Park News
www.parkworld-online.com
Park Law
by Heather M. Eichenbaum, Esq. and Kevin J. Kelly, Esq.
Screening Potential Employees A
s park operators, the safety and security of your guests are your top priorities. This fundamental directive guides virtually every decision you make; from the way you inspect your attractions to who you hire to staff
your facility. Given unlimited time and resources, you would study every applicant in detail to locate only those employees who are a textbook fit for your unique environment. However, executing such a level of pre-employment investigations for each of the thousands of applicants you receive is usually not possible for numerous reasons. So, what are you required to do when selecting your staff and what are the consequences if you fall short of those requirements? Although many venues have laws requiring criminal background checks for
employees who work directly work with children, these laws are normally directed at school employees. Very few states directly impose a statutory duty on park operators to conduct background checks. However, even if your jurisdiction does not impose a duty to perform a criminal
background check on applicants, diligent pre-employment practices remain essential in all jurisdictions. Situations can still arise in which you could face accusations of negligence for an employee’s tortious act, even though committed beyond the scope of his employment. This sort of accusation often takes the form of a claim for negligent hiring. Though the standard for negligent hiring varies by venue, this claim generally
requires that a plaintiff prove the employee who committed the wrongful act was unfit for his job and the employer knew or should have known that the employee was unfit. There is no simple answer to the question, “How can a plaintiff prove that we ‘should have’ known something?” How courts determine what you “should have known” about your employees depends on the situation. Typically, a court will look at the “totality of the circumstances” to determine if your pre-employment process demonstrated the exercise of “reasonable care”. Generally, absent a statutory duty, merely not performing a criminal background check is insufficient to trigger employer liability for an employee’s independent misconduct. However, a court will examine what steps you do take to assess an applicant’s fitness for his job. Having conducted a personal interview and verification of past employers and references, and scrutinizing any “red flags” will weigh in your favor should a negligent hiring claim arise. If the applicant volunteered that he was convicted of a crime, did you ask
follow-up questions? If you learned an applicant’s previous employer terminated him, did you investigate the details of the termination? If a plaintiff makes a claim for negligent hiring, his attorney will be probing your hiring process, looking for “gaps” to emphasize to the court. Your hiring practices must, therefore, cover as many of these gaps as practically possible. Because requirements differ between venues, consult with a knowledgeable
attorney to confirm that you comply with your venue’s laws. Remember that some jurisdictions have laws restricting the types of inquiries you can make, as well as the hiring decisions you can make if you learn about a criminal history. Equally important, an attorney can help review and shape your hiring practices to ensure you are in the best position to hire the safest and most qualified applicants, and to best manage a negligent hiring or supervision claim. Heather M. Eichenbaum is an Executive Committee Member with Spector Gadon & Rosen, PC, practicing in Pennsylvania, New Jersey, Florida, and New York. Ms. Eichenbaum concentrates her practice in the defense of amusement, hospitality, and recreation venues and sports entities. Legal counsel to, and a Board Member of, NAARSO, she is also a member of the NJAA, IAAPA, OABA, and IISF. For legal assistance regarding employment issues, reach her at: +1 215- 241-8856, or
heichenbaum@lawsgr.com.
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Concord Water Park is now Six Flags Hurricane Harbor Concord
Waterworld Concord will be rebranded Six Flags Hurricane Harbor Concord, when it opens this spring for the 2018 season. Northern California’s biggest waterpark will debut a new attraction, Splashwater Island, a water play structure by WhiteWater West featuring more than 100 interactive sprayers, a giant tipping bucket, water jets, and geysers. Guests will climb up ladders, splash down seven slides, and navigate multiple platforms and climbing nets. Guests will also enjoy new cabanas and lounge chairs. The park will also receive extensive theming and upgrades throughout the 30-acre property. A new entrance marquee will greet guests as they first enter the park. Other
upgrades will include newly renovated dining areas and retail shops. Many of the water slides and attractions will receive fresh, brightly-colored paint treatments and new signage.
Big plans and investments for Holovis
Holovis, creators of technologies for the enterprise, entertainment, and simulation sectors, has announced a multi-million minority investment from Hong Kong listed corporation Road King Investment and Asset Management Group. “This significant investment will allow Holovis to grow more strategically,
particularly in the Far East, whilst maintaining our market leadership position in delivering unique, innovation-led solutions for our global clients,” said Holovis CEO Stuart Hetherington. “We will also be deepening and extending our innovation pipeline bringing new and exciting products to market in the next 12 months.” In order to deliver opportunities across China, Road King has expanded its
investment division’s focus and brought together specialist technology companies – such as Holovis – to work alongside other complimentary businesses within their portfolio.
APRIL 2018
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