Category Archives: Employment Practices Liability

Hospitality Industry Legal Update: “Lawsuits to Recover Unpaid Wages and Damages For 89 Workers at Five Hotels Filed by US Labor Department”

“…Investigators from the division’s Columbus District Office found violations of the FLSA’s minimum wage, overtime and record keeping provisions for 61 workers jointly employed by Darpan Management and Fantastic Cleaning. Fantastic Cleaning, which provided housekeepers, attendants and laundry DOL staff for the hotels owned and operated by Darpan Management, misclassified the housekeepers, who were employees, as independent contractors. These employees were paid by the room and frequently did not earn enough to make the federal minimum wage…”

The U.S. Department of Labor has filed two lawsuits in the federal district court in Columbus against Darpan Management Inc.; five hotels the company owns and manages; and its owners, Darshan Shah, Vibhakar Shah and Prakash Patel.

One of the lawsuits addresses violations of the Fair Labor Standards Act’s minimum wage and overtime provisions for the hotel staff directly working for Darpan Management, and the other addresses similar violations for workers jointly employed by Fantastic Cleaning Ltd., a company that provided hotel staff to Darpan Management. The two lawsuits seek back wages and an equal amount in liquidated damages for 89 workers.

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Filed under Claims, Employment Practices Liability, Hotel Employees, Hotel Industry, Labor Issues, Management And Ownership

P3 Hospitality Industry Risk Report: “Reasonable Suspicion for Alcohol and Drug Testing for Employees” Presented by Loss Control Manager Matt Karp of Petra Risk Solutions (VIDEO)

Petra Risk Solutions’ Loss Control Manager, Matt Karp, offers a P3 Hospitality Risk Report – ‘Reasonable Suspicion for Alcohol and Drug Testing for Employees’. 

P3 ( Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit or call 800.466.8951.

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Filed under Employee Practices, Employment Practices Liability, Hotel Bar, Hotel Restaurant, Injuries, Labor Issues, Liability, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Update: “Va. AG Sues Richmond Magnuson Grand Hotel”

“Virginia consumers have every right to expect that agreements will be honored when it comes time for delivery of goods and services,” Herring said.Richmond-Magnuson-Grand “I will not tolerate businesses that misrepresent themselves or mislead customers and my office is absolutely committed to protecting Virginia consumers from such practices.”

RICHMOND, Va. (Legal Newsline) – Virginia Attorney General Mark Herring announced a lawsuit on Friday against the operator of a Henrico County hotel for allegedly violating the Virginia Consumer Protection Act and the state’s bait and switch statute.

GRM Management LLC, the operator of the Richmond Magnuson Grand Hotel and Convention Center, allegedly offered and confirmed room rates for one price but overcharged customers upon check-in or told them their requested room was unavailable.

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Hospitality Industry Employment Practices Update: “The Hotel Industry Needs To Stop Trying To Please Their Customers!”

“…There is less of an attachment of what’s in it for me when you’re primarily focused on making somebody feel good about themselves, versus trying to please them. customer serviceThe motivation and incentives have to be on a much higher level when you are positioning people in your organization to attempt to please your customers, versus when you have your organization focus on making their customers feel good about themselves through their interactions with the guests…”

If they truly want their customers to be pleased by their hotels’ brand experience.

As I just talked about in my recent three-part article series, which focused on creating a new strategy for enhancing the hotels’ business model performance by decoding the hotel guest experience, I wrote about this crazy notion in part three of the series. (It’s really not about trying to please customers, per se. It’s really more about making them feel good about themselves while they are experiencing your hotel’s brand of hospitality offerings.)

You are really not there to please your customers, as crazy as that may sound. Businesses that make their customers feel good about themselves as a result of their business experience offering don’t have to play that inauthentic game of trying to please people, or try to inspire and motivate their organization to do so either. They are more focused on strategically creating and managing a business experience that generates a strong emotional connection with their customers that fosters positive memories from all the different attributes and qualities of the business experience.

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January 20, 2014 · 9:43 am

Hospitality Industry Food Safety Update: “Under New Food Safety Law, Bartenders Have to Wear Gloves”

“…In an effort to educate restaurant operators and health inspectors, the law will undergo a “soft roll-out” during the next six months to a year,Image according to the Los Angeles County Department of Public Health. No points will be deducted when food handlers are not wearing gloves, but restaurant operators will receive a warning instead…”

Chefs aren’t the only ones affected by a new food safety law that bans culinary workers from touching certain foods with their bare hands. Like chefs, bartenders have to wear gloves or use other utensils to make their drinks. No touching ice, fruit garnishes or anything else that goes directly into your glass.

Changes to the California Retail Food Code that went into effect at the beginning of 2014 require disposable gloves or utensils such as tongs, paper or scoops to be used when handling “ready-to-eat” foods, which include sushi, bread, deli meats and fresh fruit and vegetables. Basically, nothing that won’t be cooked or reheated before it goes out to diners can be touched with bare hands.

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Filed under Employment Practices Liability, Food Illnesses, Hotel Bar, Hotel Restaurant, Management And Ownership, Training

Hospitality Industry Risk Solutions: “2014 Hospitality Insurance & Loss Prevention Summit” On February 10 Presented By Petra Risk Solutions

Hospitality Insurance & Loss Prevention Summit Feb 10 2014 Petra Risk Solutions



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Filed under Conferences, Employment Practices Liability, Guest Issues, Insurance, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Risks: Pennsylvania Hotel Faces Federal “Sexual Harassment And Retaliation” Lawsuit; Woman Terminated After Making Written And Verbal Complaints

“…the hotel’s assistant manager, told the plaintiff that (the defendant) was telling others that he possessed nude photographs of Vazquez, Hospitality Industry Sexual Harassment Lawsuitssomething the woman denied…(she) met with the hotel’s manager (and asst. manager) in the spring of 2012 to discuss the situation…Vazquez subsequently offered the human resources department a written statement about the harassing conduct…Two days after she submitted her statement, the plaintiff was placed on a five-day suspension…Vazquez was told she was being suspended for voiding a transaction at the front desk when her cash drawer was short, even though the plaintiff claims she was taught to do just that in such a situation when she first started working for the defendant…After returning from her suspension on May 16, 2012, the plaintiff was immediately fired from her job…”

A Philadelphia woman who worked as a front desk agent for the Sheraton Philadelphia Downtown Hotel has filed a federal civil action against the business contending she was fired in retaliation for speaking out about harassing conduct on the part of another worker.

Crystal Vazquez, who was first hired by the defendant in May 2010, maintains that her firing exactly two years later was retribution for the plaintiff complaining about sexual harassment by the hotel’s AT&T specialist, a man identified in the complaint as Ryan Sheridan. Sheridan, who is not listed as a defendant in the litigation, allegedly told hotel employees that he and the plaintiff had been sexually intimate.

Vazquez was out on maternity leave in late December 2011, which is when Sheridan was allegedly making the comments about the supposed intimate nature of his relationship with the plaintiff, the lawsuit states.

“Needless to say, Plaintiff’s termination was a direct result of her complaints regarding sexual harassment,” the complaint reads. The lawsuit accuses the hotel of violating the Civil Rights Act and the Pennsylvania Human Relations Act.

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