Transcript Title of Chapter - Metropolitan Community College

Ensuring a Lawful Workplace
11
OH 11-1
10-1
 Human Resources Management and Supervision
Employment Cycle
Laws impact every area of the employment cycle.
OH 10-2
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
OH 10-3
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
OH 10-4
Costs of Foodborne Illness continued
 Increased insurance premiums
 Need for retraining employees
 Lowered employee morale
 Employee absenteeism
OH 10-5
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.
OH 10-6
Food Sanitation Laws
Most food codes contain provisions for:
OH 10-7

Food safety

Personal hygiene

Sanitary facilities

Equipment and utensils

Safe operating practices

Training

Enforcement procedures
Flow of Food
OH 10-8
Components of a Food
Safety Management System
 Active management control
 Use of hazard analysis and critical control point
(HACCP) system
 Adequate training
 Self-inspections
OH 10-9
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.
OH 10-10
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
OH 10-11
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
OH 10-12
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.
OH 10-13
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.
OH 10-14
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.
OH 10-15
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
OH 10-16
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.
OH 10-17

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.
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.
OH 10-18
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.
OH 10-19
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.
OH 10-20
OSHA Bloodborne Pathogens Standard
Requirements
 An exposure plan
 Training
 Personal protective equipment
 Hepatitis B vaccination
 Medical evaluation
 Recordkeeping
OH 10-21
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.
OH 10-22
Job Restrictions for Youth
Applicable laws require that these young workers be
protected while they are working at the restaurant.
OH 10-23
Restrictions for Youths
OH 10-24

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.
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.
OH 10-25
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.
OH 10-26
Ensuring Adequate Breaks continued
Applicable labor laws require, and employees
usually need, breaks from their work.
OH 10-27
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.
OH 10-28
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.
OH 10-29
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.
OH 10-30
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.
OH 10-31
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.
OH 10-32
Key Term Review
OH 10-33
•
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
Key Term Review
OH 10-34
•
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
Key Term Review continued
OH 10-35
•
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
Key Term Review continued
OH 10-36
•
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
Key Term Review continued
OH 10-37
•
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
Key Term Review continued
OH 10-38
•
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
Key Term Review continued
OH 10-39
•
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
Key Term Review continued
OH 10-40
•
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
Key Term Review continued
OH 10-41
•
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
Key Term Review continued
OH 10-42
•
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