Category Archives: Liability

by | July 24, 2010 · 10:19 am

Hotel Industry Health Insurance: Nevada Hotel Operator To Subsidize Medical Insurance For Part-Time Employees In Effort To Reduce Turnover

“We recognize the importance of medical insurance for our team members and their families,” Gordon R. Kanofsky, Ameristar’s chief executive officer, said in a written statement. “This is another way we can show team members we appreciate their commitment to delivering outstanding service to our guests.”

Ameristar Casinos, Inc. said Thursday it will begin subsidizing medical coverage for part-time employees after researching methods for reducing part-time employee turnover.

The company, which owns and operates Cactus Petes Resort Casino and the Horseshu Hotel & Casino in Jackpot, Nev., will pay one-half of the premiums for part-time employees working less than 30 hours per week and their dependents.

“We recognize the importance of medical insurance for our team members and their families,” Gordon R. Kanofsky, Ameristar’s chief executive officer, said in a written statement. “This is another way we can show team members we appreciate their commitment to delivering outstanding service to our guests.”

Ameristar hosted focus groups with part-time employees to gauge how effective the program will be, officials said. Employee feedback led to Ameristar’s decision to make the care plan available to all part-time team members.

For more:  http://insurancenewsnet.com/article.aspx?id=209821

Comments Off on Hotel Industry Health Insurance: Nevada Hotel Operator To Subsidize Medical Insurance For Part-Time Employees In Effort To Reduce Turnover

Filed under Health, Insurance, Labor Issues, Liability, Risk Management

Tagged as , , ,

by | July 23, 2010 · 5:53 am

Hospitality Industry Employees Risks: Hawaiian Hotels Violated State Law When Service Employees Not Given 100% Of Service Charges For Food And Beverage Service

“…The suit, filed by Turtle Bay employees in January 2009, claimed the resort violated a state law enacted in 2000 that requires hotels and restaurants to give 100% of service charges for food or beverage service entirely to employees – unless they tell customers that management’s keeping a portion, the Honolulu Star-Advertiser says…”

Employees of the Turtle Bay Resort on Oahu’s scenic North Shore won a $526,000 settlement  in a lawsuit over tips that had been split among workers and the company without customers knowing.

At least nine similar suits have been filed over the last two years against major Hawaii hotels, Brandee Faria – the Turtle Bay employees’ lawyer – tells the Star-Advertiser. And it’s not only the employees who are hiring lawyers.

Some of the suits were filed on behalf of hotel customers who thought they’d paid tips to staffers – not hotel management.

In a case against the Four Seasons hotels on Maui and the Big Island, the Star-Advertiser says that Hawaii Supreme Court in March ruled that hotel and restaurant employees may sue under the law.

The Turtle Bay settlement covers 130 employees who worked at the hotel between 2005 and 2009; the amount would mean $4,046 per employee if the settlement was shared equally, the story says. Settlement checks were mailed out recently.

For more: http://travel.usatoday.com/hotels/post/2010/07/hawaii-hotel-workers-win-526000-settlement-in-back-tips/100924/1

Comments Off on Hospitality Industry Employees Risks: Hawaiian Hotels Violated State Law When Service Employees Not Given 100% Of Service Charges For Food And Beverage Service

Filed under Insurance, Labor Issues, Legislation, Liability, Risk Management

Tagged as , , ,

by | July 22, 2010 · 1:46 pm

Hotel Swimming Pool Risk Management: French “Underwater Camera” System Gives Lifeguards “Eyes” To Spot Swimmers In Trouble

The Poseidon system gives the lifeguard underwater “eyes.” It’s made up of overhead and/or underwater cameras, a central computer, an LED display panel and a waterproof touch-screen. The cameras’ analog video feeds are converted to a digital signal by a device called a frame grabber – made by Montreal-based Matrox Imaging – so they can be analyzed by Poseidon’s software.

Developed in France and first sold in 2000 by MG International-Poséidon, Poseidon is an anti-drowning detection system that analyzes video streams in real time and alerts lifeguards to people in trouble in the pool.

The Canadian Red Cross says recreational swimming is the second-leading activity that leads to drowning in Canada. Most drowning victims are young males and those who swim alone.

Drowning can be silent and quick. A swimmer in trouble can enter what lifeguards call a “drowning spiral” within seconds. Once caught in that spiral, the victim becomes immobile, cannot call out and loses consciousness in as little as 12 seconds.

When lifeguards are able to intervene and begin resuscitation within 30 seconds, the victim stands a good chance of recovery. As the amount of time involved in a rescue goes up, the chances of a successful resuscitation fall.

The software algorithms analyze a floating object’s volume and texture to determine if it is a person or just an object in the pool. Once an individual is identified, Poseidon searches for unusual behaviour by comparing the swimmer’s position over consecutive images. When the software detects a motionless presence at the bottom of the pool for 10 seconds, an alarm and siren are activated.

The monitors immediately show the location of the victim, allowing the lifeguards to bring him or her out of the water quickly and start resuscitation.

Read more: http://www.cbc.ca/technology/story/2010/07/22/f-pool-safety-technology-drowning.html#ixzz0uRwh83qP

2 Comments

Filed under Health, Injuries, Liability, Pool And Spa, Risk Management, Training

Tagged as , , , ,

by | July 20, 2010 · 9:31 am

Hotel Industry Pool And Spa Risks: Centers For Disease Control Estimates $500 Million In Health Care Costs To Treat “Waterborne Illnesses”

Waterborne illnesses are far from eradicated, and they’re more than just a case of diarrhea. Americans shell out an estimated $500 million in health care costs to treat the conditions each year, according to a new report from the Centers for Disease Control and Prevention.

Legionnaires’ disease: $101 million to $321 million. Characterized by fever, nausea and diarrhea, and achy flulike symptoms, Legionnaires’ disease afflicts around 25,000 Americans each year.

Diagnosis and treatment can quickly add up. Blood tests, chest X-rays and liver-function tests might be required, and antibiotics are the usual solution. But Legionnaire’s can quickly turn fatal: Among patients who develop it in a hospital, death rates are around 50 percent.

Prevention? Treating water systems is the reliable standby, but the disease can also fester in large air conditioning systems.

Cryptosporidiosis: $37 million to $145 million. Also known as “crypto,” this parasite is found in recreational waterways and drinking water across the country, and is spread through the feces of infected people and animals.

Diarrhea is the characteristic symptom, and though crypto usually clears up on its own, those with compromised immune systems risk hospitalization.

Prevention? This one’s up to you. Don’t swallow pool water, wash your hands thoroughly — and if you’ve recently had crypto, do us all a favor and stay out of the hot tub for at least two weeks.

Giardiasis: $16 million to $63 million. You might know it as “beaver fever,” and you’ve probably been afflicted. The CDC estimates that 2 million Americans suffer giardiasis each year.

The illness, characterized by two weeks of cramps and diarrhea, is usually caused by raw sewage that’s leaked into drinking water. It can be transmitted person to person, leading to communitywide outbreaks.

 Around 80 percent of cases are treated with a course of antibiotics, but resistance to common medications is making beaver fever tougher to tackle.

Prevention? If you’re enjoying the great outdoors, don’t rely on untreated surface water.

Comments Off on Hotel Industry Pool And Spa Risks: Centers For Disease Control Estimates $500 Million In Health Care Costs To Treat “Waterborne Illnesses”

Filed under Health, Liability, Pool And Spa, Risk Management, Training

Tagged as , , , ,

by | July 19, 2010 · 7:54 pm

Hospitality Industry Health Risks: Outbreak Of Norovirus At Hotels And Restaurants Can Be Minimized With Antimicrobial Technology

“Ultimately, the impact an outbreak has on a hotel’s reputation could be devastating. Norovirus, for example, can be particularly dangerous for the elderly or very young, especially if customers have underlying health problems. Then there’s Campylobacter – the most common form of food poisoning – which is estimated to cost the UK economy £500m a year.”

  A leading microbiologist is calling on the hospitality and leisure industry to take more drastic action to minimise the risk of customers and staff being infected with potentially harmful microorganisms following a food poisoning outbreak at the Hilton Hotel in Glasgow.

 Dr Richard Hastings, a microbiologist for BioCote, says that by adopting antimicrobial silver ion technology into areas where hygiene is critical, like a hotel’s kitchen and restaurant, or public areas where there is high footfall, it can help lower levels of contaminating bacteria by up to 99.99%. This dramatically reduces the possibility of cross contamination and the risk of people getting infected.

For more:  http://www.hoteldesigns.co.uk/industrynews/news_7391.html

Comments Off on Hospitality Industry Health Risks: Outbreak Of Norovirus At Hotels And Restaurants Can Be Minimized With Antimicrobial Technology

Filed under Health, Liability, Risk Management, Training

Tagged as , , , ,

by | July 18, 2010 · 12:13 pm

Hospitality Industry Cybercrime: Hotels And Restaurants Combine For Over 50% Of All Credit Card Data Theft Because Of Their Dependence On Credit Cards And Focus On Servicing Guests

“…According to a recent study, 38% of all credit card breaches occur in hotels…financial services industry accounts for 19% of breaches… Retailers 14%, and restaurants at 13%…”

Hotels are easy targets because they are all credit card-based. It is possible to reserve a room without providing a credit card number, but they don’t make it easy. And hotels themselves certainly aren’t fortresses designed to keep bad guys out. They’re designed to be open and inviting, with, at best, a bellman whose focus is assisting guests rather than guarding the front door. Maybe that mentality exists in hotels’ IT security departments, too.

The root of the issue is the hotel industry’s insufficient security measures to prevent data breaches. Many rely on older point of sale terminals and outdated operating systems, which are more vulnerable to hackers. When the recession hit, many hotels cut back and decided to hold off on upgrades.

While their defenses were down, hackers slithered into their networks to steal guests’ personal financial data. Once thieves have accessed this data, they can clone cards with the stolen numbers and use them to make unauthorized charges.

For more:   http://www.finextra.com/community/fullblog.aspx?id=4286

Comments Off on Hospitality Industry Cybercrime: Hotels And Restaurants Combine For Over 50% Of All Credit Card Data Theft Because Of Their Dependence On Credit Cards And Focus On Servicing Guests

Filed under Crime, Insurance, Liability, Theft

Tagged as , , , ,

by | July 17, 2010 · 10:40 am

Hotel Industry Employee Risk Management: Hotel Ownership Must Insure Compliance With State Laws Regarding “Service Charges” Being Withheld Illegally From Service Staff Which Can Result In “Triple Damages” Being Awarded

“…the case involved a portion of service charges — which are added onto bills at the end of banquets, weddings and large events — being withheld from servers, and all hotel and restaurant staff working at least eight-hour shifts were having 30-minute meal breaks deducted from their paychecks even though they weren’t receiving them.”

“What we alleged in this case was a portion of [the service charge] was going to managers, the sales department, and others who aren’t permitted under law to dip into this money intended for waitstaff,” he said.

“…state law ordering food establishments found to be withholding wages and tips to pay employees up to three times as much as they’re owed…”

The Orchards Hotel has agreed to a $240,000 proposed settlement in a class action lawsuit involving approximately 150 current and former hourly employees.

With state law ordering food establishments found to be withholding wages and tips to pay employees up to three times as much as they’re owed, the employees at The Orchards will receive between two and three times what they were owed in wages and tips, Holtzman said.

“The settlement is not only the recovery each employee is owed, but a multiple of what is owed,” he said.

For more:   http://www.berkshireeagle.com/local/ci_15528594

Comments Off on Hotel Industry Employee Risk Management: Hotel Ownership Must Insure Compliance With State Laws Regarding “Service Charges” Being Withheld Illegally From Service Staff Which Can Result In “Triple Damages” Being Awarded

Filed under Labor Issues, Liability, Risk Management

Tagged as , , , ,

by | July 16, 2010 · 6:27 am

Hotel Industry Privacy Risks: ESPN Reporter Erin Andrews Files “Negligence, Negligent Infliction Of Emotional Distress And Invasion Of Privacy” Lawsuit Agains Hotels

“I do hope that my experience will cause the hospitality industry to be more vigilant in protecting its guests from the time they reserve a hotel room until they check out.”

Her suit claims negligence, negligent infliction of emotional distress and invasion of privacy against the hotel entities.

ESPN reporter and road warrior Erin Andrews filed a civil suit today against Marriott International, Radisson Hotels International and others involved with the hotels in which a stalker surreptitiously filmed her nude through a hotel-room peephole.

Andrews was stalked and/or filmed in rooms at the Marriott Nashville at Vanderbilt University, the Radisson Airport hotel in Milwaukee, and a third hotel in Columbus, Ohio. Andrews stays in hotels frequently for her job as an ESPN reporter “always with the expectation of privacy once checked into her room,” the release says.

“Although I’ll never be able to fully erase the impact that this invasion of privacy has had upon me and my family,” Andrews says in the release , “I do hope that my experience will cause the hospitality industry to be more vigilant in protecting its guests from the time they reserve a hotel room until they check out.”

Comments Off on Hotel Industry Privacy Risks: ESPN Reporter Erin Andrews Files “Negligence, Negligent Infliction Of Emotional Distress And Invasion Of Privacy” Lawsuit Agains Hotels

Filed under Crime, Insurance, Liability, Privacy, Risk Management

Tagged as , , ,

by | July 15, 2010 · 10:34 am

Hotel Industry Swimming Pool Safety: Hotel Guest Safety Can Be Improved With “Coast Guard” Approved Flotation Devices And Closer Supervision (Video)

[youtube=http://www.youtube.com/watch?v=XZGOOpC6bw8&hd=1]

07.07.10 (LAS CRUCES) — Many area lifeguards are on alert as more and more children spend their summer by the pool. KRWG’s Carlos Correa reports.

Comments Off on Hotel Industry Swimming Pool Safety: Hotel Guest Safety Can Be Improved With “Coast Guard” Approved Flotation Devices And Closer Supervision (Video)

Filed under Health, Injuries, Liability, Pool And Spa, Risk Management, Training

Tagged as , , , ,

by | July 14, 2010 · 6:34 am

Hotel Industry Employment Risks And Liability: Dept. Of Labor (DOL) Is Increasing Compliance Audits To Look For Violations Of Overtime Rules, Minimum Wage And Federal Wage And Hour Regulations

“. . .The U.S. Department of Labor (DOL) is planning an initiative that specifically targets every hotel, motel and resort in the United States for audits by the department’s Wage and Hour Division.”

“. . . DOL has labeled the lodging industry as a “high-risk industry” where violations of federal wage and hour laws are most likely to occur. The department has chosen to consider employees in the lodging industry as “the most vulnerable workers” in the country. As a result, you will be subject to a DOL audit, covering all of your employees…”

The Department of Labor’s (DOL) Wage and Hour Division (WHD) has experienced a huge increase in funding and staffing, adding hundreds of new investigators, and is gearing up for a new wave of compliance audits and enforcement actions.

Specifically targeting the hospitality industry, the WHD plans to audit hotel employers for violations of overtime rules, minimum wage, family and medical leave, classification of exempt and non-exempt positions, and virtually every Federal labor wage and hour regulation.

  • Perform an internal audit. Talk to your hotel labor lawyer who can organize an internal audit of your payroll practices, hiring practices, and recordkeeping procedures and then help ensure that your organization is in compliance with Federal laws, including H-2B requirements. It is important that you avoid precipitous action to terminate any employees that do not meet the H-2B visa requirements, because there are anti-discrimination laws that also apply to any termination based on immigration status.
  • Understand your exposure. Hotels that use outside staffing agencies to hire employees face certain risks as well since they can be held responsible for failure on the part of the agency to comply with federal regulations. Also, employers with collective bargaining agreements may need to involve the union on various aspects of the audit, including H-2B visa employees if they are part of the “represented workforce.”
  • Develop a strategy. Experienced hotel labor lawyers can let you know what to expect in a government compliance audit and should help you prepare a strategy for successfully cooperating with all phases of the audit. Your management team should be alerted so that no one panics when the audit notice is received, and they know the importance of getting it to the right person quickly so you can promptly launch the action plan you developed.
  • Get involved. The American Hotel & Lodging Association (AH&LA) is urging hotel employers to ask their elected officials to contact the U.S. Department of Labor on their behalf to express their opposition to the hospitality industry being singled out for compliance audits. AH&LA is the primary advocate of the hospitality industry in Washington D.C., giving a voice to thousands of individual hotels and owners. The Association’s success depends on the number of people in the industry that become involved and support the Association’s important work. To get involved and become a member of the AH&LA you can register on their website at www.ahla.com.

For more:   http://www.hospitalitynet.org/news/154000320/4047438.search?query=hospitality+industry+risks

Comments Off on Hotel Industry Employment Risks And Liability: Dept. Of Labor (DOL) Is Increasing Compliance Audits To Look For Violations Of Overtime Rules, Minimum Wage And Federal Wage And Hour Regulations

Filed under Insurance, Labor Issues, Liability, Risk Management

Tagged as , , , ,