Employment Laws Bakers Need To Know About

Employment law is a crucial aspect of running a bakery, and there are several regulations that bakery owners must adhere to. These laws cover a range of topics, from employee contracts and working hours to pay, holiday entitlements, and employee rights. In this article, we will explore the key employment law considerations for bakery owners, including compliance with health and safety regulations, food safety standards, and labour laws. We will also discuss the importance of providing accurate allergen information and registering your bakery with the relevant authorities. By understanding and adhering to these legal requirements, bakery owners can ensure a safe and compliant work environment for their staff.

Employment contracts

For businesses dealing with classified information, confidentiality clauses can be added to the contract, preventing employees from disclosing sensitive information. Contracts can also be used to outline job roles and responsibilities, and to attract ideal employees with additional incentives.

There are several key elements that should be included in an employment contract:

• PTO/vacation policies
• Grievance procedures
• Non-disclosure and non-compete agreements
• Ownership agreements and assignment clauses
• Dispute resolution methods (e.g. mediation or arbitration)
• Provisions for breach of contract
• Duration of employment, if applicable
• General job responsibilities
• Severance pay, if applicable

It is important to note that most employees do not have employment contracts and work under an indirect employment contract, where the terms of employment are determined by state and federal laws.

When drafting an employment contract, there are several steps to follow:

• Title the contract clearly.
• Identify the parties involved, stating the business name and the name of the person being hired.
• List the terms and conditions, including working hours and severance packages, as determined by federal and state laws.
• Outline the job responsibilities, providing a clear picture of what is expected of the employee.
• Include compensation details, such as how the employee will be paid, which holidays are paid or unpaid, how overtime is calculated, and if there are annual bonuses.
• Use specific contract terms such as effective date, type of employment, notice, termination, dispute process, applicable law, and severability.
• Consult with an employment lawyer to ensure the contract complies with all applicable laws.

Working hours and pay

The working hours for bakers typically involve early morning shifts or overnight shifts, starting as early as 3:00 or 4:00 a.m. and continuing until mid-morning or early afternoon. Bakers usually work 8-12 hours per day, but this can vary depending on the bakery and the specific job role. During busy holiday seasons, bakers may be required to work longer hours.

For bakery employees aged 16 and 17, there are no restrictions on the number of hours they can work per day, but they are not permitted to operate certain hazardous equipment, such as power-driven meat processing machines and commercial mixers. Employees under 18 are prohibited from operating, feeding, setting up, adjusting, repairing, or cleaning these machines.

Fourteen and 15-year-olds are restricted in the number of hours and times of day they can be employed. They are also not permitted to perform any baking activities and can only undertake limited cooking tasks.

In the United States, the Fair Labor Standards Act (FLSA) sets standards for wages and overtime pay, requiring employers to pay covered employees at least the federal minimum wage and overtime pay of one-and-one-half times the regular rate for any hours worked beyond the standard workweek. The FLSA also restricts the hours that children under 16 can work in nonagricultural jobs and forbids the employment of children under 18 in certain hazardous occupations. Similar restrictions apply to agricultural jobs, where children under 16 are prohibited from working during school hours and in hazardous roles.

Holiday entitlements

In the UK, almost all workers are legally entitled to 5.6 weeks of paid holiday per year, also known as statutory leave entitlement or annual leave. This amounts to 28 days of holiday for those working five days a week. For part-time workers, the entitlement is calculated pro rata, i.e. 5.6 times the number of days in their normal working week. For instance, if someone works four days a week, they are entitled to 22.4 days of leave per year.

Employees start building up holiday entitlement as soon as they start work. This includes those with irregular working hours or part-year workers, who will accrue leave based on the hours they work.

Bank holidays can be included in the minimum holiday entitlement. However, employers are not obliged to provide these as paid leave. They can choose to include them as part of the 28 days of statutory leave.

Workers also have the right to accrue holiday entitlement during maternity, paternity, and adoption leave, as well as when they are off work sick. They can also request holiday leave at the same time as sick leave.

Upon finishing a job, employees must be paid for any holiday entitlement they have not taken.

Discrimination and harassment

Discrimination occurs when an employer treats an employee or job applicant unfairly due to their race, colour, religion, sex, national origin, age (40 or older), disability, or genetic information. For example, the EEOC sued Gracious Bakery for violating federal law by firing an employee due to a medical condition related to her pregnancy. This act of discrimination violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination due to pregnancy or related medical conditions.

Harassment in the workplace is defined as unwelcome conduct based on a person's race, colour, religion, sex, national origin, older age, disability, or genetic information. This includes offensive jokes, objects, or pictures, physical assaults and threats, and sexual advances or requests for sexual favours. Harassment is unlawful when it creates an intimidating, hostile, or abusive work environment or results in adverse employment decisions such as demotion, denial of promotion, suspension, or termination.

To address discrimination or harassment, employees can report these issues to the EEOC through their public portal, by submitting an online inquiry, or scheduling an interview. It is important to note that there are time limits for reporting, and a charge of discrimination must typically be filed within 180 calendar days. Employees can also report to their local government, specifically the local Fair Employment Practices Agency (FEPA), which handles anti-discrimination laws at the state and local levels.

In addition to federal laws, state laws may provide further protections against discrimination and harassment. It is essential for employers to understand and comply with all relevant laws to ensure a safe and respectful workplace for their employees.

Maternity and paternity leave

In the United States, the Family and Medical Leave Act (FMLA) is a critical piece of legislation that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. This includes leave for the birth and care of a newborn child, adoption, or foster care. To be eligible, employees must have worked for their employer for at least 12 months and 1,250 hours in the past 12 months, and the employer must have at least 50 employees within 75 miles of the employee's worksite. It's important to note that time taken off due to pregnancy complications can be counted against the 12 weeks of family and medical leave offered under FMLA.

Additionally, the Federal Employee Paid Leave Act (FEPLA) provides paid parental leave for federal employees, allowing for up to 12 weeks of paid leave for the birth or placement of a child. This leave is available during the 12-month period following the birth or placement and must be accompanied by a written agreement to work for the employing agency for at least 12 weeks after the conclusion of the leave.

According to a KFF Employer Health Benefits Survey, 25% of firms offer paid parental leave (maternity, paternity, or both) to at least some employees for the birth or placement of a child. This percentage increases for larger firms, with 35% of firms with 1,000 or more workers offering such benefits.

It's worth noting that there is currently no federal requirement for employers to provide paid leave for employees who are sick or need time off to care for a sick family member. However, some states and localities have passed laws to expand access to paid leave for their workers. As a result, it's important to check the specific laws and regulations applicable to your state or locality.

In summary, while FMLA provides unpaid leave for eligible employees, paid parental leave is not federally mandated across all employers. However, certain federal employees are covered by FEPLA, and some states and localities have enacted laws to provide paid parental leave. As an employer or employee, understanding these laws is crucial to ensure compliance and access to the appropriate benefits.

Frequently asked questions