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An overwhelming majority of workers in the American restaurant industry have suffered cyberbullying in the workplace at some point during their professional careers. Do they have any power under the law to make it stop? What can employers in the industry do to prevent and remedy such behavior? While no laws in America that explicitly prohibit “bullying” in the workplace, we know it happens. Employers in the restaurant industry have several tools at their disposal to address and prevent employee bullying in the workplace and foster an inclusive and thriving workforce.
The dearth of laws addressing workplace bullying in America starkly contrasts the robust network of laws Europe has had in place for decades. Generally, neither federal nor state employment laws expressly prohibit bullying at work, absent a connection between the bullying behavior and an employee’s protected characteristic, such as their race, religion, age, or disability, among others. However, there may be other legal causes of actions or claims that could arise from such conduct (e.g., laws aimed at requiring a safe workplace, tort law, criminal law, etc.).
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Keep up with the latest and dive into all areas of hospitality and travel news through our blog which features new articles regularly.
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Purchase Hospitality Law 5th Edition
Hospitality Law: Managing Legal Issues in the Hospitality Industry is a practical approach to hospitality law. To buy a copy, click here.
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The Potential Dangers of Mixing Energy Drinks with Alcohol
September 4, 2024 via Bar & Restaurant News
In recent years, the practice of mixing energy drinks with alcohol has become increasingly popular, especially among young adults. This trend, often seen in social settings like bars, clubs, and parties, raises significant health and safety concerns.
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How Florida’s New Comparative Fault Laws Can Help QSRs Reduce Liability Risk
August 26, 2024 via QSR MagazineWhile a recent Florida Supreme Court ruling establishes a precedent that will help reduce liability risks for restaurants serving alcohol, restaurants everywhere can and should take certain measures to reduce their liability exposure.
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Appeals Court Strikes Down Onerous 80/20/30 Tip Credit Rule: 7 Things Hospitality Employers Should Know About This Win
August 29, 2024 via HL Blog
A federal appeals court just delivered some good news to hospitality employers by blocking the Department of Labor’s infamous 80/20/30 rule, providing immediate relief to employers around the country by vacating the regulations in question.
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Beverage Sanitation in the Hospitality Industry: Key Practices
August 21, 2024 via Bar & Restaurant News
In the hospitality industry, beverage sanitation is as crucial as food safety. Proper beverage handling ensures that drinks are not only refreshing and enjoyable but also safe for consumption. Implementing rigorous sanitation practices can significantly reduce the risk of contamination and illness.
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Commercial establishments where alcoholic beverages are served (e.g., bars, restaurants) and social hosts who serve alcohol in non-commercial settings may find themselves potentially liable for damage, injury, and/or death caused by alcohol-related accidents involving individuals they have served. Critical issues addressed by toxicologists often involve interpretation and/or estimation of blood alcohol concentration (BAC) levels, associated clinical effects, and degrees of intoxication.
This white paper outlines how toxicologists help resolve questions regarding liability in the alleged over-service of patrons or guests that has led to damage, injury, and/or death.
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