Tag Archives: Lawsuits

by | July 18, 2012 · 6:45 am

Hospitality Industry Legal Risks: Pennsylvania Casino Sued By Former Waitresses For Discrimination After Demotions For Becoming Pregnant; Violated "7% Body Weight Rule"

“…a rule remains that Parkettes and their male equivalents, Park Men, must not deviate more than 7 percent from their body weight when they were hired… these employees are considered entertainers because they participate in calendar and talent contests and make public appearances off-site. No other casino staffers are subject to the weight requirement…”

Two former cocktail waitresses have filed a federal lawsuit against Parx Casino, in Bensalem, Pa., claiming they were demoted when they became pregnant. Parx’s chief counsel said the casino’s policy has changed since the women filed complaints with the Equal Employment Opportunity Commission in 2009. The establishment now provides maternity versions of its skimpy uniforms to its cocktail waitresses, who are known as Parkettes.

Parkettes Alycia Campiglia, 27, and Christina Aicher, 31, who both became pregnant while working for the casino in 2008, claim that when they told managers they were pregnant, they were informed they could continue as Parkettes only until their costumes no longer fit, according to their lawsuit filed July 5.

Both women said they were offered transfers to the concession stand or players services, but they said they wouldn’t be able to earn tips. The EEOC determined in August 2009 that Parx had discriminated against pregnant cocktail servers.

“We changed the policy to say you can work (as a Parkette) if you’re pregnant,” said Thomas Bonner, Parx’s chief counsel and vice president. “We do have maternity costumes now.”

What hasn’t changed, though, is Parx’s strict weight limitations. Parkettes and Park Men are subject to periodic weigh-ins, and if they fail, they are subject to termination.

In 2006, cocktail waitresses at the Borgata Hotel Casino in Atlantic City filed a $70 million lawsuit against the casino for instituting a 7 percent weight-gain policy. The lawsuit was settled out of court in 2008 for terms that weren’t disclosed.

Last year, Resorts Casino in Atlantic City was hit with three lawsuits that are pending from veteran cocktail waitresses who claim that they were demoted or let go because they were too old or not sexy enough for the new flapper costumes.

For more:  http://www.thonline.com/news/national_world/article_e43a2ab7-1ca0-5a3d-8f10-7f9d0e2a561b.html

Comments Off on Hospitality Industry Legal Risks: Pennsylvania Casino Sued By Former Waitresses For Discrimination After Demotions For Becoming Pregnant; Violated "7% Body Weight Rule"

Filed under Claims, Insurance, Labor Issues, Management And Ownership, Risk Management

Tagged as , , , ,

by | July 16, 2012 · 6:32 am

Hospitality Industry Spa Treatment Risks: Florida Hotel Sued By Woman Who Claims "Near-Fatal Massage And Treatment" Has Resulted In Two Years Of Medical Expenses

“…a spa employee slathered her in aromatic essential oils, aloe, and shea butter. But the curvy Jersey girl began to have doubts when she was wrapped tightly in a “cellophane-type material” and helped inside something called an Alpha Massage Capsule. It looked like a space-age coffin…”

“…Once inside, she couldn’t move. As the temperature soared, she started to become overheated and lightheaded. She shouted for help, but the attendant had vanished, the lawsuit says. Then Berean passed out…”

According to a lawsuit she filed earlier this month, Berean’s spa treatment (at the Howard Johnson Hotel in Miami Beach in July 2010) turned into one hot, buttery nightmare. The spa promised to leave her skin “glowing,” but Berean’s “hot butter wrap” nearly melted her instead. After two years of medical bills, she wants payback.

“She was stuck in this little heating egg,” says Berean’s lawyer, Andrew Norden. “She yelled, but nobody came to help her. Then she passed out. It was terrifying for her.”

Lawyers representing Nirvana Spa did not respond to requests for comment. Berean also declined to speak to New Times about her ordeal, but her attorney and lawsuit paint a terrifying picture of relaxation gone awry.

When the Nirvana Spa employee finally returned, she took Berean out of the capsule and unwrapped her like an aborted butterfly. Berean gradually came to, but instead of calling paramedics, the employee put the barely conscious client into the shower and left her alone again, according to the lawsuit. Berean fainted a second time and hit her head.

Berean has undergone “extensive medical care and treatment” because of the near-fatal massage, the lawsuit claims. But Natalia Bazhenova, Nirvana’s current manager who joined the spa after the incident, says the story sounds suspicious.

For more:  http://blogs.miaminewtimes.com/riptide/2012/07/woman_sues_nirvana_spa_on_miam.php

Comments Off on Hospitality Industry Spa Treatment Risks: Florida Hotel Sued By Woman Who Claims "Near-Fatal Massage And Treatment" Has Resulted In Two Years Of Medical Expenses

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

Tagged as , , ,

by | July 9, 2012 · 4:01 pm

Hospitality Industry Security Risks: Husband Of Slain Woman Sues California Hotel In Wrongful Death Lawsuit; Claims Homeless People Were Known Threat To Guests

“…court documents say that hotel security were aware that homeless people and others had committed “assaults with deadly weapons, thefts, and other disturbances,” but “failed to take any security measures” to keep guests safe, the complaint alleges…”

The lawsuit claims that a homeless man or “uninvited third party” walked through an unsecured first-floor door and killed Finley’s wife while he was sleeping in the couple’s sixth-floor room.

A wrongful death lawsuit against the Biltmore Hotel moved forward on Monday when a man whose wife was found dead at the LA landmark during an audition for “America’s Got Talent” alleged the hotel destroyed evidence to cover up the slaying of his wife.

The body of his wife, Laura, was found in a stairwell at the famed downtown hotel on Oct. 23, 2010.

Hotel security failed to warn guests about security issues related to remodeling work being done on the first and second floors, court documents said.

Hotel security found Laura Finley’s body at the bottom of the first-floor staircase. The body of the 48-year-old woman was found with no top and wearing pants that were inside out. Her diamond rings were missing, court papers said.

For more:  http://www.nbclosangeles.com/news/local/Americas-Got-Talent-Audition-Death-Biltmore-Hotel-161855745.html

Comments Off on Hospitality Industry Security Risks: Husband Of Slain Woman Sues California Hotel In Wrongful Death Lawsuit; Claims Homeless People Were Known Threat To Guests

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

Tagged as , , , , ,

by | July 7, 2012 · 6:59 am

Hospitality Industry Legal Risks: Washington Hotel Owners Agree To Pay $365,000 To Settle EEOC Harassment Lawsuit

Among other incidents cited in the EEOC statement, the general manager threw a stapler at one employee, and told another she was nothing but a welfare mother and should abort her pregnancy.

Two hotel groups have agreed to pay $365,000 to settle a harassment lawsuit brought by the federal Equal Employment Opportunity Commission in connection with the alleged actions of a general manager who worked for two hotels in the state of Washington.

According to a statement issued by the EEOC on Thursday, the unidentified general manager of the Best Western Evergreen Inn in Federal Way, Wash., and the Best Western Tacoma Dome in Tacoma, Wash., “persistently harassed and denigrated women, including those who were minorities and had strong religious beliefs, in violation of the federal law.” Court papers identify the general manager as Syed Ahmed.

The EEOC said female employees were subjected to the constant use of racial slurs and derogatory sex-based and racial comments.

For more:  http://www.businessinsurance.com/article/20120706/NEWS07/120709937?tags=%7C70%7C75%7C303

2 Comments

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

Tagged as , , , ,

by | July 5, 2012 · 6:14 am

Hospitality Industry Employment Risks: South Carolina Hotel Settles Sexual Harassment And Retaliation Lawsuit With EEOC For $90,000

“… from at least August 2007 until January 2009, the hotel’s male general manager subjected the women to sexual comments, sexual advances and unwelcome touching. When Tamara Byrd reported the sexual harassment to the defendants’ corporate office, the defendants failed to properly investigate or stop the harassment. The general manager then discharged Byrd. The EEOC contends that Byrd’s discharge was because she refused the general manager’s unwelcome sexual advances and in retaliation for her complaints of sexual harassment to the corporate office…”

The operators and management company of a Holiday Inn Express in Simpsonville, S. C., will pay $90,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced Monday.

The agency had charged that the defendants, Imperial Investments Greenville, Inc. and Imperial Investments Group, Inc., violated federal law by subjecting several female employees to a sexually hostile work environment at the hotel. The lawsuit further charged that one woman was unlawfully fired in retaliation for complaining about the sexual harassment. Such alleged actions violate Title VII of the Civil Rights Act of 1964 which prohibits sex discrimination, including sexual harassment, and retaliation.

According to the EEOC’s suit, the defendants maintained a sexually hostile working environment for Tamara Byrd, Pamela Kral, and Billie Jones. More specifically, the complaint alleged thatIn addition to $90,000 in monetary damages to be split among the harassment victims.

For more:  http://thejobmouse.com/2012/07/05/simpsonville-hotel-to-pay-90000-to-women-subjected-to-sexual-comments-propositions-and-touching-by-male-supervisor/

Comments Off on Hospitality Industry Employment Risks: South Carolina Hotel Settles Sexual Harassment And Retaliation Lawsuit With EEOC For $90,000

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

Tagged as , , , ,

by | June 29, 2012 · 7:07 am

Hospitality Industry Employee Risks: Illinois Restaurant Sued For $50,000 By Guest Claiming "Battery And Negligence" After Employee Assault

“…(restaurant employee) came from behind  the pick-up counter to attack Shears, “violently pushing her the glass front  door causing the glass door to shatter” and severely injure Shears’ leg,  according to the suit…Shears is suing (employee) and the restaurant for battery and negligent and  intentional infliction of emotional distress…”

A woman is suing a Chicago restaurant and its employee for  $50,000 after she claims she was violently thrown through a glass door for  requesting extra packets of sauce.

A lawsuit filed this week in Cook County Court states the incident happened  after Chicago resident Tiawanda Shears placed a to-go order at the New China Wok  Limited, at 752 W. Garfield Blvd., on May 14. 

After receiving her food, Shears noticed the order contained  only one sauce packet and “politely” asked employee Hui Tian Wu for more sauce,  according to the lawsuit.

Comments Off on Hospitality Industry Employee Risks: Illinois Restaurant Sued For $50,000 By Guest Claiming "Battery And Negligence" After Employee Assault

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

Tagged as , , , ,

by | June 24, 2012 · 6:13 am

Hospitality Industry Employment Risks: Missouri Restaurant Settles "Sexual Harassment" Lawsuit With EEOC; $23,000 Payment And Employee Training Part Of Settlement

The victim will receive the payment and the training will be for all management and non-managemnt employees at its Galleria location.  Villa Galleria also agreed to report internal complaints of sex harassment to the EEOC for the decree’s 18-month term.

A restaurant in the Galleria will pay $23,000 and provide training against sexual harassment to all employees as the result of a sexual harasssment lawsuit settlement, according to the U.S. Equal Employment Opportunity Commission.

The EEOC filed a suit last September that alleged Villa Galleria allowed an employee to be subjected to sexual harassment by an assistant supervisor.  The employee alleged the supervisor tried to put his hands up her skirt and kiss her.

For more:  http://www.ksdk.com/news/article/325114/3/Galleria-restaurant-settles-sexual-harassment-lawsuit

Comments Off on Hospitality Industry Employment Risks: Missouri Restaurant Settles "Sexual Harassment" Lawsuit With EEOC; $23,000 Payment And Employee Training Part Of Settlement

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

Tagged as , , , , , ,

by | June 23, 2012 · 6:23 am

Hospitality Industry Legal Risks: Nevada Hotel Owner Files "Trademark Infringement" Lawsuit Against Website Operator; Judge Issues Temporary Restraining Order

The suit says Marchex has been using a domain name called Aceplay.com, purporting to offer information about the Stratosphere and three other American Casino properties; the two Arizona Charlie’s in Las Vegas and the Aquarius in Laughlin…The suit also claims the website at issue infringed on American Casino’s “ace PLAY” loyalty club trademark.

“…U.S. District Court Judge Gloria Navarro issued a temporary restraining order requiring a domain name registrar to immediately remove or disable the aceplay.com domain name, place it on “hold and lock” and transfer it to the control of the court…”

According to the LasvVegasSun.com, the owner of the Stratosphere hotel-casino in Las Vegas has filed  suit against Marchex (MCHX) for alleged trademark infringement over the domain name AcePlay.com. American Casino claims in its suit that Marchex Sales Inc. has been involved in trademark infringement and ‘’cybersquatting,’’ which involves the registration of a website domain name that is similar to another party’s trademarked-name. Wednesday’s lawsuit says the site also includes links to online gaming sites and that Marchex is believed to generate “click-through” revenue from the online casinos.

American Casino “owns the exclusive right to use its ace PLAY trademark in connection with gaming services”

For more:  http://www.thedomains.com/2012/06/22/marchex-gets-sued-by-the-stratosphere-hotel-casino-in-las-vegas-over-the-domain-aceplay-com/

Comments Off on Hospitality Industry Legal Risks: Nevada Hotel Owner Files "Trademark Infringement" Lawsuit Against Website Operator; Judge Issues Temporary Restraining Order

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

Tagged as , , , , ,

by | June 20, 2012 · 6:15 am

Hospitality Industry Safety Risks: Virginia Hotel Sued For $250,000 By Guest Who Fell Down Stairwell During Power Outage; No Emergency Lights Above Door To Stairwell

“…(the plaintiff) unknowingly stepped into a stairwell and fell 14 steps, according to the suit. It states there were no emergency lights above the door to the stairwell or on the stairwell itself. Christians claims he received permanent injuries, and continues to have physical pain, mental anguish and lost wages…”

A Loudoun County man is suing The Homestead in Hot Springs after falling down a flight of stairs during a power outage at the luxury hotel and spa. Allan Christian, of 20934 Winola Terrace, Ashburn, filed the $250,000 lawsuit Monday in U.S. District Court, according to online court records.

He was in one of the hotels’ restaurants at about 9 p.m. June 19, 2010 when the lights went out, leaving it “pitch black,” according to the complaint. Resort staff told Christian and other guests the lights would be on again soon, and served food to them, the complaint states. However, candles and flashlights weren’t handed out or placed in areas where people may need to walk, it states.

About 40 minutes after the power went out, Christian got up to move in the direction of the bathroom, and used “the furniture and staff to guide his movement,” the lawsuit states.

For more:  http://www.nvdaily.com/news/2012/06/northern-virginia-man-sues-luxury-resort.php

2 Comments

Filed under Claims, Injuries, Insurance, Liability, Maintenance, Management And Ownership, Risk Management

Tagged as , , , , ,

by | June 12, 2012 · 6:30 am

Hospitality Industry Property Risks: Texas Hotel Files $10,000 Lawsuit For Damages To Pool And Spa From Bottles Dropped From 29th-Floor Condo

“…The pool and hot tub filters needed repairs…a portion of the Hilton’s ninth-floor roof also was damaged, along with a 10th-floor window. The suit seeks reimbursement for repairs, as well as interest and attorney’s fees. Cano was unsure when the case could head to trial…”

Beer bottles allegedly tossed from a privately owned 29th-floor condo atop the Hilton Austin reportedly caused more than $10,000 in damage to the hotel’s pool and hot tub, according to a lawsuit. Attorney Matthew Cano said he filed the lawsuit in Travis County Court-at-Law No. 1 on behalf of Austin Convention Enterprises Inc., a nonprofit city entity that owns the Hilton, after almost a year’s worth of negotiations with the condo’s owner.

According to the suit, several beer bottles were dropped from the 29th-floor condo’s balcony on July 31, 2011. Some landed in the Hilton’s pool and hot tub, while others shattered nearby.

The incident forced the hotel to close the pool and hot tub so they could be drained and cleaned before being refilled, Cano said.

For more:  http://www.statesman.com/business/hilton-lawsuit-dropped-beer-bottles-did-10-000-2397825.html

2 Comments

Filed under Claims, Insurance, Maintenance, Management And Ownership, Pool And Spa

Tagged as , , ,