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.
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.
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.
Laws Enforced by the EEOC
Harassment and the EEOC
Fair Labor Standards Act
Occupational Safety and Health Act
Family and Medical Leave Act
Worker Adjustment and Retraining Notification Act
Employee Polygraph Protection Act
Affirmative Action Plan
Completion of Required Government Forms
Local Licenses and Permits
Providing Adequate Training
Participate in Hearings
Role of Unions
Understanding Responsibilities and Limits
1. Explain the impact of laws that affect restaurant and foodservice operations.
2. Explain the federal employment laws that affect establishments.
2. Explain the federal employment laws that affect establishments continued…
3. Describe the state and local laws that regulate restaurant and foodservice operations.
3. Describe the state and local laws that regulate restaurant and foodservice operations continued…
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.
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.
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.
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.
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.
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.