In order to protect his employees and himself likewise, every restaurant owner must implement restaurant employee rights in his restaurant.
Refusing to do so, you’re practically begging for one of your employees to sue you, due to the bad working conditions and risking a hefty fine which will cripple your business.
Restaurant laws and regulations are providing safer and healthier environment for every employee knowing his rights are determined by state or federal law.
Be that as it may, there are still plenty of those that fail to follow restaurant employee rights and mistreat their workers on daily basses.
Labor law violations are frequent in the restaurant industry and probably the biggest problem with that is money related.
Employer or employee? It doesn’t matter. You ought to know which rules are determined by law and protect your interest in the process.
The federal minimum wage is currently $7.25 per hour, but many states are individually boosting the minimum wages as they seem fit.
There is also a tipped minimum wage which is $2.13 per hour and can also vary depending on the state you work in.
You can check various state’s requirements for minimal wages here.
Restaurant Employee Rights For Overtime
Restaurants owner should pay their employees more money for all overtime hours worked above 40 hours per week. Overtime is paid 50% more than the regular working hours.
That’s why many owners limit the number of hours each employee works per week since it is an unnecessary expense.
To read more about overtime and tips check out this article.
Every tip belongs primarily to the worker and not his supervisor whether that’s a manager or the owner himself. Taking the tips from the employee who earned them is punishable by law.
However, there are some restaurants out there with a common practice of tip pooling. It’s especially fair to those working in the back of the house since they’re the ones without the opportunity to earn tips.
Restaurants without tip pooling are forced to give slightly higher wages to the back of the house employees or just charge the customer with extra service fee which then goes to the mentioned employees.
Criminal History Disclosure
Since it isn’t easy to find a job as an ex-criminal some states are implementing the new rule which forbids employers from considering a job applicant’s criminal history, except in limited circumstances.
That’s just one of the ways to reduce discrimination in the restaurant business. Race, religion, gender, national origin or any other discrimination against job applicants or employees is strictly forbidden.
There are various rules for hiring workers under 18 years old. When you verify their age you can figure out what’s allowed or not.
For those under 16 years, there are restrictions on the number of working hours per week, types of work conducted or the part of the day/week they’re working.
To find out more about underaged working rights, click here.
Status of the immigrant worker must be taken into special consideration before hiring such a person to be the member of your staff. It’s not the matter of discrimination but the matter of the law.
Be sure to validate your employees visa and working permit in order to dodge any further complications especially being accused of hiring illegal immigrant which is another law violation you’d like to avoid.