Monthly Archives May 2017

Smoking Gun: Manager’s E-mail About Maternity Leave Costs Employer $100K

An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. It is solely up to the employee to decide when she wants to tell her employer and colleagues about her pregnancy. Once you, the employer, has been told of the employees pregnancy, the employee is protected against unfair dismissal, unfair treatment and discrimination on the grounds of pregnancy. Managers and Supervisors must understand that Pregnancy Discrimination is illegal. HR Daily Advisor, Kate McGovern Tornone, cites recent litigation that cost Brown & Brown $100K.

An employer will pay $100,000 to settle allegations that it rescinded a job offer from an applicant after learning she was pregnant, telling her in writing that it nee...

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How to keep guests safe from a point-of-sale system data breach

Despite improvements in card security technologies and the requirements of the Payment Card Industry Data Security Standard (PCI DSS), there are still gaps in the security of POS Systems. Avoiding problems and financial penalties should be more than enough reason to motivate your business to move to a new Point-of-Sale environment. Hotel Management, Esther Hertzfeld reflects on the reality of POS systems, outlines useful data security and compliance evaluations, and shares a look at the growing shift to mobile POS systems.

Advancing technologies continue to challenge the balance between data security and the guest experience...

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Whiskey For My Men, Beer For My (Service) Horse – A Business Owner’s Primer On Service Animals And The ADA

When you think of the traditional definition of service animals, miniature horses usually don’t come to mind. Miniature horses are indeed used as services animals; most commonly for guiding the blind but also to help individuals with mobile impairments. If a miniature horse has been trained to perform the tasks for the benefit of an individual with a disability, then they have the same rights as a service animal. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. JD Supra/Smith Amundsen interpret the law.

A guy and his horse walk into a bar…

This could be the start of a funny joke, or the beginning of an American with Disabilities Act (ADA) complaint that can cost your business thousands of dollars in defense costs and damages...

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Food-and-beverage legal compliance worth the time, money

Once considered a loss leader, Food and Beverage revenue is growing in importance to overall hotel profitability. From safety and security challenges to education and training, it is all-too-important for owners and managers to develop a comprehensive system of processes that address the many legal challenges the Food and Beverage industry faces day to day. Hotel Management, Stephen Barth, shares his compilation of suggestions in an effort to help F & B operators overcome inefficiencies and minimize potential risks.

When food-and-beverage owners and managers are responsible for an endless list of tasks, from employees to food safety to sanitation, it is not surprising when some important elements get overlooked throughout the busy day-to-day schedule that is maintained...

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How the ACA can benefit hotels employing seasonal workers

The Affordable Care Act (ACA) has been an endless and complex maze of mandates for employers both large and small.  The ACA requires applicable large employers (ALEs) to offer health insurance to their full-time (30+ hours per week) employees; however, there is an exception for a seasonal workforce. Employees are considered seasonal if the expected period of their employment is six months or less, and if the job typically starts and ends at approximately the same time each year. Although the ACA and seasonal employees can be a difficult road to navigate, hotel employers have a lot to gain by avoiding “Applicable Large Employer” status under the ACA. Hotel Management, Elliot Mest, helps sort out the seasonal employee provision.

Summer is around the corner, and hotels are preparin...

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Kimpton data breach decision highlights lingering confusion on standing issues

While the frequency of data breaches of private companies continues to grow at alarming speeds, the law has not yet competently addressed the issue. The applicable laws for any given situation are generally governed by a variety of regulations issued by different law-making authorities within both federal and state agencies. The lack of standardization or enforcement of these measures is disconcerting. Data breach class actions boil down to a torts negligence action which generally implies a certain standard of care. This becomes a complex and confusing issue in data breach cases because the acceptable standard is not clear. Companies are at the center of these crimes; both targets and victims...

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The Top 5 Wage & Hour Class/Collective Action Claims that Hospitality Employers Face (And How to Avoid Them)

The Department of Labor has its sights set on the hotel industry:  “we are taking a hard look at the hotel industry where employment practices, such as subcontracting, franchising and third-party management, can put downward pressure on costs – often at the expense of wages. We will continue to use every enforcement tool available to ensure industry wide compliance with the law,” said Cynthia Watson, Wage and Hour Division of the DOL, through website press release January 20, 2017.

Claims often include overtime violations, cash payments that do not withhold proper taxes to the government, meal and rest period violations, and workers that are misclassified as independent contractors or as exempt employees...

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Automatic doors at Ramada killed woman, $2.7m suit says

Automatic doors are found just about everywhere today. Hotels, airports, shopping malls, grocery stores, hospitals and office buildings all use automatic doors, mainly to provide added convenience to visiting guests and customers. In many cases, the doors operate continuously; 24 hours a day, seven days a week putting excessive wear and tear on the most sensitive systems regulating them. They simply must be inspected, tested, and evaluated by adequately trained personnel on a daily basis. Something as simple as wiping and cleaning the electronic eye lenses is required for safe operation of the doors. Proper door labeling and regular maintenance as dictated by the guidelines of the manufacture are sure to help minimize risks on your property...

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Legally Speaking: Avoiding bath fall liability

Bathtub and shower areas are prone to being wet, slippery surfaces by nature. Throw in hard tile or porcelain floors and now you have a particularly hazardous space.  Knowing that bathrooms have a tendency to pose a slip-and-fall risk to guests, hotel property owners and operators should provide handrails in the showers and near toilets, as well as non-slip protections in showers and surrounding areas. Regardless of the laws governing your area, with a small contribution to bathroom safety to ensure your premises are “reasonably free from defects or obstructions that might cause injury,” you may avoid litigation later. Hotel Management sights legal facts and two cases surrounding the issues.

Splish splash, guest was takin’ a bath … Slick floor, trip and fall, see guest’s wrath … ...

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