Tag Archives: Legal Issues

by | January 29, 2016 · 5:15 pm

The 2016 Hospitality Law Conference

hospitality

Intensive Hospitality Education. Exceptional Networking. It’s Not Just for Lawyers.

From development deals to management agreements, from food and beverage liability to labor and employment, and from claims management to anti-trust issues, the latest cases, trends and challenges in compliance, finance, law, risk, safety, and security are up for exploration at the 14th Annual Hospitality Law Conference, February 22-24, 2016.

The Owner Management Summit, co-located with The Hospitality Law Conference – 2016, intersects legal, finance and technology and includes sessions on: who owns the data, who is responsible for the data, development and unwinding management contracts.

The Hospitality Insurance and Loss Prevention Summit, co-located with the Hospitality Law Conference, includes sessions on risk management, the top claims in 2015, and coverages for cyber & data breaches.

Hotel and Restaurant Corporate Counsel have several opportunities to meet with their peers in facilitated conversations to explore common challenges, solutions and law department management.

Also featured during The Hospitality Law Conference – 2016, are break-out sessions and roundtables in Food & Beverage, Lodging, and Human Resources & Labor Relations.

Join Petra Risk Solutions’ very own Todd Seiders for, “Discussion of Most Frequent Claims and How to Prevent Them”

 

Todd Seiders - Petra Risk SolutionsSlips, falls, breaks, disruptions.  If you are involved in the hospitality industry, you face very real threats to your financial well-being and your reputation.  A security breach at your property, a slip by a patron, a defect in construction, or a natural disaster are examples of problems that could and should be addressed by your risk management program and your insurance.  In this session, Todd Seiders, Director of Loss Control at Petra Risk Solutions, and Allen Wolff, Insurance Recovery Attorney with Anderson Kill, will identify and analyze some of the most frequent claims that arise in hospitality industry and will offer analysis and insight for managing the risk of such claims, mitigating the losses caused by them, and obtaining insurance coverage for them.

Click here for more infomation on: TODD SEIDERS
And for more info on the conference: http://bit.ly/1KfrDiI

 

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by | January 25, 2016 · 5:28 pm

Embassy Suites Let Attacker Into Woman’s Room

Embassy

A New Jersey woman who was sexually assaulted while staying at the Embassy Suites in downtown Des Moines has filed a lawsuit claiming staff members unwittingly let her attacker into her seventh-floor room.

Cheri Marchionda is suing both Embassy Suites and Hilton Worldwide, as well as Atrium Finance III, the company that owns the Des Moines hotel.

She was staying at the East Village hotel during a business trip when she awoke sometime after midnight on April 11, 2014, to find Christopher Edward LaPointe standing at the foot of her bed and touching her leg.

LaPointe, 31, a New York resident also staying at the hotel, is now serving a 20-year prison sentence at the Iowa Medical and Classification Center after pleading guilty to burglary and sexual abuse charges in December 2014.

In a federal lawsuit on track to go to trial in Des Moines, lawyers from a Pennsylvania firm representing Marchionda wrote that a manager, a desk clerk and a maintenance man all helped LaPointe get into the woman’s room without asking Marchionda whether he had permission to be there.

Though the Des Moines Register does not typically identify sexual assault victims in criminal cases, it does publish plaintiffs’ names in reporting on civil lawsuits. Reached by phone Wednesday, Marchionda’s lawyers said she did not currently want to speak publicly about the case.

“Each defendant owed a special duty of care to her, including a duty to provide for and assure her safety and security while at the hotel,” attorneys Paul Brandes and Michael Hanamirian wrote in the lawsuit. “To not expose her to burglary, assaults or attacks by others … and to not assist others in burglarizing, assaulting or attacking her.”

The negligence lawsuit was filed in a New Jersey federal court district in June, but was moved Tuesday to Iowa after lawyers couldn’t agree on a settlement during nonbinding mediation earlier in December. None of the defendants have filed an answer in court to the lawsuit, though a motion to dismiss over jurisdictional issues was denied by a judge.

The general manager at the Des Moines hotel did not immediately return a reporter’s phone call this week. Maggie Giddens, a public relations director for the hotel chain, said the company could not publicly comment because of the ongoing litigation.

The claims in Marchionda’s lawsuit are similar to those from another that Los Angeles attorney Gloria Allred filed against Embassy Suites and its parent company, Hilton Worldwide, on behalf of a woman who was sexually assaulted while staying at one of their hotels in North Charleston, S.C.

For more: http://dmreg.co/1njFwCb

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by | January 15, 2016 · 6:24 pm

Booking Scams: Helping Guests Helps Hoteliers

Scams

Although online booking scams are a problem that should be resolved by the hotel industry as a whole, they also can cause headaches for individual front-desk employees at properties.

 

According to research from the American Hotel & Lodging Association, 15 million deceptive bookings were made in 2015 at a cost of roughly $1.3 billion.

So what should you do when prospective guests walk through your front door believing they’ve booked and paid for a stay only to find out they’ve been scammed? Sources said the answer to that question can be a difficult one, but it requires a delicate balance of education, compassion and long-term thinking.

Maryam Khan Cope, VP of government affairs for AH&LA, said one way these rogue websites operate is by taking photos from a hotel’s website and claiming to offer bookings to that particular property.

“We’re seeing this spike (in booking scams) and hearing from hotels that they essentially had their identities replicated on these scam sites,” Cope said.

Accommodating a scammed guest

Even though hoteliers did nothing wrong to cause a would-be guest walking onto their property with a sham booking, there is a lot on the line depending on how the situation is handled.

Roger Bloss, CEO of Vantage Hospitality Group, said his directive to owner-operators of his company’s brands is to honor stays of “a night or two” and charge it to the corporate office.

“We’ve got to think about the people booking in the economy lodging segment,” Bloss said. “(Scam bookings) can be a dramatic hardship on them. As hoteliers, we don’t want to see that happen. So, we’ve instructed our hotels to be hospitable.”

Bloss said covering stays for scammed customers benefits the company in terms of reputation management. Even though the hotel isn’t the source of the scam, leaving a would-be guest out in the cold can lead to a negative association with brands and possibly negative reviews and backlash online.

“At the end of the day, it always comes back to the brand, the property and the company,” Bloss said. “I don’t want to put our members in the position that they have to make a financial decision that affects the brand as a whole. In the days of social media, it’s a lot less expensive to keep a customer than attract new ones.”

Bloss said he sees this as a common sense approach.

“You have to think about all the money spent to attract guests to hotels,” Bloss said. “Would you destroy all that over a couple hundred bucks?”

Cope said AH&LA suggests taking a similar tact to what Bloss described.

“We suggest, because they’re in the business of guest service, that they do whatever they can to accommodate,” she said. “That might mean identifying an alternative at your hotel in your area.”

Cope said GMs try to “bend over backwards” to help scammed guests, but sometimes they’re caught in situations where no solution presents itself, such as if no rooms are available. But hoteliers should keep in mind that all efforts to help a scammed guest are positive.

“They should offer any additional support they can provide the guest especially because negative experiences often reflect on the hotel,” Cope said.

Chris Harvey, GM of the Crowne Plaza Charleston Airport & Convention Center, said he has been lucky enough to not encounter scammed guests at his hotel, but if it were to occur he’d instruct staff to offer a room at a reduced rate.

“You have to make sure you’re doing something for them and help them to keep the situation from getting worse,” Harvey said.

For more: http://bit.ly/1NbJKAJ

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by | January 11, 2016 · 5:59 pm

Workers Compensation Best Practices: What You Should Be Doing

Workers Compensation

Effective cost management of workers compensation claims starts at the time of the injury. Otherwise, studies confirm that the longer it takes to report a claim, the higher the cost.

 

“What happens in the first 24 hours post-injury is critical,” said Michael Bell, executive vice president for U.S. business development with Gallagher Bassett. Industry experts agree that successful management of these expenses must be comprehensive from start to finish, from the time of the injury through recovery and eventual return to work.

Bell estimates that 30% of all injured workers require medical guidance instead of medical care. This means that 30% can be resolved with self-treatment and that a claim doesn’t have to be filed. It eliminates a costly visit to the emergency room, where expenses can quickly climb to $1,000 or more.

The top priority — helping the employee recover and return to work — is best addressed by prompt treatment and proper guidance to direct the patient to the right source of care. For example, if someone is suffering from complex pain issues, a general practitioner may not be the best option for a claim that is not going to end with a simple outcome.

An injury is frequently a new experience for many employees who are looking for guidance. Where that guidance comes from, whether on the employer’s side or the claims handling side, makes a difference. A recommended best practice, Bell said, is a nurse triage process. Nurses will record initial interviews at the site of the accident, a critical time when facts can be clarified and confirmed. A worker will be much more honest in sharing information with a nurse than with a claims professional. A triage nurse also determines whether treatment is even necessary and then guides the patient to the appropriate medical provider.

For more: http://bit.ly/1mQNvXM

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by | January 8, 2016 · 6:49 pm

Hotel Housekeeping Firm Accused of Insurance and Tax Fraud

housekeeping

The owners of an Irvine-based company that provides housekeeping services for luxury resorts and major hotel chains in Southern California have been indicted in what prosecutors call a $7 million insurance and tax fraud scheme, the San Diego County district attorney’s office announced Monday.

Prosecutors alleged in a news release that Hyok “Steven” Kwon and Woo “Stephanie” Kwon hid the existence of about 800 employees for almost a decade through a “methodical and systematic shell game involving six straw owners.”

The scheme enabled the Kwons to avoid paying more than $3.6 million in housekeeping workers’ compensation insurance premiums and more than $3.3 million in payroll taxes, prosecutors said.

 

The Kwons’ company, Good Neighbor Services, has high-profile clients in San Diego, Los Angeles and Riverside counties, including the Hotel del Coronado and hotel chains such as Ritz-Carlton, Four Seasons, Hilton and Hyatt, according to prosecutors.

“These defendants lied on the backs of their employees who were cleaning rooms in some of the most prestigious hotels in California,” San Diego County District Attorney Bonnie Dumanis said in a statement. “If employees got hurt on the job, they were threatened with being fired.”

Prosecutors allege that housekeeping and other employees at Good Neighbor Services were not paid overtime and not granted workers’ compensation benefits if they were hurt on the job.

One worker whom investigators interviewed said she had to repeatedly ask for medical attention when she was hurt, and when the Kwons did send her to a doctor, it was a dentist, not a physician, according to the district attorney’s office.

For more: http://lat.ms/1Pjd5Ld

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by | January 6, 2016 · 9:05 pm

Three Tips for Hazard Communication Compliance

GHS

GHS compliance is something every member of your staff should be up to date on. Does your hotel staff know how to properly handle the hazardous chemicals they are exposed to every day?

Earlier this year, a hotel in Rochester, N.Y., faced this question when a dangerous vapor cloud formed after hotel staff mixed chlorine with other “ordinary” household cleaning chemicals. Luckily no one was seriously injured, but the entire hotel was evacuated and six employees were taken to a local hospital after falling ill.

Incidents like this serve as a reminder that even common chemicals used in relatively small quantities can pose serious hazards to staff if proper training and guidelines are not followed. Since 1994, hotels have been required to comply with the Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HazCom), which applies to the handling and storage of hazardous chemicals. OSHA mandates under HazCom that all hotel employees be trained on the safe use, storage, and handling of these materials.

In 2012, OSHA modified the HazCom Standard to align with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS), a model system developed by the United Nations. The adoption of GHS has triggered big changes and compliance deadlines for establishments covered by HazCom. The biggest change is to chemical product safety data sheets (SDS) and labels, which have new formats that provide more specific and consistent information about any potential hazards. Under GHS, safety data sheets must follow a strictly ordered, 16-section format. Similarly, labels on shipped containers now include a standardized format with six key elements: product identifiers, signal words, pictograms, hazardous statements, precautionary statements, and supplier information.

Whether or not you’ve begun preparing for the GHS changes, here are a few tips to help get you on track for full OSHA compliance by the final June 1, 2016 deadline:

Ensure staff is comfortable with GHS.

All staff exposed to hazardous chemicals in the workplace should have been trained on the new SDS and label formats by the first GHS deadline, Dec. 1, 2013. If your staff still hasn’t been trained on GHS, and they are exposed to hazardous chemicals in the course of their work, then you may be found out of compliance and should address these requirements quickly. You should recognize this training requirement as an ongoing obligation.

For more: http://bit.ly/1UwQIGe

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by | December 1, 2015 · 7:46 pm

7 Tips to Reduce Holiday Party Liability for Employers

Holiday

With the Thanksgiving weekend behind us, attention turns to celebrating with family, friends — and coworkers at the company holiday party.

A majority of organizations are still planning to hold holiday or end-of-year parties; however, a growing number of employers are cutting back, according to a recent survey from the Society for Human Resource Management. The survey found that almost two-thirds (65%) of human resource professionals said their organizations would host a party for all employees. But 30% of respondents said that no party was planned at their organization, an increase of 13 percentage points from 2012.

How and where will those companies celebrate? A majority — 67% — of respondents said their party would be off site, and 22% said they would close early that day. More than half (59%) said alcohol would be served at the party. Of those planning to serve alcohol, 47% indicated they would regulate alcohol consumption at the event, with 71% using drink tickets or having a drinks maximum.

Employers are concerned about possible repercussions from employees drinking too much, for example:

   • Drunk driving and possible motor vehicle accidents.

   • Workers compensation for falls and other injuries.

   • Discrimination claims, including sexual harassment and religious

      discrimination.

   • Injury to third parties.

   • Premises liability.

   • Underage drinking.

In addition to employer-based liability, many organizations are concerned about their “social host” liability as well. In some states, social host liability is limited to people hosting parties at which minors are served alcohol. In other states, employers may be liable for underage drinking at work functions, and there are still other states in which the law is less clear. The safest action is to develop a policy and guidelines, with advice from your legal counsel and input from the human resources department, then distribute that policy to all employees.

For more: http://bit.ly/1ODgF55

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by | November 25, 2015 · 7:42 pm

California Businesses 40% More Likely to be Sued by Employees

California

It’s time for California insurance agents to revisit their commercial clients’ liability portfolio.

According to a report released this week from Hiscox, businesses in the Golden State are 40% more likely than their peers to be sued by an employee. In fact, just four states – New Mexico, Nevada, Alabama and Washington, DC – outstrip California when it comes to employee lawsuits.

The reasons why are complicated, but report authors suggest that state laws going beyond federal guidelines are the most likely cause of discrepancies in the rate of employee lawsuits between states. When it comes to California, that means strict regulation around anti-discrimination and fair employment practices that subject businesses to higher scrutiny from workers.

Discrimination, as defined by these laws, comes in many forms including age (over age 40), disability, national origin, race, color, religion, sex (including pregnancy) and genetic information (diseases or disorders in family medical history).

More clear is the effect such lawsuits have on businesses. According to Hiscox, the average legal dispute regarding an employment matter lasts 275 days and in 19% of cases, defendants are subject to a defense and settlement payment. When that happens, businesses can expect to bill their insurers an average $125,000 in claims while taking $35,000 in deductibles on themselves.

The report comes just months after a similar survey from Littler Mendelson, in which 57% of human resource and C-suit professionals said they expect workplace discrimination claims to become one of the top business risks in the next years.

The statistics are a serious argument in favor of ample employment practices liability insurance (EPLI) for California businesses. Without proper coverage, clients could end up on the hook for an extra $90,000, going by national averages. Inadequate limits could also cause a sting, though arguably less of one.

For more: http://bit.ly/1OshHAO

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by | November 9, 2015 · 11:55 pm

Wifi blocking is illegal (FCC fines Hilton Hotels)

wifi

FCC takes two enforcement actions on WiFi

On November 2, 2015, the FCC issued two separate news releases on Wifi blocking. In one action, the FCC announced a $718,000 fine against M.C. Dean, one of the nation’s largest electrical contracting companies, for blocking personal mobile “hotspots” of convention visitors and exhibitors who tried to use their own data plans at the Baltimore Convention Center to connect to the Internet rather than paying M.C. Dean substantial fees to use the company’s Wifi service.

FCC fines WiFi hotspot provider M.C. Dean

According to the FCC, as the exclusive provider of Wifi access at the Baltimore Convention Center, M.C. Dean charges exhibitors and visitors as much as $1,095 per event for Wifi access. Last year, the Commission received a complaint from a company that provides equipment that enables users to establish hotspots at conventions and trade shows. The complainant alleged that M.C. Dean blocked hotspots its customers had tried to establish at the Baltimore Convention Center. After receiving the complaint, FCC Enforcement Bureau field agents visited the venue on multiple occasions and confirmed that Wifi blocking activity was taking place.

The Enforcement Bureau’s investigation found that M.C. Dean engaged in Wifi blocking at the Baltimore Convention Center on dozens of occasions in the last year. During the investigation, M.C. Dean revealed that it used the “Auto Block Mode” on its Wifi system to block consumer-created Wifi hotspots at the venue. The Wifi system’s manual describes this mode as “shoot first, and ask questions later.” M.C. Dean’s Wifi blocking activity also appears to have blocked Wifi hotspots located outside of the venue, including passing vehicles. The Commission charged M.C. Dean with violating Section 333 of the Communications Act by maliciously interfering with or causing interference to lawful Wifi hotspots.

FCC fines and warns Hilton

In a separate announcement, unrelated except as to the subject matter, the FCC proposed a $25,000 fine against Hilton Worldwide Holdings, Inc. for “apparent obstruction of an investigation into whether Hilton engaged in the blocking of consumers’ Wifi devices”. A consumer complaint alleged that Hilton was blocking visitor’s Wifi in Anaheim, California in order to force them to pay a $500 fee to access Hilton’s Wifi. Other complaints alleged similar Wifi blocking at other Hilton-brand properties.

In November 2014, the FCC Enforcement Bureau sent Hilton a letter of inquiry requesting information concerning basic company information, relevant corporate policies, and specifics regarding Wifi management practices at Hilton-brand properties in the United States. After nearly one year, Hilton has failed to provide the requested information for the vast majority of its properties. The proposed fine and announcement to Hilton included a demand to immediately provide the essential information and documents about its Wifi practices, and warned that Hilton may face significantly higher fines for continued obstruction or delay.

For more: http://bit.ly/1lgp8Bz

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by | October 30, 2015 · 5:48 pm

Management Update: “How to Future-Proof Your Hotel Company”

Smart hotel executives spend time dealing not only with the challenges of today but also the challenges of tomorrow. I don’t mean tomorrow as in the day after today. I mean tomorrow as in the future, six months from now, five years from now.

Our copycat industry is historically bad at this. We often take note of obstacles only after we’ve hit them head on. In a daze, we then rush to adopt the tactics of our nearest competitor.

Why? Maybe we’re not looking far enough ahead. Or maybe we’re not looking for the right signals ahead.

Across all industries, executives’ future-proofing exercises typically revolve around the proverbial Next Big Thing—what’s coming down the pike that’s going to change the world as we know it.

During a keynote at this week’s Marketing Outlook Forum, J. Walker Smith of the Futures Company suggested a different tact: The “Vanishing Point” approach.

It’s hard to spot the “Next Big Thing,” Smith said. When they first materialize, they’re often too small to notice. And they come on quickly, which makes it difficult to react when you finally do notice them.

Vanishing Points are the opposite, Smith said. They are the points at which big, established factors of influence wane out of relevance. That creates a vacuum that must be replaced by something new.

Spot them early, and you can begin to anticipate what will fill the void.

It’s like a big tree falling the in the forest, Smith said. That allows sunlight to penetrate the canopy and foster growth for something new.

An example: Screens are getting smaller. What once was a desktop became a smaller laptop which became a smaller tablet which became a smaller smartphone. Now wearables are on the rise, and screens are getting even smaller.

“This is the big vanishing point,” Smith said. “The active digital screen is going away. It is being replaced by sensors, or passive digital.”

Shoes will connect to Google Maps and buzz the right or left foot depending on which way you need to turn. Embedded technologies will track your health and fitness.

Instead of inputting data into a screen, sensors will track your behavior and send you information before you even know you needed it, Smith said.

He called it the “pivot to passive.” In the ecommerce space, Amazon is working to patent anticipatory shopping software that sends you products without you even putting them in your online shopping cart.

Think of that in travel context, Smith imagined. The agonizing booking funnel becomes an intuitive, anticipatory process that actively monitors your behavior and schedules a hotel stay accordingly.

Will it happen tomorrow? I hope not. (I’m not ready for buzzing shoes.) But it could happen one day. Maybe it will even be the Next Big Thing. Time to get out in front of it.

For more: http://bit.ly/1LGI05j

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