Restaurant Law Blog

Monday, November 18, 2013

Employment Law Issues Affecting Restaurant Owners in New York City

One of the most important areas of law which restaurant owners have to contend with is labor and employment. In New York City in particular, restaurant owners and operators find it challenging to keep up with the myriad of federal state and city regulations that apply to their establishments. Working with an attorney that has experience and expertise in these issues can help you stay in compliance and out of legal hot water.  

Labor Laws and Minors in Bars and Restaurants in New York City

For one thing, employing a minor under the age of 14 in the restaurant industry is illegal. When school is in session, 14 and 15 year olds may be hired, but for no more than 3 hours per weekday and 18 hours per week. It is also illegal to ask 14 and 15 year olds to work more than 6 days per week or between 7:00 PM and 7:00 AM. During school breaks or summer, they may work up to 40 hours per week, up to 8 hours per day. 16 and 17 year old employees can work up to 4 hours per day on weekdays and 8 hours per day on weekends and holidays, but no more than 28 hours per week. No minors are allowed to work for more than 6 days per week.
Restaurant owners who hire a minor must maintain an employment certificate and make it available for inspection. Owners are also prohibited from requiring minors to operate certain machines which may cause injury such as slicers and mixers.

Employment of Immigrant Workers in Bars and Restaurants in New York City

One of the most important steps restaurant owners must undertake when hiring employees is to require completion of an I-9 Employment Eligibility Verification form along with proper identity documents. And while hiring an undocumented employee is illegal, restaurant owners are still required to pay such individuals minimum wage, overtime and refrain from engaging in harassment or subjecting them to discrimination.

There are many other laws and regulations which pertain to employment of minors and immigrants in the restaurant industry. Consult a restaurant law attorney to ensure your remain in compliance.


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