Monthly Archives: June 2013

by | June 9, 2013 · 6:35 am

Hospitality Industry Property Risks: Ohio Restaurant Fire Starts In “Kitchen Fryer” And Heavily Damages Structure; “Advanced Fire In Building’s Center” Limits Firefighters To Defensive Action

“….an employee saw smoke at a fryer as he was walking through the kitchen, preparing to make a Restaurant Fire Risksdelivery…he and the two other employees cut off power to the fryer and tried to use a fire extinguisher “but it only got worse…(there was no) way of getting it stopped…”

A fire Friday afternoon that heavily damaged a popular Irish pub and restaurant, as well as a catering business, started in a kitchen fryer. That’s the preliminary assessment from Springfield Fire Rescue Division Chief Nick Heimlich, who kept firefighters on the scene at McMurray’s Irish Pub, Paddy’s Backdoor Pizza and Carmae Catering, all housed at 122 E. College Ave., on Friday night.

Heimlich said firefighters found “an advanced fire” in the center of the structure and noted that the progression of the fire was very rapid. Because the three businesses are connected and under one roof “a problem in one pretty quickly becomes a problem in the others,” the chief said.

When the decision was made to pull back and take a defensive posture in battling the flames because crews weren’t making the kind of progress they wanted in putting out the fire, Heimlich said, “basically that means for the most part the structure is a loss.”

For more:  http://www.whiotv.com/news/news/local/mcmurrays-popular-springfield-pub-is-on-fire/nYFfP/

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by | June 8, 2013 · 7:10 am

Hospitality Industry Health Risks: CDC Reports That Up To “58% Of Hotel And Public Swimming Pools Contain Fecal Matter”, Resulting In Increased “E.Coli & Other Recreational Water Illnesses”

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In 2013, the U.S. Centers for Disease Control and Prevention (CDC) released a report that found fecal matter in 58% of public swimming pools. The study looked at 161 samples from pool filter concentrates…The study detected E. coli in over 50% of the pool samples, indicating that swimmers frequently introduced fecal material into pools. This could mean that pathogens can be transmitted to others through the use of these pools and recreational water activities…Although the study found E. coli at higher rates in municipal pools, pools that required a membership or were located within a club still tested positive 49% of the time.

Although the study found E. coli at higher rates in municipal pools, pools that required a membership or were located within a club still tested positive 49% of the time. Since 1978, the incidence of recreational water illness (RWI) outbreaks of acute gastrointestinal illness has substantially increased.

Some of the organisms detected in the study included:
• Pseudomonas aeruginosa
• E. coli
• Giardia intestinalis
• Cryptosporidium

Contrary to popular belief, chlorine does not kill all germs instantly. There are germs today that are very tolerant to chlorine and were not known to cause human disease until recently. Once these germs get in the pool, it can take anywhere from minutes to days for chlorine to kill them.

Recreational water illnesses are caused by germs spread by swallowing, breathing in mists or aerosols of, or having contact with contaminated water in swimming pools, hot tubs, water parks, water play areas, interactive fountains, lakes, rivers, or oceans. Recreational water illnesses can also be caused by chemicals in the water or chemicals that evaporate from the water and cause indoor air quality problems.

These are just a few things to know about microbial contaminants and recreational water illnesses, to learn more about this other health and safety or environmental and indoor air quality issues, please visit the websites shown on the screen.

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by | June 7, 2013 · 5:51 am

Hospitality Industry Legal Risks: Hotel Management Must Evaluate And Prepare For Potential “Punitive Damage Claims” In Lawsuits Arising From Privacy, Over Service Of Alcohol And Criminal Actions Of Employees

“…the No. 1 priority is effective case evaluation and resolution. Early factual investigation is critical in determining what happened, why it happened and who was involved. Knowing and preserving the correct version of facts and events with effective reporting mechanisms is essential Hospitality Industry Lawsuitto knowing what kind of claim possibly can be presented and what kind of exposure exists…”

“…it is critical to evaluate the potential punitive exposure early and assess the potential for a punitive claim to get to a jury. Always consider the risk that punitive damages may get to a jury, how a jury will receive the evidence and whether your hotel could be punished by a jury that is attempting to make a statement that these incidents will not be tolerated…”

Hoteliers may face the problematic public-relations case that contains a punitive damages claim. These claims include: invasion of privacy, inappropriate surveillance, over service of alcohol, and criminal actions of employees and third parties. These cases are difficult for members of the hospitality industry who pride themselves on showing customers a positive experience, want good feedback and want customers to return to their hotel.

Securing and preserving evidence, which includes photographs, videos, an accident report, incident statement and/or witness statements must be undertaken to document what the incident involves. If photographs and videos are not preserved once a hotel has notice of a claim, a court could instruct the jury that they can infer the hotel destroyed the evidence for a reason. It is critical to use technology to best find and preserve evidence. No potential accident can be overlooked as a hospitality group never knows what accidents can turn into a possible lawsuit.

For more:  http://www.hotelnewsnow.com/Articles.aspx/10625/How-to-respond-to-punitive-damages-claims

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by | June 6, 2013 · 6:15 am

Hospitality Industry Legal Risks: Maryland Restaurant Owner Faces “Sexual Harassment And Retaliation” Charges In Lawsuit Filed By EEOC

“…the EEOC seeks injunctive relief prohibiting Basta Pasta from engaging in sexual harassment or retaliation, as well as lost wages and compensatory and punitive damages for Smith, Doe, Kokkinakos and other similarly-situated female employees, and other affirmative EEOCrelief…’No employee, male or female, should have to endure being subjected to offensive sexual comments and touching in order to earn a living, but the unlawful harassment is even more vile and intolerable when it includes sexual assaults by a company owner’…”

SPOA, LLC, which runs the Italian restaurants Basta Pasta in Fallston and Lutherville-Timonium, Md., subjected female employees to flagrant sexual harassment and fired a manager who complained about the harassment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

The EEOC alleged that the restaurant owner repeatedly subjected female employees, some of whom were teenagers, to unwelcome and offensive sexual harassment, including touching them on their buttocks, lower backs and shoulders; rubbing his genitalia against the buttocks of female employees; leering at female employees and making comments about their bodies, including calling them “sexy” or “hot;” making sexually suggestive remarks and crude sexual innuendos; and asking for massages.

The EEOC further charged that the owner pressured female employees to have alcoholic drinks at the end of their shifts and acted offended if they did not stay and drink.  The EEOC alleges that the owner gave one female employee, “Mary Smith,” alcohol, causing her to pass out and later wake up vomiting, and that Smith believed the owner drugged her in an attempt to sexually assault her.  The EEOC also charged that the owner took another female employee, “Jane Doe,” to his house, purportedly to talk about a management opportunity, but instead Doe believes he drugged and sexually assaulted her.  (Given the public interest in protecting the identities of sexual assault victims and attempted sexual assault victims, the EEOC is utilizing pseudonyms.)

The sexual harassment was so intolerable that these two employees felt compelled to quit their jobs, the EEOC says in the lawsuit.  Jane Doe was 18 years old when she started working for the company and 21 years old when she was forced to quit her job due to the sexual harassment.

The EEOC also charges that a restaurant manager, Dimitra Kokkinakos, had complained to management about the owner’s sexually offensive behavior but the company failed to take action to stop the harassment.  After learning that Kokkinakos had been in touch with Jane Doe, the restaurant warned Kokkinakos to “keep her mouth shut” and fired her in retaliation for her opposition to the sexual harassment.  The restaurant also threatened Kokkinakos when she participated in the EEOC investigation, including pressuring her to recant her testimony, according to the lawsuit.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/6-5-13.cfm

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by | June 5, 2013 · 6:33 am

Hospitality Industry Legal Risks: Texas Restaurant Group Faces “Wage Violation Class-Action Lawsuit” Over Tip Sharing, Food Discount Deductions

“…(the lawsuit) alleges that a Rainforest Cafes policy illegally required servers to share their tips with some employees who were not part of the wait staff…(plaintiffs were forced) to split tips with hosts, who do not qualify as wait staff because they do not serve food or beverages, or clear Hospitality Industry Wage Violation Lawsuitstables…The suit also targets a “discount program” at Rainforest Cafe that deducts a flat fee from employee paychecks to cover any drinks consumed at work and provides a discount on food…the deduction is too high and violates state law by requiring employees to pay more for food than it costs the employer…”

A Boston law firm filed a suit seeking class-action status Monday against one of the nation’s largest restaurant groups alleging the company’s Rainforest Cafe in Burlington violated state wage laws. Two servers employed at the Rainforest Cafe since 1998 are named plaintiffs in the case. Hundreds of workers might qualify for damages, according attorney Hillary Schwab of Fair Work, P.C.

The defendant, Landry’s Inc., is the Houston parent company of more than 40 restaurants chains across the county with total US sales of about $1.67 billion last year, according to restaurant industry research firm Technomic. Landry’s, run by chief executive Tilman J. Fertitta, a Houston billionaire, owns a number of restaurants groups with a presence in Massachusetts, including Morton’s The Steakhouse, Chart House, McCormick & Schmick’s, and the Oceanaire Seafood Room.

The plaintiffs are seeking restitution for all gratuities not received, wages not paid in full, money deducted from pay, and all court and attorney fees. Schwab said she will attempt to determine whether the tip practice is limited to the Rainforest Cafe or is a Landry’s corporate policy that might affect other restaurants in the state.

For more:  http://www.bostonglobe.com/business/2013/06/03/rainforest-cafe-servers-sue-restaurant-over-tip-policy/IOwix0twRIooe1FP8Cz4fJ/story.html

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by | June 4, 2013 · 6:04 am

Hospitality Industry Risk Solutions: “3rd Global Congress On Travel Risk Management” To Be Hosted By HospitalityLawyer.com On Sept. 30 – Oct 1 In Houston, TX (Video)

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HospitalityLawyer.com Education Partner II

HospitalityLawyer.com

HospitalityLawyer.com, in coordination with the Greater Houston Convention & Visitors Bureau, will host the 3rd Global Congress on Travel Risk Management, September 30 to October 1, 2013, in Houston, Texas, at the Galleria Omni Hotel. The Global Congress focuses on  solutions enabling businesses and governments to meet their Duty of Care to mobile employees and protecting mobile data.

The travel, tourism and hospitality industries are a $3.5 trillion global economic powerhouse encompassing transportation, lodging, and venues and events. Governments around the world spend trillions on infrastructure and travel support systems. Disruptions are costly, both financially and in customer goodwill. The Global Congress’s objective is to facilitate the delivery of safe, secure and uninterrupted travel via an all-encompassing public-private dialogue dedicated to the sharing of best practices for issues faced by the global travel, tourism and hospitality industries.

For more:  http://www.hospitalitylawyer.com/?post_type=gc&p=565

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by | June 3, 2013 · 6:26 am

Hospitality Industry Technology Solutions: Hotels Increasingly Targeting “Millennials” With Free Wi-Fi, “Coffeehouse-Like Workspaces” And Unique, Local Food & Amenities

“…Hoteliers and researchers say Millennials, those generally born in the 1980s to the early 2000s, are unique travelers because they want to stay Hotel Technology Solutionsconstantly connected through social media, they want coffeehouse-like spaces where they can work and play, and they want unique and local amenities. They also want it all instantly and in a comfortable, modern setting…”

A survey last year by Boston Consulting Group of 4,000 Millennials ages 16 to 34 and 1,000 non-Millennials ages 35 to 74 found key differences between consumers in both age groups. Millennials value speed and convenience, are more likely to trust advice from peers than people with professional credentials and use technology to connect with more people in real time, the study found.

King says AC Hotels will appeal to those travelers who appreciate design, technology, good lighting and quick, efficient service.  An AC Lounge will have a menu of small plates, cocktails, wines and craft beers. Visitors will be able to book spaces for meetings from their smartphones using Marriott’s Workspace on Demand app. And Wi-Fi will be free throughout the property.

Commune’s Tommie, which will launch in New York in 2015, is unabashedly going after Millennials. Public lounges called Reading Rooms will promote socializing. Guests will be able to check themselves in and dine from a gourmet grab-and-go marketplace. Rates will stay in the mid-$200 range because of the limited services.

For more:  http://www.usatoday.com/story/travel/hotels/2013/06/03/marriott-hotel-brand-millennials/2382003/

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by | June 2, 2013 · 6:50 am

Hospitality Industry Safety Risks: Alabama Hotel Guests Hospitalized By “Excessive Pool Chlorine Exposure”; Employee Failed To Turn Pump On

Hotel Pool Chlorine Health Issues“…employees of the hotel were putting chlorine in the pool without the pump on.  When the pump was turned back on, chlorine came out too fast instead of gradually…”

Nine people were sickened Sunday after coming into contact with too much chlorine at the Renaissance Birmingham Ross Bridge Golf Resort & Spa in Hoover.

Hoover Fire and Rescue were called out Sunday afternoon to the hotel pool where nine people had become ill.

Five people were treated on the scene. Two adults and two children were transported to local hospitals.
The pool was closed down for a short time but has since been reopened.

For more:  http://www.myfoxal.com/story/22427405/nine-people-sick-after-coming-into-contact-with-chlorine-at-a-hoover-hotel-pool

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by | June 1, 2013 · 6:41 am

Hospitality Industry Safety Risks: Hawaii Hotel Fined $48,000 By OSHA For 14 “Workplace Safety And Health Violations”; Lack Of Employee Training

According to the OSHA release, the serious violations at Kauai Beach Resort involved storage, handling and labeling of propane tanks, electrical wiring, electrical work practices by untrained maintenance personnel, and training and use of personal respiratory and Hospitality Industry OSHA Safety And Health It's The Lawelectrical protective equipment.

A popular Kauai hotel received 14 workplace safety and health standards violations on Thursday, and nine of them were serious enough for the U.S. Department of Labor’s Occupational Safety and Health Administration to take action. Kauai Beach Resort in Lihue faces a total of $48,000 in proposed fines. Kai Management Services of Lihue, the management company for Kauai Beach Resort, received the violations following a routine inspection conducted on Feb. 14 by the OSHA Honolulu Area Office.

  • Workers mixing chlorine for swimming pools do not present a hazard to swimmers. Failing to follow proper safety precautions puts the workers health in jeopardy and it is the responsibility of the employer to train them, he said.
  • The maid service handles chemicals and it is the responsibility of management to ensure they are trained and using safety equipment, he said.
  • Untrained workers altering the wiring of an electrical panel in performing day-to-day maintenance is a serious violation. Management must ensure that only qualified personnel work on energized circuits, he said.
  • Another violation included the incorrect use of flexible cords as substitutes for fixed wiring. In some instances this occurs from daisy-chaining several electrical strips in an industrial kitchen, where an overload from high amperage appliances could cause melting and a fire hazard, Lemke said.

For more:  http://thegardenisland.com/news/local/kauai-beach-resort-faces-k-in-fines-for-safety-violations/article_a38a085c-c9b5-11e2-828f-0019bb2963f4.html

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