Author Archives: Ida

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchise Sued For "Racial Discrimination" In Promoting Employees

“…The lawsuit …claims that Panera franchisee Covelli Enterprises discouraged managers from hiring African Americans, and then relegated them to menial, back-of-the-shop roles….”

A Panera Bread franchisee had a policy of keeping “fat, black or ugly” people off of the cash registers and out of management positions, according to a lawsuit filed in federal court today that seeks class action status.

It follows a lawsuit filed in November by a former Panera Bread manager who said he was fired under pretenses after he objected to such policies. Both Mr. Vines and the former manager are represented by attorney Sam Cordes.

Mr. Vines, who is black, worked at Panera at the Galleria in Mt. Lebanon from November 2009 through August 2011, according to the complaint. While he was there, a district manager told a store manager that Sam Covelli, of Covelli Enterprises, might give them both a “death sentence” if he saw Mr. Vines working a cash register, because Mr. Vines was a “that” — code for an African American.

Because Mr. Vines was a good employee, the store manager continued to periodically put him on the cash register, and tried to promote him, the complaint said. He was repeatedly reprimanded, however, and was not allowed to promote Mr. Vines, it said.

Mr. Vines eventually was forced to quit because of the policies, the complaint said. Mr. Cordes said he now works at another restaurant. He seeks actual, compensatory and punitive damages.

Mr. Vines seeks to represent the interests of all African Americans hired at Panera Bread branches owned by Covelli Enterprises, which is based in Warren, Ohio. Mr. Cordes said that the class of plaintiffs does not include overweight or “ugly” people.

Read more: http://www.post-gazette.com/pg/12011/1202770-100.stm#ixzz1jBDYhqK9

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

Hospitality Industry Legal Risks: Woman Files "Negligence Lawsuit" Against Major Hotel Group After Front Desk Staff Gives Room Key To "Drunken Man" Who Assaults Her

A New York business woman is suing Starwood Hotels and Resorts Worldwide, claiming staff at one of their hotels gave her room key to a drunken man who allegedly sexually assaulted her in her bed.

 “…suing the company for negligence and negligent infliction of emotional distress for an amount to be determined at trial…”

Alison Fournier announced the suit today at a news conference with women’s rights lawyer Gloria Allred. According to the suit, Fournier was in her locked room in Hotel Kämp, a hotel operated by Starwood Hotels in Helsinki, Finland, on the night of Jan. 15, 2011 when she was sexually assaulted.

The man, who was “visibly intoxicated,” had undressed, slipped into her bed, and proceeded to grope her naked body, the suit says.

That same man, according to the suit, later went to the front desk, said that he was Fournier’s husband, and obtained a key from hotel staff to her room.

The staff did not ask him for any identification or proof that he was in fact Fournier’s husband, according to the lawsuit. He then proceeded to her room and tried to molest her. She awoke, grabbed a housecoat, and ran screaming from the room.

For more:  http://abcnews.go.com/US/woman-sues-hotel-claiming-drunken-man-room-key/story?id=15324761

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Filed under Crime, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Privacy, Risk Management

Hospitality Industry Legal Risks: Ten Indiana Hotels Named In "Overtime Lawsuit" Involving Housekeepers And Food Service Staff

 “…to get all the rooms cleaned, she didn’t take lunch breaks or worked past the end of her shift…she estimates she is owed $5,200 for unpaid work over the past two years…”

 “…intends to ask the court to make the lawsuit a class action open to more than 1,000 local hotel employees who worked for Hospitality Staffing during the past three years…”

An attorney representing 14 Indianapolis hourly hotel workers plans to file a lawsuit today alleging their employers failed to pay them for overtime. Ten Indianapolis hotels, including some of the city’s largest, and the staffing company for which the employees worked, Hospitality Staffing Solutions, are named in the prepared complaint. Jeffrey A. Macey, an Indianapolis attorney for the workers, said he plans to file the 24-page document today in U.S. District Court in Indianapolis.

Most of the 14 workers making the allegations were housekeepers or food service staff.

For more:  http://www.indystar.com/article/20120109/LOCAL18/201090328/10-Indianapolis-hotels-named-lawsuit-alleging-workers-weren-t-paid-overtime?odyssey=tab%7Ctopnews%7Ctext%7CIndyStar.com

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

Hospitality Industry Guest Health Risks: Indiana Hotel Water Softener Malfunctions Producing "Chlorine-Like Smell" That Sickens Two Guests And Results In Fire Dept Hazardous Materials Teams Being Dispatched

 “… the water softener (which covers the entire building) was malfunctioning due to the high-pitch noise it was making… it was clogged, and instead of pushing its collections out as it’s supposed to do, it was sending them back into the system, producing the odd smell (similar to chlorine)…”

The Indianapolis Fire Department’s Hazardous Materials Team was dispatched to a Far-Southside hotel to investigate a possible chemical spill Saturday after two hotel occupants complained of difficulty breathing.

One person was transported to Community Hospital South, and a hotel worker was checked at the scene.

Rescuers were called to the Holiday Inn Express, 5151 S. East Street, at 2:25 p.m. after a guest told hotel workers there was a smell similar to chlorine coming out of the faucet. Based on that information, the call was upgraded because a chemical spill was suspected.

For more:  http://www.indystar.com/article/20120108/LOCAL/201080373/Hazmat-team-called-check-odor-Holiday-Inn-Express-Far-Southside?odyssey=tab%7Ctopnews%7Ctext%7CIndyStar.com

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Filed under Guest Issues, Health, Injuries, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Pennsylvania Hotel Owner Settles "Wrongful Death" Lawsuit For Over $250,000 Of Man Who Was Trapped By "Suction Of The Pool Drain"

“…Mr. Williams’ widow… sued the club and its owner, Daniel Griffin, along with Elmhurst Corp., the hotel owner, claiming her husband became trapped in the suction of the pool drain…”

The settlement is confidential and lawyers would not discuss it, although court filings indicate that Mr. Williams’ daughter in Buffalo, N.Y., received $264,000, which represents part of the settlement.

A wrongful death suit against a Downtown hotel and a defunct athletic club involving the drowning of a Penn Hills man in 2009 has been settled for an undisclosed amount. Lorenzo Williams, 38, drowned on April 11, 2009, in the pool at the former Downtown Athletic Club adjacent to the Doubletree City Center.

Ms. Williams said Mr. Griffin, who rented the space for the club from the hotel, was negligent in not making sure the pool was safe by installing a drain cover as required by federal law.

The club closed in May 2009 after its lease expired.

The crux of the case was the Virginia Graeme Baker Pool and Spa Safety Act, a federal law passed in 2007 requiring all pools and spas to have special drain covers to keep children from getting trapped.

The law was created after Virginia Baker, the 8-year-old granddaughter of former Secretary of State James Baker III, drowned in 2002 after being trapped by a hot tub drain.

Read more: http://www.post-gazette.com/pg/12007/1202018-53.stm#ixzz1imyIW57P

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Filed under Claims, Guest Issues, Injuries, Insurance, Liability, Maintenance, Management And Ownership, Pool And Spa

Hospitality Industry Guest Safety Risks: Small Boy Drowns In A Michigan Hotel Hot Tub; Father Had Left Child In Care Of 14-Year Old

“… a 3-year-old boy, who was with his father and several other children in the pool and hot tub area,  drowned…he was sitting on the ledge of the hot tub, when the father went back up to the room to retrieve something…”

“… a 14-year-old friend of the family was put in charge of watching the children…”

Soon after the father went back to the room, the children decided to get into the pool and lost track of the 3-year-old, according to Southfield Police Lt. Nick Loussia.

“Nobody saw the 3-year-old fall in,” Loussia said. “When the father came back, he saw the kids in the pool, looked in the hot tub and saw the 3-year-old in the hot tub.”

The father pulled the boy out and began performing CPR while hotel staff called 911. Paramedics and police responded to the scene and transported the boy to Beaumont Hospital in Royal Oak, where he was pronounced dead.

For more:  http://www.theoaklandpress.com/articles/2012/01/05/news/local_news/doc4f05e52249ad0488717383.txt

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Filed under Guest Issues, Injuries, Insurance, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Property Risks: Florida Hotel Fire Possibly Caused By Guest "Manufacturing Drugs"; $35,000 In Property Damage And Contents Loss

“…firefighters suspected that the room could have been used to manufacture drugs. Investigators noted that the occupant was seen “running away with soot and possibly with burns…”

 “Heavy fire was coming from the 4th floor southeast corner” when crews began to arrive at the hotel…

The Office of the State Fire Marshal is investigating to determine what caused a 1:00 a.m. hotel fire that resulted in the evacuation of dozens of guests and racked up an estimated $35,000 in property damage and contents loss during the wee hours of Wednesday morning.

First responders launched an immediate search for victims, evacuated guests on adjoining floors, established a water supply and began to attack the flames.

Once extinguished, crews searched for additional fire above, behind and beside the fire room, Aviles said. “Once the fire was extinguished crews left the scene intact for incoming investigators.” According to the fire report, the major damage was confined to the 4th floor hotel room and did not spread.

Sheriff’s representative Chuck Mulligan told reporters this afternoon that the police may have located the occupant of the room, however, details have not yet been confirmed.

For more:  http://www.historiccity.com/2012/staugustine/news/florida/injuries-reported-ramada-inn-fire-morning-21950

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Filed under Claims, Fire, Guest Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Crime Risks: Louisiana Hotels' "Business Centers" Used For "Online Prostitution"; Pictures And Ads Found On Computers

“…Prosecutors say a Houston man who had used a hotel business center to post online ads offering a woman for prostitution faces up to 10 years in prison…”

“… posted online advertisements for sexual services and reportedly kept all the profits his victims made…”

A Houston man has pleaded guilty to transporting a woman for commercial sex, the US Attorney’s Office says. In court, 30-year-old Jerald Bland admitted he transported a woman to Louisiana so she could engage in prostitution.

Bland, aka “Moe Betta”, was arrested following an undercover Houston Police investigation in March 2010. Officers discovered a camera containing pictures of women in sexually provocative poses and Bland flashing money.

Sentencing is scheduled for March 20, 2012. If convicted, Bland faces up to 10 years in prison and a maximum $250,000 fine. Upon release, he also faces a lifetime sentence of supervised release.

Read more: http://www.myfoxhouston.com/dpp/news/local/120103-man-pleads-guilty-in-sex-trafficking-case#ixzz1iUwAekmu

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Filed under Crime, Guest Issues, Labor Issues, Liability, Management And Ownership, Privacy, Risk Management, Technology

Hospitality Industry Guest Security Risks: California Hotel Rooms Targeted By Thieves As Guests Leave "Patio Doors Open During Nice Weather"

“…(thieves) targeted first-floor Hotel Zoso rooms with open patio doors and took electronics, money and credit cards that were left out in the open…timing it so all the tourists were going to dinner and leaving their patio sliders open because the weather was nice…”

Most of the desert’s 17,000 hotel and motel rooms are expected to be filled from mid-January to early May as season kicks into high gear, leaving the door open for petty thieves to attack.

A number of people fell victim to a Palm Springs hotel burglary spree from April to November because they made two errors that police want current visitors to avoid.

He said eight of the 14 thefts were in October when temperatures were higher and guests left their doors open.

Visitors may not want to keep doors ajar now because of cooler weather, but simply having more people in town increases the amount of potential burglary targets, officials say.

Kazen suggested travelers lock all doors, hide property and be aware of their surroundings to ensure their safety. “They’re just kind of common sense things,” he said.

But they’re also steps that Howard Bianco learned to follow the hard way about five years ago.

The 48-year-old Indio man stayed at a Best Western Inn near Los Angeles International Airport and left his curtain open as he stepped out for dinner one night.

“Someone looked in, saw my iPod and camera, and, long story short, I found the door bashed in and they were gone,” he said. “Never saw them again.” The experience taught Bianco to be more discreet when staying in hotels. He encourages others to do the same, he said.

 In the case of the Hotel Zoso burglaries, the thefts appeared to be crimes of opportunity where the suspect took items from open rooms he came upon by chance.

After climbing over a front wall, Thompson entered first-floor rooms, flipped security latches in case occupants tried to enter from the hallway and took whatever he found, Kovaleff said.

“Stuff small enough to carry,” the sergeant said. “He was in and out.”

Thompson was arrested Nov. 11 after police set up a sting at the hotel. As two officers hid in the bathroom, the suspect entered a room through an unlocked patio door.

For more:  http://www.mydesert.com/article/20120103/NEWS0801/201030305/Hotel-season-can-also-bring-out-some-burglars?odyssey=tab%7Ctopnews%7Ctext%7CFrontpage

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Filed under Guest Issues, Liability, Maintenance, Management And Ownership, Privacy, Risk Management, Theft

Hospitality Industry Guest Security Risks: Denver Hotel's "Room Key System" Malfunctions Locking Guests Out Of Rooms For Three Hours

“Shortly after midnight on New Year’s Eve, the hotel experienced a malfunction of the electronic room lock system. Once we became aware of the situation, we contacted the manufacturer of the system who provided technical support…”

Due to the inconvenience, the hotel gave guests refunds for the room.

Guests at the 628-room Denver Tech Center Marriott were locked out of their rooms when the clock struck midnight New Years. A room key malfunction kept guests out of their rooms from midnight until about 3 a.m.

Crowds of people packed into the lobby hoping to get key cards that worked. Others went to sleep in hallways. Hotel guests say it got pretty wild. “It was like a madhouse in there. It was crazy. I thought riots were going to start,” said Kyle Novak.

Denver Police say an officer called for assistance around 12:40 after a large disturbance in the parking lot. There were numerous reports of assaults and property damage.

In response to the incident Jennifer Atkins, the hotel’s general manager released the following statement.

 “We are sorry for the inconvenience this caused and are providing the night’s lodging free of charge to all registered guests. We will continue to work closely with the manufacturer of the lock system to better understand what may have caused the malfunction and will do what we can to prevent a similar malfunction from happening in the future.”

For more:  http://www.kwgn.com/news/kdvr-nye-guests-locked-out-of-denver-marriott-201211,0,7988711.story

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Filed under Guest Issues, Liability, Maintenance, Management And Ownership, Privacy, Technology