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Employment Law Checklist For Restaurants

To avoid the potential exposure of an employment lawsuit and/or Department of Labor inspection/audit, restaurants owners would be well-advised to take preventative measures to minimize employment law problems and, in the event of a claim, to put their businesses in the best possible position.

Although restaurants face a broad variety of employment law issues, the following checklist addresses the preventative measures all restaurants should take to deal effectively with six areas of concern:

Harassment and Discrimination:

A policy and complaint procedure that addresses workplace sexual harassment and discrimination, including employee training

Wage and Hour:

Review of compensation practices for compliance with federal and state laws relating to minimum wage, overtime pay, recordkeeping, and youth employment

At-Will Employment:

A handbook provision, signed by employees, which emphasizing that they are employed at-will, and therefore subject to termination with or without cause or notice

Worker Eligibility:

Retaining completed I-9 forms for employees in a separate file and for three years after the employee’s hiring or one year after termination (whichever is first)

Business Losses:

Making sure employees are not held financially responsible for customer walkouts, register shortages, order mistakes and damaged equipment

Gratuity Practices / Banquet Contracts:

Assessment of tipping policy to make sure managers do not participate in a tip pool, that tips are properly reported, and that banquet and other contracts do not contain misleading references to “staff gratuities” or “service charges”

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   Confidentiality and Non-Competition Agreements · Union Avoidance · HR Policies and Procedures · Employment Discrimination Defense · Separation Agreements · Employee Discipline and Discharge · Commercial Litigation · Sexual Harassment Training · Workplace Investigations · Wage & Hour Law Compliance · Defense of FLSA Collective Actions · Employment Agreements · Reductions in Force and Restructurings · Directors and Officers Liability · Wrongful Termination Defense · Performance Management Training · Trademark Disputes · WARN Act Analysis · Breach of Contract Claims · Restrictive Covenant Litigation · Negotiation of Collective Bargaining Agreements · Social Media, Technology and Privacy Policies · Professional Liability Defense · Family and Medical Leave Compliance · Trade Secrets Litigation · Unfair Competition Disputes · Labor Arbitrations · HIPAA Compliance · Minority Shareholder Disputes · I-9 Compliance · Independent Contractor Analysis · Disability Laws and Accommodations · Consumer Fraud Act Defense · Wage & Hour Class Action Defense · Protection Against Unfair Competition · Fiduciary Liability · Partnership Disputes · Defense of Retaliation Claims · HR Compliance Audits · Sexual Harassment Defense · Prevailing Wage Law Compliance · Confidentiality and Non-Competition Agreements · Union Avoidance · HR Policies and Procedures · Employment Discrimination Defense · Separation Agreements · Employee Discipline and Discharge · Commercial Litigation · Sexual Harassment Training · Workplace Investigations · Wage & Hour Law Compliance · Defense of FLSA Collective Actions · Employment Agreements · Reductions in Force and Restructurings · Directors and Officers Liability · Wrongful Termination Defense · Performance Management Training · Trademark Disputes · WARN Act Analysis · Breach of Contract Claims · Restrictive Covenant Litigation · Negotiation of Collective Bargaining Agreements · Social Media, Technology and Privacy Policies · Professional Liability Defense · Family and Medical Leave Compliance · Trade Secrets Litigation · Unfair Competition Disputes · Labor Arbitrations · HIPAA Compliance · Minority Shareholder Disputes · I-9 Compliance · Independent Contractor Analysis · Disability Laws and Accommodations · Consumer Fraud Act Defense · Wage & Hour Class Action Defense · Protection Against Unfair Competition · Fiduciary Liability · Partnership Disputes · Defense of Retaliation Claims · HR Compliance Audits · Sexual Harassment Defense · Prevailing Wage Law Compliance

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For employers of all sizes, business owners, and managers, we provide employment law solutions on any issue involving employees: from human resources counseling and policy development, the defense of employment litigation, union avoidance strategies, collective bargaining, to workplace training and investigation.

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