Ensuring a Lawful Workplace

1. Ensuring a Lawful Workplace • Human Resources Management and Supervision 1 1 OH 11-1

2. Employment Cycle Laws impact every area of the employment cycle.

3. Management Concerns Impacted by Laws Federal, state, and/or local laws impact each of these areas, and managers must know and consistently follow all laws applicable to their operations. • Sanitation and alcohol service • Scheduling and work assignments • Workplace safety • Union relations • Wages and payroll • Employee benefits

4. Costs of Foodborne Illness • Loss of customers and sales • Negative public relations • Loss of prestige and reputation • Embarrassment • Possibility of lawsuits and lawyer and court fees

5. Costs of Foodborne Illness continued • Increased insurance premiums • Need for retraining employees • Lowered employee morale • Employee absenteeism

6. Food Sanitation Laws • Federal level • The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) are involved in the food inspection process. • FDA writes the food code that provides recommendations about regulations to prevent foodborne illnesses. • State and local regulations are based on the food code, but can be adopted and interpreted differently.

7. Food Sanitation Laws • Most food codes contain provisions for: • Food safety • Personal hygiene • Sanitary facilities • Equipment and utensils • Safe operating practices • Training • Enforcement procedures

8. Flow of Food

9. Components of a Food Safety Management System • Active management control • Use of hazard analysis and critical control point (HACCP) system • Adequate training • Self-inspections

10. Ensuring Food Safety Managers and employees must carefully handle and monitor food in every step during its flow through the operation to help ensure the safety of these customers.

11. Laws Relating to Responsible Service of Alcoholic Beverages • Legal age to drink and serve alcoholic beverages • Legal age to enter establishment • Serving intoxicated guests • Hours/type of service • Drink promotions • Employee service certifications

12. Ensuring a Fair Workplace Preventing sexual harassment • Employers have a legal obligation to protect employees from sexual harassment. • Sexual harassment is unwelcome behavior of a sexual nature that interferes with the employee’s job performance. • Quid pro quo—one person asks for or expects favors of a sexual nature from another person as a condition of employment or advancement • Hostile environment—one that is extremely demeaning or intimidating

13. Preventing a Hostile Environment • Implement a zero tolerance policy. • Help employees understand what sexual harassment is, how to avoid it, and how to deal with it. • Encourage open communication. • Set a good example for employees. • Actively look for signs of harassment.

14. Managing a Harassment Complaint • Discuss the complaint with the person who reported it. • Try to collect evidence. • Assure confidentiality for the person reporting the harassment. • Inform senior management.

15. Managing a Harassment Complaint continued • Change the work schedule, if possible, so affected employees do not work together. • Discover if there were witnesses;interview them. • Interview the accused with a witness present.

16. Pregnancy Discrimination Act • Prohibits employers from discriminating against women on the basis of pregnancy, childbirth, or related medical conditions. • Healthcare plans must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions

17. Ensuring a Fair Workplace Americans with Disabilities Act (ADA) • Persons with covered disabilities cannot be discriminated against in the workplace when the disabled applicant/employee can perform essential job functions with or without reasonable accommodation. • The ADA also requires that disabled people, including customers, have equal access to buildings and public services. • Indicate that ADA is applicable to employers with fifteen or more employees on each workday during twenty or more weeks in the current or previous year.

18. More About the ADA Persons covered by ADA • Have a physical or mental impairment that substantially limits one or more major life activities. • Have a record of the impairment. • May be regarded as having an impairment. • Exhibit 11h (page 289) in the chapter to identify major life activities addressed by the ADA. • An employee must only meet one of the above conditions to be considered disabled. • Temporary impairments caused by alcoholism and illegal drug use are not covered by ADA.

19. Guidelines for Responding to Employee Illness or Disability • The food code, local health code, and/or ADA could apply. • It is legal and appropriate to express concern. • Managers may be restricted from asking certain questions in certain situations.

20. Managing Communicable Disease Situations • Maintain the confidentiality of employees who disclose health information. • HIV, AIDS, Hepatitis B and C, and Tuberculosis are disabilities under the ADA, and they cannot be spread through food or casual contact. • Normal precautions relating to safe foodhandling, sanitation, and first aid should be followed.

21. OSHA Bloodborne Pathogens Standard Requirements • An exposure plan • Training • Personal protective equipment • Hepatitis B vaccination • Medical evaluation • Recordkeeping

22. Communicating Workplace Hazards • The Hazard Communication Standard protects employees from physical health hazards. • To comply, employers must communicate information about potential hazards to employees that involves • Telling them how to avoid potential hazards • Assuring that hazardous materials are labeled • Providing Material Safety Data Sheets (MSDSs) • A document providing information about the chemical content of a material, instructions for its safe handling, and emergency information for treating someone who has been exposed.

23. Job Restrictions for Youth Applicable laws require that these young workers be protected while they are working at the restaurant.

24. Restrictions for Youths • The Fair Labor Standards Act (FLSA) restricts tasks that minors can perform in restaurant and foodservice operations. • Generally, youths aged sixteen and seventeen can work in front-of-house positions, but are restricted in back-of-house positions. • Youths who are fourteen and fifteen years old can work in front-of-house positions. The work they can do in other areas is restricted. • Generally, child labor laws prohibit children younger than fourteen from any type of work with some exceptions.

25. Time Restrictions for Youths • The federal government does not limit the hours worked by sixteen- to seventeen-year-olds. • There are federal restrictions on hours worked by fourteen- to fifteen-year- olds.

26. Ensuring Adequate Breaks • Most state labor laws require employers to give employees breaks after working a specified time. • Breaks allow employees a period of rest, and show that employers care about and respect employees’ needs. • A common industry arrangement for breaks is • Fifteen-minute break for every four hours of work. • Thirty-minute break for a six-hour shift. • Two fifteen-minute breaks and a thirty-minute meal break for an eight-hour shift.

27. Ensuring Adequate Breaks continued Applicable labor laws require, and employees usually need, breaks from their work.

28. Working with Employee Unions • Unions are designated by employees to negotiate their terms of employment. • Employment terms negotiated for union members are written into a labor contract. • When a labor contract is set to expire, union and company representatives renegotiate its terms in a process called collective bargaining. • Once a new contract is written, union members must vote to approve or reject it.

29. Working with Employee Unions • In some establishments, the employment terms negotiated for union members automatically apply to non-union members. • If a contract is rejected, the union may call a strike—an order for all union members to stop working. • Grievances are complaints filed against an employer for breaking the terms of a contract. • Managers have specific responsibilities and limits when they work in unionized properties.

30. Responsibilities and Limits of Managers in Unionized Properties • They must understand the labor contract and laws that control union-employee relations. • They must understand how day-to-day interactions with employees are affected. • They must bargain in good faith and reach agreement during negotiations.

31. Responsibilities and Limits of Managers in Unionized Properties • Employers cannot prevent employees from joining or forming unions or engaging in a group activity to change working conditions. • Managers can talk to employees about the “pros” and “cons” of union membership. They cannot threaten or bribe employees to influence their decision to join the union. • Another labor law influenced by unions requires that employers with one hundred or more employees must provide employees and government officials with sixty days notice if they plan to close the business or lay off a large number of employees.

32. General Guidelines for Complying with Laws • Follow the operation’s policies and practices. • 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.

33. Key Term Review • Active managerial control —proactive approach to address common risk factors responsible for foodborne illness • Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG)—government publication that architects, business owners, and other interested parties use to understand and comply with Title III of the Americans with Disabilities Act • Arbitrator —person who conducts hearings relating to a grievance and then makes a decision that is binding on the union and management

34. Key Term Review • Bargain in good faith —genuine attempt to reach agreement during negotiations • Bloodborne pathogens standard —standard developed by OSHA to protect people who may come in contact with blood in the workplace • Child labor laws —laws developed specifically to provide workplace protection for children and youth • Collective bargaining —process of union and company representatives renegotiating terms of a union contract

35. Key Term Review continued • Designated first-aid provider —employee appointed and trained to provide first-aid to injured persons at the operation • Dram shop law —regulation that holds the server and the foodservice operation liable for serving liquor to an already intoxicated person or someone who is under age • First aider —same as designated first-aid provider • Flow of food — path food takes through a foodservice operation

36. Key Term Review continued • Food Code —recommendations developed by the federal Food and Drug Administration to help foodservice operators prevent foodborne illnesses • Food safety management system —group of programs and procedures designed to control hazards throughout the flow of food • Foodborne illness —disease carried or transmitted to people by food

37. Key Term Review continued • Grievances —complaints filed against an employer for breaking the terms of a labor contract • Hazard Communication Standard (HCS)—standard developed by OSHA designed to protect employees from physical and health hazards • Health code —federal government laws designed to help ensure food safety • Hostile environment —atmosphere that is sexually demeaning or intimidating in which a person is treated poorly or feels uncomfortable

38. Key Term Review continued • Labor contract —employment agreement between a union and an organization • Layoffs —employee terminations due to economic factors or reasons other than job performance • Material Safety Data Sheet (MSDS)—document that provides information about the chemical content of a material, instructions for its safe handling, and emergency information on treating someone who has been exposed

39. Key Term Review continued • Mediator —person who makes a nonbinding recommendation to union representatives and management personnel about a grievance • Minors —people younger than eighteen years of age • Occupational Safety and Health Administration (OSHA)—agency within the federal Department of Labor that enforces the Occupational Safety and Health Act and develops detailed regulations and standards

40. Key Term Review continued • Potable water —water that is safe to drink or use as an ingredient in food • Quid pro quo —type of sexual harassment that occurs when one person asks for or expects an action of a sexual nature from another person as a condition of that person’s employment or job advancement • Reasonable care defense —defense against a lawsuit that involves proving that the operation did everything that could be reasonably expected to prevent the situation • Sexual harassment —unwelcome behavior of a sexual nature that has the effect of interfering with the employee’s job performance

41. Key Term Review continued • State dislocated worker units —state government agencies created by Title III of the Job Training Partnership Act • Strike —order to all union members at one or more locations to stop working • Union dues —fees paid by union members to help pay for the administration of the union • Union steward —union representative who represents the employees within a specific operation

42. Key Term Review continued • Unions —organizations designated by employees to negotiate their employment terms • Whistleblowers —employees who report a violation or possible violation of a law • Zero tolerance policy: policy that forbids all types of harassment by any person