Sharpen your Skills - Grubhub for Restaurants€¦ · As part of the RestaurantHER initiative, and...

T O O L K I T R E S O U R C E S

Sharpen your Skills

S U P P O R T E D B Y

2A T O O L K I T T O L E A D

S U P P O R T E D B Y

• LISTENING to employees to identify issues and opportunities• EMPOWERING women leaders on the team, both publicly and privately• ADDRESSING offensive talk in the kitchen swiftly and with repercussions• and DEFINING the culture they want to create and inviting their team to hold them accountable

From Grubhub to WCR and beyond, every RestaurantHER partner agrees that women in culinary deserve equitable opportunities and equitable pay. Across the business world, diverse workforces lead to better business outcomes. And promoting equity for women is simply the right thing to do.

L.E.A.D.

Women represent only 19% of chefs, and 7% of head chefs, across the culinary world. Beyond that, women chefs earn 28% less in base pay than their male counterparts.

Grubhub recognized these issues and saw the need for serious change. RestaurantHER was launched to champion and support restaurants, raise awareness about inequality in the restaurant industry, and help change things for the better. This initiative enables diners, culinary leaders, and industry organizations to work together toward these goals.

Grubhub is proud to have chosen WCR - Women Chefs & Restaurateurs, as a partner. WCR is an active resource for women seeking to advance their culinary education, gain professional recognition and create connec-tions and community in the food and beverage industry.

As part of the RestaurantHER initiative, and with support from Grubhub, WCR has developed this Sharpen Your Skills: Toolkit Resources for aspiring women chefs and culinary leaders, to help them navigate and address the challenges they face in the restaurant industry. The acronym L.E.A.D. stands for a pledge restaurants can take to make their culture more equitable—by:


KARA M. MACIEL developed the following tools to be used as guidelines—preferred, standard procedures within the industry.

Guide to Creating an Employee Handbook sets forth those policies which are legally required and/or absolute best practices for an employee handbook.

The guide’s companion piece, Checklist for Defining Culture, outlines those policies which would help a restaurant define their culture and set positive expectations for employees—a best-case scenario set of procedures, even if not legally required by an employer.

Evaluation Form for Employee Performance and Guidelines for Responding to Employee Concerns form a protocol for evaluation, and together assist employers in creating a forum for listening to employees, empowering them, and addressing harassment in the workplace.

Resources for employers in the hospitality industry that specifically address components of the L.E.A.D. pledge of listening, empowering, addressing harassment, and defining culture.

R E S O U R C E S F O R B E S T P R A C T I C E S


How to structure a handbookA handbook provides an opportunity to formally welcome new employees, introduce the restaurant, and explain expectations.

It is a centralized place for employees to look for answers to common questions.

Handbooks and signed acknowledgements can assist in an employer’s legal defense.

Employers should make handbooks available to employees at hiring, such as at the new employee orientations, and each time the handbook is updated.

Guide to Creating anEmployee Handbook



Welcome Statement • A brief description of the employer, its mission statement and culture.

Opening Disclaimer• Disclaimer noting that (1) nothing in the handbook creates a contract of employment; (2) the employer

has the right to modify or delete policies in the handbook without notice; and (3) the employment rela-tionship is at-will.

EEO Policy• Employers implement and maintain an EEO policy to:• Demonstrate their compliance with anti-discrimination laws.• Support a legal defense against discrimination claims.• Outline a complaint procedure for employees who feel they have been subjected to discrimination.• Anti-Harassment Policy • It helps to demonstrate reasonable care to prevent and promptly correct harassing behavior.

Anti-Retaliation Policy• Employers should always include anti-retaliation provisions in their EEO and anti-harassment policies

and consider a stand-along retaliation policy because retaliation can occur in contexts other than dis-crimination or harassments.

Disability Accommodations Policy • Best practice is for employers to implement and maintain a disability accommodations policy.• Paycheck Deductions• Describe mandatory and voluntary payroll deductions and to include a complaint mechanism for em-

ployees; it helps an employer meet the criteria for the safe harbor for improper deductions under the Fair Labor Standards Act.

Lactation Breaks• The FLSA requires employers to provide reasonable break time for employees who are nursing or breast-

feeding mothers to express breast milk.

Standards of Conduct• If an employer has to take corrective action against an employee, the standards of conduct policy can

serve as a neutral resource to demonstrate that the employee was aware that certain contested conduct was prohibited.

Health and Safety in the Workplace Policy• To help create and maintain a safety conscious culture and comply with OSH Act recordkeeping re-

quirements, many employers implement and maintain a health and safety policy.

How to structure a handbookR E S O U R C E S F O R B E S T P R A C T I C E S


Employee Benefits• Employers frequently provide benefits to their employees such as health insurance coverage and 401(k)

retirement plans.

• Refer employees to the benefit plan documents for specific details. Best practice is to remind employ-ees where these documents are located, for example, on the intranet. State that benefit plan documents are controlling.

Family and Medical Leave Policy• Employers covered by the Family Medical Leave Act (FMLA) must include a general notice explaining

the FMLA’s provisions. Employers should ensure that the policy accurately provides which category of employees are eligible for leave and the requirements that need to be met for such eligibility.

Military Service Leave Policy• Employers must provide military service leave to employees under the Uniformed Services Employment

and Reemployment Rights Act of 1994 (USERRA). Best practice is to implement and maintain a mili-tary service leave policy that outlines the eligibility requirements and procedures for employees who are absent from work to perform military service.

Employee Handbook Acknowledgement• Employers should include an acknowledgment of receipt, review and understanding at the end of their

handbook.

How to structure a handbookR E S O U R C E S F O R B E S T P R A C T I C E S


Drafting Guidelines Although a handbook must be tailored to meet the specific needs of an employer’s workplace, employers should consider:

• Using a positive and professional tone that matched the organizations culture• Using plain language to explain the employer’s policies and procedures• Evaluating the demographics of the workforce. For example, if employees speak a language other than

English, consider providing the handbook in an alternate language.• Including contact information for an employer representative who employees can contact if they have

any questions about the policies.

Welcome StatementMany employers begin their handbook with an introduction. This takes the form of a letter or memorandum from the General Manager or someone in management introducing the employer and the handbook, and wel-coming employees. It can also include a brief description of the employer, its mission statement and its culture.

EEO Policy

Anti-Harassment Policy

Anti-Retaliation Policy

Standards of Conduct

Performance Review Policy

Many employers implement and maintain a performance review policy to help employees understand how their employers structure the review process and what is expected with respect to their performance accountability.

Health and Safety in the Workplace Policy

Substance Abuse in the Workplace Policy

The Occupational Safety Health Administration (OSHA) considers substance abuse in the workplace an avoidable workplace hazard and strongly supports drug-free workplace programs.

Checklist for Defining Culture



Workplace Violence PolicyOSHA recommends employers create a zero-tolerance policy for workplace violence. Implementing and main-taining a workplace violence policy also can help an employer defend against a claim the employer violated the general duty clause.

Holidays, Vacation and Sick Days• Employers typically designate paid holidays. Some employers provide a certain number of vacation days

or sick days.• Determine whether vacation or sick days may be carried over from year to year.• Determine if the employer pays out any unused but accrued vacation or sick days at termination and the

conditions under which an employee can receive payment.• Bereavement Leave Policy• Best practice is to implement and maintain a written policy that outlines the eligibility requirements and

procedures for employees who are absent from work for bereavement leave.

Family and Medical Leave PolicyEmployers should ensure that the policy accurately provides which category of employees are eligible for leave and the requirements that need to be met for such eligibility.

Witness and Victims of Crime Leave PolicyMany employers accommodate employees’ need to attend courtroom proceedings. Outline the eligibility requirements and procedures for employees who are absent from work to act as a witness or attend to legal matters.

Employee Handbook Acknowledgement

Checklist for Defining Culture (cont.)



1. Self-Assessment and Summary of AccomplishmentsInstructions: This section should be completed by the employee and returned to the employee’s manager.

Which of the goals that you and your manager set in your previous review meeting did you meet in the past _______________ _________________________________ [TIME FRAME]? Which goals did you not meet and why?_______________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ ____________________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________

Please describe any successes you have had in the past ____ _______________ _____________________________________[TIME FRAME] and explain what, if anything, you learned from these experiences._______________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ ____________________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ Please describe any challenges you have faced in the past ____ _______________ _____________________________________[TIME FRAME] and explain if and how you overcame them. What could ____ _______________ _____________________________________ [EMPLOYER NAME] have done to help redress these issues?_______________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ ____________________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________

Additional job specific questions..._______________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ ____________________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________

EMPLOYEE NAME DATE OF HIRE

JOB TITLE MANAGER

DATE OF EVALUATION REVIEW PERIOD

Evaluation Form for Employee Performance


1 0A T O O L K I T T O L E A D

2. Performance RatingInstructions: This section should be completed by the manager. Using the rating key below, describe the employee’s performance in each of the listed performance categories, referring to the examples listed in each category that are relevant to the employee’s position. For each category, include specific, detailed examples illustrating your rating.

Exceeds expectations (3): Consistently exceeds expectations.Meets expectations (2): Meets all relevant performance standards.Needs improvement (1): Consistently underperforms in role.No basis (N/A): Insufficient opportunity to observe or not relevant to the job.

Job KnowledgeUnderstands restaurant’s products, policies and procedures; has appropriate technical skills, analytical skills and problem-solving skills; proficient in area(s) of expertise.

1 2 3 N/A

Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________

Communication SkillsHas appropriate verbal and written communication skills, including, for example, presentation skills, listening skills and customer service skills.

1 2 3 N/A

Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________

Productivity and Quality of WorkCompletes all assignments; performs work according to current guidelines and directives; pays attention to detail; produces work that matches expectations; produces work that is organized, presented professionally, thorough, complete, accurate and free of errors.

1 2 3 N/A Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________

Evaluation Form for Employee Performance (cont.)



AdaptabilityWillingly accepts a variety of responsibilities; adapts to new situations in a positive manner; displays openness to learning and applying new skills; is resourceful; generally seeks work process improvements.

1 2 3 N/A

Comments_________________ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ __________________

Professional DemeanorMaintains professional appearance appropriate to the job; exhibits sound judgment; maintains a high level of character and professional attitude; has positive relationships with managers.

1 2 3 N/A

Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________

Initiative and CreativityPlans work and accomplishes tasks effectively and of own accord; acts independently while keeping manager informed; makes constructive suggestions; continually looks for ways to improve and promote quality; looks for opportunities to take on more responsibility; actively seeks performance feedback.

1 2 3 N/A

Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________

Consistently meets deadlines; is punctual and can be relied on for planning purposes; displays effective planning and organizational skills.

1 2 3 N/A

Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________




Interpersonal SkillsWorks well with others to achieve restaurant’s goals; accepts constructive criticism; reacts positively to instruc-tions and procedures; effectively resolves conflict.

1 2 3 N/A

Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________

LeadershipProvides clear direction and purpose; models ethical workplace behavior; sets clear goals; empowers employees to achieve objectives; motivates, mentors and develops employees; displays effective decision-making skills.

1 2 3 N/A

Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________

ManagementMaintains a safe and healthy work environment; organizes and distributes work effectively; communicates behavioral expectations and performance standards; monitors, documents and evaluates employee conduct and performance; provides appropriate and timely feedback; builds a team that reflects high morale, clear focus and group identity; encourages and provides opportunities for employee growth; promotes equal opportunity; protects the rights of all employees.

1 2 3 N/A

Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________

Additional Job Specific Performance IndicatorAdditional job specific example.

1 2 3 N/A

Comments___ ________________ _______________ __________________________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ ________________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ _____________________________________________________ _______________ _______________ _______________ _______________ _______________ __________________




3. GoalsInstructions: This section should be completed by the manager with the employee’s input during the performance review meeting.

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________



4. Training and Development NeedsInstructions: This section should be completed by the manager with the employee’s input during the performance review meeting.

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________


5. Employee Comments

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

________ _______________ _______________ __________________________________________ _______________ _______________ _______________ _________________________________________

By signing this form, you confirm that you have discussed this review in detail with your manager. Signing this form does not necessarily indicate that you agree with this evaluation.

_____ _______________ _________________________________________ _____ _______________ _________________________________________Manager Name Employee Name

_____ _______________ _________________________________________ _____ _______________ _________________________________________Date Date




Value and Philosophy

_____ _______________ _________________________________________[EMPLOYER NAME] believes that understanding, investigating (where necessary), and responding to employee concerns promotes workplace satisfaction and improves the workplace overall by rooting out and correcting problems as they arise. Supervisors are often the first members of _____ _______________ _________________________________________[EMPLOYER NAME] to learn about a workplace concern. Employee concerns may include violations of rules or misconduct related to:

• Discrimination. • Harassment (sexual and otherwise). • Safety or health. • Working conditions. • Wage and hour issues. • Workplace rules. • Workplace violence or threats. • Theft.

_____ _______________ __________________________________________[EMPLOYER NAME] has developed these guidelines to assist all supervisors to respond effectively to employee concerns and to promote consistency in responses. If you have any questions about the guidelines or their application in a particular instance, please contact _____ _______________ _________________________________________ _______________ __________________________________________________ _______________ ______________________________________________ [NAME/POSITION/DEPARTMENT].

Guidelines for Responding to Employee Concerns



Responding to an Employee Concern, Grievance, or Complaint

Your reaction to an employee presenting a concern is a reflection on _________________ _______________________________________ [EMPLOYER NAME] and the employee’s perception of how ____________________ _________________________________________ [EMPLOYER NAME] treats its employees. When an employee approaches you with a concern, you should do all you can to represent _____ _______________ _________________________________________ [EMPLOYER NAME] in the most positive manner possible. Specifically, you should:

• Remove distractions to provide the employee with your full attention. Hearing employee concerns is an important part of your job, so ensure you focus on them when they arise. Consider moving to a quiet private location where you are less likely to be interrupted and be sure to let employees know they have your undivided attention.

• Explain your role to the employee. Specifically let the employee know that your role is to obtain the facts and help resolve the situation. Tell the employee to be as specific as possible so that you can respond in the most effective manner possible.

• Listen to the employee without interruption. Let the employee explain any concern without interruption. If the employee is not making sense for any reason, politely say “let me stop you for a minute to be sure I understand” and then paraphrase what you have heard so far to confirm its accuracy.

• Ask as many questions as necessary to understand the issue fully. Be sure to get the complete picture and all relevant details and issues from the employee. It is important to understand the entire situation before making decisions about how to act (for example, ask who, what, where, when, how, and why?). Ask follow-up questions until you feel confident you have exhausted the employee’s knowledge of the issue.

• Take the concern seriously. Thank the employee for reporting the concern and communicate your appreciation that the employee raised the concern so that you can ensure it is addressed. Refrain from reacting defensively or jumping to conclusions regardless of whether you believe the employee’s concern has merit. Avoid phrases like “Oh, that’s just how she is. Just ignore her” or “She did that to you? That’s sexual harassment!”

• Demonstrate understanding, but not necessarily agreement. Displaying empathy and understanding goes a long way toward alleviating employee concerns and building employee satisfaction. However, given the possibility of conflicting stories and facts, be careful not to express agreement with the employee’s position. Instead, empathize by using statements like, “I can understand why that would upset you.” Remain neutral about issues involving other people or whether the conduct complained of occurred.

• Clarify what assistance the employee is requesting. Understand how the employee would like to see the issue resolved so you may address the concern most effectively and to the employee’s satisfaction (assuming the employee’s requested resolution is the most appropriate one). Refrain from making specific promises about how the concern will be resolved or indicating that the requested resolution is appropriate.


Guidelines for Responding to Employee Concerns (cont.)


Informing the Employee of Next Steps

Once the employee has provided you with all of the information the employee possesses related to the concern, explain the next steps to the employee. Specifically, you should state that you will:

• Take steps to investigate (or initiate investigation by another_____ _______________ _________________________________________ [EMPLOYER NAME] representative) as necessary and resolve the concern to the best of your ability. Let the employee know that you will follow up and take steps to resolve the concern in the most effective way possible, even if you just elevate the concern to your supervisor or Human Resources, which will complete the investigation. If you can, let the employee know the likely next steps while leaving yourself room for flexibility to adjust as necessary. You might tell the employee that possible steps also may include discussing the issue with:

• Human Resources personnel to alert them to the issue and determine how to proceed; your supervisor; - the employee’s supervisor (if that is not you); - those accused of being involved in perpetuating any alleged wrongful activity; - those affected by any alleged wrongful activity; - witnesses to any alleged wrongful activity; - a designated investigator if appropriate, whether internal or external; and - law enforcement if necessary.

• The section Taking Action below provides specific guidance on the steps you should take once you have received the employee’s concern. If the matter involves ongoing or imminent danger or harm to any individual, advise the employee that you will take appropriate immediate action to end or prevent the harm and follow through.

• Handle the matter as confidentially as possible. Tell the employee you cannot promise complete confidentiality and that certain people will need to be made aware of the concern to address it. However, assure the employee that you respect the employee’s privacy and that you will do your best to share information only on a need-to-know basis. Explain that people who will need to know will likely include relevant _____ _____ ______________________________________ [EMPLOYER NAME] administrators, people mentioned in the complaint, and others with relevant information. If the employee refuses to go forward if the employee’s identity will be disclosed, explain that you cannot conduct a meaningful investigation or resolve the issue without making at least limited disclosures general findings and whether any corrective action has been taken to address the issue.





Informing the Employee of Next Steps (cont.)

• Request that the employee cooperate fully with any investigation and use their best judgment and discretion when discussing the investigation with others. Employees can be reminded that the employer expects its employees to cooperate fully in investigations and that the employee should not interfere with any investigation. While you can explain that the investigation may be more effective if the employee uses discretion about the investigation, you should not routinely instruct a non-supervisory employee not to discuss the investigation with the employee’s coworkers. However, you may request that non-supervisory employees not discuss the substance of investigations if you determine that confidentiality in a particular investigation is necessary.

• Inform the employee of the _____ _______________ _________________________________________ [EMPLOYER NAME]’s anti-retaliation policy. Remind the employee of _____ _______________ ____________________________________________[EMPLOYER NAME]’s policy against retaliation for making a complaint or participating in the investigation of a complaint. Assure the employee that _____ _______________ _________________________________________[EMPLOYER NAME] will not take any steps to retaliate against the employee and that the employee should immediately report any conduct the employee believes to be retaliatory. Also make clear that the employee cannot take any retaliatory action against any other employee who participates in the investigation.

• Notify the employee of the results of your follow-up or_____ _________________________ _________________________________________ [EMPLOYER NAME]’s investigation, if an investigation is necessary. Do not commit to promising the full scope of related information but inform the employee that you or another_____ _______________ __________________________ [EMPLOYER NAME] administrator will let the employee know the general findings and whether any corrective action has been taken to address the issue.

• Ask to be notified if any further related incidents occur or if any new information develops. Even when _____ _______________ _________________________________________[EMPLOYER NAME] becomes aware of a workplace problem, it cannot fully correct it if the employer is not aware of the full scope of the problem. Please remind the employee of this and ask to be notified about any further incidents or relevant information.




Taking Action

Once your conversation with the employee concludes, you should:

• Immediately report the complaint to the _____ _______________ _________________________________________[EMPLOYER LEGAL DEPARTMENT] and appropriate external authorities if there is an imminent danger to any employee. _______________ _________________________________________ [EMPLOYER NAME]’s first concern is to prevent or stop any imminent or ongoing danger to employees, so this should always be your first action if necessary.

• Immediately report the complaint to the ______ _______________ __________________________________________________ [EMPLOYER LEGAL DEPARTMENT] if any legal problem has been identified. Whether you think the employee’s complaint has any merit, you should report it to the legal department if the complaint raises any legal issues such as wage and hour issues, discriminatory or harassing conduct, or health and safety violations.

• If imminent danger or a legal issue is not immediately identified, report the issue to the Human Resources Department. While the employee initially contacted you about a particular concern, you must elevate the issue to the individuals who are most qualified to deal with it. When the issue does not involve imminent danger or a legal issue, the Human Resources Department is the most appropriate group. Specifically, you should contact _____ _______________ _________________________________________ [POSITION NAME], who will assist you in determining the best way to proceed with the concern. _____ _______________ _________________________________________________ [POSITION NAME] will also help you determine who else might need to be made aware of the concern (for example, your supervisor or the employee’s supervisor, or _____ _______________ _________________________________________ [EMPLOYER NAME]’s lawyers if any legal issues may be implicated).

• Confer with the appropriate _____ _______________ _________________________________________ [EMPLOYER NAME] personnel as determined above and decide on a plan for investigating the complaint as necessary. Before conducting any investigation, all administrative parties involved in the investigation should agree on an effective procedure for conducting the investigation. At this point, the Human Resources Department may decide that it is best equipped to further investigate the complaint, that the complaint should be elevated to the _____ _______________ _________________________________________ [EMPLOYER LEGAL DEPARTMENT], or that you should investigate.




Taking Action (cont.)

• If you are the individual conducting the investigation, ensure that you understand _____ _______________ _________________________________________ [EMPLOYER NAME]’s best practices for conducting internal investigations before proceeding. If it is decided that you should investigate the complaint, make sure to confer with the Human Resources Department and _____ _______________ __________________________________ [EMPLOYER LEGAL DEPARTMENT] for information about best practices for conducting internal investigations. Review any and all instructions provided to you and follow them to the best of your ability. Seek clarification where necessary. Inform the employee of the reasons for the investigation and the protections afforded to all participants, including that the _____ _______________ _________________________________________ [EMPLOYER]: - has a compelling interest in protecting the integrity of its investigations; and - has a strong desire to protect witnesses from harassment, intimidation, and retaliation, to keep evidence from being destroyed, to ensure that testimony is not fabricated, and to prevent a cover-up.

• If there are strong reasons to insist on confidentiality (such as witness safety concerns), then get the em ployee to acknowledge this before proceeding. Specifically, unless the employee is a supervisory employee, you should have the employee acknowledge in writing that: - _____ _______________ _________________________________________ [EMPLOYER] may decide in some circumstances that in order to achieve the objectives of the investigation. _____ _______________ __________________________________ [EMPLOYER] must maintain the investigation and its role in it in strict confidence; and - if _____ _______________ _________________________________________ [EMPLOYER] reasonably requires strict confidentiality and the employee does not maintain such confidentiality, the employee may be subject to disciplinary action, up to and including immediate termination.

• If you are the individual conducting the investigation, ensure that you conduct it as promptly as possible so that the concern can be addressed quickly. If your work schedule precludes you from conducting a prompt investigation for any reason, inform the other administrative parties involved in the investigation so that another individual can conduct it promptly or your schedule can be modified.

• Maintain confidentiality of the issue and the investigation consistent with your statement to the employee. Although complete confidentiality cannot be assured, disclosing facts and circumstances haphazardly can harm the investigation as well as the employee’s trust in management and ultimate job satisfaction.

• Once the investigation concludes, confer with the appropriate _____ _______________ _________________________________________ [EMPLOYER NAME] individuals and determine your findings, including what, if any, corrective action is required. It is important to make a group determination about the facts of the events, responsible parties, culpability, and appropriate corrective action where necessary to minimize any risk or allegations of bias by a single person.

• Once a decision has been made about the merits of the complaint and any corrective action and implementation has occurred (if necessary), meet with the complaining employee privately to update the employee about the findings of the investigation and whether any corrective action was necessary and implemented. Ask the employee to update you if the employee’s original concern persists, even after corrective action is implemented.




Final Considerations

Remember the following important points:

• Retaliation against any employee for raising an employment concern or participating in an internal investigation is absolutely prohibited. Retaliation could subject you and _____ __________________ ______________________________[EMPLOYER NAME] to legal liability. _____ _______________ _________________________________________ [EMPLOYER NAME] will discipline anyone who retaliates.

• Do not reinforce repeated complaints about invalid concerns. While it is important to acknowledge all legitimate employee concerns and to investigate where necessary, you are not obliged to acknowledge and empathize with repeated invalid complaints. When managing meritless complaints, remain polite and professional, but explain why you do not believe that further action by the employer is necessary and suggest that the employee raise the issue with _____ _______________ _________________________________________ [POSITION/DEPARTMENT] if the employee feels further attention must be paid to it.

• Do not respond rashly. Always check with the Human Resources Department or the _____ _________________ _________________________________________ [EMPLOYER LEGAL DEPARTMENT] before altering the terms and conditions of any employee’s employment (for example, terminating employment or modifying job characteristics).




This interactive map, created by Fisher Phillips LLP, shows just how much your state protects you against unfair pay practices.

Why a Map on Pay Equity?Pay equity issues are of increasing concern to employers and employees alike, and with good reason. The Equal Pay Act has been reinvigorated by recent political and legislative initiatives as well as social media. A number of bellwether states, including Massachusetts, California, New Jersey, Delaware, and Oregon, have enacted robust pay equality statutes, with more legislation on the horizon. Equal pay litigation is on the rise and multimillion-dollar settlements of class action lawsuits are being reported on a weekly basis. Activist shareholder groups are demanding that companies conduct pay audits to ensure employees are being paid fairly and in compliance with these new laws.

In response to the recent increase in new pay equity legislation and the challenges facing employers working to understand and comply with equal pay laws, Fisher Phillips has developed a Pay Equity Interactive Map. The map allows visitors to explore the pay equity laws of states and major cities by simply clicking on each state on the map.

The web-based tool delineates each state’s distribution of pay, by the following categories: • Gender-specific • Gender, plus Other Protected Categories • Salary History Inquiry Ban (State and/or Local Law) • No state-specific pay equity laws in effect at this time

The map is updated with the current statistics and includes a state-by-state breakdown of: • Statute • Classes protected • Key language on pay discrimination • Exceptions for pay disparities (including affirmative defenses) • Anti-retaliation • Other key provisions

Click on your state for easy access to state-specific rules, regulations, and tips regarding best practice.

FISHERPHILLIPS.COM/EQUITY

P A Y E Q U I T Y I N T E R A C T I V E M A P

http://FISHERPHILLIPS.COM/EQUITY


Kara M. Maciel is founding partner of Conn Maciel Carey—a law firm focused on Labor & Employment, Workplace Safety, and Litigation—and Chair of the firm’s national Labor & Employment Practice Group. She focuses her practice on representing employers in all aspects of the employment relationship, with a special emphasis on the hospitality industry. She has represented employers including national hotel chains, hospitality management groups, restaurants, spas, trade associations, food and dairy distributors.

Ms. Maciel works to create workplace solutions for her clients. She counsels clients on issues related to wage hour compliance, tip pools and tip credits, prevention of harassment and discrimination, effective employment policies and procedures, and developing a compliant employee handbook. Ms. Maciel advises unionized and non-unionized workplaces about rights and obligations under the National Labor Relations Act, including leading collective bargaining negotiations, defending unfair labor practices, and representing employers in union election petitions. She also defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, and Title VII, and the Department of Labor’s EEO/AA regulations.

Ms. Maciel lives in the Washington, DC area and has been selected to the Washington, DC Super Lawyers list from 2014-2019. A popular speaker at conferences and events across the country, including HR in Hospitality, Hospitality Law, Resort Hotel Association, she is also a member of the board of directors of Women Chefs & Restaurateurs.

Kara M. MacielC O N N M A C I E L C A R E YW A S H I N G T O N D C


Wendy McGuire Coats is a certified specialist in Appellate Law by the California Board of Legal Specialization, a distinction held by fewer than 400 California attorneys. Coats is a partner in the Fisher Phillips San Francisco office and leads the firm’s California Appellate Practice. She represents clients in all aspects of appellate litigation in state and federal appellate courts, particularly in navigating questions of first impression or rapidly evolving labor and employment issues.

Coats has briefed dozens of appeals and writs in the United States Supreme Court, the Ninth Circuit and Federal Courts of Appeals, the California Supreme Court, and the California Court of Appeal. Coats is a passionate and skilled oral advocate, who has argued before the Ninth Circuit Court of Appeals, the California Court of Appeal, and the California Supreme Court.

A trusted and recognized legal leader, Coats serves as Treasurer of the Contra Costa County Bar Association Board of Directors and chairs the Membership & Education Committee. On the state and national level, Coats is a regular contributor to the ABA’s Council of Appellate Lawyer’s publication, Appellate Issues and the California Women Lawyers amicus committee’s appellate briefing and recommendations. In 2016, she was named to Super Lawyers in Appellate Law, after receiving the Rising Star in Appellate Law – Northern California designation in 2009-2010, 2012-2015.

Prior to law school, Coats taught high school English, studied at the American Academy of Dramatic Arts, lived in London, and trained as a Writing Fellow with the Missouri Writing Project. In law school, Coats served as Editor-in-Chief of the Pepperdine Law Review. She won both the Vincent S. Dalsimer Moot Court Competition and the Armand Arabian Advocacy Tournament.

Wendy Coats has served on the board of directors of Women Chefs & Restaurateurs, where she launched their monthly Legal Bites column, addressing labor and employment issues facing the food and beverage industry. At the time of publication, Coats was just appointed California Superior Court Judge.

Wendy McGuire CoatsS U P E R I O R C O U R T O F C A L I F O R N I AC O N T R A C O S T A C O U N T Y , C A

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