Category Hospitality Law

Appeals court says Four Seasons Hotel not to blame in guest’s fall on wet bathroom floor

A slip and fall can happen anywhere. In hotel and resorts, slip and falls occur often and more commonly in guest rooms as guests can slip on wet bathroom tiles. The circumstances surrounding the fall will determine whether the liability falls on the guest or the hotel. Although the case was appealed and heard by two separate justices, the facts in the case reveal the liability fell on the guest not the hotel this time. Cook County Record, Kyla Asbury, reports the important facts and what determined the outcome of this case.

An Illinois state appeals panel has upheld a Cook County judge’s decision that the Four Seasons in Chicago was not obligated to warn guests about a wet marble bathroom floor, saying the condition posed a danger that should have been open and obvious.

CHICAGO — An I...

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Bed Bug Legal Opinion…What Must a Hotel Do to Protect Itself?

“The cheapest time to deal with bed bugs is before they are discovered by a guest.” Making a commitment to guest protection by enacting preventive pest management protocols such as inspection and protection procedures, will likely reduce your hotel liability. And…remember, if you have taken reasonable precautions, not all bed bug claims need to be settled or paid. Hotel Business, Jeffrey M. Lipman, Attorney, discusses protections hotels can take to alleviate liability.

Few if any states have actual bed bug laws that dictate the specific duties that a hotel must provide its guests to protect them from bed bugs. The lack of legislative enactments in a state’s code, however, should not be misinterpreted as lack of laws...

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HOUSE VOTES TO GUT THE AMERICANS WITH DISABILITIES ACT TO NIP ‘ABUSIVE LAWSUITS’

Opportunistic lawyers have been lining their pockets and taking advantage of business owners for decades with “drive-by” abusive ADA litigation. With the passing of The ADA Education and Reform ACT (H.R. 620), business owners will have 60 days to devise a plan to fix the issue, and another 120 days to implement the changes. Newsweek, Carlos Ballesteros reports.

In a 225-192 vote Thursday, most House Republicans and a dozen Democrats passed a bill that makes it harder for disabled persons to sue for discrimination, in an effort to prevent opportunistic attorneys from taking advantage of business owners.

But many disability and civil rights groups fear the bill will weaken incentives for businesses to comply with the Americans With Disabilities Act of 1990 (ADA), which mandates e...

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5-STEP PLAN TO ADDRESS GROWING SEXUAL HARASSMENT CONCERNS

No industry or company is immune from the recent flood of sexual harassment claims. In fact, the insurance industry is expecting an influx of EPLI (Employment Practices Liability Insurance) claims in the entertainment, media, hospitality and other industries. Companies need to set clear policies and standards addressing behavior in the workplace then live by them.  Fischer & Phillips, Jennifer Sandberg & Joseph Shelton, lay out a 5-Step Plan to address growing sexual harassment concerns.

For several months now, it seems that each new day has brought about a fresh round of reporting on yet another high-profile sexual harassment accusation...

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Reminder: Post 300A injury, illness summary by February 1

February 1 is upon us! Employers required to post a 300A, must do so whether or not you had any injuries in the past year. It is required that the 300A is signed by an executive of the company before it is posted and that it is posted in an accessible location where employees can easily see it. Theh 300A must remain posted through April 30.

Employers required to electronically submit their 300A, must also fulfill the posting requirements from February 1 through April 30.  

Safety.BLR.com establishes the requirements.

Under the Occupational Safety and Health Administration’s (OSHA) recordkeeping rule, employers that are required to keep and maintain an OSHA injury and illness 300 log must post their 300A annual summary in each establishment where employee notices are normally posted ...

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Cyberattacks On Hotels – What Should Hotel Owners And Operators Do?

The threat is real!” Along with the digital age, cyber threats and data breaches are here to stay. Threats associated with the hotel industry have become common events. From companies, guests, and vendors to employees, owners, and stakeholders, people need assurance that company and personal data is being protected in a secure manner. Developing a business strategy for the digital age should be top priority for every hotel. Advisen Insurance shares a recent cybersecurity publication from Hotel Business Review that every hotelier should read.

This article was originally published by Hotel Business Review and is reprinted with permission from www.hotelexecutive.com.

Almost as soon as there were data breaches, hotels became a prime target of hackers, and the hospitality industry h...

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OSHA penalties increase by 2 percent

OSHA has begun the New Year with penalty hikes.  Effective January 2, 2018, civil penalties for violations of OSHA standards and regulations increased 2%. The penalty increase applies to Federal OSHA states; however, states operating their own occupational safety and health programs are expected to introduce comparable penalty structures making them equally effective. Safety.BLR.com, Emily Scace, compares penalty structures and increases in the charts below.

Effective January 2, civil penalties for violations of workplace safety and health standards are 2 percent higher, with a new maximum fine of nearly $130,000...

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Is Your Hotel Website ADA Compliant? Here’s Why It Matters

Achieving ADA website compliance simply means maintaining a set of web standards by ensuring that the website’s contents can be accessed in different ways, via screen readers, electronic devices that translate websites into speech and braille.

Numerous organizations have already been hit with hefty lawsuits siting ADA website noncompliance. With the US DOJ’s announcement to implement ADA regulations, expected in 2018, now is the time to get your website compliant.  Forbes Councils, Adam Deflorian, provides tips to help your hotel meet its ADA website compliance needs.

When the Americans with Disabilities Act first came into existence in 1990, few industries were affected more than the hotel industry...

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California – OSHA and Transgender Rights Poster Updates

California has recently released two new laws that carry mandatory posting requirements with them. The new Transgender Rights and California OSHA Update posters must be displayed along with other required workplace notices in a prominent and accessible location in the workplace January 1, 2018. All employers must comply with the rulings.  Labor Law Center shares the update.

California has recently come out with two new labor compliance posters that employers will need to comply with as they begin 2018.

California OSHA Update:

The first poster is an update to the existing OSHA notice.  The updates to the poster include wording that is more distinct and clear in understanding the intent...

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New Mexico Judge Dismisses 99 ADA Lawsuits as Fraudulent and Malicious Entertains Sanction Motions

Judge rejects 99 ADA lawsuits against businesses throughout Albuquerque, New Mexico. The lawsuits, labeled as malicious and filed in bad faith, are the result of online advertisements designed to lure disabled plaintiffs into filing ADA lawsuits and harass business defendants into settlements. The recommendation to dismiss the cases suggests the plaintiff may be liable for almost $40K in filing fees, and opens the door for the 99 affected businesses to request sanctions against the plaintiff’s lawyer. Jim Butler and the Global Hospitality Group report the facts.

On October 26, 2017, a judge dismissed 99 ADA lawsuits, ordered an in forma pauperis plaintiff  (a person without funds to pursue the cost of a lawsuit) to pay filing fees of $38,300 and authorized the defendants to ...

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