http://madisonrecord.com/issues/366-personal-injury/259131-collinsville-mexican-restaurant-sued-by-customer-over-slip-and-fall

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by | September 15, 2013 · 5:34 am

Hospitality Industry Legal Risks: Tennessee Restaurant Sued For “Sexual Harassment And Retaliation” By EEOC; Manager Made “Offensive Comments, Physical Contact” With Teenage Worker

“…About two months after she began working there, the KFC’s 54 year-old store manager began making unwelcome and offensive comments EEOCand physical contacts. The EEOC further charges that the company retaliated against the minor by removing her from the work schedule and firing her within weeks after she reported the harassment to other management officials… The lawsuit asks the court to grant a permanent injunction preventing Memphis Foods from engaging in or condoning sexual harassment; and award appropriate back wages, compensatory and punitive damages…”

Memphis Foods LLC, the owner of a Memphis KFC restaurant, violated federal law by subjecting a teenage employee to sexual harassment and retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced yesterday.

According to the EEOC’s lawsuit, the 16-year-old female worked as a crew member for the KFC restaurant on Winchester Road in Memphis.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in the U.S. District Court for Western District of Tennessee, Western Division, (Civil Action No. 2:13-cv-02712) after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.

“Sexual harassment and retaliation in the workplace are always unconscionable, especially when minors are targeted and victimized,” said Katharine W. Kores, director of the EEOC’s Memphis District Office, which serves Tennessee, Arkansas and Northern Mississippi. “This agency considers the protection of minors in the workplace an important priority for eradicating employment discrimination.”

Memphis Foods LLC is an Arkansas limited liability company that owns and operates KFC and Taco Bell Restaurants throughout the greater Memphis area. Overall, the company operates more than 60 restaurants in Tennessee, Arkansas, Kentucky, Illinois and Missouri.

The EEOC recently updated its Youth@Work website (at http://www.eeoc.gov/youth/), which presents information for teens and other young workers about employment discrimination. The website also contains curriculum guides for students and teachers and videos to help young workers learn about their rights and responsibilities in the workforce.

The EEOC is responsible for enforcing federal laws that prohibit employment discrimination. Further information is available at www.eeoc.gov.

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by | September 14, 2013 · 1:37 am

Hospitality Industry Legal Risks: Immigration And Customs Enforcement (ICE) Employment Audits Targeted Restaurants (38%) In 2012; “Silent Raids” Force Workers To Lose Jobs, Large Fines For “Paperwork Errors”

“The administration appears to start with the presumption that employers are not telling the truth about their listed employees…”

U.S. Immigration and Customs Enforcement“…(an Ohio) restaurant was audited in early 2012. No undocumented workers were found…but paperwork errors resulted in a $27,500 fine, which didn’t get reduced. The company paid another $7,500 to have an immigration attorney handle the case and review the I-9 forms of the other 13 restaurants to make sure they were filled out correctly…”

“In late 2010, (a national restaurant) chain lost about 450 Minnesota workers, between 30% and 40% of its employees there…Last year, the burrito chain announced it was under federal investigation over possible criminal securities law violations related to communications to investors of work-authorization compliance. The company has said it is cooperating fully with the investigation…”

The U.S. government has launched a fresh crackdown on employers suspected of hiring illegal immigrants by notifying about 1,000 businesses across the country in recent weeks they must submit documents for audits. The so-called “silent raids” are the largest since July 2009 when just as many companies were notified, according to immigration attorneys, and weren’t publicly disclosed by Immigration and Customs Enforcement, the agency that conducts such inspections.

While the audits don’t lead to the deportation of a firm’s illegal workers, they lose their jobs if discovered. Critics of the crackdown say it drives more immigrants to eploitative, off-the-books work. For employers, the audits can lead to deep losses in productivity, in addition to civil and criminal fines, and many workers end up getting hired by competitors.

For more:  http://online.wsj.com/article/SB10001424127887324755104579071331936331534.html

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by | September 12, 2013 · 6:12 am

Hospitality Industry Health Risks: Arizona Restaurant Conducts “Full Re-Sanitizing” And “Enhanced Cleaning Protocols” With Consultant After E. Coli Outbreak Hospitalized 23 Customers

“…(the restaurant) said it disposed of all food and conducted “a full re-sanitizing of the restaurant” before reopening it. The company also noted Restaurant Food Safetythat it had worked with best-selling author and consultant Linda Cobb, known as the “Queen of Clean,” to “enhance its cleaning protocols”…of those who became ill in the exposure between July 18 and July 30, at least 23 were hospitalized, including two children who developed hemolytic uremic syndrome, a complication of E. coli infection that can cause kidney failure. The children required hospitalization, blood transfusions and dialysis..”

A Federico’s Mexican Food Restaurant in Litchfield Park, Ariz. that was linked to 79 cases of E. coli infection in July has reopened with new cleaning protocols in place and plans for a promotion to allay customers’ concerns about food safety.

On Aug. 1, the Maricopa County Department of Public Health informed Federico’s that it suspected some people had fallen ill from E. coli after eating at its Litchfield Park location. The company closed the restaurant for three days and reopened Aug. 5.

Owners of Federico’s, which has 20 units in the Phoenix, Ariz., area, said that the Maricopa County Department of Public Health has yet to determine the source of the E. coli O157:H7 infection.

For more:  http://nrn.com/food-safety/federico-s-restaurant-reopens-after-e-coli-outbreak

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by | September 11, 2013 · 6:17 am

Hospitality Industry Safety Issues: Top Restaurant Review Website Posts “City Health Inspection Scores” Online; Consumers Can Now More Easily View Inspection Background And History

“…Yelp’s data come from city health inspectors, and the site displays the same information a consumer could find on a government site. But Online Restaurant Health Inspectionsthose sites can be unwieldy and, as Yelp Director of Public Policy Luther Lowe puts it…“Nobody goes to the .gov websites before they go to Yelp. The goal is to put highly relevant information that’s created by taxpayers in a context that makes a lot of sense.”…In a city committed to open data, inspection scores were already available online, via mobile app and in the restaurants themselves. But the new Yelp feature “goes a little bit further” by allowing consumers to read about inspection background and history…”

Yelp.com is starting to make it easier for diners to find a place to eat without getting sick.In August, Louisville became the second city to incorporate health-inspection information into its restaurant pages on the user-review site. San Francisco — Yelp’s home turf — was the first to do so back in January. Now, listed among a restaurant’s business attributes (hours, parking, Wi-Fi access, etc.) is its health score out of 100 possible points and a link to a description of  violations and previous inspections.

The new feature is “empowering the public with information,” says Kathy Harrison, communications director for the Louisville Metro Department for Public Health and Wellness.

The response to the addition of health scores has been “overwhelmingly positive,” Lowe says, and Yelp is currently working with a half-dozen other cities to bring health scores to their restaurant pages over the next several months.

For more:  http://www.foodsafetynews.com/2013/09/yelp-is-posting-health-inspection-scores/#.UjB2k0nn-M8

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by | September 9, 2013 · 6:27 am

Hospitality Industry Legal Risks: Missouri Restaurant Operator Ordered To Pay $20.5 Million To Man Permanently Disabled After Beating In Parking Lot; “Failure To Prevent Fight”, Violated “Disruptive Customer Policies”

 “…(the plaintiff) claimed the fast food giant failed to prevent the fight, poorly trained its employees and violated its own policies for dealing Hospitality Industry Injury Lawsuitswith disruptive customers…(the jury) actually returned a $25 million verdict against Jack in the Box after an eight-day civil trial. That was reduced to $20.5 million after the jury found Aziz to be 18 percent at fault for the attack…”

A City Court jury ordered Jack in the Box restaurants to pay $20.5 million to a man who is permanently disabled from a beating in a parking lot 3 years ago.  Ali Aziz, now 35, was beaten unconscious and spent more than a year in a coma after the June 20, 2012 assault. He has permanent brain damage and cannot walk or feed himself, the St. Louis Post-Dispatch reported.

Aziz, through his mother Annette Brown, sued Jack in the Box in City Court in 2011.  Four people – three men and a woman – pleaded guilty and have gone to prison for it.
Earnest Carter, 22, was sentenced to 12 years in prison; Jasmine Jeffries, 22, to 15 years; Johnnie Lane, 33, to 5 years; and Rwoeshan Booker, 20, to 13 years, the Post-Dispatch reported.

A Jack in the Box spokesman said the company is considering an appeal.

For more:  http://www.courthousenews.com/2013/09/09/60939.htm

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