Tag Archives: Lawsuits

by | July 17, 2010 · 10:40 am

Hotel Industry Employee Risk Management: Hotel Ownership Must Insure Compliance With State Laws Regarding “Service Charges” Being Withheld Illegally From Service Staff Which Can Result In “Triple Damages” Being Awarded

“…the case involved a portion of service charges — which are added onto bills at the end of banquets, weddings and large events — being withheld from servers, and all hotel and restaurant staff working at least eight-hour shifts were having 30-minute meal breaks deducted from their paychecks even though they weren’t receiving them.”

“What we alleged in this case was a portion of [the service charge] was going to managers, the sales department, and others who aren’t permitted under law to dip into this money intended for waitstaff,” he said.

“…state law ordering food establishments found to be withholding wages and tips to pay employees up to three times as much as they’re owed…”

The Orchards Hotel has agreed to a $240,000 proposed settlement in a class action lawsuit involving approximately 150 current and former hourly employees.

With state law ordering food establishments found to be withholding wages and tips to pay employees up to three times as much as they’re owed, the employees at The Orchards will receive between two and three times what they were owed in wages and tips, Holtzman said.

“The settlement is not only the recovery each employee is owed, but a multiple of what is owed,” he said.

For more:   http://www.berkshireeagle.com/local/ci_15528594

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Filed under Labor Issues, Liability, Risk Management

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by | July 16, 2010 · 6:27 am

Hotel Industry Privacy Risks: ESPN Reporter Erin Andrews Files “Negligence, Negligent Infliction Of Emotional Distress And Invasion Of Privacy” Lawsuit Agains Hotels

“I do hope that my experience will cause the hospitality industry to be more vigilant in protecting its guests from the time they reserve a hotel room until they check out.”

Her suit claims negligence, negligent infliction of emotional distress and invasion of privacy against the hotel entities.

ESPN reporter and road warrior Erin Andrews filed a civil suit today against Marriott International, Radisson Hotels International and others involved with the hotels in which a stalker surreptitiously filmed her nude through a hotel-room peephole.

Andrews was stalked and/or filmed in rooms at the Marriott Nashville at Vanderbilt University, the Radisson Airport hotel in Milwaukee, and a third hotel in Columbus, Ohio. Andrews stays in hotels frequently for her job as an ESPN reporter “always with the expectation of privacy once checked into her room,” the release says.

“Although I’ll never be able to fully erase the impact that this invasion of privacy has had upon me and my family,” Andrews says in the release , “I do hope that my experience will cause the hospitality industry to be more vigilant in protecting its guests from the time they reserve a hotel room until they check out.”

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Filed under Crime, Insurance, Liability, Privacy, Risk Management

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by | June 29, 2010 · 8:08 am

Hotel Pool Safety Legal Risks: Hotel Owners Must “Go Above And Beyond” Pool Safety Standards To Avoid “Negligence Per Se” Lawsuits

“…In a Negligence Per Se case, once the plaintiff demonstrates the defendant failed to comply with an applicable statute, it creates a presumption that the duty was breached.”

“…compliance with…statutory requirements alone may not be sufficient to ward off a lawsuit in the event of a swimming pool-related injury because the Swimming Pool Industry Standards recommend safety precautions that go above and beyond the statutory requirements of the building and/or health codes…”

 For example, depending on the size and configuration of the pool(s), the building and/or health codes of most jurisdictions typically require that, at a minimum, the water depth be indicated by signs that are mounted in the pool deck at specified intervals and on the vertical wall in the tile line. Additionally, if there is no lifeguard on duty, then most jurisdictions require a sign advising swimmers of that fact.

For more:   http://findarticles.com/p/articles/mi_m3072/is_15_224/ai_n48840673/

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Filed under Injuries, Insurance, Liability, Pool And Spa, Training

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by | March 9, 2010 · 8:01 am

Hospitality Industry Risk: Employment Practices Liability Insurance Is Highly Recommended To Protect Against “Workplace Romance-Related Lawsuits”

It is tougher in a smaller work environment because there are often fewer options. And it’s expensive for small business owners to insure against it by purchasing employment practices liability insurance. We always recommend that they do have that, because it covers employee lawsuits and attorney’s fees.

(From a BusinessWeek.com article)   There’s no doubt that each year, lots of people fall in love with their co-workers or their bosses. Other employees typically get swept up in workplace romances through the gossip mill. But while they can’t be prevented, office liaisons are not always a joy for business owners. And they’re more difficult to handle when they occur at small companies, says attorney Mark Kluger, who chairs the labor and employment practice at Mandelbaum Salsburg in West Orange, N.J. He spoke recently to Smart Answers columnist Karen E. Klein about workplace relationships from a decidedly nonromantic perspective. Edited excerpts of their conversation follow.

You advise your clients against establishing a written policy prohibiting workplace romance. Why?

Employers cannot control human nature, so a workplace romance policy is unenforceable. And if you establish one, it sends a negative message to employees about your company’s willingness to impose itself into their personal lives.

The other thing is that you don’t want to create a Romeo and Juliet situation. If there’s a policy against workplace romances, people will feel they must lie and sneak around, and that’s the last thing you want.

http://www.businessweek.com/smallbiz/

content/feb2010/sb20100211_326976.htm

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