Here's a tip for management — keep your hands off of your employees' tips.
Tuesday, November 5, 2024
A tip on employee tips
Here's a tip for management — keep your hands off of your employees' tips.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, October 9, 2024
Tipped wages and sexual harassment
"Are you on the dessert menu? Because you look yummy."
Secondly, these are the types of comments to which customers expose servers in the hospitality industry on the regular. In fact, the restaurant industry has more sexual harassment claims than any other industry, with as many as 90% of women report experiencing some form of sexual harassment. In large part, I blame tipped wages.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, June 20, 2024
Long live Anchor Brewing! We'll have to wait and see about its labor union. ⚓ 🍻
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 21, 2024
Cheers to the CHEERS Act! 🍻
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 20, 2024
Bankrupcy, labor unions, and remaining union free
Fair State Brewing, one the nation's first unionized craft breweries, just filed for Chapter 11 bankruptcy protection.
Meanwhile and elsewhere, Aslin Beer Co. just said that it will voluntarily recognize the union petition filed by a group of its taproom employees to join the SEIU.
Evan Sallee, Fair State's founder and CEO, tells Eater than its union has nothing whatsoever to do with the bankruptcy filing.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 25, 2024
Join me at this year’s Craft Brewers Conference
If you google “brewery harassment” you’ll polish off an entire six-pack before you finish reading all of the horror stories.
🤮 “Breweries named in wave of sexual harassment claims; CEO steps down.”
🤮 “Brewery ownership group ‘steps back’ after sexual harassment claims.”
🤮 “’This behavior should not be endorsed or tolerated’: harassment allegations explored as brewery reportedly closes.”
🤮 “Couple who helped start major brewery accuse owner of sexual harassment.”
🤮 “Brewery founder steps away from operations amid allegations of sexism and racism.”
🤮 “Findings of investigation into toxic brewery workplace are ‘troubling and heartbreaking.’”
And on … and on … and on. It’s an epidemic in our craft beer industry.
Which is precisely why I am so excited to be returning to this year’s Craft Brewers Conference to present, “Crafting a Harassment-Free Craft Brewery.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 2, 2024
Discussing a couple of pay deductions for service-industry employees
Consider the following two policies, which restaurants and bars have implemented to save a few nickels against their tight margins:
“Effective Jan. 1, we will begin implementing a tip refund for credit card processing fees for all gratuities left on a customer’s credit card; 2.5% will be deducted from your final check-out for each such gratuity paid.”
“The full value of the check from which a patron flees the facility (‘dines and dashes’) will be deducted from the server’s paycheck.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 20, 2023
Craft beer isn’t facing an apocalypse … but the industry is changing
The tragic breaking point for major brewery closures is no longer "coming soon." It's a macabre event that has been framed as something perpetually on the horizon for years, but there's no use in denying it anymore–the great die-off is here. It's now. The culling of the herd is underway in 2023, and simply making great beer is no guarantee of survival.
I wholeheartedly disagree. I do not believe that craft beer is facing an "apocalypse."
So, what does this mean for our industry?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, November 6, 2023
Your business is not a charity
Your customers are not your bank. It’s not their job to bail you out from poor business decisions.
Here’s the Cliffs Notes version of what’s happened.
From 2015 - 2019, R. Shea was a small local brewery. In 2019, it opened a much larger, 60,000 square-foot second location, which enabled it to significantly expand its production and operations. That expansion, however, also included a vast expansion of its debt, to the tune of a $2 million SBA loan. A combination of the lingering impacts of Covid, rising wages and production costs, and skyrocketing interest rates have created a situation in which R. Shea in now unable to service that debt.
As a result, it just launched a GoFundMe campaign to raise … wait for it … $2.3 million. Thus far, it’s raised approximately $17,000.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 23, 2023
Is this what the future of union organizing looks like?
Last week, the employees of Creature Comforts Brewing Co. voted by a margin of 32-21 to reject the Brewing Union of Georgia as their bargaining representative and for their workplace to remain union-free. The National Labor Relations Board conducted and supervised the secret-ballot election, and the result presumes to reflect the choice of Creature Comforts' employees.
Except maybe that secret-ballot election is not the choice of Creature Comforts' employees?
I fully expect BUG to file a petition with the NLRB seeking a Cemex bargaining order. What is a Cemex bargaining order, you ask?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, October 16, 2023
Join me tomorrow: Tips on Tips webinar (free)
I spent my Saturday night at 8th Day Brewing Company watching my 17-year-old daughter, Norah, play a killer 3-hour set of music. When we sat down at our table, I was giddy to find the latest issue of The New Brewer, the bi-monthly trade magazine of the Brewers Assocation. That issue features my article on how to legally pay tipped employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, August 30, 2023
NLRB opens the tap for a union election at Creature Comforts Brewing Company … but will it matter?
It took more than seven months, but the NLRB has finally directed a union representation election at Creature Comforts Brewing Company. The NLRB will soon hold a secret ballot election over whether employees wish to be represented for purposes of collective bargaining by the Brewing Union of Georgia.
The bigger issue for Creature Comforts, however, is that even if it wins the election, the union will almost certainly use its four pending unfair labor practice charges against the employer to seek a bargaining order under the Board's recent Cemex decision (which the Board will apply retroactively).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 29, 2023
EEOC busts a quartet of hospitality employers for pervasive sexual harassment
In a press release, the EEOC announced the filing of a series of sexual harassment lawsuits against Las Vegas hospitality employers.
[The l]awsuits … allege sexual harassment towards employees by owners, supervisors and management, co-workers, and/or customers. The four lawsuits included allegations raised by workers throughout the hospitality industry, from housekeepers in hotels to waitstaff in both high-end and casual restaurants and bars. Allegations included the attempted rape of a young housekeeper, sexual assault, sexual solicitations, sexual comments, inappropriate touching, stalking, and other inappropriate behaviors.
These lawsuits are consistent with agency's enforcement priorities as outlined in its just-released Strategic Plan, which includes targeting education and enforcement effots to protect vulnerable communities.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 15, 2023
Not all reasonable accommodation standards are created equally
Consider this example, and then let's talk.
Lydia works as a cellar person in a brewery. The essential functions of her job include the ability to lift up to 40 lbs. and to move kegs that weigh as much as 160 lbs. She delivers a note from her doctor that says, "No lifting or moving more than 10 pounds."
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 18, 2023
A few wage and hour thoughts for beer festival season
As the weather warms up around the country and spring quickly transitions to summer, festival season will begin … including my personal favorite, the beer festival.
Beer festivals, however, raise a few specific wage and hour traps for participating breweries. Here's the 411.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 25, 2023
Tip credits, tip pools, and slutty vegans
Bar Vegan in an affiliate of Slutty Vegan, a plant-based restaurant chain that finds itself in the crosshairs of a wage-and-hour collective action lawsuit challenging how it pays its tipped employees. The issue focuses on the bar claiming a tip credit and paying its tipped bartenders less than the statutory minimum wage. That practice, in and of itself, is legal. What makes it allegedly illegal in this case, however, is how Bar Vegan distributes tips among its staff, and more specifically that it permits non-tipped employees to participate in a tip pool with its tipped bartenders.
That's an FLSA no-no.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 6, 2023
The craft beer industry has a sexual harassment problem
According to the EEOC, the industry that generates the most sexual harassment reports (at more than 14% of all such claims filed with the agency) is hospitality and food service, which includes craft breweries.
Indeed, according to a recent survey conducted by Women On Tap, 73% of women report experiencing sexual harassment while working in a pub/bar.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 28, 2023
A tip on tipped workers: pay them correctly or else
The Department of Labor has sued the owner of two restaurants claiming that servers were not properly paid overtime.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 28, 2023
Do your business’s philosophy, values, and vision match your mission statement
On this week's episode of The Start A Brewery Podcast, I join hosts Laura Lodge and Candace Moon, along with guests Ren Navarro (the owner/operator of Beer. Diversity., and my co-presenter at the upcoming Craft Brewers Conference) and Jason Gladfelter (of Vombuds, LLC) to discuss how a business's mission statement should align with and reflect its philosophy, values, and vision.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 31, 2023
Union avoidance vs. union busting
"A company that opposes a union organizing and presents both sides of this complex issue is 'union busting.'" This is what one commenter wrote in response to my recent post about union organizing at Creature Comforts Brewing Co.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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