Delaware Restaurateur

delawarerestaurant.org

Quarter 1

h r t i p s

he summertime is nearly upon

us. Time to take down those

shutters, hire new employees

and prepare returning personnel for

the much anticipated beach season.

Hiring season also creates the need for

a lot of paperwork: applications, I-9

forms, benefit information and other

employee forms. Don’t view this as a

chore; instead, look to onboarding as

the perfect opportunity to demonstrate

your restaurant’s commitment to equal

opportunity and compliance with state

and federal wage laws. Here are a few

great policies to get you started:

Tip Credit and Tip Notice

Delaware law requires that all employees

earn the minimum wage for services

performed in the workplace. The law

also allows employers to take a tip credit

against the minimum wage if employees

are engaged in occupations in which

gratuities customarily constitute $30 per

month in tips. An employee must still

make at least $2.23 per hour after the

employer takes a tip credit.

Any employer using the tip credit must

provide its employees a written notice

explaining that it will use this tip

credit. This tip credit notice is critically

important because the restaurant’s

failure to provide this notice to its

tipped employees can result in the

restaurant owing additional wages to its

tipped employees equal to the tip credit

the restaurant tried to take. This can

translate into significant dollars simply

because the restaurant failed to give the

employee one piece of paper. Therefore,

each restaurant should distribute the

tip credit notice and obtain a signed

acknowledgement of each employee’s

receipt of that notice. That way, there

can be no dispute that the restaurant

fulfilled its responsibility under the law.

Anti-Discrimination

Through your restaurant’s anti-

discrimination policy, you demonstrate

your commitment to diversity and fair

workplace. Along those same lines, we

encourage all restaurants to maintain

an Equal Employment Opportunity

(“EEO”) policy that informs applicants

and employees that the restaurant will

provide fair and equal treatment to all

employees in all areas of employment,

including hiring, firing, work assignments,

scheduling and discipline. This policy

should prohibit discrimination in the

workplace based on a person’s race,

color, gender, religion, national origin,

age, disability, veteran status and all

other protected classifications.

Additionally, Delaware recently amended

its anti-discrimination law and now

prohibits employers from discriminating

against an employee or applicant because

he or she has been the victim of sexual

assault, domestic violence or stalking.

Now is the perfect time to review your

restaurant’s anti-discrimination policy

and make any necessary updates.

Anti-Harassment

Anti-harassment policies are crucial in

places of employment, especially where

it is well-known that employees socialize

both inside and outside of work. In

restaurant environments, employees

engage in risky behaviors, and the policy

should inform all employees what is

prohibited and how to complain if they

feel harassed. Any complaint procedure

should identify different managers to

whomemployment can report complaints,

so that they feel comfortable making

complaints to anyone in the management

chain. The law requires restaurants

to distribute this comprehensive anti-

harassment policy to all employees, even

those who are seasonal. In doing so,

your restaurant can demonstrate legal

compliance and also better defend itself

against any claims if they arise.

Accommodations for Disabilities

Employers are required to implement

and maintain policies and procedures to

accommodate employees with disabilities.

Accommodations are modifications to the

work environment that allow the employee

to perform the essential functions

of the job. Examples of reasonable

accommodations include making facilities

accessible, modifying work schedules or

even reassigning an employee to a vacant

position more suitable for the employee

Getting Your Restaurant in Shape for Summer:

Understanding the Essential Policies

Dena B. Calo, Esq. and Gillian A. Cooper, Esq.