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Ensuring a Lawful Workplace. Chapter 8. Learning Objectives After completing this chapter, you should be able to:. • Explain the impact of laws that affect restaurant and foodservice operations. • Explain the federal employment laws that affect establishments.
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Ensuring a Lawful Workplace Chapter 8
Learning Objectives After completing this chapter, you should be able to: •Explain the impact of laws that affect restaurant and foodservice operations. • Explain the federal employment laws that affect establishments. • Describe the state and local laws that regulate restaurant and foodservice operations. • Describe the legal aspects of serving safe food. • Review the legal aspects of serving alcoholic beverages.
Learning Objectives continued: After completing this chapter, you should be able to: •Identify the procedures that should be followed to protect the operation from legal actions. •Explain how restaurant and foodservice operations should interact with unions.
Federal Laws Laws Enforced by the EEOC Harassment and the EEOC
Other Federal Employment Laws Fair Labor Standards Act Occupational Safety and Health Act Family and Medical Leave Act Worker Adjustment and Retraining Notification Act Employee Polygraph Protection Act
Other Federal Requirements EEO-1 Report Affirmative Action Plan VETS-100 Form Completion of Required Government Forms
State and Local Employment Laws Workers’ Compensation
Unemployment Insurance Local Licenses and Permits
Ensuring Food Safety Providing Adequate Training Performing Self-Inspections
Protecting the Operation from Legal Actions General Guidelines
Additional Strategies Participate in Hearings Maintain Certifications
Interacting with Unions Role of Unions Understanding Responsibilities and Limits
1. Explain the impact of laws that affect restaurant and foodservice operations. • Failure to follow applicable laws can lead to complaints, fines, and lawsuits. • Regulations are sometimes amended, so managers must keep current. • Laws and regulations impact a wide range of concerns including sanitation and alcoholic beverage service, scheduling and assignments, safety, union relations, wages and payroll, and benefits.
2. Explain the federal employment laws that affect establishments. • The EEOC enforces federal discrimination laws. • Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against someone on the basis of race, color, religion, creed, national origin, or sex. • Other laws relate to pregnancy and age discrimination, equal pay, employees with disabilities, and citizenship or immigration status. • Harassment is unwelcome conduct based on a protected class factor. • The U.S. Department of Labor administers some federal employment laws. • The FLSA establishes minimum wage, overtime pay, record-keeping, and child labor standards. • The OSHA helps businesses reduce workplace deaths, injuries, and illnesses.
2. Explain the federal employment laws that affect establishments continued… • The FMLA provides leave for specified family and medical reasons. • The WARN requires notice 60 days in advance of certain plant closings and mass layoffs. • Other laws protect persons who have served in military services and prevent employers from using lie detector tests, with certain exemptions. • Operations that contract with the federal government or serve as subcontractors must complete an EEO-1 report relating to discrimination; an affirmative action plan that establishes guidelines for recruiting, hiring, and promoting women and minorities; and a VETS-100 form applicable to special disabled, Vietnam-era, and other protected veterans employed.
3. Describe the state and local laws that regulate restaurant and foodservice operations. • State and local laws may address some of the same topics as federal laws. • The law applies that provides the most benefit to employees. • States administer workers’ compensation laws and unemployment insurance programs. • Managers should use an accident investigation process to determine causes of workers’ compensation claims. • A third-party administrator such as an insurance claims adjuster may assist in completing a report of injury form. • The cause of the accident should be determined, and the manager should keep a file of all information relating to the accident. • Operations must typically maintain a wide variety of local licenses and permits for building, renovation, food safety, occupancy, alcoholic beverage service, cabaret or live performance, and numerous others.
3. Describe the state and local laws that regulate restaurant and foodservice operations continued… • Managers must apply for all required local licenses and permits on a timely basis. • The operation’s concept is an important concern as applications are made. • The required licenses must be determined and processing lead times must be considered. • If an application is denied, the manager may be able to file an appeal. • Any actions related to conditional approval must be addressed.
4. Describe the legal aspects of serving safe food. • Safe foodhandling helps an operation avoid foodborne illnesses. • Local health codes are driven by the FDA’s Food Code. • Managers must implement policies and procedures to keep food wholesome and to ensure food safety. • Some use a Hazard Analysis and Critical Control Point (HACCP) system and food safety training. • They also perform self-inspections that supplement those made by local health departments.
5. Review the legal aspects of serving alcoholic beverages. • Serious consequences including fines or imprisonment result if alcoholic beverage laws are not followed. • State or local laws address the legal age to drink and to serve alcoholic beverages and the legal age to enter an establishment that serves alcohol. • Other concerns relate to serving intoxicated or pregnant guests, hours and type of service, and drink promotions. • Dram shop laws hold the server and the establishment responsible for the actions of those they have served.
6. Identify the procedures that should be followed to protect the operation from legal actions. • Managers must consistently follow policies and practices, keep current on workplace laws, and monitor employees’ compliance. • They must post required notices, keep accurate records, and allow employees to discuss issues and exercise their rights. • They must also effectively participate in hearings and maintain numerous certifications to provide evidence of licenses.
7. Explain how restaurant and foodservice operations should interact with unions. • Some operations are unionized; the union negotiates for its members. • A collective bargaining process renegotiates contract terms. • Union members may file grievances against an employer for breaking the terms and, if not resolved, may escalate to higher levels. • Managers must fully understand labor contracts and the laws that control union–employer relations. • The NLRA addresses the rights of employees to join a union, a union’s negotiation of labor contracts, and good-faith bargaining. • The Labor-Management Relations Act prohibits unions from requiring job applicants to join as a condition of employment unless stated in the contract. • It also prohibits unions from coercing employees and allows managers to talk about advantages and disadvantages of unionization.
Key Terms: Affirmative action plan (AAP) A plan that establishes guidelines for recruiting, hiring, and promoting women, qualified minorities, persons with disabilities, and covered veterans to eliminate the present effects of past employment discrimination. Arbitrator An impartial person who hears each party’s side of a case, weighs the evidence, applies the law, and makes a decision that is usually binding. Bargain in good faith A duty to approach negotiations with a sincere resolve to reach a collective-bargaining agreement. Collective bargaining The negotiation of the terms of a contract between representatives of a union and management. Dram shop law Regulations that hold a server and an establishment responsible for the actions of those they have served, also called third-party liability laws.
Key Terms continued: Equal Employment Opportunity Commission (EEOC) The federal agency that enforces employment discrimination laws related to age, sex, race, national origin, disability, creed, and religion. Executive order (EO) A proclamation issued by the president of the United States, with implementing regulations issued by federal agencies such as the U.S. Department of Labor. Foodborne illness A disease that is carried or transmitted to people by food. Food Code The federal government’s recommendations for foodservice regulations to prevent foodborne illnesses. Food safety management system A group of programs and procedures designed to control hazards throughout the flow of food. Grievance A complaint filed against an employer for breaking the terms of a labor contract.
Key Terms continued: Hazard Analysis Critical Control Point (HACCP) A system that focuses on identifying specific points within the flow of food that are essential for preventing, eliminating, or reducing a biological, chemical, or physical hazard to safe levels. Health code Local laws designed to ensure food safety. Hostile work environment An atmosphere characterized by unwanted sexually demeaning or intimidating behaviors in which a person is treated poorly or feels uncomfortable. Intoxicated Having a blood alcohol concentration (BAC) above the limit specified by the state in which the alcoholic beverage is sold or served. Labor contract The terms of employment that a union negotiates for its members with an employer, also known as an employment agreement. Labor union An organization designated by employees to negotiate their employment terms such as wages, benefits, discipline, and job security.
Key Terms continued: Lawsuit A claim or dispute brought in a court of law for adjudication. Mediator An independent third party who helps those involved in a dispute talk to each other and allows them to resolve the dispute. Protected class A group that lawmakers specifically protect from discrimination. Reasonable care defense A defense showing proof that an establishment did everything that could be reasonably expected to ensure the food served was safe. Strike An order to all union members at one or more locations to stop working. Subcontractor A business or person who does work for a company (the contractor) as part of a larger project. Third-party administrator (TPA) An insurance claims adjuster or an organization that manages insurance claims for a self-insured organization.
Key Terms continued: Unemployment insurance A program that provides benefits to workers who are unemployed through no fault of their own as determined by state law. Union dues Fees to help pay for the administration of the union. Union steward An employee who is elected by his or her coworkers to represent them to their employer. Whistleblower A person who exposes wrongdoing within an organization in the hope of stopping it. Workers’ compensation A system that states use to compensate employees when they are injured at work. Zoning ordinance A legal declaration of land-use policies for a city, district, or county that indicates for what purposes specific land areas can be used.
