Category Archives: Management And Ownership

by | May 17, 2012 · 6:38 am

Hospitality Industry Legal Risks: Nevada Hotel Sued For "Pregnancy Discrimination" By Room Service Sales Employee; Additional "Class-Action" Allegations For Unpaid Wages

In the same filing to sue the hotel for unspecified damages for pregnancy discrimination, Megia also made class-action allegations for unpaid wages on behalf of the hotel’s employees.

“…employees were not permitted to wear their uniforms outside work and had to pick up and drop off their uniforms before and after their shifts, often leading to additional overtime for which they were not paid, the suit claimed…”

Melodee Megia, a former employee at The Cosmopolitan Resort and Casino in Las Vegas, claims she was told she was fired from her job for saying “bye bye” on the telephone instead of “goodbye” while eight-months pregnant.

She has filed a lawsuit against the hotel for pregnancy discrimination and a class-action suit for workers’ wages, saying employees were not paid for the time they had to wait for and change into their uniforms on a daily basis.

Megia worked at the hotel from November 2010 until September 2011, when she said she was fired “based on her pregnancy,” according to court papers filed with the Clark County District Court in Nevada last week.

Megia was a “room service sales” employee answering the telephone when hotel guests called for room service, occasionally assisting in room delivery, her lawyers said.

For more:  http://abcnews.go.com/Business/fired-las-vegas-hotel-worker-sues-pregnancy-discrimination/story?id=16361237

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

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by | May 16, 2012 · 6:08 am

Hospitality Industry Legal Risks: Woman Sues Illinois Hotel Over Bartender's "Sexual Assault"; Convicted Employee Allegedly Obtained Room Key From Front Desk

“…The lawsuit contends Dabrowski on Oct. 27 spiked the woman’s drink with a “date rape” drug. He allegedly obtained the key to her room from the front desk and then sexually assaulted her as she lay unconscious on her bed in the hotel..”

A Naperville man accused in a federal lawsuit of sexually assaulting a female guest of the Hilton Lisle/Naperville hotel has been convicted of a misdemeanor charge of trespassing in the woman’s room.

Jayson D. Dabrowski, a former bartender at the hotel, has been ordered to serve seven days in the Sheriff’s Work Alternative Program, or SWAP, according to records on file in DuPage County Circuit Court in Wheaton. Dabrowski has also been placed on two years of court supervision, records indicated.

The woman, a resident of Virginia, is seeking more than $75,000 in damages. Her lawsuit is not expected to come to trial for at least a year.

For more: http://napervillesun.suntimes.com/news/12554670-418/man-accused-of-lisle-hotel-sex-attack-found-guilty-of-trespassing.html

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

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by | May 15, 2012 · 7:36 am

Hospitality Industry Restaurant Safety: California Restaurant Playground Areas Face New "Sanitation And Safety Requirements Under State Assembly Bill; Must Post Inspection And Cleaning Plans

Under the bill, sponsored by Democrat Michael Allen of Santa Rosa, restaurants would be required to post signs informing customers that food is not allowed on play structures and to provide adults who ask copies of their playground inspection and cleaning plans.

Fast-food restaurants in California could face new sanitation and safety requirements for the playgrounds they install to attract children. The Assembly on Monday approved a bill that would expand food safety laws to cover the indoor and outdoor playgrounds.

Allen says the bill was promoted by research showing that restaurant playgrounds can be breeding grounds for illness-causing bacteria and are not always well-maintained.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/14/state/n151405D10.DTL#ixzz1ux75aeHF

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Filed under Food Illnesses, Guest Issues, Health, Injuries, Legislation, Management And Ownership, Risk Management

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by | May 14, 2012 · 6:16 am

Hospitality Industry Theft Risks: North Carolina Hotel Employee Arrested For "Embezzling" More Than $16,000 From Hotel Deposits And Petty Cash

More than $12,000 came from cash deposits not being made; $2,132 from petty cash and falsified receipts; $1,756 from miscellaneous revenue; and $336 in overdraft fees as a result of deposits not being made.

A 57-year-old woman embezzled more than $16,000 from a Gastonia hotel in about three weeks, according to an arrest warrant. Judy Adaline Steele of Cullowhee in western North Carolina took the money from the Knights Inn at 1400 E. Franklin Blvd. between Dec. 23 and Jan. 11, according to the warrant.

She also occupied two rooms at the hotel, resulting in an additional $3,000 damage, according to the report.

Sri Krupa told police he had withheld Steele’s final two paychecks totaling $1,377 because of the theft. Steele was booked into Gaston County Jail under a $25,000 bond on a charge of embezzlement.

Read more: http://www.gastongazette.com/articles/deposits-71072-gastonia-hotel.html#ixzz1uqvwUS8U

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by | May 13, 2012 · 6:51 am

Hospitality Industry Legal Risks: Florida Hotel Nightclub Sued For "Racial Discrimination" When Security Guards Refuse To Allow Four Women Inside

Florida civil rights and criminal law attorney David Kubiliun is representing four South Florida women who claim they were not allowed to attend an upscale party the Arkadia Lounge inside Miami Beach’s famous Fountainebleau Hotel because of their race. Kubiliun says a man claiming to be the club’s promoter sent text messages to the women supporting their racial discrimination claims.

Kubiliun claimed it all began when Liz Lopez, Nancy Pierrot, Katuschca Jubuisson and Kat Bing, who are of African-American and Hispanic heritages, said promoter Rodrick Dudley invited them to the nightclub on Saturday, March 17 to celebrate a birthday. Kubiliun said when the group arrived, the club’s doormen would not allow them to enter.

“One security guard told one of the ladies that he didn’t think they were getting in because they are black and they would have to wait,” said Kubiliun. “The women who were well-dressed professionals said they didn’t see any other African-Americans enter the nightclub the entire time the aggravated group stood by in the lobby.”

For more:  http://www.eurweb.com/2012/05/south-florida-women-claim-racial-discrimination-at-fontainebleau-hotel-nightclub/

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by | May 12, 2012 · 7:11 am

Hospitality Industry Property Risks: Illinois Hotel Suffered Over $2 Million In Water Damage In 2010 After 13.5 Inches Of Rainfall Caused Flooding In Downtown Area

“…The Mechanical Rooms were flooded and heating and air-conditioning had to be taken out and replaced. The entire lower level of the building was destroyed, including irreplaceable antiques being stored down there. The structural damage was significant…”

The rain started on July 27, 2011, and by 1 a.m. on July 28, the flood gates were ordered closed. Everything the City of Galena had done to help prevent the flooding of downtown wasn’t enough as the rain came, the sewers backed up, and the water rose to 27 inches in some places. One of those places was the historic DeSoto House Hotel.

Owner Dan Kelley surveyed the damage while making sure current guests were alright. The air-conditioning was out, as well as the hot water. Some guests left, but most stayed, insisting on paying full rate for their stay. The hotel never closed its doors.

For more:  http://www.journalstandard.com/news/x1266607408/Flooded-DeSoto-House-Hotel-renovation-nears-conclusion

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by | May 11, 2012 · 6:08 am

Hospitality Industry Legal Risks: Illinois Hotel Sued For $250,000 For "Bed Bug Infestation" During 2010 Stay; Violation Of "Consumer Fraud And Deceptive Practices Act" Alleged

The suit claims hotel employees did not warn guests of the bugs before they stayed in the hotel from March 19, 2010 through May 21, 2010, according to court documents.

A couple from Nashville, Tennessee is suing an O’Fallon hotel for more than $250,000 following an alleged infestation of bed bugs during their stay. The hotel’s attorneys are fighting to dismiss the case and the hotel manager says bed bugs are not a problem.

Antwaine and Woodrow Ross allege the Days Inn O’Fallon hotel knew the critters Cinex lectularius, commonly known as bed bugs due to their tendency to be found in bedding, infested their rooms.

The Rosses seek more than $50,000 from each of five counts, which include claims the hotel violated the Consumer Fraud and Deceptive Practices Act by concealing the infestation. Days Inn attorneys have filed a motion to dismiss four of the five counts claiming in part that the Rosses “misapprehend what constitutes a nuisance and a concurrent suit to stop an alleged nuisance” and they fail to show the Days Inn acted with “deliberate intention to harm.”

To prevent bed bug issues, the hotel states a program was instituted in 2010 that included:
• purchasing special box spring covers designed for bed bugs at a cost of $2,600 a piece,
• treating each with room approved anti-bed bug powder every three days,
• any room suspected of having bed bugs is locked down for three days and professionally treated,
• increasing the frequency of routine monthly extermination services,
• inspecting 5 to 10 rooms at random during each extermination service and providing a report to management, and
• cleaning each headboard with bleach.

Read more here: http://www.bnd.com/2012/05/10/2171520/days-inn-ofallon-sued-following.html#storylink=cpy

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by | May 10, 2012 · 7:00 am

Hospitality Industry Technology Risks: Hotel Internet Connections Pose New Risks For "Malicious Software" Infecting Guest's Computers

The FBI said typically travelers attempting to set up a hotel room Internet connection were presented with a pop-up window notifying the user to update a widely used software product. If the user clicked to accept and install the update, malicious software was installed on the laptop. The pop-up window appeared to be offering a routine update to a legitimate software product for which updates are frequently available.

The FBI today warned travelers there has been an uptick in malicious software infecting laptops and other devices linked to hotel Internet connections.

The FBI wasn’t specific about any particular hotel chain, nor the software involved but stated: “Recent analysis from the FBI and other government agencies demonstrates that malicious actors are targeting travelers abroad through pop-up windows while they are establishing an Internet connection in their hotel rooms.

The FBI also recommends that travelers perform software updates on laptops immediately before traveling, and that they download software updates directly from the software vendor’s website if updates are necessary while abroad.”

For more:  http://www.itworld.com/security/276162/fbi-issues-warning-hotel-internet-connections

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by | May 9, 2012 · 6:28 am

Hospitality Industry Legal Risks: Texas Hotel Sued By Former Conference Meetings Director For "Employment Discrimination"; Woman Claims Termination Due To Cancer Diagnosis

“…(the Texas woman) believes Crowne Plaza Hotel fired her because of insurance, knowing she had more follow-up surgeries required…(she) is now cancer free and has a new job, hopes to collect financial damages for medical bills and mental anguish…”

A Texas grandmother of five says she was wrongfully fired from her job because she got cancer. Now, she’s suing for employment discrimination.

Janet Hustus, 53, was working as the Conference Meetings Director for Crowne Plaza Houston in January 2011 when she was diagnosed with breast cancer. “I was devastated. When you hear those words it is very devastating,” Hustus said. “You have cancer, and you don’t know what to do. You have so many emotions.”

She went to her general manager a few days later to discuss her schedule and surgery dates. Hustus says Mathers assured her the company would work around her schedule and “support her any way possible,” including keeping her job open for her.

For more: http://abcnews.go.com/Business/texas-grandma-fired-cancer/story?id=16304786

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by | May 8, 2012 · 7:04 am

Hospitality Industry Legal Risks: "Americans With Disabilities Act" (ADA) "Website Accessibility" Lawsuits Will Force Hotels To Update Websites To Service Disabled Guests

“…Charles Schwab… announced last week that they settled a year-long claim by a blind customer that its website was inaccessible to blind, low vision and cognitively challenged customers….”

 Not only does your website need to comply with the substantive requirements for listing hotel accessible features, for example, but the website itself needs to be accessible to disabled customers.

You need to ask yourself some questions. For example:

  • What standards of accessibility is your website hosting?
  • How do you measure website compliance?
  • How often do you audit your website for ADA compliance?

Charles Schwab joins a list of 15 prominent companies which have settled website accessibility complaints. Charles Schwab agreed that it will make its website more accessible and inclusive for all customers, and agreed to implement the Web Content Accessibility Guidelines (WCAG) Version 2.0 Level AA which will make its website navigable by disabled customers.

An informal complaint backed by the threat of litigation and administrative investigations was lodged with Charles Schwab by the lawyer for a blind day trader. The claimant was a long-time Schwab customer and herself a computer programmer. One morning, she found that she could no longer navigate the Schwab website using JAWS software and was prevented from making trades on-line. The

The Department of Justice (DOJ) has not approved and adopted any formal standards for website accessibility and recently withdrew its Notice of Proposed Rule Making for web access standards. The Web Accessibility Initiative (WAI) has been working for years and has promulgated the WCAG which is widely recognized as the “gold standard” for web access. However, given the almost daily changes in technology and the complexities of cyberspace, there are no official website standards.

Most recent DOJ investigations and settlements have focused on website accessibility. Target Corp. recently paid over $6 million to settle a website ADA class action.

For more:  http://hotellaw.jmbm.com/2012/05/ada_compliance_-_charles_schwab_settlement.html

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