Category Archives: Liability

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

P3 Hospitality Industry Risk Report: "Hotel Cold Weather Checklist" Presented By Risk Manager Joe Fisco Of Petra Risk Solutions (Video)

[youtube=http://www.youtube.com/watch?v=zMr9bfhZ3Z4]

Petra Risk Solutions’ Risk Manager, Joe Fisco, offers a P3 Hospitality Risk Report – ‘Hotel Cold Weather Checklist’. 

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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Filed under Insurance, Liability, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Risks: New York Hotel Found Guilty Of Fostering A "Hostile Environment" For A Black Employee In Racial Discrimination Lawsuit

“…He was the only black employee in that department, the suit said, and several other mechanics and supervisors frequently used a racial epithet when he was around, apparently in an effort to cause him discomfort…The suit contended the hotel’s management at favored white and Hispanic workers over African-Americans…”

On Friday a jury, after issuing a verdict in Mr. MacMillan’s favor, awarded him $125,000 in compensatory damages and $1 million in punitive damages.

Freddrick MacMillan, who has worked at the hotel in various capacities since 1990, sued in Federal District Court in Manhattan in 2009, saying he had been subjected to a hostile environment.

 Mr. MacMillan, who is African-American, said several co-workers habitually referred to him as “boy” and used a racial epithet, and one of them used a noose to hang a doll with a black face from a bulletin board in a supervisor’s office.

For more:  http://cityroom.blogs.nytimes.com/2011/12/16/millennium-hotel-loses-racial-harassment-suit/

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

Hospitality Industry Employee Risks: "Introduction To California's Workers' Compensation System" (Video)

[youtube=http://www.youtube.com/watch?v=2udxkhH24Cc]

Learning the rights of an injured worker under California’s workers’ compensation system. This video follows several workers’ compensation case scenarios and provides basic information and resources for obtaining further assistance and/or information.

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Filed under Health, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Alcohol Risks: Hotels And Restaurants Hosting "Office Parties And Charity Events" Need To Insure Against "Liquor Liability"

“…office parties and charity events…can provide opportunities for professionals to mingle casually with their co-workers and clients and can help boost employee morale…(but) they can also prove to be a liability for businesses that serve alcohol…”

“…when business owners host a holiday party and serve alcohol as part of the festivities, liquor liability would most likely be covered by their commercial general liability (CGL) policy…”

 “…In addition to a CGL policy, businesses should also consider purchasing an Employment Practices Liability Insurance (EPLI) policy. An EPLI policy will protect a business from discrimination, sexual harassment, emotional distress, and other workplace-related issues…”

  • Forty-four states plus the District of Columbia have enacted liquor liability laws
  • These laws make it possible for a plaintiff to hold those who serve alcohol to an intoxicated or underage person responsible for any damage or injury caused by these same individuals after they leave the party
  • Most of these laws also offer an injured person, such as the victim of a drunk driver, a method to sue the person who served the alcohol
  • There are circumstances under these same state laws where criminal charges may also apply
  • Liquor liability laws were intended originally to apply to taverns, bars, and other establishments selling and serving alcohol

However, the liability laws have expanded over time to include “social hosts” (such as those holding a holiday party in their home or business) in some states giving them some exposure to the risk of liability for serving alcohol.

“If you are throwing an office party where alcohol is served, you have a responsibility to make sure that your employees are capable of driving safely.”

For more:  http://insurancenewsnet.com/article.aspx?id=319206

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Filed under Guest Issues, Health, Injuries, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Employment Risks: California Hotels Must Have Comprehensive Corporate Policies To "Manage" Independent Contractors To Avoid "Steep Penalties" For "Willfully Misclassifying Employees"

On October 9, 2011, Governor Jerry Brown signed California Senate Bill 459 (“SB 459”), which adds sections 226.8 and 2753 to the California Labor Code. SB 459, effective January 1, 2012, imposes steep penalties on employers who willfully misclassify employees.

In light of federal initiatives and California’s enactment of SB 459, hospitality employers should consider taking various steps to evaluate their existing independent contractor relationships:

  • Develop and publish a corporate policy on the engagement of independent contractors and the management of those relationships. As part of this policy, require that approval be obtained from a knowledgeable employee before any independent contractor relationship is established.
  • Train employees who manage independent contractor agreements as to how to work with independent contractor relationships.
  • Ensure that the company has a well-written independent contractor agreement for each contractor, that it is accurate, complete, and individually negotiated.
  • Audit the company’s independent contractor relationships, including a review of any past decisions or determinations concerning independent contractor status.
  • Obtain a written legal opinion from counsel regarding the appropriateness of the classification of workers as independent contractors, based on counsel’s understanding of the specific factual situations at issue.

For more:  http://www.seyfarth.com/publications/Five-Key-Labor-And-Employment-Issues-Hospitality-Employers-Need-To-Be-Aware-Of

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

Hospitality Industry Health Risks: "Bed Bugs" Have Become Increasingly "Resistant To Chemicals" Used To Treat Hotel Infestations

These mostly nocturnal feeders are difficult to control, not only because they are adept at avoiding detection by crawling into creases of soft furnishing but also because they have developed a resistance to many of the chemicals that have been used to kill them.

Exposure to treated bed nets and linens meant that populations of bed-bugs had become resistant to the chemicals used to kill them, researchers said. The findings could help convince pest controllers to find alternative remedies to deal with the problem.

Since almost vanishing from homes in industrialised countries in the 1950s, populations of the common bed-bug have become re-established in these regions over the past decade or so.

Findings presented at the gathering in Philadelphia showed that 90% of 66 populations sampled from 21 US states were resistant to a group of insecticides, known as pyrethroids, commonly used to kill unwanted bugs and flies.

One of the co-authors – evolutionary biologist Warren Booth, from North Caroline State University in Raleigh – explained that the genetic evidence he and his colleagues had collected showed that the bed-bugs infecting households in the US and Canada in the last decade were not domestic bed bugs, but imports.

For more:  http://ehotelier.com/hospitality-news/item.php?id=22337_0_11_0_C

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Filed under Guest Issues, Health, Insurance, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Food Safety: "Top Restaurant In America" Fails Inspection By Chicago's "Food Protection Division"; Results Posted On New "Online Reporting System"

“…the most common infraction is improper food temperatures…what’s important is how quickly they are corrected…”

Beginning this November the City of Chicago made it easy for residents to check in on the health and safety record of their favorite restaurants with a robust and detailed web site. At the end of November a surprising entry showed up on the city’s newly launched site: the Michelin-starred Alinea restaurant failed a November 30 inspection.(Full disclosure, their four violations were immediately corrected.)

CLICK ON "CHICAGO" TO VIEW INSPECTIONS WEBSITE

Alinea is often referred to as the best restaurant in America, and its chef, Grant Achatz, draws rock star acclaim for his culinary inventiveness.

But it’s not immune to heatlh department inspections. According to the report on Cityofchicago.org, Alinea was less than stellar on its food safety to close the month of November. No one from Alinea was available for comment by press time.

  • Inspectors observed black mold growing on interior surfaces of the ice machine.
  • Inspectors observed employees failing to properly wash hands.
  • Inspectors observed hazardous food storage of purple cabbage and potato soup.

 All of the items in the November 30 report were corrected immediately, according to Public Health Commissioner Bechara Choucair.

That’s the benefit of the new city website, however. In the past, restaurants who failed inspection were listed on a pass/fail basis. The new web site allows users to dive into information and find out exactly what violations face the restaurant.

Source: http://www.nbcchicago.com/news/health/City-of-Chicago-Health-Departments-Online-List-Exposes-Alinea-135875908.html#ixzz1hBJvbBFy

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Filed under Food Illnesses, Guest Issues, Health, Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Employee Risks: Tennessee Hotels Fined By Department Of Labor For "Fair Labor Standards Act" Minimum Wage Violations

“…Violations included charging excessive room and board to employees who also lived at a property or paying housekeepers by the room cleaned, resulting in a person’s pay falling below the $7.25 minimumwage; paying “straight time” for all hours worked, including overtime; and failing to pay for all hours worked by temporary employees…”

The U.S. Department of Labor said Wednesday that 35 franchised hotels and motels, including 11 in Middle Tennessee, violated minimum wage, overtime and other labor laws during the fiscal year ended Sept. 30. The agency said it fined those businesses a cumulative $14,552 and recovered more than $173,000 in wages owed to 283 employees.

Some hotel and motel operators also misclassified employees as independent contractors, denying them legal protections under federal labor laws, the agency said.

The citations and fines are part of a multiyear enforcement initiative focusing on Tennessee’s hotel and motel industry, in which regulators have “found widespread noncompliance with the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act,” the agency said in a news release.

For more:  http://www.tennessean.com/article/20111215/BUSINESS01/312150046/U-S-Labor-fines-11-Middle-TN-hotels-wage-violations?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

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