Category Archives: Management And Ownership

Hospitality Industry Health And Safety: Hotels And Restaurants Avoid Onsite “Automated External Defibrillator (AED)” Placement And Training Due To Concerns About Risks And Liability

“…the American Hotel and Lodging Association, singled out the patchwork of state laws as a major reason hotels in the U.S. “do not uniformly provide training and AEDs onsite,” in a 2009 report.

AED Defibrillator Sign“…across America, there is anything but agreement among states about rules for the use of automated external defibrillators (or AEDs): Where they must be located; if they should be registered so authorities know where they are; whether a business that installs one is fully protected from liability; or even if a company is obliged to use one if someone on the premises suffers sudden cardiac arrest…”

There is no dispute that portable defibrillators, simple-to-use device that supply jolts to shock a stilled heart to beat again, could save tens of thousands of lives a year in this country alone if they are accessible to willing bystanders.

And some experts say the uneven patchwork of laws and regulations is a worrisome barrier to more widespread distribution and use of the battery-powered devices, which, if employed within minutes of cardiac arrest, can bring a person back to life.

For instance, many AEDs still carry labels saying they should only be used by “medical professionals” even though there are laws in every state giving “good Samaritan” protection to anyone who tries to use one to save the life of someone in cardiac arrest.

“The concerns about risk and liability remain very high,” said Richard Lazar, president of Readiness Systems LLC, a Portland, Ore., firm that consults with businesses and governments on AED training and placement.

Mandates for where AEDs should be placed are a national checkerboard. Nineteen states impose no mandates. But, in New York state, AEDs are required in health clubs, while in Florida, they’re mandatory in public high schools. Yet recent court rulings in both states have held that, just because those facilities are required to have the devices, they are under no legal obligation to use them.

For more:  http://www.commercialappeal.com/news/2013/aug/25/aed-laws-cause-confusion/

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

Hospitality Industry Legal Risks: Restaurants And Hotels Must “Thoroughly And Consistently” Train Employees For Alcohol Service

HospitalityLawyer Lodging and the ADA Webinar

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http://www.foodbevlaw.com/

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

Hospitality Industry Employment Risks: Mississippi Hotel Sued For “Pregnancy Discrimination” By EEOC; Woman Fired On First Day Of Work After Informing Manager Of Pregnancy

“…According to the EEOC’s suit, (the employee) informed her manager of her pregnancy on her first day of work.  That evening, the manager terminated Harmon and replaced her with a non-pregnant employee, the EEOC said…”

EEOC“Employers cannot penalize women for choosing to have a family,” said Katharine W. Kores, district director of the EEOC’s Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi.  “This agency will continue to work to eliminate this type of discriminatory conduct.”

Jiji, Inc., a Holiday Inn franchisee located in Batesville, Miss., violated federal law when it fired an employee because of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act.  The EEOC filed suit, Civil Action No. 3:13-cv-00212, in U.S. District Court for the Northern District of Mississippi, Oxford Division after first attempting to reach a pre-litigation settlement through its conciliation process.  The suit seeks back pay, compensatory and punitive damages, reinstatement and injunctive relief.

Jiji, Inc. is a Mississippi corporation based in Batesville that owns, manages, and operates hotel facilities in Mississippi. The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/8-22-13.cfm

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: New York Restaurant Sued For $1 Million For “Refusing Service” To Disabled War Veteran Using Service Dog To Ease “Posttraumatic Stress Disorder (PTSD)”

“…(the plaintiff), who uses the dog to ease his posttraumatic stress disorder, is suing  for $1 million in Manhattan Federal Court. He claims the Hospitality Industry ADA Lawsuitsincident humiliated him and exacerbated his PTSD…(he) said he tried to reason with the employee invoking the Americans with  Disabilities Act (ADA), which permits service animals in public spots…(the plaintiff), who won an undisclosed settlement in 2011 after suing a McDonald’s in  Times Square over a similar experience, said he left the KFC rather than  continue the argument…”

A disabled Iraq War veteran who worked at Ground Zero says the Colonel  treated him like trash. Charles Hernandez, 50, a retired public school administrator, claims he was  refused service at a KFC in the Bronx after he brought his service dog into the  fried chicken joint.

His suit says the KFC worker violated federal, state and city laws and caused  Hernandez distress. The suit also names as defendants KFC manager Sade Clarke,  the restaurant’s owner, Star Partner Enterprises Two LLC, and that company’s  principal owner, Thomas Rose.

Read more: http://www.nydailynews.com/new-york/kfc-turns-iraq-war-vet-service-dog-lawsuit-article-1.1432999#ixzz2choApBsK

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

Hospitality Industry Legal Risks: Texas Restaurant Sued By Man Who Fell On Step Hidden By “Busy Carpet Pattern”; “Dangerous Condition Created”

“…The suit asserts the defendant should haven known that the excessive pattern on the carpet obscured patrons’ abilities to detect the step and Hospitality Industry Injury Lawsuitsthat it confuses the eye…the suit further alleges there were no warning signs of the dangerous condition…the plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment and lost wages…”

Orange County resident Danny Stilley is blaming a “busy carpet pattern” at an area restaurant as the reason why he tripped and fell. Stilley filed suit against Kampus Korner Restaurant on Aug. 14 in Jefferson County District Court. According to the lawsuit, on Feb. 4, 2012, Stilley was a patron at the restaurant, located near the Lamar University campus. He purchased a cup of coffee and was instructed to go sit at an elevated section of the diner.

Stilley sat at his table for some time and when he got up he failed to “detect the change in floor elevation and tripped,” hitting the ground and knocking himself unconscious.

“The elevated area was covered with a carpet with a busy pattern,” the suit states. “Due to the very busy pattern on the carpet, it is difficult to detect the rise in elevation.”

For more:  http://setexasrecord.com/news/288504-busy-carpet-pattern-caused-mans-fall-suit-alleges

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

Hospitality Industry Property Risks: California Restaurant Fire Caused By Electrical Short In Ice Maker; Over $75,000 In Damage To Structure, Contents And Loss Of Business

“…An electrical short in an ice maker caused the fire…the restaurant’s sprinkler system did go on, but not right away..Damage to the structure and contents is Restaurant Fire Risksestimated to be about $75,000 and loss of business about $10,000, fire officials said…”

A fire at Gordon Biersch Brewery Restaurant in Mission Valley was swiftly knocked down Sunday afternoon by an engine company that happened to be in the restaurant parking lot dousing a car fire, the San Diego Fire-Rescue Department reported. About 1:15 p.m., the restaurant manager hailed the fire crew in the parking lot at Mission Center Road near Camino de la Reina. Firefighters found waist-high smoke and flames in the kitchen, said San Diego fire department spokesman Maurice Luque.

About 200 diners and Gordon Biersch staff were evacuated and no injuries were reported, Luque said. The restaurant was closed for business for the rest of the day.

Per procedure, the San Diego County Department of Environmental Health was notified and will inspect the restaurant to determine when it is safe to reopen for business, Luque said.

For more:  http://www.utsandiego.com/news/2013/aug/18/gordon-biersch-fire-icemaker/

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Filed under Fire, Insurance, Maintenance, Management And Ownership, Risk Management

P3 Hospitality Industry Risk Report: “New I-9 Documents” By Petra Risk Solutions’ Director Of Human Resources Sharyn Maldonado, PHR

[vimeo http://vimeo.com/69501224]

P3Petra Risk Solutions’ Director Of  Human Resources, Sharyn Maldonado, PHR , offers a P3 Hospitality Risk Update – ‘New I-9 Documents’.

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 Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Texas Motel Sued By Guest Injured When “Defective Chair” Collapsed; “Latent, Unreasonably Dangerous Condition”

“…As he prepared for bed, he sat down in a chair to remove his boots…the chair collapsed under plaintiff causing him injury, the suit states. The Hospitality Industry Injury Lawsuitsdefective chair presented a latent, unreasonably dangerous condition…(the plaintiff) injured his left forearm, ribs and back when the chair collapsed, for which he seeks damages within the jurisdictional limits of the court…”

While staying at a Comfort Inn in Orange, Allen Doverspike, an Oklahoma resident, sat in a chair and began to take his boots off when the chair collapsed. Seeking less than $1 million for his injuries, Doverspike filed suit against Hospitality Operations on Aug. 5 in Jefferson County District Court.

According to the lawsuit, on Jan. 30 Doverspike checked into the Orange Comfort Inn.

The suit asserts the defendant should have repaired or replaced the chair.

For more:  http://setexasrecord.com/news/288232-man-sues-motel-after-chair-collapses-while-taking-off-boots

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Filed under Guest Issues, Injuries, Liability, Management And Ownership, Risk Management

Hospitality Industry Technology Solutions: Hotel And Restaurant “Mobile Websites” Rank Highest In Performance, Customer Engagement According To Recent Study; Mobile Payments To Reach $90 Billion By 2017

Hospitality Technology Reveals Results of 2013 Customer Engagement Tech Study

For more:  http://hospitalitytechnology.edgl.com/home

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Filed under Guest Issues, Magazines, Management And Ownership, Risk Management, Technology

Hospitality Industry Legal Risks: Pennsylvania Restaurant Sued By EEOC For “Gender Discrimination”; Female Workers Paid “Lower Hourly Wage”, “Fewer Regularly Scheduled Hours”

“…These women were subjected to a double whammy of discrimination,” said District Director Spencer H. Lewis, Jr., of the EEOC’s Philadelphia District Office. “They were paid a lower hourly wage and regularly scheduled for fewer work hours than their male counterparts. That’s why we EEOCredoubled our efforts to win justice for them…EEOC Regional Attorney Debra M. Lawrence added, “The EEOC is strongly committed to enforcing the equal pay laws and will take whatever action necessary to defend people’s rights in the workplace…”

Enforcement of equal pay laws and targeting compensation systems and practices that discriminate based on gender is of one of six national priorities identified by the EEOC’s Strategic Enforcement Plan.

Market Burgers, L.L.C., doing business as Checkers, a fast food restaurant chain, violated federal law by paying women less than men and scheduling them for fewer hours than their male counterparts because of gender, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.

EEOC General Counsel David Lopez said, “This case demonstrates the significance of the agency’s strategic enforcement plan, reminding employers that the agency will exercise its authority to eliminate sex-based wage disparities in the workplace.”

According to the EEOC’s suit, LaToya Snyder began working as a cashier/sandwich maker at the company’s Checkers restaurant in West Philadelphia and was promoted to a shift manager position in 2010. The EEOC charges that Checkers routinely paid Snyder and other female shift managers lower wages than male shift managers even though they performed the same duties, including giving assignments and directions to other employees and scheduling and approving breaks. Checkers also paid female cashiers/sandwich makers less than their male counterparts even though they did substantially equal work, according to the lawsuit.

The EEOC further charges that Checkers suppressed the wages of Snyder and other female shift managers and cashiers/sandwich makers by scheduling them for 20 to 25 hours per week, even though they had requested full-time hours, while their male counterparts routinely were scheduled to work, on average, more than 30 hours per week. The general manager also required female employees to leave work early if the restaurant was not busy while male employees were permitted to work a full eight-hour shift.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/8-12-13.cfm

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