by | October 5, 2012 · 6:20 am

Hospitality Industry Legal Risks: Workers File Class-Action Lawsuit Against Los Angeles Hotel For "Millions Of Dollars In Unpaid Wages"

“…(the suit) alleges that management has routinely required them to work through required lunch breaks and rest periods and after clocking out…Housekeepers also claim hotel management refused to reimburse them after requiring them to buy cleaning supplies such as sponges and gloves to clean guest bathrooms…”

The suit also alleges that a majority of Holiday Inn LAX employees are earning less than $11.97 per hour, the minimum living wage for hotel workers in the LAX corridor.

Workers at the Holiday Inn Los Angeles International Airport filed a class action lawsuit on Thursday demanding millions of dollars in alleged unpaid wages. A non-union group of bartenders, housekeepers, cooks and other workers filed the suit with support from L.A. hospitality labor union Unite Here Local 11.

Adrian Valencia, general manager at Holiday Inn LAX, said the hotel was surprised by the lawsuit.

“We had never been contacted by the union until Monday, when they stormed in yelling and screaming into the administration offices,” he said. “We pay the annual living wage increase as of July 1 each year and we have some of the best scores for a Holiday in as far as cleaning. We use proper procedures here at the hotel.”

Randy Renick, the attorney representing the workers, said the goal of the suit is to address long-standing labor grievances.

For more: http://www.labusinessjournal.com/news/2012/oct/04/lax-hotel-employees-file-suit-unpaid-wages/

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by | October 4, 2012 · 6:29 am

Hospitality Industry Security Risks: Hotel "Electronic Room Locks" Opened With "Hacking Device" Tool Disguised As "Dry Erase Marker" (Video)

[youtube=http://www.youtube.com/watch?v=QyN-8CeNSZg]

A trio of hackers have built a tool that appears to be an innocent dry erase marker, but when inserted into the port on the bottom of a common form of hotel room keycard lock triggers the lock’s open mechanism in a fraction of a second.

The security researchers who spend their days breaking into clients’ systems to find and fix security vulnerabilities often call themselves “penetration testers,” or “pentesters.” But one group of hotel lock hackers just gave the term “pentest” a very different meaning.

The inconspicuous lock hacking device is an adaption of one demonstrated at the Black Hat security conference in July by Cody Brocious, a hacker and software developer for Mozilla, who discovered and exploited a vulnerability in Onity locks, a cheap and popular hotel room lock that the company says are used on at least four million hotel rooms worldwide. Through the port on the bottom of the lock intended for a device that hotels can use to set master keys, Brocious found he was able to read the lock’s memory, including a decryption key stored on the locks that gave him access to their opening mechanism.

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by | October 3, 2012 · 6:33 am

Hospitality Industry Crime Risks: South Dakota Restaurants Report $6,000 In "Bathroom Piping" Thefts

“…two men, one with a black backpack, were caught on surveillance standing next to the restroom Monday at the Russell Street and Minnesota Avenue restaurant…when a worker checked the restroom soon after, the toilet piping was missing…”

A local fast-food chain is out $6,000 after five of its restaurants were hit by a recent string of thefts of toilet piping in Sioux Falls. Five of the 11 local Burger King restaurants have reported thefts from men’s restrooms since Thursday. The most recent was Monday. Mike Leslie, director of operations for the local Burger King cooperate office, said the suspects might be caught on surveillance.

Police spokesman Sam Clemens said Monday’s two reports push the amount of restroom thefts to 14 since Thursday. Monday’s other theft was from the Ramkota Hotel in northwestern Sioux Falls. A public restroom was hit in the hotel, Clemens said.

Leslie said he has shared surveillance with police.

For more: http://www.argusleader.com/article/20121003/NEWS/310030051/Restaurant-chain-reports-6-000-lost-bathroom-thefts

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by | October 2, 2012 · 6:17 am

Hospitality Industry Legal Risks: Small California Restaurants Face "Expensive And Time-Consuming" ADA Lawsuits, Forcing Some To Close Down

“…Texas West BBQ in Sacramento faced a lawsuit in 2007…and made the needed changes…but then, in March of this year, a second lawsuit is forcing Texas West BBQ to make more changes to be ADA-compliant…including better striping in the parking lot, wider doors, and a larger bathroom…it will cost nearly $35,000…”

An American with Disabilities Act lawsuit was the last straw for a struggling, longtime burger business. Ford’s Real Hamburgers on Sutterville Road shut down just weeks after the governor signed a new state law that would crackdown on ADA lawsuit abuse.

Several attorneys have filed an exceptional number of lawsuits based on ADA violations. Attorney Scott Johnson has filed nearly 2,200 of them in federal court. More often than not, businesses settle after paying thousands of dollars.

“It scares you because it’s so expensive and time-consuming,” said Louise Haynes.

Gov. Brown just signed a bill co-authored by Senate President pro Tempore Darrell Steinberg, D-Sacramento, that would prevent frivolous lawsuits. It would ban demand letters. It gives the defendant time to fix the ADA violations. It’ll also prevent lawyers from stacking multiple claims to increase pay-outs.

” It prevents what I like to call ‘legalized extortion,'” said Travis Hausauer who is co-chair of Californians Against Lawsuit Abuse. His Squeeze Inn Burger restaurant was sued twice by two different attorneys.

” I got sued in court the first time, then I got sued in federal court the second time around,” said Haushauer.

Many people believe the state law is a positive step. But some say it won’t stop ADA lawsuits because attorneys will continue to file lawsuits in federal court.

For more:  http://landpark.news10.net/news/news/105381-ada-lawsuit-leads-long-time-sac-burger-business-close

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by | October 1, 2012 · 6:43 am

Hospitality Industry Property Risks: Wyoming Motel Fire Causes $14 Million In Damage; Man Indicted For Role In Starting Fire

“…The fire at the historic motel, located at 1700 W. Lincolnway, destroyed guest rooms, a restaurant, the lobby and the bar. It caused about $14 million in property damage. Lodging buildings didn’t burn. It was determined that the fire was set intentionally…”

A New Mexico man has been indicted for his alleged involvement with the Sept. 15, 2010, fire at the Hitching Post Inn here. Robert Rodriguez, 44, was indicted by a Wyoming federal grand jury Friday, according to a release from the Wyoming district of the U.S. Attorney’s Office.

The two-count indictment says Rodriguez maliciously damaged and destroyed the Hitching Post by means of  fire. It also says he used fire to aid and abet mail and wire fraud. It is  unclear from the release whether charges have been filed. Rodriguez is being  detained without bail.

The investigation into the fire is ongoing, the release says. The Bureau of Alcohol, Tobacco, Firearms and Explosives is leading
the investigation with help from the Cheyenne Police Department and Cheyenne Fire and Rescue.

City officials closed the motel in September 2009, citing safety concerns and code violations.

CJM Hospitality bought the property from New Jersey-based Matiff Cheyenne Hospitality in the wake of Matiff filing for Chapter 11
bankruptcy protection.

The 10.82-acre property was appraised for more than $6 million. At the time of the fire, CJM was putting in $500,000
worth of renovations. Representatives said they planned to reopen the west side of the structure and two unattached buildings.

For more: http://www.wyomingnews.com/articles/2012/09/29/news/01top_09-29-12.txt

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by | September 30, 2012 · 7:06 am

Hospitality Industry Legal Risks: Texas Restaurant Chain Sued By EEOC For Firing "Pregnant Employees Under A Discriminatory Written Policy"

“…According to the EEOC’s lawsuit, Maryann Castillo and other female workers were laid off after the third month of their pregnancies under a written policy, set out in Bayou City Wings’ employee handbook…”

JC Wings Enterprises, LLC, doing business as Bayou City Wings, a Baytown-based restaurant chain, violated federal law when its managers laid off pregnant employees under a discriminatory policy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

  Bayou City Wings owns and operates restaurants in Baytown, Houston and surrounding areas.  The company’s district manager laid off Castillo pursuant to the policy even though she had provided a doctor’s note that indicated she could work up to the 36th week of her pregnancy and that her doctor had not placed any restrictions on her ability to work.

During the EEOC’s investigation of a discrimination charge brought by Castillo, Bayou City Wings named eight female employees who were laid off from work because of their pregnancies.  According to a Bayou City Wings general store manager, for a manager to keep a pregnant employee at work any longer would “be irresponsible in respect to her child’s safety” and would jeopardize his position with the company “for not following procedures.”

Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits employers from discriminating against employees on the basis of sex or pregnancy.  The EEOC filed suit (Civil Action No. 4:12-cv-02885) in U.S. District Court for the Southern District of Texas, Houston Division, after first attempting to reach a pre-litigation settlement through its conciliation process.   The EEOC seeks an injunction, back pay with pre-judgment interest, reinstatement or front pay, compensatory damages and punitive damages, in amounts to be determined at trial.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/9-12-26d.cfm

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by | September 29, 2012 · 6:51 am

Hospitality Industry Safety Risks: Hotel Guests At Risk Of Injury As Shower Door Glass Can Shatter With The "Force Of An Explosion"

“…court records (documented)…a federal lawsuit filed earlier this year against the Four Seasons Hotel in Chicago. A woman, who stayed at the hotel in 2007, says she opened a shower door and suddenly “the force of an explosion” threw here “violently across the toilet” and caused her “serious injuries.” Pictures are filed with the lawsuit showing tiny particles of glass layered on the hotel bathroom and filling the toilet…”

Hotels need to be really vigilant about this problem…(says) a glass expert who may soon testify in three cases where guests were injured when their shower doors shattered… “The two main types of injuries are where their bodies get cut and the other ones are where they are walking out on glass and cutting their feet.”

Another couple posts video on Vimeo showing what allegedly happened to them during their Hawaiian honeymoon at the Ohana Hotel in Waikiki West. You can hear the water running from the shower, see his wife standing in the water, and feel her pain as she obviously had to find a way out through shattered glass all over the floor. The new groom, Lance Ogren, looks into his own home video camera and says, “I heard her start to open (the shower) and I heard a big crash.” Ogren tells CBS 11 news the hotel gave them an apology and a new room.

Meshulam says most shower doors have tempered glass which is heated and then cooled creating tension for durability. He demonstrated how hard it is to break slamming a hammer into a tempered glass shower door several times before it finally shatters. He says the door are considered safe because under stress they shatter into tiny pieces; however, he says there are several reasons why a shower door might explode.

One is a small crack, like the one in your windshield, that just slowly grows out like a spider web. “When it hits a certain part of the glass where all those internal tensions are residing then everything blows up.” He also says towel bars might not be installed properly. Or, doors may not slide on the tracks correctly. These can cause pressure over time. Finally, there could be a problem during the manufacturing process if a microscopic grain of nickel sulfide gets trapped inside the glass. This manufacturing defect is a “ticking time bomb.”

For more:  http://dfw.cbslocal.com/2012/09/28/cbs-11-investigates-shattering-shower-doors/

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by | September 28, 2012 · 6:16 am

Hospitality Industry Legal Risks: California Hotel Sued By Family Of Woman Killed Crossing Street To Parking Lot; "Duty To Ensure Safety Of Guests"

“…The civil complaint alleges The Cliffs Resort has a duty to ensure the safety of its customers but failed to do so…the location is dangerous because resort patrons who do not use valet service must park on the east side of Shell Beach Road…they must cross the busy street without the benefit of a crosswalk, traffic controls, warning signs, or proper lighting…the lawsuit claims.”

The family of a woman struck and killed by an SUV while crossing Shell Beach Road in Pismo Beach nearly a year ago has filed a lawsuit seeking to improve safety at the site. The lawsuit was filed April 11 against The Cliffs Resort and the city of Pismo Beach by San Luis Obispo personal injury lawyer  Ryan Harris on behalf of the family of Tricia Rittger.

The Los Osos resident was 39 when she was struck Nov. 19, 2011, in front of the hotel and subsequently died, leaving behind husband Aaron and a 4-year-old daughter.

Harris said the lawsuit seeks to force The Cliffs and the city to improve safety for customers walking from the parking lot across Shell Beach Road to the hotel and restaurant.

For more: http://www.timespressrecorder.com/articles/2012/09/28/news/news54.txt

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by | September 27, 2012 · 6:08 am

Hospitality Industry Health Risks: "Wrongful Death" Lawsuit Filed Against Illinois Hotel For Legionnaire's Disease Outbreak Tied To Fountain In Lobby

“…Health officials tied the outbreak to the main fountain in  the hotel lobby. The plaintiff …alleges the  hotel didn’t properly maintain the fountain and said the company neglected to  prevent visitors from walking near the fountain when the hotel should have known  about the bacteria…”

The family of a Florida man who died after catching  Legionnaire’s disease at a Loop hotel has filed a wrongful death suit against  Marriott International. Luis Enrique Acevedo Muro was one of three people who died  after being exposed to Legionella bacteria at the JW Marriott Chicago Hotel, at  151 W. Adams St., according to the lawsuit and public health officials.

Acevedo Muro, of Key Biscayne, Fla., contracted Legionnaire’s  disease after  staying at the hotel from Aug. 1 to Aug. 3, the suit claims. He  died Aug. 14.

The eight-count suit, filed Wednesday in Cook County Circuit  Court,  claims wrongful death and survival action against Marriott and   Chicago-based developer The Prime Group, Inc.  It seeks an unspecified  amount in  damages. Neither company could be reached for comment Wednesday evening.

Legionnaires’ disease is contracted by breathing in mist or  vapors from water contaminated with the Legionella bacteria and usually develops  two to 14 days after exposure. It frequently begins with headache, high fever  and chills, and progresses by the second or third day to include a cough, chest  pain and shortness of breath.

Source: http://www.nbcchicago.com/news/local/legionnaires-disease-outbreak-chicago-hotel-marriot-171439911.html#ixzz27g7k8GHy

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by | September 26, 2012 · 6:17 am

Hospitality Industry Crime Risks: "Strong Smell" Leads Police To Meth Lab In Florida Motel Room

“…It’s  a huge public safety issue. The chemicals involved are volatile, can be volatile especially when mixed together. People that don’t know what they’re doing, even people who are experienced at cooking, still cause fires, explosions…”

Two men are accused of setting up a meth lab in a Tallahassee motel. It happened at the Super 8 motel on North Monroe Street.  Deputies say a tip led them to room 229 and the strong smell led them to a meth lab inside.

Jack Peppers and Kevin Smith – both of Thomasville – are accused of trafficking in meth, manufacturing meth and having the ingredients to make more. Deputies say one batch of the meth was ready and divided up for use.  Another batch, they say, was being chemically cooked upstairs.

“The dry product, we had about 16 grams which is worth about $1600 on the street which is pretty significant for what they consider a small lab,” said SGT Ed Cook with LCSO’s Vice and Narcotics Unit. “They also had another 500 grams of product that was still cooking.”

Deputies had to ventilate the room for hours before going inside to clean it up.  They say all of the adjoining rooms were vacant so they did not have to evacuate any other motel guests.

For more:  http://www.wctv.tv/news/headlines/Meth-Bust-at-Tallahassee-Motel-171177501.html

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