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business
understanding management

Questions and Answers of Understanding Management

How does the Uniform Commercial Code help the guest who sues the restaurant for food poisoning?
What is the “foreign-natural test”? How do courts apply it?
What is the “reasonable expectation” doctrine with regard to objects found in food?
What does the court say in Allen v. Grafton with respect to the reasonable expectation doctrine?
How do truth-in-menu laws protect consumers?
Under New Jersey truth-in-menu laws, what acts on the part of food service establishments constitute “misrepresentation of identity of food”?
As implied in the McDonald’s case, what does the term “fresh” (as in “fresh orange juice”) suggest? If syrup is labeled “maple” syrup, what must that legally signify?
According to a bill before the New York City Council, what do the terms“homestyle” and “homemade” mean?
How do New York laws protect purchasers of kosher food? What are the food labeling laws for kosher foods in your state?
What does your state or city require with respect to the posting of notices when restaurants or hotels use pesticides?
What are at least three types of alcoholic beverage sales that are considered illegal?
What is the minimum age at which a person may legally purchase alcohol in your state?
Are there days or time periods when it is illegal to sell alcohol in your state? If so, what are they?
What is a Dram Shop Act?
Under many Dram Shop Acts, a plaintiff must prove certain elements of a statutory cause of action. What are they?
In some places without a specific Dram Shop Act, operations and servers have been held liable for damages. The factor behind this liability is server negligence. What is server negligence, and how
Under a state’s Dram Shop Act, hospitality operation owners may be directly liable to an injured or deceased party for various damages. What might the list of possible damages include?
What can hospitality operations do to help protect themselves from liability under state Alcoholic Beverage Control Laws and Dram Shop Acts?
What is the extent of a hospitality operation owner’s potential liability under state Alcoholic Beverage Control Laws and Dram Shop Acts in your state?
If a guest got intoxicated in your establishment, what would you do?
If the state minimum wage rate is more beneficial to the employee than the federal minimum wage rate, which wage rate must an employer apply?
What is the purpose of the Fair Labor Standards Act (FLSA)?
What is a tip credit? What tip credit does the FLSA allow an employer to take?
How does the U.S. Department of Labor define a tip?
How does the FLSA define a tipped employee? Are tips counted toward the employer’s obligation to pay the minimum wage? If so, when?
What are FICA taxes? Who pays them?
What requirements are provided in the U.S. Department of Labor’s regulations regarding meal credits for employees?
What are the maintenance requirements for uniforms under applicable federal laws? your state laws?
What restrictions on student employment at subminimum wage rates are included under federal law?
When employers are faced with applicable state and federal laws regarding child labor, which law should they comply with?
When is a retail establishment allowed to employ full-time students? How many such full-time students may a retail establishment employ?
Which employers are subject to the FMLA?
Which employees are eligible for a leave of absence under the FMLA?
How much leave is an employee entitled to under the FMLA?
Under what circumstances is an employee entitled to take a leave of absence under the FMLA?
What rules apply with respect to the continuation of employee health benefits during his or her leave?
What employment protection is provided under the FMLA for the employee who takes a leave?
What exception applies to highly compensated employees under the FMLA?
What prohibitions apply to an employer under the FMLA?
How is a “serious health condition” defined?
What kinds of leaves are available to spouses employed by the same employer?
How much notice does an employee have to give the employer in order to take leave under FMLA?
What penalties apply to employers for non-compliance with the FMLA?
What is the purpose of Title VII of the 1964 Civil Rights Act?
What federal statute gave women firmer grounds on which to protest sex discrimination in employment? What does this statute protect?
What rights does the Age Discrimination in Employment Act of 1967 protect?
What is the “bona fide occupational qualification” test?
What was the court's finding in Parliament House Motor Hotel v. Equal Employment Opportunity Commission (EEOC)?
According to the EEOC “Guidelines on Discrimination Because of National Origin,” what duty does an employer have to employees with regard to national origin?
What is an affirmative action program? Why are such programs adopted?
How does the ADA define a “qualified individual with a disability” with respect to an individual seeking employment?
What is an “essential function” of a job under the ADA?
To what extent must an employer make existing facilities readily accessible to and usable by employees with disabilities?
What does “reasonable accommodation” for an employee mean?
What constitutes an “undue hardship”?
Does the ADA require that someone with an infectious disease be prohibited from handling food?
What are the ADA requirements with respect to testing applicants before hiring?
What types of questions does the ADA prohibit in a job interview?
What steps must an employer take to try to prevent sexual harassment of employees by their supervisors?
What prohibitions are contained in the Employee Polygraph Protection Act of 1988 for the protection of current and prospective employees?
According to the Employee Polygraph Protection Act of 1988, when may employers use polygraphs or similar devices?
What types of employers are affected by the prohibitions outlined in the polygraph act?
When may an employer legally request a current employee to submit to a polygraph test?
What procedures must an employer follow before requesting an employee to undergo a polygraph test?
What must an employer include in the signed statement he/she provides to an employee designated to undergo a polygraph test?
What penalties would an employer suffer if he/she failed to provide substantial supporting evidence to an employee requested to take a polygraph test?
To whom may an employer disclose information acquired in an employee's polygraph test? When?
How do polygraph machines work?
What is the National Labor Relations Board (NLRB)?
What hotels and motels are covered by the NLRB jurisdictional standards?
What are the NLRB’s principal functions?
What is an “unfair labor practice” on the part of the employer?
When can the NLRB act on behalf of: (1) an individual employee; (2) an employer; or (3) a union?
What types of employee elections does the NLRA provide for? Who may petition for these elections?
The NLRA forbids employers to engage in a number of unfair labor practices.What are examples of such practices?
What is one of the most common unfair labor practices?
What are some examples of discrimination in employment forbidden by § 8(a)(3) of the NLRA?
What is an example of a unfair labor practice on the part of a labor organization?
What are right-to-work laws?
Do you as a hotel employee in your state have to join a union?
After someone files charges with the NLRB, how is the case processed?
Why does the employer have to complete a Form I-9 for all individuals who are hired?
What penalties are imposed by the federal government if the employer hires an illegal alien?
Under what circumstances would an employer’s hiring practices discriminate against an alien in violation of federal law?
What documents can be used to establish an employee's authority to work?
What documents can be used to establish the identity of a prospective employee?
How long must an employer retain Form I-9 for an employee?
What penalties may be assessed against an employer who knowingly hires or continues to employ an illegal alien?
What penalties may be assessed against an employer who fails to comply with verification requirements under the Immigration Reform and Control Act of 1986?
Why does the employer have to pay FUTA taxes on an employee's wages?
Does the employee have to report all of his/her tips to the employer? Why or why not?
Does the employee pay FICA taxes on his/her tips?
When does the hotel have to pay FICA taxes on members of an orchestra that the hotel hires to play at the hotel?
How are employee “wages” for federal withholding purposes defined?
What does the employer do with the taxes which the employer withholds from an employee’s wages?
What are the federal tip reporting requirements for hotel employees?
How do TEFRA regulations define a “large food or beverage establishment”
How long should a hotel retain its guest register?
What information does a guest register usually contain?
Why should you consult with the hotel’s attorney before letting another attorney look at your guest register?

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