III.         Associate Relations

1.   Wage and Hour

a.   Employment of Minors

. Work Permits must be obtained for all minors (under 18 years of age) and the original kept in the restaurant for the duration of the minor’s employment.

. Restrictions vary from state to state and are usually printed on the Work Permit. Be sure to read the permit carefully and adhere to the period and work allowed for minors.

. Work Permits are required by law to be retained for 3 years after termination or from the date associate turns 18 years of age. 

b.   Overtime

Federal law for overtime: 1.5 times the regular after 8 hours worked in one day or 40 hours in one week, or both. Overtime laws vary from state to state. See your posted State Labor Law poster for more information. 

c.    Breaks/Lunch

Employers must provide associates a minimum rest period of 10 minutes for each 4 hours worked. The 10-minute rest period should be in the middle of each work period. Associates are paid for the rest period.

Employers must provide associates with an unpaid meal period of at least 30 minutes whenever the associate is assigned to work more than 5 hours.

The associate may voluntarily agree in writing with the employer to waive his or her right to a meal period provided the associate does not work more than 6 hours in the workday. 

d.   Time Records

. All non-exempt associates are required to document their time worked.

. Clocking In and Out: Unless authorized by their supervisor, associates are not to clock in earlier than 5 minutes prior to assigned starting time nor later than 5 minutes after the end of their shift. 

e.    Termination Checks

. Voluntary:

   . If an associate voluntarily terminates with notice greater than 3 days, then the employer is required to have the associate’s final paycheck ready on his or her last day work.

   . If an associate voluntarily terminates with less than 3 days notice, then the employer must issue the final paycheck  within 72 hours from the day notice is given.

              . Involuntary:

         . If an associate is involuntarily terminated, then the employer must have the associate’s final paycheck on the date of termination. An associate may not be terminated until the final paycheck is issued.

     . Any unused, earned vacation or paid leave time will be paid out to the associate in the final paycheck. Any vacation time used, but not earned will be deducted from the final paycheck.

Note: Failure to comply with Final Termination Check policies or laws will result in disciplinary action for the responsible manager and may result in fines, penalties, or both---depending on the state’s laws. 

2.   Corrective Action/Termination

a.   Progressive Discipline

Associates are expected to observe policies, practices, and rules established and maintained by the company in support of the expected standards of associate conduct and behavior. It is important that all associates perform to the best of their abilities at all times. However, there may be occasions where associates perform at an unacceptable level, violate a policy, or commit an inappropriate act.

                . The company may choose to exercise discretion in utilizing forms of discipline that are less severe than termination in certain cases. Management will exercise its best judgment in determining the disciplinary process for teach situation. The object of the company is to treat similar situations in a consistent manner. However, the company reserves the right to terminate immediately for gross negligence or intentional violation of company policies.

                . Any conduct that , in the exclusive judgment of the company, interferes or adversely affects the company’s interest, business, guests, or associates is sufficient grounds for corrective action.

                  Verbal counseling: The discussion should include:

o  What the associate is doing incorrectly.

o  Procedures that associate needs to follow.

o  The negative effect of disregarding the Company’s position.

o  The corrective action necessary and a plan for follow-up to verify improvement of the situation.

o  The manager should document the discussion and give the associate a copy of the memo.

. Written warning: If a problem continues or reoccurs, the second and third steps are usually written warnings. The steps for a written warning include:

o  The specific nature of the infraction.

o  The date(s) of occurrence, or specific examples.

o  The effect of infraction upon efficiency of the department.

o  The steps taken by the supervisor to help the associate correct the problem---the associate will be asked to sign a memo that outlines the steps, a copy will be placed in the associate file and a copy will be given to the associate. Signatures represent that the associate heard the information and received a copy, they do not mean the associate agrees. If an associate refuses to sign a document, get a witness, review the information again, and ask the associate to sign one more time. If the associate still refuses, ask the witness to sign that they witnessed you reviewing the information with the associate.

b.   Suspension

  Periods of suspension are generally not paid and usually do not exceed more than 3 days. Examples of occurrence which may lead to suspension include, but are not limited to:

. When an investigation of suspected theft, dishonesty, etc., is being conducted.

. When an associate reports to work in a condition that inhibits acceptable performance (i.e., intoxication, inappropriate attire, etc.)

. When it is necessary to remove an associate who exhibits disruptive or abusive behavior, including insubordination.

c.    Termination

If the associate’s conduct is unsatisfactory or the associate continues to violate the same or similar rule, policy, or practice, after being sufficiently warned, the associate may be terminated. The final paycheck must be ready at the time of termination.

d.   More Serious Violations

. When an offense of such serious consequences occurs that immediate termination seems appropriate, the associate should be suspended without pay while management further investigates the facts of the offense and the appropriate action is decided.

. If the facts do not warrant termination, the associate will be returned to work. Depending on the circumstances, the manager will determine whether to pay the associate for their time off during the suspension.

e.   How to Handle Theft

If a manager suspects an associate of the theft,

. The manager should address the issue with the associate in order to obtain his or her reasons.

. Do NOT accuse the associate of theft under any circumstances.

. If there is sufficient evidence, the manager should suspend the associate without pay pending further investigation.

. The associate may be terminated for misappropriation of funds.