Delaware Restaurateur

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requesting the accommodation. Once an
employee requests an accommodation,
both the employer and employee should
engage in an informal process that
explores which accommodations may
be reasonable, but also allow business
operations to effectively continue.
Social Media
In recent years, restaurants have made
headlines when their employees have
posted about the restaurant on social
media. For example, we’ve all heard about
lawsuits where employees are joining
together and badmouthing employers,
and also posting inappropriate pictures
about restaurant patrons on social
media. The big question is when can
a restaurant take action against those
employees. A well-drafted social media
policy can answer these questions and
help limit your restaurant’s exposure in
this area. Although employers should be
concerned about what their employees
post on social media, they must also
be mindful of how social media use is
regulated. Employers should develop
and implement social media policies
that are practical and specific to their
needs, while also protecting employee’s
right to engaging in certain protected
activities under the law. Explaining those
rights to employees, and protecting your
own restaurant in the process, is the
importance of this type of policy.
Attendance and Discipline
The start of summer is the perfect
time to review attendance policies and
disciplinary procedures. Employees
should be reminded of how the schedule
is made, the call-out procedure and the
consequences for being late for a shift or
failing to report to work. Additionally,
employers must be vigilant in enforcing
disciplinary policies. Failing to discipline
one employee for missing a shift could
set a tone that the rules don’t apply to
everyone. Morale suffers when rules are
inconsistently applied.
Ultimately, there is no “one size fits all”
policy. Employers should monitor what
works best for them while also complying
with federal, state and local laws.
Dena B. Calo, Esq. is a partner at Saul Ewing
LLP and Gillian A. Cooper, Esq. is an associate
at the firm. They focus their practices on Human
Resources Risk Management and Labor and
Employment Law. Dena can be reached at
609-452-3135 and Gillian can be reached at
609-452-5021.