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Dear John
A popular feature in The Restaurant Standard magazine, find an archive of clear and concise answers to labor-law-related questions from real restaurateurs from attorney John Boggs of Fine, Boggs and Perkins.
- June 10, 2011
- Lowering the boom
I terminated one of my managers today. I set up a meeting with him, and had the paperwork in order with the final pay. He threw up his hands and walked out. What am I supposed to do with the paperwork and final pay? Can I mail it? Do I call him to pick it up?
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- April 15, 2011
- Medical leaves are inherently tricky
One of my servers has been out on an injury since Jan. 4. On March 5, we received a note from her doctor stating that whe would remain unable to work for some time, with no date for return. She goes to the doctor again April 15. She's expecting to get her job back but we've had to hire someone to fill in part time. What are my obligations?
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- February 1, 2011
- Timekeeping records could help employer being sued
Two employees have brought claims against the restaurant saying they have repeatedly been denied their 10-minute breaks. How should I proceed?
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- October 1, 2010
- Salaried employees may not be exempt from overtime pay
My entire kitchen staff is salaried. I also pay vacation and holiday pay. It is actually a sweet deal for the kitchen staff. Is this legal?
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- August 1, 2010
- No need to overthink overtime
Is it illegal to schedule one our hourly employees overtime on a regular basis? The employee averages 45 hours per week totalling 90 hours per pay period.
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- June 1, 2010
- Pregnancy leave laws are a minefield
I have an employee who has been out on maternity leave for longer than the time allowed. I have since filled her position. Now she wants to return but I don't have a position for her. How should I proceed?
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- April 1, 2010
- Uniformity at a cost
I received a visit from the Department of Labor investigating an anonymous claim. We charge our employees $28 for shirts and $8 for hats. This is true and we aren't denying it. The inspector said I have to refund the staff for one shirt and one hat within two weeks, and that the department would return to confirm i had. Is this true?
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- February 1, 2010
- Manager bound to manual
My manager refuses to sign the safety manual acknowledgement form because he thinks if something were to happen on his watch, he could be personally sued. What should I do?
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- October 1, 2009
- Ailing employee may have right to take leave
An employee who has worked for me for 15 years recently had a heart attack and will be out sick for eight weeks. I want to do the right thing, but also want to know what my obligations are to him. We have less than 50 employees.
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- August 1, 2009
- Take a zero-tolerance stance to substance abuse on the job
How should I handle an employee who reported to work obviously under the influence of drugs or alcohol? She was unable to function or service her tables. What can I say?
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