Tag Archives: Lawsuits

by | November 10, 2012 · 7:57 am

Hospitality Industry Employee Risks: California Hotel Settles "Sexual Harassment And Retaliation Lawsuit" With EEOC For $195,000

In 2010, a female employee filed the EEOC charge of discrimination alleging that a male supervisor made sexual comments and referenced an image of a sexual nature.  The female employee further alleged that upon reporting the sexual harassment, the male supervisor retaliated against her by issuing written discipline and treating her differently.

DNC Parks & Resorts at Tenaya, Inc. which operates Tenaya Lodge, a hotel and resort near Yosemite National Park in California, will pay $195,000 and furnish other relief to settle a federal charge of sexual harassment and retaliation filed with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

Following an EEOC investigation, the director of EEOC’s Fresno Local Office determined that there was reasonable cause to believe that the female employee was sexually harassed due to her gender, female, and that she was subjected to retaliation for reporting the harassment, a violation of Title VII of the Civil Rights Act.  The EEOC also found reasonable cause to believe that a class of other female employees was also sexually harassed due to gender.  Tenaya Lodge denied the allegations of sexual harassment and retaliation, and the company did not admit to liability while agreeing to settle the matter.

Following the EEOC’s determination, the EEOC entered into a one-year conciliation agreement with Tenaya Lodge and the female employee in question.  The agreement effectively settles the case administratively, thereby avoiding litigation.  The agreement provides for $100,000 in monetary relief for the female employee who filed the EEOC charge.  An additional $95,000 is designated as a class fund for eligible claimants who also encountered sexual harassment and/or retaliation while working at Tenaya Lodge.

Aside from the monetary relief, Tenaya Lodge will provide equal employment opportunity training for all current employees and, thereafter, for all new hires in the language that the employee understands, along with additional training for managerial and human resources staff on how to deal with discrimination, harassment and retaliation.  Tenaya Lodge also agreed to post a notice about the settlement in English and Spanish; to report future instances of discrimination to the EEOC; and to publicize the settlement via press release.

Workers have the right to report sexual harassment or other forms discrimination on the job without negative repercussions,” said Melissa Barrios, director of the EEOC’s Fresno Local Office.  “We commend Tenaya Lodge for working with the Commission to resolve this matter and for agreeing to implement measures to protect their employees from harassment, discrimination and retaliation.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-7-12.cfm

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by | November 7, 2012 · 7:48 am

Hospitality Industry Security Risks: Florida Hotel And Management Company Ordered To Pay $1.7 Million To Victim Of "Car Jacking" In Parking Lot; "Inadequate Hotel Security And Burned Out Lights In Parking Area"

“…evidence showed “security was present, but spent more time delivering bed items, towels, and bell carts to guests rather than patrolling the exterior of the hotel and serving as a deterrent to crime. The hotel provided a ‘uniformed housekeeper,’ not security…”

In addition, lights that would have illuminated the area where the crime occurred were burned out and hadn’t been replaced for months.

An Orange County jury Friday ordered Hilton Embassy Suites, Interstate Management Company, and SecurAmerica to pay a combined $1.7 million dollars in restitution to Troy Anderson, who was shot in 2008 while parking his car at the Hilton Embassy Suites on Jamaican Court, near International Drive.

Anderson filed a lawsuit in 2009 for the shooting that occurred on the premises of the Hilton Embassy Suites on September 26, 2008, when he was shot multiple times during a car jacking. He sustained serious and life-threatening injuries as a result. (Troy Anderson v. Hilton Hotels, et al., Case No. 2009-CA-040473-O, Fla. 9th Judicial Cir.).

A former Regional Manager, Chuck Klawitter, testified the hotel would “wait until enough lights were burned out to justify getting a ‘hi-light’ to replace the burned out lights.” Klawitter and two other former SecurAmerica employees, Emmanuel Denau, a former Quality Assurance Supervisor, and Rob Wombolt, a former Operations Manager, testified they brought their security concerns to the attention of the hotel and the security company.

Witnesses testified that the area where hotel personnel instructed Mr. Anderson to park his vehicle was “very dark,” even though it was only 50 or 60 feet from the hotel entrance. Crime Scene Investigator (CSI), Gerardo Bloise, Orange County Sheriff’s Department (OCSO), photographed and documented the scene and his photographs confirmed that a critical floodlight intended to illuminate the area where Mr. Anderson parked was not working on the night he was shot. CSI Bloise confirmed in his testimony the area was “very dark.”

Assistant Hotel General Manager, Victor Vergara, claimed and testified at trial, contrary to the evidence, that all the lights were working and the parking lot lighting was “perfect.”

Jurors also learned that a similar strong-armed robbery had occurred in the parking lot of the Embassy Suites ten days prior. Deputy Lourdes Clayton of the OCSO appeared on the scene of the armed robbery ten days earlier and was on the Hilton Embassy Suites’ property for approximately an hour. The hotel and security company denied knowing she was on the property though in following protocol she would have arrived with lights and sirens on as the call was a Code 3 emergency. She also completed an “incident report,” which is a public record and which was brought out in her testimony at trial where she verified she was on the property for “approximately an hour.” The victim who was robbed at gunpoint, 72-year-old Roger Kraft from Ohio, stayed an additional two nights at the hotel, yet the hotel and security company argued he did not tell anyone about being robbed despite the fact his wallet, cash, and credit cards were stolen. Allen told the jury the assertion was “ridiculous.” Mr. Kraft unfortunately passed away a year and a half ago.

For more:  http://news.yahoo.com/orlando-hotel-ordered-pay-1-7-million-dollars-082430903.html;_ylt=A2KJjakMeZpQcGcAaXDQtDMD

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by | November 3, 2012 · 7:30 am

Hospitality Industry Employment Risks: Hawaiian Restaurant Group Sued By EEOC For "Rampant Sexual Harassment Of Female Employees"

In its lawsuit, the EEOC asserts that a class of at least nine female servers and bartenders were repeatedly bombarded with sexual propositions, explicit sexual remarks, groping, grabbing, and exposure of genital areas by male managers, and even ordered to perform sexual favors for high-level Señor Frog officials. 

Señor Frog’s, a popular chain of Mexican-themed restaurants and bars, violated federal law by allowing the rampant sexual harassment of its female employees in Honolulu by high-level officials including the company owner, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today against both Señor Frog’s and Altres, Inc.  Altres, a Hawaiian staffing company, was contracted by Señor Frog’s to provide human resources services and oversee the company’s non-management staff at the Señor Frog’s restaurant & bar in Honolulu.

The widespread sexual harassment was out of control, stemming from Señor Frog’s owner himself, who permitted other Honolulu restaurant managers and supervisors to do the same, according to the EEOC.  Women were also treated differently with respect to being passed over for promotions, obtaining less favorable shifts and earning less than their male counterparts.

The EEOC contends that at least one of the victims was compelled to quit as a result, while others were disciplined or had their hours cut in retaliation for complaining of the harassment and discrimination.  As the joint employer, the EEOC claims that Altres is also liable for the hostile work environment endured by the Señor Frog’s staff, many of whom were employed by Altres on paper, according to company records.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964.  The EEOC filed suit (EEOC v. La Rana Hawaii, LLC dba Señor Frog’s & Altres, Inc., Case No. CV-11-00799 LEK BMK) after first attempting to reach a pre-litigation settlement through its conciliation process.  The EEOC’s suit seeks all available relief, including lost wages, front pay and compensatory and punitive damages for the class of women.  Substantial remedies, including policy changes and staff training, are also being sought by the EEOC in order to prevent and appropriately address future instances of sexual harassment, discrimination and retaliation.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/11-2-12.cfm

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by | November 2, 2012 · 6:48 am

Hospitality Industry Legal Risks: "Data Breach Class-Action Lawsuits" Are Increasing As Judges Widen View To Include "Future Damages"; Average Settlements Of $2500 Per Plaintiff

“…Until a couple of years ago, courts would routinely dismiss lawsuits stemming from data breaches, such as the latest in South Carolina, unless the victims could show specific damages. Judges have since widened their view and are awarding class-action status to lawsuits that can show actual damages or a real possibility of future damages…”

The payout for companies on the losing side of a class-action suit can be substantial. A recent survey of data breach litigation found the average settlement award of $2,500 per plaintiff, with mean attorney fees reaching $1.2 million, according to a study by Temple University Beasley School of Law.

How federal courts define the damages people suffer from data breaches is broadening dramatically, leaving unprepared companies at greater risk of big payouts in class-action lawsuits, lawyers from a prominent law firm say.

Jeffrey Vagle, a lawyer with Pepper Hamilton, described as a “sea change” judges’ thinking. “Courts are starting to pick up on the fact that the data that can get out there can cause serious harm, maybe not immediately, but sometime in the near future,” Vagle said.

Examples include a case in which a laptop containing unencrypted personal data of Starbucks employees was stolen. While there was no evidence that the data was misused, the Ninth Circuit Court ruled in 2010 that the risk alone was enough to warrant a lawsuit, Vagle and colleague Sharon Klein said in a Client Alert published on the law firm’s website.

Data breaches have become a fairly common occurrence among companies of all sizes. Last year, 174 million data records were loss in 855 separate incidents, according to a recent report from Verizon. A 2011 Ponemon Institute survey of 583 IT and IT security professionals in the U.S. found that 90 percent of the organizations they represented had suffered at least one data breach.

To lessen potential damages, Pepper Hamilton recommends beefing up technical and physical security wherever possible. While no technology is 100% hacker proof, courts tend to compare what a company has in place to what is considered best practices for businesses of the same size and in the same industry. Taking all reasonable steps to prevent data theft can lessen damages.

Also, information shouldn’t be linked to individuals, unless absolutely necessary, and a notification policy needs to be in place, so people affected by data breaches are warned as quickly as possible.

A bill pending in Congress would set a national standard for data breach notification, replacing the variety of state laws that exist today. Introduced in June, the Data Security and Breach Notification Act would also set maximum damages and define what is considered a breach.

Irrespective of the bill’s fate, companies need to establish clear policies and procedures for handling data breaches when they occur. Klein recommends a dry run to ensure that everyone understands the steps that need to be taken.

“Many companies still believe that it only happens to the other guy,” Klein said. “And because of that, [they] have not done the blocking and tackling and preventative work upfront.”

For more:  http://m.csoonline.com/article/720128/courts-widening-view-of-data-breach-damages-lawyers-say?goback=.gde_922967_member_180838402

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by | November 1, 2012 · 6:30 am

Hospitality Industry Legal Risks: Restaurants And Bars Are Being Sued For "Illegally Playing Licensed Music" By Major Protective-Rights Organizations; "Thousands Of Dollars Per Violated Song"

“…Broadcast Music, Inc. has sued hundreds of establishments across the country, including bars and restaurants in southwest Ohio, for playing BMI-licensed songs without a proper license…a search of civil court records shows that BMI Inc. — one of three main protective-rights organizations — usually settles out of court or gets a summary judgement and, in either case, collects thousands of dollars per violated song…”

Dozens of Ohio businesses have been sued and made to pay tens of thousands of dollars for playing music without proper licensing. The lawsuits are part of a concerted effort by such organizations to enforce copyrights and could serve as a warning to other businesses illegally playing licensed music.

“The entertainment industry is in a frenzy not knowing how to protect – put fences around — their copyrights in the digital age, because there’s nothing really that can preclude a perfect digital copy,” said University of Dayton law professor Tracy Reilly, who teaches courses about real property and intellectual property.

The Pub at The Greene in Beavercreek paid more than $30,000 to BMI after a Southern Ohio United States District Court civil case for playing four BMI-licensed songs such as Van Morrison’s Brown Eyed Girl and Johnny Cash’s I Walk The Line.

“How many times do you go into a restaurant and hear them playing a radio station, for example,” said attorney David Rickert, who represented The Pub but could not speak directly about the case due to a confidentiality clause. “Technically, you need a license for that. I think it’s something people just aren’t aware of. Now they’re starting to crack down a little bit on it.”

For more:  http://www.daytondailynews.com/news/news/crime-law/area-bars-sued-for-lack-of-music-licenses/nSsqX/

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by | October 26, 2012 · 6:40 am

Hospitality Industry Legal Risks: Oklahoma Restaurant Group Sued By Labor Department For Violating Fair Labor Standards Act; Fixed Salaries Without Overtime And Tips Alleged

“…FLSA-covered employees, who in some cases worked as many as 72 hours in a week, were paid a fixed salary without overtime compensation for hours beyond 40 in a week. In addition to overtime violations, this practice resulted in minimum wage violations because employees did not always receive at least the federal minimum wage of $7.25 per hour. Investigators also found that wait personnel were required to turn their tips over to management at the end of every shift, which caused their pay to fall below the minimum wage. Finally, the employer did not keep proper records as required…”

The U.S. Department of Labor has filed a lawsuit against Tulsa-based El Tequila LLC and owner Carlos Aguirre after an investigation by the department’s Wage and Hour Division found that the defendants violated the Fair Labor Standards Act’s minimum wage, overtime and record-keeping provisions. These violations resulted in a total of approximately $1 million in unpaid wages owed to 221 kitchen and wait staff, hosts and bussers at four restaurant locations.

The suit was filed in the Northern District of Oklahoma, Tulsa Division, and it seeks to recover the full amount of back wages for the employees as well as an injunction prohibiting future violations of the FLSA.

“The restaurant industry employs some of our country’s lowest-paid, most vulnerable workers,” said Secretary of Labor Hilda L. Solis. “When violations of the FLSA are discovered, the Labor Department will take appropriate action to ensure workers receive the wages they have earned and to which they are legally entitled.”

Violations were found at the company’s restaurants on Memorial Drive and South Howard Avenue in Tulsa, East 86nd Street North in Owasso and North Elm Place in Broken Arrow.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates for hours worked beyond 40 per week. In accordance with the FLSA, an employer of a tipped employee is required to pay no less than $2.13 an hour in direct wages provided that amount plus the tips received equals at least the federal minimum wage of $7.25 an hour. If an employee’s tips combined with the employer’s direct wages do not equal the minimum wage, the employer must make up the difference. Employers are required to provide employees notice of the FLSA’s tip credit provisions, to maintain accurate time and payroll records, and to comply with the act’s restrictions applying to workers under age 18.

For more: http://www.dol.gov/opa/media/press/whd/WHD20122050.htm#.UIqdN4b0_h8

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by | October 24, 2012 · 6:12 am

Hospitality Industry Legal Risks: Illinois Hotel Guest Files "Negligence Lawsuit" After Stepping In "Drainage Hole" In Parking Lot; Seeks $50,000 In Damages For Medical And Court Costs

“…it (was)…difficult to see a drainage hole in the parking lot. When he stepped in the hole, Wright says he tore his right meniscus and will need to have a full knee replacement in the next few years to repair the injury…”

An O’Fallon hotel is being sued after one if its guests allegedly hurt his knee when he stepped in a hole in the hotel’s parking lot. Samuel Wright filed a lawsuit Oct. 5 against Kingston Hotel Group LLC in St. Clair County Circuit Court.

According to the petition, Wright and his family were staying at the Candlewood Suites in O’Fallon in July 2011. Wright says he left the hotel through the west exit door to go to his car in the parking lot. The surface of the parking lot was exceptionally dark, Wright claims, because of some asphalt sealant the hotel had applied to it.

Wright accuses Kingston Hotel Group, the owner of the hotel, of negligence for allegedly failing to warn guests of the potential hazard in the parking lot. He asks for more than $50,000 in damages for medical expenses and court costs.

For more: http://madisonrecord.com/issues/366-personal-injury/247261-candlewood-suites-in-ofallon-sued-over-customers-trip-in-parking-lot

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by | October 19, 2012 · 6:46 am

Hospitality Industry Legal Risks: Florida-Based Restaurant Group Faces Five Separate "Federal Labor Law Class-Action Lawsuits"; Employees Required To Work "Off The Clock" And Skip Required Breaks

“…Lawsuits filed by the Mexican-American Legal and Education Fund accuse Darden Restaurants—which owns the Capital Grille, Red Lobster and Olive Garden chains—of violating state and federal labor laws…the suits claim the restaurants regularly ask employees to work off the clock, skip legally required breaks and report to work when sick…”

The world’s largest full-service restaurant ownership company faces five separate class-action lawsuits filed by a group that works to protect restaurant workers’ rights.

The litigation began as a single class-action lawsuit filed in federal court in Chicago, with state class-action claims covering workers in Illinois, as well as California, Florida, Maryland and New York. Eventually, the lawsuit was severed into five jurisdictions due to the large size of the classes and the complexity of the various state claims. Five regional U.S. District Courts will hear the cases.

The lawsuits were initiated by the Restaurant Opportunities Cen­­ters United, which seeks to improve wages and working conditions for low-wage restaurant workers.

For more:  http://www.businessmanagementdaily.com/33010/worker-advocates-cook-up-five-suits-against-restaurant-group

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by | October 18, 2012 · 6:12 am

Hospitality Industry Health Risks: North Carolina Restaurant Settles "Food Contamination" Class-Action Lawsuit For $375,000; Hundreds Had To Be Vaccinated For Hepatitis Virus

“…the lawsuit alleged that the restaurant chain exposed customers to potentially contaminated food or people, cost them wages and medical expenses, and caused fear and physical pain…a $375,000 fund has been set up by the restaurant’s parent company… to settle a class-action lawsuit…”

A lawsuit has been settled involving hundreds of people who had to be vaccinated after eating at a Fayetteville restaurant last year. The Fayetteville Observer reported those who were immunized after eating at the Olive Garden restaurant are eligible for payments of up to $250.

Hundreds of people got vaccinations after learning that one of the restaurant’s workers had tested positive for the virus, which causes liver inflammation.

Florida-based GMRI denied any wrongdoing but said it wanted to settle to end the litigation.

For more:  http://www.northjersey.com/news/health/174592761.html

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by | October 16, 2012 · 6:02 am

Hospitality Industry Safety Risks: Texas Hotel Sued For "Negligence" After Man Slips And Falls Down Flight Of Stairs; Failure To Post Warning Of Wet Carpet

“…According to the lawsuit, the hotel had washed, shampooed or cleaned its carpets prior to Steele’s arrival and left them in a wet and slippery condition without any warning to Steele…”

The defendant is accused of negligence for failing to inspect its premises to be sure that they were free of unreasonably dangerous conditions, dry its floors after cleaning, limit access to areas in which the floors were not yet dry, warn its invitees of the existence of the wet floors, select and hire competent contractors in such a way as to ensure that they were not creating an unreasonable risk of harm to invitees.

A Louisiana man has filed a lawsuit against the owners of a Comfort Inn claiming that they failed to warn him that the carpet was wet, which caused him to fall down an entire flight of stairs. Walter Steele filed suit against Laxmi Lodging Inc. on Oct. 12 in the Eastern District of Texas, Marshall Division.

The incident occurred on Sept. 9, 2012 as Steele was attempting to exit a Comfort Inn in Palestine, Texas, owned by the defendant by the way of the staircase when his foot slipped on the wet flooring causing him to fall down an entire flight of stairs and onto the concrete floor.  The fall caused Steele serious and permanent disabling injuries to his back and spine.

The plaintiff is seeking damages for medical expenses, lost earnings, physical impairment, pain, suffering, mental anguish, and lost earning capacity.

For more:  http://setexasrecord.com/news/275705-hotel-owner-sued-after-patron-falls-down-flight-of-stairs

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