Tag Archives: Restaurants

Hospitality Industry Property Risks: California Restaurant Kitchen Fire Caused By "Commercial Gas Grill" Igniting Wood Inside Wall; Repairs Estimated At $10,000

Restaurant Fire

“…Firefighters were hampered by multiple concealed spaces caused by past remodeling. Firefighters located the seat of the fire in the wall and extinguished it with a small amount of water, but found that the fire had traveled through the wall and in to ceiling spaces between layers of roofing materials above…”

Humboldt Bay Fire responded to a reported structure fire at Pho Thien Long Restaurant, 615 F St. Upon arrival fire personnel were directed to the kitchen area where light smoke was seen coming from a hole in a wall and the wall was extremely hot to the touch. Fire personnel directed restaurant customers and staff to exit the building. Power and gas was secured to the building as firefighters began cutting in to the wall to locate the fire.

Humboldt Bay Fire spent about 90 minutes ensuring that any remaining pockets of fire had been extinguished. The restaurant was turned back over to the business owner. The fire caused about $10,000 damage, and the business will need extensive repairs before it will be able to reopen. The cause of the restaurant fire appeared to be accidental. The fire was caused by heat radiated from a commercial gas grill igniting the wood in the wall.

For more:  http://www.times-standard.com/breakingnews/ci_22121723/updated-pho-thien-long-restaurant-will-need-extensive

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Filed under Fire, Insurance, Labor Issues, Maintenance, Training

Hospitality Industry Legal Risks: Kentucky Restaurants Sued By Cities For "Multiple False Alarms"; Thousands Of Dollars In Unpaid Fines

“…The city has filed 37 lawsuits in recent weeks — with at least 13 more pending — against the most egregious offenders, seeking thousands of dollars in unpaid fines and hoping to send a message about fixing alarms that False_Alarmswaste police time and cost taxpayer dollars…”

More than 40 times since 2008, Louisville Metro Police Department officers have made emergency runs to the Taco Bell on East Broadway, only to find they were responding to a false alarm.

Under a policy enacted in June 2005 that aims to crack down on residents and businesses who have multiple false alarms, the city has fined the Taco Bell — repeatedly — up to $500 per false alarm.

But the restaurant, like some others, has not paid its fines, which now total $10,700, according to city records.

Before police began charging fees for false burglary and hold-up alarms in 2005, officers were responding to more than 40,000 false alarms a year, Gibson said. Since then, that number has fallen dramatically, with less than 20,000 false alarm runs through October of this year.

For more:  http://www.courier-journal.com/article/20121203/NEWS01/312030096/City-sues-collect-false-alarm-fines?odyssey=nav|head

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

Hospitality Industry Employment Risks: Arizona Restaurant Settles EEOC "Pregnancy Discrimination" Lawsuit For $15,000; Servers Removed From "Sunday Football Schedule"

“…The EEOC’s lawsuit…charged that Sandbar instituted a policy of removing pregnant women from its Sunday schedule at its Peoria restaurant in an attempt to allegedly satisfy its male Sunday football EEOCcustomers… it believed its male customers did not wish to see pregnant women while they watched Sunday football games. Working on Sundays during football season was the most or one of the most lucrative shifts during the week for the pregnant employee…”

A Peoria, Ariz., restaurant will pay $15,000 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had alleged that West Sand, LLC, doing business as Sandbar Mexican Grill, unlawfully removed a pregnant employee from working on Sundays during football season because she was pregnant.

According to the EEOC, pursuant to this policy, Sandbar removed a pregnant woman from its lucrative Sunday schedule, causing her a significant loss of income. Sandbar denied the discrimination.

Sandbar Mexican Grill will pay $15,000 to the female employee to resolve this EEOC case. Under the consent decree settling the suit, Sandbar also must also (1) provide anti-discrimination training for all employees who work at its Peoria location; (2) review and revise, if necessary, its policies to ensure they prohibit sex and pregnancy discrimination as well as retaliation and ensure a strong and clear commitment to a workplace free of such bias; (3) investigate allegations of sex discrimination, pregnancy discrimination and retaliation promptly, fairly, reasonably, and effectively and ensure that appropriate corrective action is taken; and (4) post a notice that sex and pregnancy discrimination -or retaliation for complaining about it – is unlawful.

“Pregnancy discrimination remains a persistent problem in the 21st-century workplace,” said Mary Jo O’Neill, regional attorney of the EEOC’s Phoenix District Office. “Employers cannot disadvantage the terms and conditions of a pregnant employee’s work to satisfy an assumed customer preference about the physical appearance of employees, which is likely untrue in any event.”

EEOC District Director Rayford Irvin added, “The EEOC will continue to be vigilant in rooting out pregnancy discrimination. This type of unlawful exclusion is never a winning game plan.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-28-12a.cfm

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

Hospitality Industry Health Risks: Illinois Restaurant Connected To "Salmonella Contamination Through Human Transmission" Closed Down; Employees Must Be Cleared To Work

“…the (restaurant) was found to have a suspected connection to the salmonella cases…the health department discussed the situation with the franchise ownership, at which time they chose to voluntarily close in an abundance of caution…the link does not seem to be a certain food, but rather human transmission…”

A McDonald’s eatery in Bloomington, Ill. in McLean County was shuttered before the Thanksgiving weekend as investigators look into a suspected case of salmonella contamination. It remains closed.

Pantagraph.com writes that a range of confirmed salmonella cases were reported at several different restaurants in Central Illinois between October 18 and November 11, and “substantial information connecting the [McDonald’s] to the cluster of salmonella cases was discovered last week.” Investigators believe the sickenings were a result of human transmission rather than a specific food item.

Every employee at the McDonald’s is being tested and the restaurant will not reopen until enough staff have been cleared to work.

“People that are sick, they know they’re sick,” Simon said. “They’ve been sick for a period of time.” For about a week, these individuals have been suffering from particularly nasty cases of Salmonella Stanley, a rare strain that Food Safety News writes is rare outside of Southeast Asia and usually appears only in people who have traveled there.

For more:  http://www.huffingtonpost.com/2012/11/27/mcdonalds-bloomington-salmonella_n_2197920.html

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Filed under Food Illnesses, Health, Labor Issues, Maintenance, Risk Management

Hospitality Industry Health Risks: Tennessee Restaurant Employees Offered "Free Vaccines" By Non-Profit Group; Lack Of Health Insurance And Risks Of Contracting Flu Cited

“… healthcare professionals with The Shot Nurse have been visiting hundreds of Memphis area restaurants offering free vaccines for employees made possible with funding from Serving Memphis. Restaurant workers were chosen for the campaign for a number of reasons. They frequently lack health insurance, or work multiple jobs making it difficult to find time to get vaccinated. Also, their work with the general public puts restaurant employees at greater risk to contract the flu…”

Getting sick hurts restaurant workers in another place: Their pocketbook. “In this industry, you live off each day of work,” Hafford said.

So far this year, Pietri estimates she’s surprised more than 200 restaurants and injected 430 workers with the flu vaccine. The registered nurse works for The Shot Nurse, which would charge $25 per injection. But that expense is being born by three people who either own restaurants or have had family in the business: Michael Uiberall, Wight Boggs and Sandy Robertson.

They are paying for the shots through their new nonprofit, Serving Memphis.

“We’re trying to target people who are in minimum-wage positions,” said Boggs, an owner of Huey’s restaurants. They’re often young adults, she said, adding, “We’re trying to get them to start thinking about a healthy lifestyle early on.”

The goal is to provide 500 flu shots this year. “Next year, we hope to do 800 shots,” said Uiberall, a partner in the CPA firm Watkins Uiberall.

For more:  http://www.commercialappeal.com/news/2012/nov/21/new-group-aims-to-keep-memphis-restaurant/?CID=happeningnow

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

Hospitality Industry Property Risks: Kansas Restaurant Fire Starts In Grease Fryers And Spreads To Attic; $150,000 In Structural And Contents Damage

“…The fire started in the grease fryers area, quickly got into the building’s attic area…of the estimated $150,000 loss, $100,000 was structural damage, the other $50,000 with the building’s contents…”

A grease fire Sunday afternoon caused an estimated $150,000 in damage to a Mexican-food restaurant on the city’s west side. Topeka Fire Department crews were sent about 3:15 p.m. to the Taco John’s restaurant, 1015 S.W. Wanamaker, on a report of a fire.

Capt. Greg Degand, acting battalion chief for the Topeka Fire Department, said at the scene that the initial call indicated the fire was under control. Degand, who was first on the scene, said he saw heavy smoke coming out of the Taco John’s flue area as he approached the restaurant.

However, when he entered the building, Degand said he saw flames in the kitchen area extending from the floor to ceiling. Because grease was involved in the fire, crews at first used a dry chemical extinguisher to get the blaze under control.

For more:  http://cjonline.com/news/2012-11-25/taco-johns-fire-causes-150000-damage

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Filed under Claims, Fire, Insurance, Liability, Maintenance, Management And Ownership

Hospitality Industry Workers' Compensation Insurance Risks: Tennessee Supreme Court Awards Restaurant Manager Benefits At "Six Times His Medical Impairment" From Electrocution Injuries

“…The Tennessee Supreme Court held that a manager was entitled to benefits at the statutory maximum of six times his medical impairment…the manager was denied a meaningful return to work when he was terminated in retaliation for filing his claim. The manager’s age, education, training, work experience, and limitations warranted the six-times multiplier…”

A co-manager for a fast food restaurant was repairing a heating element used to keep food warm. Someone plugged the heating element into an electrical outlet. An electrical shock caused the manager to lose consciousness. He suffered from burns on his hands, chest pains, headaches, and memory loss. He repeatedly asked his supervisor to pay his medical expenses and authorize medical care for his symptoms. The district manager said he would “take care of it,” but the bills remained unpaid. The manager filed a workers’ compensation claim, and the restaurant was fined for failing to timely report the incident. Days after the claim was filed, his supervisor “vulgarly expressed his anger” about the claim. Within weeks, the manager, who had never received a reprimand, received two reprimands and was later terminated.

A neurologist diagnosed the manager with a migraine condition and epilepsy and opined that the conditions were caused by the electrical shock. The neurologist found that he reached maximum medical improvement with a 10 percent impairment to the body as a whole. A vocational expert opined that the manager suffered a 65 percent vocational disability based on his age, limitations, work history, and the local labor market. The manager was unable to find gainful employment other than occasional “odd jobs.” The Tennessee Supreme Court held that he was entitled to benefits at the statutory maximum of six times his medical impairment.

The court rejected the restaurant’s argument that the maximum multiplier possible was meant to punish it for mishandling the claim rather than an assessment of disability.

For more:  http://www.riskandinsurance.com/story.jsp?storyId=533352818

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

Hospitality Industry Legal Risks: Colorado-Based Restaurant Group Will Defend Itself Against Class-Action Lawsuit Alleging Overtime Violations; Company Maintains That Managerial Salaried Employees Are "Apprentices"

“…The class-action complaint…says Chipotle misclassified its “apprentices” as managerial salaried employees who don’t qualify for overtime pay. The suit contends apprentices earn salaries of $40,000 but frequently work more than 40 hours a week and often perform the duties of hourly workers, including cooking and filling orders…”

Chipotle Mexican Grill Inc. says a lawsuit alleging the Colorado- based company has failed to pay overtime to hundreds of employees is frivolous.

Chipotle spokesman Chris Arnold said the restaurant chain carefully defines the roles in its restaurants and that the apprentice position is “clearly” a managerial role ineligible for overtime, under state and federal laws.

The lawsuit seeks back pay and damages. Chipotle has about 1,350 restaurants.

For more:  http://www.insurancejournal.com/news/west/2012/11/19/271081.htm

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

Hospitality Industry Property Risks: Indiana Restaurant Suffers "Severe Structural Damage" As Car Crashes Into Dining Room; Customer Hospitalized In Serious Condition

“…the building suffered severe structural damage…the Indianapolis Fire Department’s Structural Collapse Rescue Team was called in to secure the building and prevent it from further collapse…the female customer was taken to (the hospital) in serious condition…”

Wayne Township Fire crews responded to an accident near West Washington Street and Lynhurst Saturday after an SUV crashed into the dining room of a restaurant – pinning a customer between the car and the counter.

A passenger inside the SUV said she and her daughter-in-law, who was driving, were headed east on Washington when a van pulled out in front of them.  She said her daughter-in-law swerved to avoid it, but lost control and crashed into the building.

Mariah Taylor was working at a fast food restaurant next door when she heard the crash, ran over to help along with a co-worker, and saw the woman who was pinned.

The passenger in the SUV suffered only a scratch. She said her daughter-in-law was able to get out of the vehicle on her own.

Wayne Township Fire officials said they haven’t been able to confirm the number of employees in the business at the time of the accident. There were no other injuries reported.

For more:  http://www.wishtv.com/dpp/news/local/marion_county/suv-crashes-into-restaurant

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Filed under Claims, Guest Issues, Injuries, Insurance, Management And Ownership

Hospitality Industry Crime Risks: Florida Restaurant Thieves Steal Safe Containing $35,000 In Cash; Break In Through Wall In Business Next Door

“The burglars got into the restaurant by breaking into a neighboring business and entering through a wall. Once inside the restaurant, they took the safe and the surveillance system…”

Thieves broke into a restaurant on Flagler Street overnight, stealing a safe that contained $35,000 in cash.
According to NBC 6, thieves broke into El Caribe Cafe at 7173 W Flagler Street sometime between midnight and 4 a.m. Monday morning.

About four months ago, thieves broke into the same restaurant, entering through the roof.

Police are investigating the crime, and doubt one thief acted alone. Miami police spokesperson Kenia Reyes confirmed evidence was left at the scene, but is not disclosing what it is at this time.

For more:  http://blogs.miaminewtimes.com/shortorder/2012/11/thieves_steal_35000_in_restaur.php

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Filed under Crime, Insurance, Liability, Management And Ownership, Risk Management, Theft