Tag Archives: Restaurants

by | April 1, 2012 · 10:45 am

Hospitality Industry Food Safety Risks: Ohio Restaurants Report Decrease In "Critical Health Violations"; Refrigeration Temperatures, Employee Hand Washing And Mixing Of Raw And Cooked Foods Are Major Concerns

The Centers for Disease Control estimates that each year roughly 48 million people, or 1 in 6 Americans, get sick from a foodborne disease. Of those 48 million, 128,000 people are hospitalized and 3,000 people die due to food that was improperly stored or prepared. The CDC said there are 31 known pathogens that can grow in food that is not stored correctly that will infect unaware eaters.

A critical violation refers to anything “that could directly impact food safety,” according to Brian Williamson, chief of environmental services for Butler County. Examples include proper storage temperatures not being met, an employee not washing his or her hands before preparing food or mixing of raw and cooked foods.

The health departments keep track of restaurant conditions as part of the fight against foodborne diseases.

Nationally, consumers are expected to spend $632 billion at restaurants, according to the National Restaurant Association. This number is an increase of 3.5 percent over 2011. In Butler County alone, there are more than 2,000 places that provide food for sale in some capacity.

“If it’s a critical violation, we try to get it corrected while we’re there,” said Carla Ealy, director of environmental health for the city of Middletown. “If it’s something like a broken refrigerator, where it may take awhile to fix, we come back in 24 or 48 hours to make sure it has been repaired.”

Even if the violations are corrected while the inspector is still at the restaurant, the incident is recorded. Awareness and a realization of how incidents can put the public’s health at risk are keys to public safety, Williamson said.

For more:  http://www.middletownjournal.com/news/critical-health-violations-fall-at-area-eateries-1353156.html

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by | · 10:45 am

Hospitality Industry Food Safety Risks: Ohio Restaurants Report Decrease In "Critical Health Violations"; Refrigeration Temperatures, Employee Hand Washing And Mixing Of Raw And Cooked Foods Are Major Concerns

The Centers for Disease Control estimates that each year roughly 48 million people, or 1 in 6 Americans, get sick from a foodborne disease. Of those 48 million, 128,000 people are hospitalized and 3,000 people die due to food that was improperly stored or prepared. The CDC said there are 31 known pathogens that can grow in food that is not stored correctly that will infect unaware eaters.

A critical violation refers to anything “that could directly impact food safety,” according to Brian Williamson, chief of environmental services for Butler County. Examples include proper storage temperatures not being met, an employee not washing his or her hands before preparing food or mixing of raw and cooked foods.

The health departments keep track of restaurant conditions as part of the fight against foodborne diseases.

Nationally, consumers are expected to spend $632 billion at restaurants, according to the National Restaurant Association. This number is an increase of 3.5 percent over 2011. In Butler County alone, there are more than 2,000 places that provide food for sale in some capacity.

“If it’s a critical violation, we try to get it corrected while we’re there,” said Carla Ealy, director of environmental health for the city of Middletown. “If it’s something like a broken refrigerator, where it may take awhile to fix, we come back in 24 or 48 hours to make sure it has been repaired.”

Even if the violations are corrected while the inspector is still at the restaurant, the incident is recorded. Awareness and a realization of how incidents can put the public’s health at risk are keys to public safety, Williamson said.

For more:  http://www.middletownjournal.com/news/critical-health-violations-fall-at-area-eateries-1353156.html

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by | March 31, 2012 · 9:12 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

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by | · 9:12 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

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by | March 12, 2012 · 7:32 am

Hospitality Industry Legal Risks: Washington Hotel And Restaurant Sued By Fired Waiter For "Discrimination, Disparate Treatment And Infliction Of Emotional Distress"

“…He contends Matt Stickle, executive chef of the hotel’s Bite restaurant, belittled him in front of customers and co-workers and that the Murano’s managers did nothing to rectify the situation when he complained. Conteh, who immigrated to the United States from Africa, contends he was treated hurtfully and unfairly because he’s black…”

A Pierce County man is suing Tacoma’s Hotel Murano and the executive chef of its high-end restaurant, contending they discriminated against him when he worked there as a waiter. Muhammed Conteh filed his lawsuit last week in Pierce County Superior Court. Conteh seeks unspecified damages for discrimination, disparate treatment and the infliction of emotional distress.

Conteh contends, among other things, that Stickle “continuously harassed plaintiff about his personal smell and would physically smell the plaintiff and embarrass him in front of customers,” according to the suit.

Conteh said he also was punished for using the kitchen telephone and engaging in horseplay with colleagues. White co-workers who engaged in similar behavior were not disciplined, he contends.

Conteh was fired in January after working at the restaurant for eight years. He has been unemployed since, said his lawyer, Thaddeus Martin.

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by | March 2, 2012 · 8:03 am

Hospitality Industry Legal Risks: Florida Hotel Sued By U.S. Dept Of Labor For "Dodging Taxes By Paying Employees Entirely In Cash" And Denying Overtime

“…The U.S. Department of Labor says the Cavalier Hotel and Crab Shack on Ocean Drive owes its employees $160,000 and that owner Ralph Abravaya skirted taxes by paying his employees in tips and refusing them overtime pay…”

“…Department of Labor’s Wage and Hour Division, says a two-year investigation revealed Abravaya had dodged taxes by paying employees entirely in cash. He also underpaid them by denying them overtime when they worked more than 40 hours per week..”

An art deco hotel on South Beach is locked in a battle with the federal government over the kind of accusations that have gotten the 99 percent so riled up recently.

 “Yeah we screwed up,” Abravaya admits to Riptide. “Alright, so slap me in the hand. But don’t tell me you are going to destroy the business or fine me $300,000. If Abravaya loses in court, he will have to pay a total of $320,000 in fines and unpaid wages, plus court costs.

The hotelier admits that a manager did falsify records in an attempt to escape investigation. But Abravaya says he fired the employee as soon as he learned of the deception. He insists that when he took over the hotel and restaurant in 2009, he simply continued the policy set by the previous owner and paid the employees $6 an hour plus their tips — more than they were owed by law.

For more:  http://blogs.miaminewtimes.com/riptide/2012/03/cavalier_hotel_and_crab_shack.php

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by | February 26, 2012 · 8:23 am

Hospitality Industry Fire Risks: Hawaii Hotel Restaurant Fire Caused By "Gas Leak Behind Oven"; Originally Thought To Have Started In Grease Trap

“…Firefighters originally believed the fire had been started in the oven’s grease trap. However, twenty minutes later the fire reignited… Firefighters then discovered a gas leak behind the oven. Gas service was cut off to the restaurants fed by the line, and the fire extinguished…”

Fire safety officials will return to the Ala Moana Hotel later Wednesday after a fire broke out overnight at the Royal Garden Chinese Restaurant inside the hotel.  When firefighters arrived at the hotel shortly before 2 a.m., they found hotel staff using fire extinguishers to put out flames on the third floor restaurant.A hotel guest told KITV4’s Ryan Kalei Tsuji he was never alerted by a fire alarm. 
 
 The Ala Moana Hotel said an initial alarm was sounded, but the fire was quickly contained so guests could remain in their rooms. The hotel said the Honolulu Fire Department determined that a hotel evacuation was not necessary.Read more: http://www.kitv.com/news/30515611/detail.html#ixzz1nVKkYksE

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by | February 24, 2012 · 1:01 am

Hospitality Industry Employment Risks: Tennessee Restaurant Chain Faces "Class Action Lawsuit" Over Classifying Security Guards As "Tipped Employees"

“…employers who rely on the tip credit are advised to determine how much time each tipped employee spends on “non-tipped” activities, and if these “non-tipped” activities constitute more than 20% of the total working time for any shift, the employer must pay the employee the federal minimum wage ($7.25/hour) for all time spent on non-tipped tasks…” 

The issue in Stewart v. CUS Nashville, LLC is whether security guards at Coyote Ugly are “tipped employees” who can lawfully participate in a tip pool. Stewart was a Coyote Ugly bartender, a non-salaried tipped employee. She claims that Coyote Ugly violated the FLSA by requiring employees in her category to contribute their tips to a tip pool so the tips could be shared with, among others, security guards.

 Stewart argues that the security guards are akin to dishwashers or prep cooks and thus do not meet the definition of “tipped employees” who “customarily and regularly receive tips” under 29 U.S.C. § 203(m), (t).

Coyote Ugly argues that, based on their level of customer interaction, including “hollering” to encourage people to enter, checking identification of those who do enter, being stationed in the front of the house with patrons, assisting female patrons onto and off of the bar to dance, picking up glasses and bottles, and otherwise ensuring a safe customer experience, security guards are more akin to bus boys, maître d’s, silverware rollers, sushi chefs, and other front of the house employees who courts have held may properly share in tips.

Although premature to address the merits, the court granted conditional certification to a class of bartenders, barbacks, or waitresses at company-owned Coyote Ugly saloons who were required to share tips with security guards.

 For more:   http://www.jdsupra.com/post/documentViewer.aspx?fid=5a62a28c-b81a-4014-8c9d-025b758ee10f

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by | February 22, 2012 · 1:26 am

Hospitality Industry Health Risks: West Virginia Restaurant Workers Hospitalized After Exposure To Hazardous Chemicals

Nine workers at the IHOP restaurant in the Shops at Trace Fork along Corridor G were taken to the hospital Friday morning after a worker mixed chemicals and released a cloud of hazardous material into the air.

About 50 people were inside the restaurant at about 9:15 a.m. when an employee added the wrong chemical to a dishwasher used to clean restaurant hardware.

South Charleston Fire Department Capt. Virgil White said the two chemicals — a degreaser and a chlorine-based cleaner — are used in routine cleaning at the restaurant and were mixed together in a way that created “hazardous air quality.”

Although the employees are familiar with the cleaning products used, White said, the employee “may have grabbed the wrong bottle to do his mixture with and it created this problem.”

One IHOP employee, who asked not to be identified, said “there was a big cloud of smoke and it filled up the air. It smelled like straight bleach.”

For more:  http://wvgazette.com/News/policeblotter/201202170049

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by | January 29, 2012 · 7:10 am

Hospitality Industry Safety Risks: Texas Restaurants Receive "Dividends" Back From Workers Compensation Insurance Program For Maintaining "Successful Safety Programs"

“…dividends come back to restaurants participating in the TRA’s workers comp insurance program… creates incentives for the restaurants to have a safety program and to work with the insurance company and the employees to maintain a safer workplace….”

“Every year we get back … a little over half of our premium that we paid. So, it’s a big return of an expense,” says Lindskog whose company has been in the program since 2004. “A lot of people don’t want workers comp insurance because it’s expensive. But if you get half of it back, it makes it much more cost effective for your restaurant.”

Texas Mutual is the leading provider of workers comp insurance in the state. It was created by the Texas Legislature in 1991 when major reforms on workers comp became effective. Its board of directors is composed of individuals from companies it insures as well as those appointed by the governor of Texas.

For more:  http://www.bizjournals.com/sanantonio/news/2012/01/25/san-antonio-restaurants-score-rebate.html?page=2

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