Employment Law Considerations for Businesses with Alcohol Licenses
Owning a business that holds an alcohol license comes with unique challenges, particularly regarding employment law. From hiring qualified staff to ensuring compliance with alcohol service regulations, understanding the legal landscape is crucial. Here’s what business owners need to consider:
1. Minimum Age Requirements
State and Local Laws: Each jurisdiction has specific minimum age requirements for employees handling or serving alcohol. While New Hampshire sets a minimum age of 18 for most roles, Maine permits employees younger than 18 to serve alcohol under certain circumstances.
Verify Eligibility: Ensure all employees meet the required age for their roles. Implement strict verification processes during hiring. Additionally, Maine requires that employees have not been convicted of certain offenses, and requires businesses to keep employee verification of the same on file.
2. Training and Certification
Alcohol Service Certification: Many jurisdictions require bartenders and servers to complete Responsible Beverage Service (RBS) or similar certification programs. Both Maine and New Hampshire have low-cost or free online options available on their regulators’ websites.
Ongoing Training: Regularly conduct training programs to educate staff about responsible alcohol service, checking IDs, and preventing overconsumption.
3. Workplace Harassment and Safety
Harassment Prevention Policies: Alcohol-serving establishments are often prone to harassment issues due to customer behavior. Implement clear anti-harassment policies and train staff on proper reporting procedures while ensuring managers are responsive and conduct appropriate investigations.
Safety Protocols: Develop safety protocols to protect staff from aggressive or intoxicated customers. Ensure security personnel are present, if necessary, and are well-trained to handle such situations.
4. Hours and Overtime Compliance
Work Hour Regulations: Ensure compliance with state and federal laws regarding working hours and breaks, especially for younger staff. These rules change regularly so an annual review is recommended. The hospitality industry is typically the target of extensive regulator scrutiny in this area.
Overtime Policies: Accurately track working hours and compensate non-exempt employees for overtime.
5. Tipping and Wage Compliance
Tip Credit Rules: If using a tip credit system, understand the minimum wage requirements and inform tipped employees of their rights.
Tip Pooling: If implementing tip pooling, ensure compliance with laws regarding eligible participants and transparency. Given the changing regulatory landscape on this, you should not institute a tip pool without first clearing it with a legal advisor.
6. Employee Misconduct
Alcohol Consumption Policies: Establish clear policies regarding employee consumption of alcohol during working hours.
Disciplinary Actions: Outline disciplinary procedures for violations like drinking on the job, failing to card, or over-serving customers.
Conclusion
Employment law considerations for businesses with alcohol licenses extend beyond typical workplace regulations. By adhering to age requirements, training staff, preventing harassment, and ensuring wage compliance, business owners can create a safer and more compliant work environment. Being proactive in addressing these issues not only protects your business legally but also fosters a positive and responsible workplace culture. Compliance is hard work, but is necessary to long-term success. A trusted legal advisor with knowledge of the industry can help navigate the maze.
