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Employment Law in Hospitality
25
Flashcards
0/25
Minimum Wage Compliance
Employers must pay hospitality workers at least the federal or state minimum wage, whichever is higher.
Overtime Payment
Hospitality employers must pay nonexempt employees overtime at a rate of 1.5 times their regular rate for hours worked beyond 40 in a workweek.
Worker Classification
Employers must correctly classify workers as employees or independent contractors and comply with pertinent laws.
Anti-Discrimination Laws
Employers in hospitality must provide a workplace free of discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information.
Sexual Harassment Prevention
Hospitality employers are responsible for preventing and addressing sexual harassment in the workplace.
Reasonable Accommodation for Disabilities
Employers must provide reasonable accommodations to qualified employees with disabilities, unless it causes undue hardship.
Family and Medical Leave Act (FMLA)
Eligible employees are entitled to take unpaid, job-protected leave for specified family and medical reasons.
Right to a Safe Workplace
Employers must provide a workplace free from recognized hazards likely to cause death or serious physical harm.
Work Authorization and Immigration
Employers must ensure that all employees, regardless of nationality, are legally authorized to work in the United States.
Break and Meal Periods
Employers must adhere to state-specific laws regarding break and meal periods for employees.
Uniforms and Dress Codes
Employers can enforce dress codes and uniforms but must consider costs and potential discriminatory effects.
Termination and At-Will Employment
Employers can terminate at-will employees at any time without cause but cannot violate anti-discrimination laws or contractual obligations.
Employee Privacy Rights
Employees have limited privacy rights in the workplace, but employers must respect those rights regarding personal belongings and personal information.
Tip Pooling and Sharing
Employers can require tip pooling, but there are restrictions on who may participate and how tips are distributed.
Employee Benefits and Health Insurance
Depending on the size of the business and other factors, employers may be required to offer health insurance and other benefits to full-time employees.
Paid Time Off (PTO) Policies
While PTO is not required under federal law, employers who offer it must do so in a manner that does not discriminate.
Serving Alcoholic Beverages
Employers must ensure compliance with laws on serving alcohol, including server ages, licensing, and training on responsible service.
Jury Duty Leave
Employers must allow employees to take time off for jury duty and may not penalize them for doing so.
Child Labor Laws
Employers must comply with federal and state restrictions on hiring minors and their working hours.
Employee Handbooks and Policies
Employers should provide employee handbooks outlining workplace rules and policies, ensuring consistency and legal compliance.
Labor Union Rights
Employers must recognize employees' rights to unionize, collectively bargain, and engage in concerted activities for mutual aid or protection.
Workplace Safety Training
Employers in the hospitality industry are required to provide adequate safety training to employees.
Posting of Labor Law Notices
Employers must display official labor law notices in conspicuous areas accessible to all employees.
Retaliation and Whistleblower Protections
Employers cannot retaliate against employees who exercise their rights under employment laws or report violations.
Immigration Law Compliance
Employers must adhere to immigration laws and may face legal action for employing unauthorized workers knowingly.
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