Chapter 8
Ensuring a Lawful
Workplace
Hospitality Human Resources
Management and Supervision
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.
Chapter 8 Ensuring a Lawful Workplace
LAWS IMPACT THE OPERATION
Chapter 8 Ensuring a Lawful Workplace
FEDERAL LAWS
Laws Enforced by the EEOC
Harassment and the EEOC
Chapter 8 Ensuring a Lawful Workplace
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
Chapter 8 Ensuring a Lawful Workplace
Other Federal Requirements
EEO-1 Report
Affirmative Action Plan
VETS-100 Form
Completion of Required Government Forms
Chapter 8 Ensuring a Lawful Workplace
STATE AND LOCAL EMPLOYMENT LAWS
Workers’ Compensation
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Chapter 8 Ensuring a Lawful Workplace
Chapter 8 Ensuring a Lawful Workplace
Unemployment Insurance
Local Licenses and Permits
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PROVIDING SAFE FOOD
Chapter 8 Ensuring a Lawful Workplace
Food Sanitation Laws
Chapter 8 Ensuring a Lawful Workplace
Keeping Food Wholesome
Chapter 8 Ensuring a Lawful Workplace
Ensuring Food Safety
Providing Adequate Training
Performing Self-Inspections
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SERVING ALCOHOLIC BEVERAGES RESPONSIBLY
Chapter 8 Ensuring a Lawful Workplace
PROTECTING THE OPERATION FROM LEGAL
ACTIONS
General Guidelines
Chapter 8 Ensuring a Lawful Workplace
Additional Strategies
Participate in Hearings
Maintain Certifications
Chapter 8 Ensuring a Lawful Workplace
INTERACTING WITH UNIONS
Role of Unions
Understanding Responsibilities and Limits
Chapter 8 Ensuring a Lawful Workplace - Summary
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.
Chapter 8 Ensuring a Lawful Workplace - Summary
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.
Chapter 8 Ensuring a Lawful Workplace - Summary
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.
Chapter 8 Ensuring a Lawful Workplace - Summary
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.
Chapter 8 Ensuring a Lawful Workplace - Summary
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.
Chapter 8 Ensuring a Lawful Workplace - Summary
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.
Chapter 8 Ensuring a Lawful Workplace - Summary
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.
Chapter 8 Ensuring a Lawful Workplace - Summary
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.
Chapter 8 Ensuring a Lawful Workplace - Summary
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.
Chapter 8 Ensuring a Lawful Workplace
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 thirdparty liability laws.
Chapter 8 Ensuring a Lawful Workplace
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.
Chapter 8 Ensuring a Lawful Workplace
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.
Chapter 8 Ensuring a Lawful Workplace
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.
Chapter 8 Ensuring a Lawful Workplace
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.
Chapter 8 Ensuring a Lawful Workplace
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