Category Archives: Management And Ownership

Hospitality Industry Crime Risks: Pennsylvania Restaurant Manager Indicted For Stealing $75,000 Through “Fraudulent Transactions”

“…(the former manager) allegedly stole the money through “fraudulent transactions at the restaurant,” which may have fueled his gambling, hospitality industry employee theftstate police spokesman Lt. Stephen Jones said in September…(the owner) reported the thefts the same month Suozzo was arrested, according to court documents.   It was not clear how he discovered the alleged crime had taken place…”

A former manager at a White Township restaurant and golf club was indicted today on a theft charge after he allegedly stole more than $75,000 from his employer to fund a gambling habit. A Warren County grand jury returned an indictment today against James Suozzo, 56, of Route 57 in Franklin Township, on a theft charge.

At the time of his arrest in September, New Jersey State Police said Suozzo stole tens of thousands of dollars from Top of the Green Restaurant at Apple Mountain Golf Club while working as a restaurant and banquet manager. The investigation revealed Suozzo stole from April 2009 to June 4, 2011, court documents said.

Kiszonak did confirm Suozzo was fired.

For more:  http://www.lehighvalleylive.com/warren-county/express-times/index.ssf/2013/06/former_top_of_green_resturant.html

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Filed under Crime, Labor Issues, Liability, Management And Ownership, Theft

P3 Hospitality Industry Risk Report: “Hotel Pool Preparation, Maintenance And Checklist” By Petra Risk Solutions’ Risk Manager Joe Fisco, CLSD (Video)

[vimeo http://vimeo.com/52436189]

P3Petra Risk Solutions’ Risk Manager, Joe Fisco, CLSD , offers a P3 Hospitality Risk Update – ‘Hotel Pool Preparation, Maintenance And 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 Guest Issues, Health, Insurance, Liability, Maintenance, Management And Ownership, Pool And Spa, Risk Management

Hospitality Industry Property Risks: Maryland Restaurant Damaged And Two Employees Injured After Drunk Driver Crashes Vehicle Through Building’s Front Glass Exterior

“…two people were taken to the hospital initially, after a patron and an employee suffered non-life threatening injuries. A second worker was Restaurant Damage From Car Crashtransported to the hospital for anxiety…the driver was taken into custody and charged on suspicion of DUI…(a district manager) doesn’t know when the restaurant will reopen…”

A Lanham, Maryland Wendy’s restaurant is picking up the pieces after a driver of an SUV crashed through the shop and nearly reached the counter just before 9 p.m. on Friday in the 9400 block of Annapolis Road.

There was a steady flow of people on Saturday trying to place orders through the drive through and people were trying to get into the restaurant, but it’s closed. Customer after customer came to the seemingly popular spot surprised at what happened.

For more: http://www.wusa9.com/news/article/262879/373/Picking-Up-Pieces-After-Wendys-Crash-In-Md

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Filed under Claims, Injuries, Insurance, Labor Issues, Maintenance, Management And Ownership

Hospitality Industry Property Risks: Florida Motel Sprinkler System Malfunctions With Water Flooding Rooms, Hallways And Lobby

“…a water restoration company said it brought an infrared camera that detects moisture and found water damage in several rooms, the lobby and Hotel Water Damagehallways on the first and second floors…Officials said the hotel had to cut off power because all the water became an electrical hazard…”

A sprinkler system malfunctioned at the Crestwood Suites Extended Stay motel on University Boulevard in East Orange County, Orange County Fire Rescue said.
The incident happened at about 8:30 a.m. Thursday.

“It was like a flood coming down. You looked into the lobby from the doors and it was like rain pouring through the ceiling,” said motel guest Andrea Paul.

For more:  http://www.wftv.com/videos/news/motel-flooded-following-sprinkler-system/v4SmW/

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

Hospitality Industry Property Risks: Florida Hotel’s Restaurant Deck Collapses Into Water Injuring More Than Twenty People, Two Seriously

“…(the restaurant) lost power when the collapse happened, casting victims and rescuers alike into the dark…bartenders were diving into the water Florida Restaurant Deck Collapseto help rescue patrons. Fire trucks pulled to the water’s edge and extended their ladders to help patrons climb to safety…approximately 100 people were on the deck when it fell into the water. The deck’s official capacity was not immediately known…”

As fans packed Shuckers Waterfront Grill to cheer on the Miami Heat against the San Antonio Spurs Thursday night, the waterfront patio deck gave way, crashing into Biscayne Bay, spilling dozens of terrified patrons into the water. The accident happened at the popular North Bay Village spot, in back of the Best Western Plus on the Bay Inn & Marina, 1819 79th Street Causeway.

As many as two dozen people were injured. By 11:20 p.m., 15 people had been transported to various hospitals, two of them in serious condition, said Miami-Dade Fire Rescue Capt. Eugene Germain Jr. Another fire captain said one person might be missing and that a search was underway as rain fell.

Read more here: http://www.miamiherald.com/2013/06/13/3450248/breaking-deck-collapses-at-shuckers.html#storylink=cpy

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

Hospitality Industry Property Risks: Texas Hotel Fire Starts In Air Conditioning Unit, Resulting In Extensive Damage And Death Of Elderly Guest From Smoke Inhalation

“…occupants of the actual room where the fire started…woke up in the night to their fire alarm going off and could see fire coming out of the air Hotel Fire and Smoke Damageconditioning unit in their room…the death of hotel guest  Rena Goodson, 74, of Holly Lake Ranch, was attributed to smoke inhalation…she was carried from the burning building by firefighters and transferred to a Dallas hospital, where she died over the weekend…”

Fire investigators said Wednesday that the fire that claimed the life of a Holly Lake Ranch woman and destroyed a large part of the Best Western Trail Dust Inn started in an air conditioning unit.  Assistant Fire Marshall Eric Hill said fire investigators Aaron Kager and David James interviewed hotel guests and combed through the burned out section of the hotel before making the ruling.

The fatal fire broke out sometime before 2 a.m. Saturday in the west wing of the hotel. The assistant fire marshall said the motel was booked to capacity when the fire broke out and forced evacuation of 58 people staying in that section of the hotel. Another 150 people were evacuated from adjoining buildings, which were threatened by the fire that stretched firefighting resources.

For more:  http://www.myssnews.com/news-telegram/news/22372-fatal-hotel-fire-started-in-ac-unit-ruled-accidental.html

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

Hospitality Industry Legal Risks: Hotel Management Must Evaluate And Prepare For Potential “Punitive Damage Claims” In Lawsuits Arising From Privacy, Over Service Of Alcohol And Criminal Actions Of Employees

“…the No. 1 priority is effective case evaluation and resolution. Early factual investigation is critical in determining what happened, why it happened and who was involved. Knowing and preserving the correct version of facts and events with effective reporting mechanisms is essential Hospitality Industry Lawsuitto knowing what kind of claim possibly can be presented and what kind of exposure exists…”

“…it is critical to evaluate the potential punitive exposure early and assess the potential for a punitive claim to get to a jury. Always consider the risk that punitive damages may get to a jury, how a jury will receive the evidence and whether your hotel could be punished by a jury that is attempting to make a statement that these incidents will not be tolerated…”

Hoteliers may face the problematic public-relations case that contains a punitive damages claim. These claims include: invasion of privacy, inappropriate surveillance, over service of alcohol, and criminal actions of employees and third parties. These cases are difficult for members of the hospitality industry who pride themselves on showing customers a positive experience, want good feedback and want customers to return to their hotel.

Securing and preserving evidence, which includes photographs, videos, an accident report, incident statement and/or witness statements must be undertaken to document what the incident involves. If photographs and videos are not preserved once a hotel has notice of a claim, a court could instruct the jury that they can infer the hotel destroyed the evidence for a reason. It is critical to use technology to best find and preserve evidence. No potential accident can be overlooked as a hospitality group never knows what accidents can turn into a possible lawsuit.

For more:  http://www.hotelnewsnow.com/Articles.aspx/10625/How-to-respond-to-punitive-damages-claims

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

Hospitality Industry Legal Risks: Maryland Restaurant Owner Faces “Sexual Harassment And Retaliation” Charges In Lawsuit Filed By EEOC

“…the EEOC seeks injunctive relief prohibiting Basta Pasta from engaging in sexual harassment or retaliation, as well as lost wages and compensatory and punitive damages for Smith, Doe, Kokkinakos and other similarly-situated female employees, and other affirmative EEOCrelief…’No employee, male or female, should have to endure being subjected to offensive sexual comments and touching in order to earn a living, but the unlawful harassment is even more vile and intolerable when it includes sexual assaults by a company owner’…”

SPOA, LLC, which runs the Italian restaurants Basta Pasta in Fallston and Lutherville-Timonium, Md., subjected female employees to flagrant sexual harassment and fired a manager who complained about the harassment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

The EEOC alleged that the restaurant owner repeatedly subjected female employees, some of whom were teenagers, to unwelcome and offensive sexual harassment, including touching them on their buttocks, lower backs and shoulders; rubbing his genitalia against the buttocks of female employees; leering at female employees and making comments about their bodies, including calling them “sexy” or “hot;” making sexually suggestive remarks and crude sexual innuendos; and asking for massages.

The EEOC further charged that the owner pressured female employees to have alcoholic drinks at the end of their shifts and acted offended if they did not stay and drink.  The EEOC alleges that the owner gave one female employee, “Mary Smith,” alcohol, causing her to pass out and later wake up vomiting, and that Smith believed the owner drugged her in an attempt to sexually assault her.  The EEOC also charged that the owner took another female employee, “Jane Doe,” to his house, purportedly to talk about a management opportunity, but instead Doe believes he drugged and sexually assaulted her.  (Given the public interest in protecting the identities of sexual assault victims and attempted sexual assault victims, the EEOC is utilizing pseudonyms.)

The sexual harassment was so intolerable that these two employees felt compelled to quit their jobs, the EEOC says in the lawsuit.  Jane Doe was 18 years old when she started working for the company and 21 years old when she was forced to quit her job due to the sexual harassment.

The EEOC also charges that a restaurant manager, Dimitra Kokkinakos, had complained to management about the owner’s sexually offensive behavior but the company failed to take action to stop the harassment.  After learning that Kokkinakos had been in touch with Jane Doe, the restaurant warned Kokkinakos to “keep her mouth shut” and fired her in retaliation for her opposition to the sexual harassment.  The restaurant also threatened Kokkinakos when she participated in the EEOC investigation, including pressuring her to recant her testimony, according to the lawsuit.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/6-5-13.cfm

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

Hospitality Industry Legal Risks: Texas Restaurant Group Faces “Wage Violation Class-Action Lawsuit” Over Tip Sharing, Food Discount Deductions

“…(the lawsuit) alleges that a Rainforest Cafes policy illegally required servers to share their tips with some employees who were not part of the wait staff…(plaintiffs were forced) to split tips with hosts, who do not qualify as wait staff because they do not serve food or beverages, or clear Hospitality Industry Wage Violation Lawsuitstables…The suit also targets a “discount program” at Rainforest Cafe that deducts a flat fee from employee paychecks to cover any drinks consumed at work and provides a discount on food…the deduction is too high and violates state law by requiring employees to pay more for food than it costs the employer…”

A Boston law firm filed a suit seeking class-action status Monday against one of the nation’s largest restaurant groups alleging the company’s Rainforest Cafe in Burlington violated state wage laws. Two servers employed at the Rainforest Cafe since 1998 are named plaintiffs in the case. Hundreds of workers might qualify for damages, according attorney Hillary Schwab of Fair Work, P.C.

The defendant, Landry’s Inc., is the Houston parent company of more than 40 restaurants chains across the county with total US sales of about $1.67 billion last year, according to restaurant industry research firm Technomic. Landry’s, run by chief executive Tilman J. Fertitta, a Houston billionaire, owns a number of restaurants groups with a presence in Massachusetts, including Morton’s The Steakhouse, Chart House, McCormick & Schmick’s, and the Oceanaire Seafood Room.

The plaintiffs are seeking restitution for all gratuities not received, wages not paid in full, money deducted from pay, and all court and attorney fees. Schwab said she will attempt to determine whether the tip practice is limited to the Rainforest Cafe or is a Landry’s corporate policy that might affect other restaurants in the state.

For more:  http://www.bostonglobe.com/business/2013/06/03/rainforest-cafe-servers-sue-restaurant-over-tip-policy/IOwix0twRIooe1FP8Cz4fJ/story.html

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

Hospitality Industry Risk Solutions: “3rd Global Congress On Travel Risk Management” To Be Hosted By HospitalityLawyer.com On Sept. 30 – Oct 1 In Houston, TX (Video)

[youtube=http://www.youtube.com/watch?v=ij1BHdG4N-8&feature=player_embedded]

HospitalityLawyer.com Education Partner II

HospitalityLawyer.com

HospitalityLawyer.com, in coordination with the Greater Houston Convention & Visitors Bureau, will host the 3rd Global Congress on Travel Risk Management, September 30 to October 1, 2013, in Houston, Texas, at the Galleria Omni Hotel. The Global Congress focuses on  solutions enabling businesses and governments to meet their Duty of Care to mobile employees and protecting mobile data.

The travel, tourism and hospitality industries are a $3.5 trillion global economic powerhouse encompassing transportation, lodging, and venues and events. Governments around the world spend trillions on infrastructure and travel support systems. Disruptions are costly, both financially and in customer goodwill. The Global Congress’s objective is to facilitate the delivery of safe, secure and uninterrupted travel via an all-encompassing public-private dialogue dedicated to the sharing of best practices for issues faced by the global travel, tourism and hospitality industries.

For more:  http://www.hospitalitylawyer.com/?post_type=gc&p=565

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