Small Business Matters

[#1]

From labor laws to food safety laws and new regulations such as no smoking laws, understanding and achieving compliance with legal and regulatory requirements can have a big effect on the success of a restaurant operation.

Earlier this week I posted part one (focusing on minimum wage, tips, and overtime) in this two-part overview of the federal regulations that impact restaurateurs and links to where you’ll find more guidance.

This second post focuses on how your restaurant business can understand and achieve compliance with the laws that pertain to youth labor, immigration, food safety and taxes.

Restaurant-Specific Labor Laws

While there are many resources here to help small business owners understand and comply with labor and employment laws, the areas of labor law that are particularly relevant to the restaurant business are child and teen labor laws.

Working minors (under the age of 18) are entitled to the same minimum pay and overtime protections as adults, but they are subject to federal youth employment provisions that limit their work hours and restrict some of the tasks that they can do. You can get more information about employing youth workers at www.youthrules.dol.gov.

If you want to find out quickly and easily whether you are compliant with labor laws, use this quick Restaurant Employer Self Assessment Tool. The tool helps employers comply with the youth employment provisions of the Fair Labor Standards Act. It’s a handy way of preventing problems and achieving compliance.

Read more about employing youth in the restaurant business on Business.gov here.

Food Safety and Nutritional Labeling Laws

The FDA oversees food safety guidelines and regulations that are required for food labeling and the safe preparation, manufacture, and distribution of food products. You can get food safety regulation information for new businesses, as well as safe food handling and labeling guidelines here.

Your local government also enforces food safety and hygiene standards, and often-times publishes findings on the Internet for the benefit of the community. Get tips for working with your local health inspection team and being prepared for a surprise inspection here.

Working with Immigrants

The restaurant industry is in the spotlight when it comes to complying with immigration laws. With immigrants representing 10% of all workers employed in food service and preparation, you’re going to need to know about the immigration laws that affect your business.  Business.gov’s Small Business Guide to Immigration Regulations can help.

Taxes and Restaurant Owners

The IRS’ Restaurants Tax Center provides advice, guidance and links to the forms you’ll need to stay on top of record keeping, reporting employee tips, and tax forms.

Other Resources

• Business.gov - Get consolidated access to small business resources from all levels of government.
• How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Servi....
• Finding the Licenses and Permits You Need - This Permit Me tool helps you identify what licenses or permits your specific restaurant or food service business needs.
• Tips to Start Your Restaurant - A very useful blog with advice for starting and operating a restaurant.
• Starting and Owning a Restaurant - Blog about Construction, Planning, Marketing, Opening and Managing a New Restaurant.

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An important tool in operating a restaurant within the law is an Employee Handbbook written specifically for the state in which the restaurant is located and for the restaurant industry.  The Employee Handbook must be both state and federal law compliant in order to meet the requirements of the state and federal governments.

An effective restaurant Employee Handbook will have policies covering a number of areas including labor law matters, food safety, sanitation, cash control and employee injuries.

Message Edited by NicoleD on 07-24-2009 01:04 PM

[#3]

thanks for this article and resourses

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Message Edited by NicoleD on 09-08-2009 11:51 AM

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It is not that easy to set-up a restaurant or a food business. So many important things are needed to accomplish aside from the government requirements, the inner wanting to succeed is also very important. Hopefully, future restaurateur should take into consideration the toxic-free and preservative-free food for sale. Health is wealth so better to consider this scenario. Food safety first

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Message Edited by NicoleD on 09-08-2009 11:52 AM

[#5]

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Message Edited by NicoleD on 09-08-2009 11:52 AM

[#6]

I think anyone that has the guts to open a restaurant and also make sure everything is run in accordance with the law, deserves a BIG pat on the back. This type of business model can be a very expensive learning curve for any entrepreneur (since 95% of restausrants fail!). Anyway, these are some great tips to keep in mind, if you do not have a decent lawyer to help you out.

[#7]

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Message Edited by ChristineL on 01-29-2010 10:34 AM