Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. HOSPITALITY HUMAN RESOURCES MANAGEMENT AND SUPERVISION

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. ENSURING A LAWFUL WORKPLACE Chapter 8

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Learning Objectives 1.Explain the impact of laws that affect restaurant and foodservice operations 2.Explain the federal employment laws that affect establishments 3.Describe the state and local laws that regulate restaurant and foodservice operations 4.Describe the legal aspects of serving safe food

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Learning Objectives 5.Review the legal aspects of serving alcoholic beverages 6.Identify the procedures that should be followed to protect the operation from legal actions 7.Explain how restaurant and foodservice operations should interact with unions

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Need to know legal and regulatory environment to ensure compliance Must understand the intent of the laws and how they directly affect operation Not knowing or following can lead to complaints, fines and lawsuits Laws and regulations vary and can change from state to state Laws and regulations impact all areas Laws Impact the Operation

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Federal Laws Equal Employment Opportunity Commission(EEOC) – Laws that prohibit specific types of discrimination: Title VII of the Civil Rights Acts of 1964 Genetic Information Nondiscrimination Act of 2008 Pregnancy Discrimination The Equal Pay Act of 1963 The Age Discrimination in Employment Act of 1967 Title I of the Americans With Disabilities Act – Uniformed Services Employment and Reemployment Act (USERRA) – Immigration Reform and Control Act (IRCA) of 1986

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Federal Laws Discrimination not allowed at any stage of the employment cycle: – Job advertisements – Recruitment – Pre-employment inquiries – Application and hiring – Terms and conditions of employment Discrimination against protected classes not allowed after an applicant has been selected: – Job assignments and promotions – Pay and benefits – Discipline an discharge – Reasonable accommodation and disability – Training and apprenticeship programs – Employment references

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Federal Laws Harassment and the EEOC – To rise to the level of harassment, the conduct must: Be unwelcome Be frequent, severe, or pervasive Interfere with or create a hostile or offensive work environment

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Federal Laws Harassment and the EEOC (continued) – Situations that have been ruled to constitute a hostile environment include: Posting sexually suggestive pictures in employee work areas Consistently telling sexual jokes or stories that all employees can hear Tolerating employees who make sexually suggestive remarks within earshot of coworkers Allowing peer employees, customers, suppliers or any other person to persist in unwanted attention Allowing the use of derogatory terms to describe coworkers Allowing frequent physical contact

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Federal Laws Fair Labor Standards Act (FLSA) – Establishes minimum wage, overtime pay, record- keeping and child labor standards (see p. 241: hours for 14-and 15-year-olds) – Enforced by the Wage and Hour Division of the DOL – Does NOT regulate: vacation, holidays, severance or sick pay Premium pay for weekend or holidays Pay raises or employee benefits Discharge notice, reason for discharge, or immediate payment of final wages to terminated employees

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Federal Laws Occupational Safety and Health Act (OSHA) of 1970 – Protect workers by reducing deaths, injuries and illnesses – Ensures OSHA regulations are followed – Provides safety-training resources and activities – Encourages partnerships and alliances

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Federal Laws Family Leave and Medical Act (FLMA) – Unpaid, job protected leave for specific family and medical reasons Birth of a child or to care for a newborn within one year of birth Adoption or foster child within one year of placement Care for employee’s spouse, child or parent who has a serious health condition A serious health condition that makes the employee unable to perform the essential functions of his/her job

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Federal Laws Worker Adjustment and Retraining Notification Act – Employer must provide notice 60 days in advance of covered plant closings and covered mass layoffs Employee Polygraph Protection Act – Prevents employers from using lie detector tests for pre-employment screening or during the course of employment with certain exemptions

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. State and Local Employment Laws Unemployment Insurance – “Through no fault of their own” – Eligibility and requirements vary from state to state – Amount of compensation received depends on the amount an employee earned during an established period of time – Paid for a maximum of 26 weeks in most states but more may be available during times of high unemployment

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. State and Local Employment Laws Local Licenses and Permit – Determined by concept of the operation – Affected by zoning ordinances and liquor laws – Types: Building or renovation permits Food safety certifications Certificates of occupancy Alcoholic beverage permits Live performance license – May require periodic renewal

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Providing Safe Food Food Sanitation Laws – Control exercised at federal, state and local levels – USDA and FDA – FDA Food Code: Federal government’s recommendations for foodservice regulations Keeping Food Wholesome Ensuring Food Safety: HAACCP program Providing Adequate Training Performing Self-inspections

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Serving Alcoholic Beverages Responsibly Concerns addressed by state and local alcoholic beverage laws – Legal age to drink – Legal age to serve – Legal age to enter the establishment – Serving intoxicated guests – Serving a pregnant guest – Hours and type of service – Happy Hours and other promotions – Certification to serve

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Protecting the Operation from Legal Actions General Guidelines – Follow policies and procedures; most are based on applicable laws – Keep current on workplace laws – Monitor employees for compliance – Provide an “open door” for employees – Allow employees to exercise their rights – Post required notices – Keep accurate records

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Protecting the Operation from Legal Actions Additional Strategies – Participate in hearings on topics involving wages or medical bills for employees – Maintain certifications Health and sanitation Alcohol safety and service Occupancy Compliance with building codes Posted as required

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Interacting With Unions Role of unions – Terms of employment negotiated; – Collective bargaining process – Grievances – Try to resolve with help of union steward/representative – If not able, may need arbitrator (impartial person) or mediator (independent third party)

Copyright © 2013 by The National Restaurant Association Educational Foundation. Published by Pearson. All rights reserved. Interacting With Unions Understanding Responsibilities and Limits – National Labor Relations Act (NLRA) of 1935 Right of employees to join or not to join a union Right of employees to have the union negotiate a labor contract on their behalf Requirement that employers and unions bargain in good faith Employers cannot prevent employees from joining or forming a union, or engaging in group activity to change working conditions Taft-Hartley Act (1947) provides certain rights to employers and employees when dealing with unions