Author Archives: Ida

by | April 17, 2013 · 7:22 am

Hospitality Industry Legal Risks: Hotel And Restaurant Hiring Policies Must Be Neutral On Employee “Sex Stereoyping”; EEOC To Enforce “Broad Definition Of Sex Discrimination”

The EEOC Title VII effort to protect LGBT (Lesbian, Gay, Bisexual and Transgender) workers relies on a broad definition of sex discrimination, treating harassment and discrimination claims under a “sex stereotyping” theory…The EEOC’s new emphasis on LGBT protections will shape its EEOCfuture en­­force­­ment and litigation against private employers, especially in states that don’t protect gender identity or sexual orientation. Expect the EEOC to educate the LGBT community about its recent rulings. Also expect more charges and more vigorous investigations…Make sure your policies are neutral with regard to sexual orientation, gender identity and expression, and prohibit harassment based on sexual preference, gender stereotypes or intolerance.

Federal law doesn’t prohibit discrimination against lesbian, gay, bisexual and transgender (LGBT) workers. Instead, LGBT protections are a varied patchwork of judicial and agency interpretations and state and local laws that make discrimination actionable only under specific circumstances. LGBT workers continue to face employment discrimination with relatively few legal protections.

In response, the EEOC has begun an effort to protect LGBT workers’ rights by broadly interpreting Title VII of the Civil Rights Act of 1964. The EEOC’s newly released Strategic Enforcement Plan for 2013-2016 lists “coverage of lesbian, gay, bisexual and transgender individuals under Title VII” as one of its top six national en­­forcement priorities. Expect the EEOC to take significant enforcement actions soon and litigate issues more aggressively.

No national law explicitly bans workplace discrimination based on sexual orientation or gender identity. Title VII’s language only protects individuals on the basis of “race, color, religion, sex, or natural origin.” LGBT advocates have tried to amend Title VII to add sexual orientation, expression and identity, but have consistently failed.

For more:  http://www.businessmanagementdaily.com/35121/eeoc-steps-up-efforts-to-protect-against-lgbt-bias-harassment

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by | April 16, 2013 · 5:36 am

Hospitality Industry Health Insurance Solutions: Large Hotel Group “Incentivizing Employees” To Complete Risk Assessments And Increase Activities As Part Of Wellness Program

“…Company executives started by incentivizing employees to complete a risk assessment at no cost to them, and they would receive $50 for their trouble. Approximately 70% of employees participated in the program…(the company) added additional incentives to its wellness program such health insurance nationalas having employees voluntarily pick three activities to improve health. Activities included joining a nutritional plan such as Weight Watchers, joining a fitness club, joining a group exercise plan, getting a dental exam or telephone coaching…”

One of the leaders in addressing the future of health care in the hospitality industry is Loews Corporation. Beginning in 2007, Loews looked at how to improve employee health as part of a self-insurance program. The company saw the benefits of a healthier workforce not only costing Loews less for medical care but also fewer sick days on the job.

With this initial success, Loews increased the incentive to $200 the next year but required employees to agree to a telephone coaching program regarding their health. The participation level dropped to 22%. After walking around talking to employees, executives figured out that employees wanted to hear it from their own doctor. So, the program was adjusted and saw the participation rate increase dramatically. Now, employees go to their doctor to get a preventive exam and do a biometric screening.

Next year, in conjunction with ACA, Loews will remove the direct incentive but will have a two-tiered health plan where if employees have an annual biometric exam with their doctor and select three approved healthy activities to participate in, they will qualify for a lower cost plan. If not, the employee will have a health-care plan with a higher premium as required by their plan administrator.

The hope is that employees will become engaged in wellness activities, choose healthy living habits and help contain health-care costs below the Cadillac tax limit. If for any reason this does not happen, Loews employees have been brought into the discussion that the option of increasing the portion employees pay for their health-care premium, currently set at a low level, may become the only alternative. That’s a real incentive, and innovation at work.

For more:  http://www.hotelnewsnow.com/Articles.aspx/10292/Wellness-programs-mitigate-health-care-costs

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by | April 15, 2013 · 7:24 am

Hospitality Industry Employee Solutions: Hotels Benefit From Hiring Workers With “High Levels Of Energy” With Potential For Advancement

“…there are managers at the Clevelander who started as servers. Many of the employees are considered part of the marketing team because they Hotel Employee Satisfactionhelp market the brand and promote products and services. They do so in the way they look, what they wear and how they interact with guests…You need more skills than you used to…years ago you said, ‘Here’s a mop and a bucket.’ Now there is a lot more detail to every job—even targeted chemicals for cleaning. There is better awareness of load lifting because it’s tougher to pick up a thick pillow foam mattress; and housekeepers have to make sure TVs are functioning…”

Geoffrey Mills, managing director of the Crowne Plaza Times Square and chair of the Hotel Association of New York City, said that while half his workforce is 45 years or older, there is only 3% to 4% annual turnover. The biggest challenge for hoteliers, Mills said, is the cost of operations. “We are trying to tighten employee costs,” he said.

Vijay Dandapani, president and COO of Apple Core Hotels, which has five limited-service properties in Manhattan, said it’s more difficult to find entry level jobs in limited service. “But we do represent the potential for advancement,” he said. “We have three people who came in at entry level and are now GMs.”

Costs also are an issue for Dandapani, who said that his real estate taxes are up 100% in the past few years. All of his employees are unionized, he said, adding: “All hotel employees around the world want to be here because of our respect for property rights and the city’s safety.”

At the non-union Clevelander in South Beach, Florida, turnover is an issue because many associates are in college.

“We try to be as flexible as possible with their scheduling, but there is still 56% turnover,” said Annie Borges, director of human resources for the 60-room hotel, which is heavily driven by its food-and-beverage revenue.

“We hire the smile and train the skill,” she said. “You can’t teach people to be nice, but you can teach them to make the bed. They have to be happy and have a high level of energy.”

Borges said that she has worked in hospitality HR in Miami for nearly 20 years and there is always talk of pending unions.

“But they never come to fruition. Perhaps because we aim to establish a pro-employee type of environment,” she said. “The only union hotel on the beach is the Fontainebleau.”

For more:  http://www.hotelnewsnow.com/Articles.aspx/10290/Outside-issues-create-labor-situations

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by | April 14, 2013 · 6:56 am

Hospitality Industry Employment Risks: North Carolina Restaurant Franchisee Faces “Civil Contempt” Charges For Breach Of EEOC “Sexual Harassment Lawsuit” Settlement

“…an 18-year-old female employee was being sexually harassed by a male coworker who talked to her about his sex life in addition to making EEOCsexual gestures toward her…the suit goes on to claim that the female worker was fired after police went to the restaurant to investigate her complaint…The decree required the company to pay $17,500 in relief to the female employee in addition to establishing or enforcing policies against sexual discrimination and retaliation for reporting sexual harassment…”

A franchisee operating the Dairy Queen restaurant in Winston-Salem’s Hanes Mall is being held in civil contempt by a federal judge because it breached terms of an agreement resolving a sexual harassment lawsuit, according to the Winston-Salem Journal. In December 2011, the agency filed a lawsuit against YS&J Enterprises Inc. in U.S. District Court for the Middle District of North Carolina.

Back pay and monetary damages were sought in the suit.

According to the Journal, the company entered into a consent degree with the EEOC, which was signed by Judge James Beaty in October.

For more:  http://myfox8.com/2013/04/13/dairy-queen-at-hanes-mall-held-in-contempt-over-harassment-suit/

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by | April 13, 2013 · 7:24 am

Hospitality Industry Property Risks: Tennessee Motel Fire “Driven By High Winds” To Attic And Roof; Results In $550,000 Of Damage To Twenty Rooms

Motel Fire“…Firefighters tried to cut the roof to keep the fire from spreading, but that effort failed…The Clinton Fire Department report estimated property losses at $300,000 and damage to contents at $250,000…”

A Thursday afternoon fire at the Motel 6 in Clinton that apparently spread from a mulch bed outside the building to the roof and attic damaged at least 20 rooms and caused an estimated $550,000 damage, authorities said.

The flames went up the side of the building and, driven by high winds, made it to the attic, where the fire burned through the roof, WYSH Radio in Clinton reported. Officials said at least 20 rooms were damaged by fire, and a large part of the rest of the building received smoke and water damage.

Firefighters used a ladder truck to spray water on the fire, and utility workers were called in to turn off power, natural gas, and hotel water.  The American Red Cross responded to help the people staying at the hotel, which is owned by Rocky Daya of Clinton, the report said.

For more:  http://oakridgetoday.com/2013/04/12/motel-6-fire-in-clinton-causes-estimated-550000-in-damages/

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by | April 12, 2013 · 6:38 am

Hospitality Industry Theft Risks: East Coast Hotels Victimized By Man Who “Skipped Out On Hotel Bills” While Posing As Corporate Employee; $60,000 For A Presidential Suite

“…housekeepers found paperwork in the room belonging to (defendant)…a Residence Inn employee told police she received a call from Hotel Theft By DeceptionSerra in which he stated he would pay the bill if the Residence Inn would sign a waiver promising not to charge him with any crime. No agreement was made…Police then were notified the Residence Inn received an email from someone claiming to be a Raytheon employee, stating Serra would be staying there for 15 nights. The email address was identical to the one used in Serra’s February stay, police said…”

A Lowell man is accused of skipping out on bills in upscale hotels in seven states, running up charges while posing as an employee of major corporations.

In one case, prosecutors allege that in March, Michael Serra ran up a $60,000 bill for a stay in the presidential suite at the Ritz-Carlton in Boston under the name Dennis Colling. Serra allegedly said he worked for Citigroup, but does not.

When confronted by Tewksbury police and a U.S. Secret Service agent, Serra allegedly confessed to committing crimes up and down the East Coast for two to three years. The Residence Inn at 1775 Andover St., Tewksbury, reported that a person named Carter Whitmore, who represented himself as a Raytheon employee, skipped out on a $6,349 bill in February. Court documents state that Raytheon refused to pay for the room because it had no employee by that name.

For more:  http://www.lowellsun.com/local/ci_23010643/city-man-held-hotel-fraud

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by | April 11, 2013 · 6:34 am

Hospitality Industry Legal Risks: New York Restaurant And Caterer Sued For “Retaining 20% Service Personnel Charge”; Seeking Class-Action Status For More Than $1 Million In Tips

“…(the complaint states) a ‘reasonable customer’ would have believed the surcharge to be a gratuity…if customers asked if the waiters and waitresses got tips, they were ordered ‘to respond, as instructed by defendants, that they did receive tips’…(the Hospitality Industry Wage Violation Lawsuitsdefendants) knowing or intentional demand for, acceptance of, and/or retention of the mandatory charges paid by customers when contracting with defendants, when such customers were led to believe that such mandatory charges would be paid to plaintiff, defendants have willfully violated New York law…(plaintiffs) seek class certification, restitution of the tips, and costs…”

A class action claims an upstate New York restaurant and caterer cheated its workers out of more than $1 million in tips.

The defendants added a 20 percent “service personnel charge” to all its banquet hall bills, but servers never saw dime one of it, lead plaintiff Ryan Picard claims in Albany County Supreme Court.

Picard claims the family-owned businesses ran the game for 6 years, at the expense of more than 100 workers.  Named as defendants are six entities associated with the Mallozzi family of suburban Schenectady, who operate bakery, restaurant, hotel and catering businesses in Albany and Schenectady counties.

For more:  http://www.courthousenews.com/2013/04/11/56574.htm

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by | April 10, 2013 · 8:20 am

Hospitality Industry Health Risks: Hotel And Restaurant Food Handlers Are The Major Source Of Reported “Foodborne Hepatitis A Outbreaks”; Improved Hygiene And Preventive Vaccinations Lower Virus Transmission

“…the source of most reported foodborne hepatitis A outbreaks had involved infected food handlers, such as those Hepatitis A in Hospitality Industryin restaurants or those who prepare food for social events such as weddings…(workers) who have had possible exposure to Hepatitis A and get the necessary shots within 2 weeks of exposure…will have long-term protection against the virus… people infected with the virus are the most infectious two weeks before they actually become ill (and) can be passing the disease on to other people without even knowing they have it…”

What could be better than dining with friends or family at a popular upscale candlelit restaurant in New York City — a restaurant with an “A” sanitation grade from the city’s Department of Health and Mental Hygiene?

While that’s how the story began for many of the people who ate at Alta restaurant in the West Village from March 23 to April 2, it ended with the jolting news that if they had had dessert during that time period, they should get a shot (and another one 6 months later) to protect themselves against hepatitis A.

The restaurant’s manager, Manny Solano, told reporters that a pastry chef who had traveled to Mexico discovered she had hepatitis A after going to a doctor because she wasn’t feeling well. It turned out she had contracted the virus during her trip south of the border. In the case of a restaurant employee, hepatitis A can be spread to food or surfaces — and from there to people dining or working at the restaurant — if the worker doesn’t follow basic hygiene practices, chief among them washing his or her hands after going to the bathroom.

And while most food handlers with hepatitis A do not transmit the virus to fellow workers or restaurant patrons (based on surveillance data), many hundreds of restaurant workers have hepatitis A every year, according to the article.

The article concludes by saying that reducing foodborne transmission of the virus can be achieved by improving food production and food handler hygiene and by providing preventive vaccinations to people at risk for infection.

For more:  http://www.foodsafetynews.com/2013/04/dessert-followed-by-a-hepatitis-a-shot/#.UWWNA0nn9et

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by | April 9, 2013 · 6:37 am

Hospitality Industry Health Solutions: Hotel And Restaurant Kitchen Cleanliness Reflects Employees’ “Commitment To Businesses’ Success”

“…the cleanliness of a kitchen is an indicator of workplace culture and the commitment of your employees to contribute to enterprise success Hospitality Industry Kitchen Cleanlinessand value. If you see it getting  messy, you may have underlying problems that need to be addressed immediately…if (employees) are not washing the kitchen in the workplace, it means that they see  themselves more as renters than as owners. It means that they feel transitory,  that they’re passing through. They don’t have a real psychological contract with  the company, space, workplace. That’s a problem.”
So stop what you’re doing and deal with the problem…”

One of the best ways to predict the quality of meals and service at a  restaurant is to examine the restroom. Restrooms — including toilets, tiles and washbasins — are among the  easiest rooms to clean. If a restaurant staff can’t keep the restroom clean,  then you can be sure that the kitchen will be worse. It doesn’t matter if it’s a  fancy, upscale restaurant or simple diner.

Messy kitchens tend to breed foodborne pathogens, poor quality food and  indifference to customers. Conversely, clean kitchens reflect healthiness,  passion for quality and desire to delight customers. That’s why the world’s best  kitchen staffs — even many quick-serve restaurants — consider organization and  technique the foundation of everything else.

Read more: http://www.mediapost.com/publications/article/197645/what-workplace-kitchens-say-about-the-health-of-yo.html#ixzz2PyRj0cDc

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by | April 8, 2013 · 6:27 am

Hospitality Industry Property Risks: New Jersey Restaurant Fire Caused By “Discarded Cigarette” In Flowerbed; Damage To Exterior Walls And Walk-In Refrigerator Forces Closure

“…a lit cigarette discarded in the mulch of a flowerbed outside the building caused the fire…the fire caught hold of Styrofoam, which was used as Restaurant Firebacking for part of the building’s exterior, travelled up the wall, and moved to the wood beams in the ceiling and window openings…The restaurant has been closed until proper repairs can be made and inspected by town officials…”

A discarded cigarette started a fire that has closed Fuddruckers restaurant, authorities said. Firefighters found heavy smoke inside a walk-in refrigerator and a “moderate” fire inside walls and the ceiling of the building Sunday at about 4 p.m., said Steven Toth, fire commissioner.

Fire crews had to open interior and exterior walls to battle the blaze, Toth said. All “visible flames” were knocked down 30 minutes after firefighters arrived on scene.

For more:  http://wayne.patch.com/articles/discarded-cigarette-causes-fire-that-closes-fuddruckers

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