Author Archives: Ida

by | March 9, 2012 · 7:15 am

Hospitality Industry Legal Risks: California Hotel Owner Charged With "Insurance Fraud" Over False Workers' Compensation Records

“…accusations that he dissuaded an employee from seeking workers’ compensation after a work injury and making false claims. The charges against him include two counts of insurance fraud, failure to maintain workers’ compensation insurance and passing bad checks…”

“…accused of paying approximately $890,000 less than he should have over a four-year period,,,”

The trial date for the owner of the troubled Brookdale Inn & Spa has been postponed because the District Attorney’s Office has filed more charges. Sanjiv Kakkar originally was scheduled to begin trial March 12 on accusations that he dissuaded an employee from seeking workers’ compensation after a work injury and making false claims. The charges against him include two counts of insurance fraud, failure to maintain workers’ compensation insurance and passing bad checks, according to Kelly Walker, a prosecutor with the Santa Cruz County District Attorney’s Office.

Walker has just filed new insurance fraud charges against Kakkar and his wife, Neelam Kakkar, pertaining to insurance premiums. Kakkar is accused of providing false wage information to insurance companies to obtain lower premiums. In other words, he “grossly understated” the amount of payroll he was paying to his employees. He stands accused of paying approximately $890,000 less than he should have over a four-year period, according to Walker.

For more:  http://www.mercurynews.com/breaking-news/ci_20133381/das-office-files-more-insurance-fraud-charges-against

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by | March 8, 2012 · 1:17 am

Hospitality Industry Fire Risks: "Fire Safe Hotels" Are Listed On FEMA "Hotel-Motel National Master List"

CLICK ON "HOTEL" TO VISIT NATIONAL FIRE SAFE HOTEL SITE

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by | March 7, 2012 · 1:46 am

Hospitality Industry Employment Risks: Hotel Management Compliance Audits Can Expose Potential Labor Department "Wage And Hour Division" Violations

• Make sure nonexempt employees are paid the required minimum wage. The current federal rate is $7.25 per hour (some jurisdictions require a higher rate).  Review deductions to ensure that they do not cut employees’ pay below the minimum wage.
• Be certain nonexempt employees are paid the required overtime. Ensure that all bonuses, shift differentials, service charges and other payments are properly included in computing overtime and that deductions do not improperly cut into overtime pay. 
• Pay special attention to whether nonexempt employees accurately record all worktime. Nonexempt employees must record pre- and post-shift work; shift-change overlap; opening or closing activities; compensable training time, meeting time, “on-call” work; and time spent doing work at home. Employees must record meal time and other non-compensable break time, and they must be paid when they do not take that time off. 
• Be sure that all “exempt” employees meet the requirements for exemption. Review the criteria defining who may be treated as exempt from the Fair Labor Standard Act’s minimum-wage and/or overtime requirements. “Salaried” employees are not necessarily exempt. Certain positions such as sous chefs and sales managers are vulnerable to challenge. 
• Make certain that exempt employees are paid on a salary basis. The most common FLSA exemptions require that such employees be paid on a “salary basis” and thus receive a fixed, predetermined amount for every workweek in which the employee performs any work, without regard to the number of days or hours worked or the quality of work. Salary deductions are very limited. 
• Strictly comply with child-labor restrictions. There is an age 16 limit for general occupations and an age 18 limit for occupations declared “hazardous” by the U.S. Secretary of Labor. 14 and 15 year olds may be employed in limited occupations, within strict hours and times of day limitations. Identify every employee who is 16 or 17, verify his or her age and exact duties. Identify every employee under 16, verify his or her age, exact duties and hours and times of work.
• Comply with all state and local wage-hour requirements. The FLSA does not preempt tougher state or local provisions. These other laws might include a higher minimum wage; daily overtime; minimum pay for reporting to work; more rigorous child-labor limitations; prohibitions on wage deductions; and time limits for paying employees who resign or are fired.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7679/Government-audits-Get-your-house-in-order

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by | March 6, 2012 · 1:22 am

Hospitality Industry Security Risks: New York Hotel Suffers Thousands Of Dollars In Damage From Group At Guest Room Party; Surveillance Video Critical To Finding Vandals

 “…a group at a party in a room at the Towne Plaza Suites on Holland Avenue is suspected of ripping off wall lights, breaking ceiling tiles and ceiling lights, discharging fire extinguishers and spraying a can of Mace in the third floor hallway…”

Vandals caused several thousand dollars worth of damage to an Albany hotel early Sunday morning. Mace got into the hotel’s ventilation system so the second and third floors had to be evacuated and ventilated, police said in a news release.

Hotel staff members believe the vandals are associated with an Albany man who rented a third fl oor room at the hotel. Police received a call from hotel staff about the incident at 1:15 a.m. Sunday, but when they arrived at the hotel all of the partygoers had already left through the back door.

Surveillance video will be examined to see if any of the vandals can be identified.

For more:  http://www.dailygazette.com/news/2012/mar/05/0305_vanals/

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by | March 5, 2012 · 8:43 am

Hospitality Industry Legal Risks: Illinois Hotel Sued For $75,000 By Woman Claiming Bartender Drugged And Sexually Assaulted Her

“…The bartender got a key to the woman’s room from the front desk staff and sexually assaulted her as she was passed out in the room, according to the lawsuit…”

“…The suit names the hotel as the defendant, claiming the staff was negligent in allowing the bartender access to the woman’s room. The suit seeks payment in excess of $75,000 plus the cost of court fees…”

A Virginia woman filed a lawsuit against a Lisle hotel claiming a bartender drugged her drink and later sneaked into her room with the help of a front desk clerk and sexually assaulted her.

The lawsuit, which was filed in federal court Wednesday, claims a 31-year-old bartender slipped a date-rape drug into the woman’s drink while she was at the Lisle-Naperville Hilton on Oct. 27. The woman began to feel ill at around 1:30 or 2 p.m. and went up to her room before her food had arrived at the hotel bar, said her attorney Jeffrey Deutschman.

For more:  http://www.dailyherald.com/article/20120229/news/702299617/

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by | March 4, 2012 · 7:39 am

Hospitality Industry Employee Risks: Labor Department Orders South Dakota Hotel To "Pay Back 72 Foreign Workers" For "Impermissible Recruitment Fees"

“…since 2009 Labor Department rules have required businesses to agree it “has contractually forbidden any foreign labor contractor or recruiter whom the employer engages in international recruitment of H-2B workers to seek or receive payments from prospective employees.”

“…Global Employment Agency required impermissible payments from prospective employees from $530 to $1,500…”

The Labor Department announced it had ordered Custer State Park Resorts to pay back $93,000 to its 72 foreign workers hired for the 2010 tourism season. The payments covered impermissible recruitment fees and unpaid overtime. The department fined Custer State Park Resorts an additional $65,000 in civil penalties, which it is appealing. Each year, Custer State Park Resorts hires about 375 to 400 employees, with fewer each year being guest workers, Schmaltz said.

Schmaltz said the unpaid overtime resulted from confusion in the guest worker rules. The bulk of the Labor Department fine Schmaltz said – roughly $60,000 – is repayment for fees taken by Kaubisch.

“We relied too heavily on this vendor who was supposed to know the laws and regulations,” Schmaltz said. “We put too much faith into what Scott knew.”

Kaubisch said he charged the fees to workers “to take care of them.” He took phone calls at all hours, arranged rides and helped secure housing for guest workers. It wasn’t until the investigation last spring, Kaubisch said, that Labor Department officials told him collecting fees was illegal.

Read more: http://rapidcityjournal.com/news/employers-ordered-to-pay-back-foreign-staff/article_1eea0e92-65a9-11e1-886a-001871e3ce6c.html#ixzz1oA6hDlvr

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by | March 3, 2012 · 6:56 am

Hospitality Industry Social Media Risks: Hotel Management Faces Legal Issues With Regard To "Relationships" Of Employees Discovered On Facebook

While platforms such as Facebook and Twitter present new opportunities for training and engaging with employees, they also bring new challenges and wrinkles to the age-old workplace policies and practices…(such as)… two of your most exemplary employees who work the front desk..(who)… one day via a Facebook update… entered into a relationship despite your hotel’s strict policy against it…”

“…A user who posts something on Facebook without the proper security filters does so with no expectation of privacy…”

The above scenario was one of many social-media quandaries presented during a table-top summit Tuesday at the 6th Annual HR in Hospitality Conference & Expo.

In this situation, you could fire Johnny, according to Gregg Gilman, an attorney with New York-based Davis & Gilbert LLP. A user who posts something on Facebook without the proper security filters does so with no expectation of privacy, he said. Thus, you treat the case as if you discovered the illicit relationship in one of the “old-fashioned” ways, such as hearing about it from another employee or observing certain tip-offs. 

“You have this new medium, but the same old rules apply,” Gilman said. “… If you operate by those rules, you’re going to be OK.”

Robert Mellwig, VP of HR for Englewood, Colorado-based Destination Hotels, agreed. “We don’t want to get distracted around the technologies,” he said. “… It could easily happen in any other form.”

Where an employer might get into trouble is if they “friend” an employee on Facebook under false pretences for the sole purpose of uncovering activity that runs counter to workplace policy, Gilman said.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7665/Social-media-brings-new-legal-issues-to-hotels

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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 | March 1, 2012 · 1:24 am

Hospitality Industry Information Risks: Hotel's Store "Enormous Amounts Of Data" That Is Never Used; 100% At Risk And 0% Value

“…companies can go a long way toward reducing their exposure to significant losses resulting from a security breach by putting themselves on a “data diet…There is an enormous amount of information that we never use, but we never get rid of. It’s 100% risk and 0% value. As a risk manager, that’s the scariest equation you’re ever going to hear…”

While there is no way for companies to completely eliminate the risk of data breaches and cyber attacks, there are several steps they can take to reduce their potential financial and reputational losses, a panel of experts said Thursday at the third annual Business Insurance Risk Management Summit®in New York.

“The fact is that you’re going to be attacked. That’s the reality,” said Alan Brill, senior managing director of secure information services for New York-based Kroll Inc. A well-crafted cyber risk management program need not be wildly expensive or complex, Mr Kroll said, but should at least strive for “commercially reasonable levels” based on company size and industry.

For more:  http://www.businessinsurance.com/article/20120229/NEWS06/120229881?tags=|338|299|302|342|303|335

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by | February 29, 2012 · 8:01 am

Hospitality Industry Employment Risks: Hotel Management And Owners Must Have Firm And Comprehensive Policies For Hiring And Classifying New Employees

Hiring

Background checks are routine now, but one size does not fit all, explained Paul Wagner, shareholder of Ithaca, New York-based Stoke Roberts & Wagner. Know the different rules for each jurisdiction.

  • Beware of process and policy around background checks, where decisions might create discrimination issues related to U.S. Title VIII, or the Fair Housing Act, said David Sherwyn, professor at the Cornell University School, of Hotel Administration.
  • Ensure new hires don’t have restrictive covenants from prior employers, said Gregg Gilman, partner with New York-based law firm Davis & Gilbert LLP. Be sure to tell new hires explicitly, “We don’t’ want your former employers’ trade secrets.” “We’re seeing more and more of this kind of litigation,” Gilman said, adding it’s very expensive and disruptive to defend.

Classifications

 The U.S. Department of Labor’s definition of an independent contractor is not the only factor used in determining who is an employee. The courts use a more expansive test when determining who can file Title VII claims, which prohibits employment discrimination based on race, color, religion, sex and national origin, Sherwyn said. “The issue here is that people sometimes relax a little bit with contractors,” he said. Even if someone is not directly employed by your organization (i.e. a contractor) that person can still bring litigation against you.

  •  In light of increased enforcement by the DOL, companies should have protocols in place before classifying independent contractors, Gilman said. Have a written agreement stating the independent contractor is just that. And avoid the “perma-lancer,” or those permanent freelancers, who are more likely to be classified as regular employees, he said.
  • Self audit often, said Ilene Berman, a partner with Atlanta-based Taylor English Duma LLP. Annually review any exempt employee with “assistant” in the name as well as sous chefs and sales managers. Those are the positions most frequently targeted by plaintiff attorneys.
  • Check local and state laws because exempt in other states does not mean exempt in California, said Nancy Yaffe, partner with Los Angeles-based Fox Rothschild LLP. California is a different beast, she added. You have to analyze employee classifications on a continuous basis.

For more:  http://www.hotelnewsnow.com/Articles.aspx/7647/26-legal-tips-for-hotel-HR-professionals

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