Monthly Archives August 2015

More Keys resorts hit with ADA lawsuits

ADA is set up to encourage complaint-filing. The business on the other side of the suit is generally the loser in an ADA lawsuit! Establishments hit with an ADA suit should immediately retain an experienced and qualified ADA expert to inspect the property and identify potential violations, and to make recommendations for correcting any violations. It is critical that the business take measures to get in compliance with ADA requirements as quickly as possible. KeyInfoNet, Anthony Cave, reports the new wave of ADA suits that have, once again, hit resorts and hotels located in the Keys.

A Boca Raton man who has filed countless federal lawsuits since 2013 alleging violations of the Americans with Disabilities Act at hotels is at it again.

Howard Cohan, who targeted a string of Florida ...

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PART 3 – 10 Steps to Prepare Your Business for EMV Chip Technology

Even though only a quarter of all credit card transactions happen here in the United States, almost half of the world’s credit card fraud occurs here. The recent high-profile security breaches at some of the country’s largest retailers are behind the motivation to make the switch to EMV quickly. It’s time to get on board and make the switch for your establishment. Spark Business IQ, Stephanie Ericksen, outlines the top ten steps that will help with the transition.

Part Three in a Three-part Series

If your business isn’t ready for EMV chip payment cards, it’s time to get on board.

By the end of 2015, the Payment Security Task Force, which includes representation from Capital One®, estimates that over 575 million EMV chip enabled cards will be in circulation across the United ...

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PART 2 – The Benefits of EMV Chip Technology for Business Owners

Through superior and effective algorithms and complex processing methods, the EMV chip technology is bringing significant security and eliminating threat to credit and debit card users across the globe. EMV chip technology brings safer transactions, both online and in person, along with a more thorough authentication process, and reduced identity theft risk. Spark Business IQ, Lou Morsberger, outlines the benefits and drawbacks of migrating to EMV technology standards.

Part Two in a Three-part Series

If your business accepts plastic credit or debit card payments, it’s time to take a closer look at EMV chip technology...

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PART 1 – EMV Chip Technology: What Business Owners Need to Know

The migration to EMV technology in the United States is now fully underway. On October 1, 2015 counterfeit fraud liability will shift to the party, either the issuing financial institution or the merchant, that has not enacted chip technology. Spark Business IQ, Lou Morsberger,  outlines the key points.

Part One in a Three-part Series

If your business accepts magnetic striped payment cards, it’s time for a crash course on the rapidly changing electronic payment technology world.

Learning about this technology will help you prepare for pending electronic payment requirement changes, such as Visa’s point of sale (POS) liability shift coming October 1, 2015.

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What is an EMV Chip?

EMV (named for Europay, MasterCard, and Visa) refers to a set of standards that enables the acceptance a...

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Baby locked in hotel safe was an ‘accident’, no concerns for child’s safety: police

Remember the excitement of an innocent game of good old fashioned hide-and-seek as a child? The endless hours of play and the determination to find the best hiding place, sometimes not realizing the danger or consequences associated with it? The Canadian Press tells the story of a recent game of hide-and-seek in a Canadian hotel room leaving a baby locked in a hotel room safe for a short period of time.

Police say a baby whom they found locked inside a Niagara Falls, Ont., hotel safe and freed by a maintenance worker this week have concluded the incident was an accident and there are no concerns for the child’s safety.

Det. Const. Amanda Sanders of Niagara Region police told Global News that the parents contacted police from Markham, Ont., on Wednesday evening.

Sanders said it was...

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Notorious for their broad and vague wording, California’s new Paid Sick Leave Law leaves employers unsure.

by Yvonne Obregon

Although there are nineteen cities and one county across the United States that have passed Employee Sick Leave Legislation, states have been slow to adopt the idea of paid sick leave legislation. Currently the only states to enact Employee Paid Sick Leave Laws are California, Connecticut, Massachusetts and recently, Oregon. The assumption is more will follow suit soon.

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Large and small companies, both private and public, are required to pay California sick leave. All employers, whether you have one employee or five thousand employees, must comply with the Healthy Workplaces, Healthy Families Act (HWHFA) of 2014, also known as California’s New Paid Sick Leave Law.

Although the state’s new sick leave law took effect, January 1, 2015, and the right to accrue and take sick...

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Myrtle Beach hotel employee embezzles nearly $200k in gift cards

Fraudulent transactions date back to 2012. Hotel gift cards not only inspire travel and hospitality, they often become a source of incremental revenue during off-peak months for hoteliers. At the same time, without proper controls and oversight, gift cards can be an easy and inviting opportunity for employee fraud. WBTW News, Jo Brown, discloses a three year alleged embezzlement scheme involving hotel gift certificate amounting to thousands of dollars.

MYRTLE BEACH, SC (WBTW) – A former Myrtle Beach hotel employee was arrested Monday following allegations made in March that he had improperly distributed nearly $200,000 worth in gift cards from his employer.

Shezan Ahmed, 29, was arrested Monday on charges of breach of trust / fraud greater than $10,000 after he was identified as a...

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Hotel workers likely to be considered employees by DOL

Maybe you’ve never thought about the difference between an employee and an independent contractor (“consultant”). Sometimes the job title doesn’t match the legal classification. Not relying on the business as the sole source of income, working at his/her own pace as defined by an agreement, being ineligible for employer provided benefits and retaining a degree of control and independence are all elements that define a worker as an independent contractor in almost every case. In consideration of the DOL’s recent guidelines, employers would be wise to closely examine the DOL’s economic realities test. Hotel Management, Lara Shortz, describes the key points to review.

It is has become a regular practice for hotels to outsource entire departments...

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Victim of rape in hotel garage awarded $4 million, jury rules

Is your security plan efficient? While your parking area serves as an amenity for employees, guests, and visitors, someone could leverage your asset into a weapon. Something as simple as parking lot and garage upkeep is a valuable security procedure. An unkempt parking lot or garage is, often times, a sign that the property isn’t being monitored. If you don’t allocate resources on proper security measures to provide a safe environment for employees, guest, and visitors, your return on investment is essentially at stake. The soft costs associated with a major security breach – a negligence lawsuit, a tainted company reputation, or lost business – can create lasting damage your company may not be able to sustain...

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Are You Keeping the Records Related to Your Company’s Selection Procedures? The EEOC is Watching…

Employers would be wise to review their hiring processes to make sure they are in compliance with the EEOC guidance, paying careful attention to the EEOC recordkeeping guidelines. Establishing clear guidelines and developing job requirements to particular positions are a couple steps employers can take to avoid attracting the EEOC scrutiny of their policies. JDSupra, Snell & Wilmer, reports a recent lawsuit filed against an employer by the EEOC for allegedly violating Title VII’s recordkeeping requirements.

EEOC Regulations 3

Is your company aware that federal regulations require that employers retain certain personnel and employment records related to its selection procedures? A recent lawsuit by the Equal Employment Opportunity Commission (EEOC) underscores not only that these record-keeping require...

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