Presentation Notes Laws and Regulations in the Food Service Industry Slide 1
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LAWS AND REGULATIONS IN THE FOOD SERVICE INDUSTRY
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 2
Copyright Copyright © Texas Education Agency, 2013. These Materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. For information contact: Office of Copyrights, Trademarks, License Agreements, and Royalties, Texas Education Agency, 1701 N. Congress Ave., Austin, TX 78701-1494; phone 512-463-7004; email:
[email protected].
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Copyright © Texas Education Agency, 2013. All rights reserved.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 3
Minimum wage Overtime pay Recordkeeping Child Labor Standards
FAIR LABOR STANDARDS ACT
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Copyright © Texas Education Agency, 2013. All rights reserved.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 4
Fair Labor Standards Act (FLSA) Wage and Hour Division (WHD) of the United States Department of Labor (DOL) administers and enforces the FLSA
Know Your Rights (click on link)
Protects workers from unfair treatment by employers Most full-time and part-time workers are covered
Copyright © Texas Education Agency, 2013. All rights reserved.
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Know Your Rights The U.S. Department of Labor's Wage and Hour Division (WHD) has developed the “Know Your Rights” video series in English and Spanish to provide workers with useful basic information in different scenarios that workers encounter in the workplace. http://www.dol.gov/whd/resources/kyrvideo.htm
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 5
FLSA - Minimum Wage The FLSA requires employers to pay covered employees minimum wage or more Minimum wage is the lowest hourly rate of pay that an employee can be paid legally Current minimum wage: $7.25 an hour
Exempt:
Tipped employees New employees during training period
Copyright © Texas Education Agency, 2013. All rights reserved.
Foodservice workers who earn tips can be paid less than minimum wage since tips can be considered part of the employee’s wages. The employer must make up the difference if the tips combined with the hourly rate do not equal at least minimum wage.
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Employers are also allowed to pay new employees less during a training period.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 6
FLSA - Overtime Pay
Establishes standards for overtime pay to covered employees Employer must pay at least 1 ½ times the employee’s regular rate of pay for all hours worked over 40 hours in a work week
Copyright © Texas Education Agency, 2013. All rights reserved.
An employee is paid at the overtime rate only for those hours over 40 in the workweek. These overtime standards may be different for certain employees.
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FLSA does not limit the number of hours in a day or the number of days in a week that an employer may require an employee to work as long as the employee is at least 16 years old.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 7
Recordkeeping An employer must maintain:
Employee’s full name and social security number Address, including zip code Birth date, if younger than 19 Sex and occupation Time and day of week when employee’s workweek begins Hours worked each day Total hours worked each workweek
Basis on which employee’s wages are paid Regular hourly pay rate Total daily or weekly straight-time earnings Total overtime earnings for the workweek All additions to or deductions from the employee’s wages Total wages paid each pay period Date of payment and the pay period covered by the payment
Copyright © Texas Education Agency, 2013. All rights reserved.
Source: Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA)
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Each employer shall preserve, for at least three years, payroll records, collective bargaining agreements, sales and purchase records.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 8
Child Labor Standards
Goal is to protect the health and educational opportunities of young people who choose to work Prohibits the employment of children in jobs that are considered hazardous Restricts hours for 14 and 15-year old individuals
Copyright © Texas Education Agency, 2013. All rights reserved.
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14 and 15-year olds may work: • After 7 a.m. and until 7 p.m. • Up to 3 hours on a school day • Up to 18 hours in a school week • Up to 8 hours on a non-school day • Up to 40 hours in a non-school week
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 9
Employees Employers
RESPONSIBILITIES
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Copyright © Texas Education Agency, 2013. All rights reserved.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 10
Employee Responsibilities
Must be aware of rights under the law Must follow laws
Must provide correct information about yourself and your job
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Copyright © Texas Education Agency, 2013. All rights reserved.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 11
Employers Responsibilities
Post notices Keep accurate records Responsible for know the law and enforcing it Train employees to understand and follow laws
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Copyright © Texas Education Agency, 2013. All rights reserved.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 12
Questions?
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Copyright © Texas Education Agency, 2013. All rights reserved.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
Presentation Notes Laws and Regulations in the Food Service Industry Slide 13
References and Resources Images: Microsoft Office Clip Art: Used with permission from Microsoft. Textbooks: Culinary essentials. (2010). Woodland Hills, CA: Glencoe/McGraw Hill.
Draz, J., & Koetke, C. (2010). The culinary professional. Tinley Park, IL: GoodheartWilcox Company. Reynolds, J. S. (2010). Hospitality services: Food & lodging. Tinley Park, IL: GoodheartWillcox Company. Video: Know Your Rights The U.S. Department of Labor's Wage and Hour Division (WHD) has developed the “Know Your Rights” video series in English and Spanish to provide workers with useful basic information in different scenarios that workers encounter in the workplace. http://www.dol.gov/whd/resources/kyrvideo.htm
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Copyright © Texas Education Agency, 2013. All rights reserved.
Laws and Regulations in the Food Service Industry Copyright © Texas Education Agency, 2013. All rights reserved.
