Category Archives: Labor Issues

by | January 31, 2011 · 8:05 am

Food Industry Risks: New York Tortilla Factory Ordered To Shut Down After Employees' Death And Discovery That Owners Did Not Carry Workers' Compensation Insurance

The state Workers Compensation Board issued a stop-work order at the Williamsburg facility after learning the factory’s owner, Erasmo Ponce, was not offering workers’ compensation insurance to his employees.

A Brooklyn tortilla factory where a man was crushed when he fell into a dough mixer has been temporarily shuttered, state officials said Friday. Tortilleria Chinantla was not closed because of Juan Baten’s gruesome death, but his loss of life did lead investigators to the facility, officials said.

“The owner would need to get the insurance and pay fines before he is permitted to reopen,” said agency spokesman Brian Keegan.

The Occupational Safety and Health Administration and the state Department of Labor are investigating the deadly accident. Baten, 22, reached into the mixer early Monday and was sucked inside after his hand was snagged by one of its blades. The young father was killed instantly when a turbine broke his neck.

For more:  http://www.nydailynews.com/ny_local/brooklyn/2011/01/29/2011-01-29_feds_shutter_deadly_bklyn_tortilla_factory.html

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by | · 5:13 am

Hospitality Industry Guest And Employee Health: Studies Of "Smoke-Free" Law In Wisconsin Show "No Adverse Economic Effects"

 “This is excellent news for employers and employees in the hospitality industry,” says Gail Sumi, Wisconsin government relations director for the American Cancer Society.

“This study, like dozens of similar studies nationwide, offers more proof that going smoke-free does not pit business against health, but rather is a common sense health law that keeps workers and employers both physically and fiscally healthy.”

Wisconsin’s six-month-old smoke-free law seems to be working well, according to a new study of the experience of five cities by the University of Wisconsin.

The study – focusing on the effects of Wisconsin’s municipal smoke-free ordinances in Madison, Appleton, Eau Claire, Marshfield and Fond du Lac – found no adverse economic effects throughout the hospitality industry including bars and restaurants.

    Performed by the UW Carbone Cancer Center, the newly released 15-page study compared economic data between the five Wisconsin cities that enacted smoke-free ordinances before the statewide law took effect in July 2010 and similar cities where workplace smoking was still permitted.

    The results showed bars and restaurants in the smokefree cities continued to do well under the ordinances. In fact, in virtually every smokefree community the number of Class B alcohol licenses rose after the ordinances took effect and employment remained strong despite the recession.

Fore more:  http://newsofthenorth.net/article/Top_Stories/State_Headline_News/Smokefree_law_not_hurting_hospitality_industry_study_says/105786

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by | January 29, 2011 · 9:01 am

Hospitality Industry Employee Risks: New York Restaurant Employees "Secretly Tape" Owner And Supervisors And Claim Violation Of "Federal Labor Laws"

“These tapes and transcripts provide irrefutable proof that the Boathouse Restaurant has repeatedly violated federal labor laws,” said Peter Ward, president of Local 6 of the hotel and restaurant workers union.

Employees at the iconic Boathouse Restaurant in Central Park have been secretly taping their bosses.

Fed up with their treatment by management, dozens of waiters and dishwashers have been reporting to work for the past year armed with miniature cassette recorders and have taped hundreds of workplace conversations. Restaurant owner Dean Poll can be heard on several of the tapes warning his employees that if they vote for a union he “will go out of business.”

A dozen workers claimed Thursday in interviews with the Daily News that supervisors routinely threatened and retaliated against them for trying to organize a union.

On Tuesday, Poll suddenly dismissed 16 workers – all supporters of the union campaign.

The restaurant normally employs about 100 people in the winter and up to 200 during the spring and summer.

“They told us we were terminated because they have a new policy of bringing in agency workers,” said Francisco Labayen, a banquet waiter who regularly wore a wire to work.

Local 6 responded to those firings by formally petitioning for a union election Thursday to the National Labor Relations Board. Ward wants investigators from the federal agency to listen to the audiotapes for themselves and sanction Poll for a host of unfair labor practices.

For more:  http://www.nydailynews.com/ny_local/2011/01/28/2011-01-28_restaurant_staffs_tale_of_the_tape.html

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by | January 28, 2011 · 7:42 am

Hotel Industry Security Risks: Department Of Homeland Security's "If You See Something, Say Something" Campaign Promotes Training Hotel Employees And Managers To Report "Suspicious Situations" On Property (Video)

[youtube=http://www.youtube.com/watch?v=znBuKpuPb_Q]

How can your hotel ensure a sense of security and still offer a welcome and inviting environment for guests? A property’s front-line employees may well be the most crucial, yet often overlooked, element of effective hotel security.

Developed in partnership with international security experts, hospitality leaders, and the U.S. Department of Homeland Security’s “If You See Something, Say Somethingâ„¢” campaign, Eye on Awareness—Hotel Security and Anti-terrorism Training provides the skills and knowledge essential for hotel employees to recognize, report and react to suspicious situations at their property.

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by | January 14, 2011 · 12:34 pm

P3 Hospitality Risk Update: Hotel "Fire Alarm Pranks" (Video)

[youtube=http://www.youtube.com/watch?v=Ejj95mIBwU0]

Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Update – ‘Fire Alarm Pranks’. 

 P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

 For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

 

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by | January 5, 2011 · 6:38 pm

Hospitality Industry Health Insurance: Hotel Owners Should See Benefits In Providing Health Insurance For Employees As Studies Start To Analyze Data

Researchers at Cornell University in Ithaca, N.Y., said they have found that providing health insurance for workers increases job performance.

Researchers conducted a study reviewing six months of job data to see if providing insurance would affect “job anxiety, tardiness, absenteeism and overall task performance,” the university said in a release. They found only task performance was affected, but a parallel study that concerned workers with health insurance that also included mental health insurance showed a slight increase in job tardiness.

“We wanted to take a scientific look at whether having health insurance made a noticeable difference,” said Sean Way, assistant professor at the Cornell School of Hotel Administration and one of the authors of the study, titled “The Impact of Health Insurance on Employee Job Anxiety, Withdrawal Behaviors and Task Performance.”

Way called the study results that showed increased tardiness among workers provided with mental health insurance “puzzling.”

For more:   http://www.upi.com/Business_News/2011/01/05/Insurance-shown-to-help-work-performance/UPI-11801294259532/

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by | December 30, 2010 · 3:59 am

Hospitality Industry Employee Risks: Hotel Owners Should Maintain “Employment Practices Liability” Insurance Coverage For Wrongful Termination, Harassment And Discrimination Suits

EPL insurance policies protect businesses from the financial costs incurred from employment-related lawsuits filed for a range of reasons, from wrongful termination to harassment to discrimination and so on. More than half of claims are filed against small businesses…however, less than two percent of businesses with fewer than 50 employees purchase EPL insurance.

  • A recent Chubb survey found that 36 percent of private company executives understand the gravity of their exposure to EPL suits and 21 percent said they had an experience with an EPL suit in the last five years.
  • While every EPL policy is different, a company with $1 million in sales and 50 employees can likely get a policy for about $7,000 per year—$10,000 if they also take out coverage protecting directors and officers in the event of liability lawsuits against them personally.
  • The leading charge filed in discrimination cases is an allegation of racial discrimination, at 36 percent of cases, according to EEOC figures from 2009. Gender-based discrimination was alleged in 30 percent of cases.
  • Age-based claims made up 24 percent
  • Disabled claims tallied 23 percent.

In many cases, multiple allegations are made. One of the growing charges, according to the EEOC, is retaliation against employees for making discrimination claims, which can involve a job switch that the employee views as a demotion related to the initial claim.

“If you go to your supervisor and say you’ve been harassed by Joe, you can bring that claim to EEOC, but then if they decide to fire you or cut back your hours, that is the retaliation component,” says Tom Hams, Aon Risk Solutions’s EPL practice leader. “That retaliation component can survive much more than the allegation itself.” The employer may win on the allegation of whether or not you were discriminated against, but they may lose a case based on the retaliation claim for moving the complainant to a different job or office setting.

For more:  http://www.inc.com/guides/2010/12/how-to-reduce-employment-liability-claims_pagen_2.html#

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by | December 17, 2010 · 2:13 am

Hotel Industry Employee Management: Hotel Housekeepers Are “Vital To Success Of Any Hotel” And Refined Practices Will Improve Productivity While Reducing Budget

Housekeeping is vital to the success of any hotel. It will be worth the extra time and attention it takes to refine practices and enhance productivity. Improved housekeeping makes for a tighter overall operation, along with relief to your hotel’s budget.

  • Hire the right housekeepers.  People with certain personality types will not stay and clean rooms for long periods of time – not because they can’t or will do a poor job, but because they get bored. The housekeeping job can be monotonous. Use a personality test of some sort to hire the right people.
  • Have the chemical dispensers checked by your chemical company every time the company is on property. In addition to improving how the chemicals are dispensed, this will allow for cleaner linen as well as less discoloration (in case too much chlorine or other detergent is being used).
  • Combine job responsibilities within the housekeeping department to maximize productivity and avoid downtime.
  • Make sure that time allocated to clean rooms is respected. Be creative with long-term stays – maybe wash linens every three days, and provide a very quick (five-minute) service: change towels, empty trash cans, and move on.
  • Folding within the laundry department can be a time-consuming burden. The trick is to fold as little as possible since a housekeeper will immediately undo the work diligently done by the laundry attendant anyway. Sheets and large items can be laid down flat on a rolling cart and sent to a holding area for the next day.
  • Spend a great deal of time with this important department and become a mentor. A closer collaboration between management and housekeeping will have significant benefits for your hotel.

For more:  http://www.hotelnewsresource.com/article50864.html

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by | December 16, 2010 · 2:41 am

Hospitality Industry Employee Issues: California Hotel And General Manager Sued For “Retaliation For Reporting Sexual Harassment, Defamation And Wrongful Termination”

The Four Seasons’ former lead massage therapist alleged in a recent lawsuit that he was demoted after complaining that the hotel’s general manager was romantically involved with a masseuse and had sought favorable treatment for her.

John B. Henning said he was instructed in August 2009 to make sure that certain massage therapists were not paid more than a masseuse who “was engaging in a romantic relationship” with general manager Thomas Gurtner.

Henning said he refused to comply with the instructions and instead told the hotel’s assistant human resources director that Gurtner was favoring the woman. One month later, Henning alleged, he was demoted and “constructively terminated” from his job. Henning said a supervisor explained that the hotel wanted “to move forward with a more positive team.”

A spokeswoman for the 270-room resort hotel declined to comment.

The lawsuit, filed Friday in Los Angeles County Superior Court, seeks unspecified general and punitive damages, plus legal fees and other costs. It accuses the hotel of retaliation for reporting sexual harassment, defamation and wrongful termination.

For more:  http://latimesblogs.latimes.com/money_co/2010/12/sexual-harassment-four-seasons-hotel-westlake-village-massage-.html

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by | December 13, 2010 · 9:53 am

Hospitality Industry Employee Risks: Denver Hotel Forced To Pay $105,000 To Settle “Sex Discrimination” Suit Filed By “Equal Employment Opportunity Commission” (EEOC)

The suit alleged that the company denied an employee a promotion because of her gender, and “due to its discriminatory and stereotyped assumptions regarding [the worker’s] ability to do the job because of her status as a woman with young children.”

“Making assumptions about a woman’s ability to perform a job which are not grounded in fact, but instead on stereotyped assumptions about her inability to work long hours due to her child care responsibilities, is unlawful discrimination,” said EEOC Regional Attorney Mary Jo O’Neill.

The owner of Denver’s Brown Palace Hotel & Spa has agreed to pay $105,000 to settle a sex-discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission, the EEOC announced Wednesday.

The agency filed the suit on July 20 in U.S. District Court in Denver against Brown Palace owner Denver Hotel Management Co. Inc.

Discrimination based on a woman’s caregiver status is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, the EEOC said.

At the time the suit was filed, Marcel Pitton, the hotel’s managing director, said the agency’s allegations were “unfounded,” and no admission of guilt was announced Wednesday.

“The Brown Palace Hotel is an equal opportunity employer and maintains a workplace free of unlawful discrimination. We are proud of our diverse workforce and the talent of our staff in delivering exceptional hospitality,” Pitton said in a July statement.

According to an EEOC statement, Denver Hotel Management has agreed “to revamp its discrimination policies and conduct training for all of its employees to explain how stereotypes concerning a person’s family responsibilities can constitute illegal sex discrimination.”

Read more: Brown Palace owner settles EEOC suit | Denver Business Journal

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