Tag Archives: Restaurants

Hospitality Industry Insurance Risks: Hotel And Restaurant Owners Relieved By Obama Administration’s One-Year Delay Of “Affordable Care Act (ACA)”; “Law Is Too Complicated And Costly”

“…employers are relieved that federal officials are delaying penalties for businesses that fail to provide health insurance for their workers, but they say the reprieve does not clear up worries that the requirement is too complicated and too costly…the hotel has 70 employees, many of health insurance nationalwhom do not buy the insurance coverage the hotel offers. The Ramada Inn pays half the cost of the insurance. Business leaders said the delay was inevitable…(employers) have not seen this big a change this ill-defined this close to the deadline…the question still is how this works, what we have to pay and what are the options…it’s just in terms of whether (employers are) going to be able to understand it…”

Businesses with more than 50 employees were to face escalating tax penalties if they did not provide workers with acceptable health insurance coverage by January 2014 as required in the national health overhaul law. President Barack Obama’s administration announced Tuesday it was pushing the deadline back to January 2015 because of confusion about the requirement.

The one-year reprieve is only for businesses. Individuals still must have insurance by 2014 or face penalties, and new online marketplaces called exchanges will help them find coverage, often at subsidized rates.

For more:  http://rapidcityjournal.com/news/businesses-relieved-by-insurance-delay/article_88b8e75c-e4fc-11e2-9b88-001a4bcf887a.html

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Filed under Health, Insurance, Labor Issues, Legislation, Liability, Risk Management

Hospitality Industry Property Risks: Kansas Restaurant Kitchen Fire Caused By “Grease Build-Up In Duct Work”

“…fire was found in the grease duct…water (could not be put) on it, in that the grease will spread the fire even more…several specialized Restaurant Fire Risksextinguishers (had to be used) since the duct work is so big, and there was a lot of grease in the duct work, which led to the fire…” 

A buildup of grease caused a fire at the New China Buffet in the 4800 block of S. Broadway. Wichita Fire Department Battalion Chief John Turner said firefighters saw smoke from the highway as they responded to the call around 4:30 p.m. A second alarm was called because the restaurant is in a strip mall.

“We do have to protect not only the occupancy that is on fire, but the two neighboring occupancies are a concern for smoke extension and also fire extension,” Turner said.

Damage was mostly contained to the New China Buffet. The kitchen is a “total loss,” Turner said. No one was hurt. About 10 people were evacuated from the restaurant, with most being employees.

New China Buffet will be closed at least through Thursday, Turner said. The health department will inspect food and working conditions.

For more:  http://www.kfdi.com/news/local/214226361.html

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Filed under Fire, Insurance, Maintenance, Risk Management

Hospitality Industry Legal Risks: North Carolina Franchise Restaurant Sued By EEOC For “Pregnancy Discrimination”; Refused To Hire Woman Who Was Six Months Pregnant

“…(the plaintiff) interviewed for a team member position with the restaurant’s owner at the restaurant around Nov. 16, 2012…at the time of the interview Morrison was six months pregnant.  During the interview, the owner asked Morrison a series of pregnancy-related questions such as EEOChow many months she had been pregnant; when she was expected to deliver; her childcare plans after giving birth; and how much maternity leave she planned to take…”

“Working women who choose to have children cannot be penalized or treated differently from other employees simply because they are pregnant,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office.  “Employers must remember that refusing to hire a woman because she is pregnant violates federal law, and the EEOC will enforce that law.”

A Chick-fil-A franchise restaurant violated federal law when it refused to hire a female job applicant because she was pregnant, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC’s complaint, John Charping, d/b/a Chick-fil-A at Concord Commons, refused to hire Heather Morrison because she was pregnant.    Although Morrison felt that the owner’s questions were inappropriate, she answered them because she wanted the job.  Three days after the interview, the owner called Morrison and informed her that she would not be hired.  The owner told Morrison to call back after she had the baby and had childcare in place.  The EEOC argues that Chick-fil-A at Concord Commons denied Morrison a job because she was pregnant.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (PDA).  The EEOC filed suit in the U.S. District Court for the Middle District of North Carolina (Equal Employment Opportunity Commission v. John Charping d/b/a Chick-fil-A at Concord Commons, Civil Action No.1:13-CV-00535), after first attempting to reach a voluntary pre-litigation settlement through the agency’s conciliation process.  The suit seeks back pay, compensatory damages and punitive damages for Morrison, as well as injunctive relief.

EEOC Supervisory Trial Attorney Tina Burnside added, “Pregnant women must be treated in the same manner as other applicants, and employers should not make inquiries related to pregnancy or deny a woman a job based on pregnancy.”

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

For more:  http://www.eeoc.gov/eeoc/newsroom/release/6-2-13a.cfm

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

Hospitality Industry Insurance Solutions: “HospitalityLawyer.com” Presents “Live Webinar” On “The Healthcare Act” On July 10

HospitalityLawyer Live Webinar July 10 Healthcare Act

HospitalityLawyer Live Webinar July 10 Healthcare Act page 2

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

Hospitality Industry Property Risks: Florida Restaurant Structural Damage Confirmed To Be Caused By “Sink Hole”; Large Cracks In Wall And Floor

“…Geotechnical testing performed over the past two weeks at the Bob Evans off I-4 in Seffner have confirmed that there is loose soil beneath the Restaurant Sink Hole Damagerestaurant…they are confident that what they found is responsible for the structural damage to the carryout area of the restaurant…employees noticed cracks in the walls and in the floor. Large cracks are also visible on the exterior of the Bob Evans. The bricks are also separating. After workers noticed the cracks, the restaurant did not open…”

Margaret Standing, the Director of Corporate Communications for the company, said experts found the problem between 40 and 60 feet beneath the north and northwest side of the restaurant. It has been closed ever since.

All 35 of the employees who work at the restaurant have been working temporarily at other Tampa area locations.

Standing said the company is now working to determine the best course of action. The company is evaluating options for remediating the site and rebuilding the restaurant at its current location or remediating and selling the property.

Read more: http://www.myfoxtampabay.com/story/22700727/2013/06/27/loose-soil-confirmed-beneath-bob-evans-in-seffner#ixzz2Xi8L7HUS
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Filed under Insurance, Risk Management, Structural Damage

Hospitality Industry Legal Risks: Massachusetts Restaurant Faces “Disabilities Lawsuit” After Terminating Employee With Cystic Fibrosis

“…(the plaintiff) claims she told her boss on March 28, 2012, that she would be late for work the Hospitality Industry ADA Lawsuitsfollowing day since “a nurse would be coming to her house to draw blood to check her medication levels.”…That was the first time Connell had mentioned her cystic fibrosis to any of her supervisors, the lawsuit says. It does state, though, that a manager overseeing her was aware of her cystic fibrosis and was encouraged to keep that information private…”

Chipotle Mexican Grill Inc. was sued on Monday by a former employee claiming the company violated the Americans with Disabilities Act and the Civil Rights Act of 1991. According to the Boston Business Journal, the plaintiff, Amanda Connell, filed the lawsuit in U.S. District Court in Massachusetts. Connell has cystic fibrosis and was hired to work for the company in December 2011. She worked as a crew member at the Franklin, Mass., location.

When she showed up for work on March 29, 2012, with a shunt showing partly in her arm — it was for a “peripherally inserted central catheter” — the suit says she was questioned by her boss and another manager. Connell explained that it was “for the treatment of lung disease.”

According to the suit, Connell was terminated from her job at Chipotle Mexican grill the next day.

The company has declined to comment on the incident with a spokesman saying they will not speak, pending legal action.

For more:  http://www.ibtimes.com/former-employee-sues-chipotle-after-she-says-she-was-fired-having-cystic-fibrosis-1324995

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

Hospitality Industry Health Insurance: Restaurant Industry Continues To Assess Options, Costs Of Implementing “2010 Affordable Care Act” Next January; #1 Issue For Small Businesses

“…restaurants employ roughly 10 percent of the workforce both in Georgia and nationwide. While many dining establishments have fewer than health insurance national50 employees and therefore won’t be subject to the mandate, others will be affected…the cost of health insurance has been the No. 1 issue facing small businesses, according to surveys by the National Federation of Independent Business…(margins) are so thin, there’s only X amount of dollars…(if health insurance was affordable) you’d have everybody insured.”

Steve Simon is co-founder of Fifth Group Restaurants, which operates seven restaurants and other businesses in the Atlanta area, employing more than 500 people. Currently, Fifth Group offers health insurance to its managers only.

But under the 2010 Affordable Care Act, when it is fully implemented next January, a business with 50 or more full-time workers must offer all employees working at least 30 hours a week a health plan that’s considered “affordable.” If it doesn’t, the business must pay a penalty.

Despite all the concern in the industry, some restaurant operators say the law’s impact may not be as great as originally feared. They cite the fact that to count as affordable coverage under the law –– thus escaping the penalty –– a business can charge workers up to 9.5 percent of their annual wages to pay for insurance. So if a worker is making $30,000 a year, the business can set his or her share of the premium at $2,850 annually, or $237.50 per month.

The restaurant owners say many workers will avoid such premiums by going without coverage, choosing instead to pay the ACA’s penalty of $95 for uninsured individuals.

For more:  http://chronicle.augusta.com/news/health/2013-06-24/restaurant-industry-nervously-eyes-aca-s-changes-insurance-rules?v=1372103979

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

Hospitality Industry Property Risks: Georgia Restaurant Propane Gas Line Explodes Severely Damaging Building’s Interior And Roof; Five People Injured

“…workers installing a new air conditioning unit Saturday smelled gas and shut the propane line off at the building in Lake Park. When the line Restaurant Gas Explosion Riskswas turned back on, it exploded and destroyed the building’s roof and one of its walls…”

Authorities in Lowndes County say a propane explosion at a restaurant left five people injured and caused severe damage to the building.

Fire Chief Richard Guyton says between 80 and 85 percent of the building’s interior was damaged. Four employees and a customer were injured and information on their conditions wasn’t immediately available. Witnesses said some of the victims suffered cuts from falling ceiling tiles.

Lake Park is about 15 miles south of Valdosta.

For more:  http://www.11alive.com/news/article/296578/3/5-hurt-in-south-Ga-restaurant-explosion

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Filed under Guest Issues, Injuries, Insurance, Labor Issues, Maintenance, Risk Management

Hospitality Industry Property Risks: Texas Restaurant Fire Caused By “Stove Left Burning After Closing”; $10,000 In Smoke And Water Damage

Restaurant Fire Risks“…Fire officials (reported) the restaurant manager had closed up for the evening but forgot to turn off the stove. The fire caused about $10,000 in smoke and water damage to the building…”

Firefighters rushed to save a popular barbecue restaurant on the Northwest side late Saturday.
A fire broke out at the Bill Miller Bar-B-Q Restaurant in the 3200 block of Fredericksburg Road at 11:30 p.m. Saturday.

The stove caught fire but firefighters were able to quickly put out the blaze. The fire caused about $10,000 in smoke and water damage to the building.

For more:  http://www.woai.com/news/local/story/Stove-sparks-fire-at-Bill-Miller-Restaurant/e0rTKN6bt0OHcOcpHKpAgg.cspx

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Filed under Claims, Fire, Labor Issues, Maintenance, Risk Management

Hospitality Industry Crime Risks: Pennsylvania Restaurant Manager Indicted For Stealing $75,000 Through “Fraudulent Transactions”

“…(the former manager) allegedly stole the money through “fraudulent transactions at the restaurant,” which may have fueled his gambling, hospitality industry employee theftstate police spokesman Lt. Stephen Jones said in September…(the owner) reported the thefts the same month Suozzo was arrested, according to court documents.   It was not clear how he discovered the alleged crime had taken place…”

A former manager at a White Township restaurant and golf club was indicted today on a theft charge after he allegedly stole more than $75,000 from his employer to fund a gambling habit. A Warren County grand jury returned an indictment today against James Suozzo, 56, of Route 57 in Franklin Township, on a theft charge.

At the time of his arrest in September, New Jersey State Police said Suozzo stole tens of thousands of dollars from Top of the Green Restaurant at Apple Mountain Golf Club while working as a restaurant and banquet manager. The investigation revealed Suozzo stole from April 2009 to June 4, 2011, court documents said.

Kiszonak did confirm Suozzo was fired.

For more:  http://www.lehighvalleylive.com/warren-county/express-times/index.ssf/2013/06/former_top_of_green_resturant.html

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Filed under Crime, Labor Issues, Liability, Management And Ownership, Theft