Handling Prescription and Illegal Drug Use in the Workplace

The costs of an employee lawsuit can devastate both sides of a case. At her practice, former litigator and current restaurant employment lawyer Lexington Wolff advises industry employers on how to avoid such lawsuits in the first place.

In the latest episode for the new podcast Restaurant Masters, guest host Wolff discusses how to handle employee use of illegal and prescription drugs at your restaurant within the bounds of the law.

Drug use has always been a problem in the restaurant industry, but the issue has become more legally fraught for employers and employees alike in recent years.

“A lot of employers are under the misconception that they are entitled to a drug-free workplace, and that they have the power to influence that by any means,” says Wolff. “That is not exactly accurate. The law is really much more nuanced.”

In general, employers can test for illegal drug use at any time, and discipline employees who refuse to take a test. However, prescription drug employment laws are a bit less clear.

“If you’re going to test for prescription drug use, it’s very likely you’re going to learn about a medical condition or a protected disability that you otherwise had no reason to know about,” notes Wolff. And despite what some employers may think, “the less you know about a person’s protected status, the better.”

If you fire an employee or do not hire a candidate for a role after such an extensive test, you are opening yourself up to the possibility of a lawsuit. A candidate could effectively argue in court that you did not hire them because of their disability.

Listen to the episode above to learn more about developing a company-wide drug policy and the ins and outs of current marijuana laws.

Produced by:

Darisha Beresford

Darisha Beresford

Production Manager / Sr. Producer

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Restaurant Masters on Handling Sexual Harassment Complaints and Disability Discrimination

Employee lawsuits can be costly for both sides of a case. Former litigator and current restaurant employment lawyer Lexington Wolff uses her practice to advise industry owners who wish to avoid such lawsuits in the first place.

For the two launch episodes of the new podcast Restaurant Masters, guest host Wolff discusses the right way to approach sexual harassment complaints and disability discrimination.

With the rise of the Me Too movement, sexual harassment has become a more public concern for restaurant owners and industry operators. If a complaint is not handled effectively, a restaurant’s reputation can be irretrievably damaged overnight.

As a litigator, Wolff watched employers spend an “unbelievable amount” of time, money, and resources to defend themselves in court. And the individual cases were, almost always, completely preventable.

“The way you address this issue has an enormous impact on your workplace culture,” says Wolff. “The legal standard for sexual harassment is that employers have to stop conduct that they either know or should have known was happening in the workplace.”

Restaurant owners need to have a plan and protocol in place for complaints—including alternate channels of reporting. And complaints need to be taken seriously and fully investigated.

“There’s no such thing as an allegation that’s too small or too insignificant,” adds Wolff. “You want to make sure you do absolutely everything you can to show your employees that you care.”

Listen to the podcast above to learn more about cultivating a healthy workplace culture and the importance of decisive action after conducting a sexual harassment investigation.

Many employers today still only think of disabilities in the context of their common physical manifestations—deafness, blindness, or the need for a wheelchair. But mental disabilities are also protected under the Americans with Disabilities Act (ADA), and restaurant owners need to be careful in ensuring that they are doing all that they are legally required to do for their employees and potential hires.

“There’s no definitive list of disabilities under the law,” says Wolff. “And mental conditions are equally protected.”

According to Wolff, 8.5 percent of charges in 2018 disability discrimination cases were related to anxiety disorder, and 7 percent were related to depression.

Wolff encourages her clients to remember to keep the conversation open and supportive when approached by an employee asking for a disability accommodation. “Handle it on a case by case basis,” notes Wolff, “and work on it together with [your employee] to determine a solution.”

Check out the podcast above to get a deep dive into the rules for discussing a disability with a potential hire, and to better understand the concept of undue hardship in regards to requested disability accommodations.

Produced by:

Darisha Beresford

Darisha Beresford

Production Manager / Sr. Producer

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Gender Relations & Leadership: Outlook of the Future of the Food & Bev Industry

On this podcast recorded at Fodoable.io in Seattle, our host Yareli Quintana speaks with three leaders in the foodservice and beverage industry who also happen to be women. The conversation begins by each identifying some of the changes they’ve seen happen in their respected industries throughout the years.

First, you’ll hear from Zoi Antonitsas, executive chef of Little Fish, Seattle’s first modern-day craft cannery and restaurant which will be found in the heart of Pike Place Market once it opens. Chef Antonitsas has over 20 years of experience in the restaurant industry and says she’s been fortunate to have worked with incredible men and women up and down the West Coast.

“I’ve never really felt like I’ve ever been discriminated against as far as being a woman, with the exception of a few, I would say, financial question marks…,” says Antonitsas. “There have definitely been a couple of times where I’ve had to fight to get financial compensation for my work, where I know for a fact that some male counterparts have received more money without having to ask.”

Then, you’ll hear from Brenda Lobbato, the Northwest Region Vice President at Ste. Michelle Wine Estates. She got into the beverage industry 30 years ago and has been in her current role since 2016, where she manages 26 percent of Ste. Michelle Wine Estates’ revenue totaling to $698M. Lobbato shares with the speakers that she’s recently seeing a lot more women getting into the beverage industry, which, for a long time, has been a “good ol’ boys network.” She’s proud to share that she’s helping spearhead a women’s group within Ste. Michelle Wine Estates.

“We have this thing we call Women of  Wine... we call ourselves WOW and so we started this WOW organization from the standpoint of having concerns that affect all employees, but that women are bringing forward,” says Lobbato. “So, if that’s a mentoring program or that’s a skills program, like public speaking or financial acumen, whatever that is… it’s making those topics and resources safe to talk about.”

Throughout the podcast, you’ll also hear from Roz Edison, co-founder of Marination Ma Kai, a food truck turned into brick-and-mortar locations serving up Hawaiian-Korean fusion cuisine across Seattle. Ten years ago, Marination Ma Kai’s food truck was “the first on 10 rolling in the streets of Seattle.” That number has grown tremendously since then and now Edison and her business partner are also established entrepreneurs in the fast casual space.

“Sadly, though, I just came from a 3-day conference from my industry. It’s called the Fast Casual Executive Summit, so about 150 to 300 C-level folks from chains that range from 50 to 800 units. Almost every single panel had 100 percent white, male panelists…,” says Edison. “...I had really hoped I would run into a female CEO or a female director of operations. That, I’m not seeing in the fast-casual side of it.”

The four speakers later dive into topics like employee relations, mentorship, and hopes for the future of the industry as it pertains to women. Stay tuned to hear which direction this interesting conversation took and how each panelist feels about each topic discussed!

Why the Food Scene in “Forgotten Cities” Is As Important As Those in New York, Chicago, and L.A.

On this episode of Chef AF, our host Chef Jim Berman sits down with Chef Derek Stevens— a Steel City “burning star,” as he calls him, for shining bright in the local food scene. Stevens is the co-owner and executive chef of Pittsburgh’s Union Standard. Both gentlemen are Pittsburgh-natives and they focus their conversation around those cites that seem “forgotten” in the food world.

The two agree that as chefs they are always on the hunt for honest food. Chef Stevens is candid about his favorite Pittsburgh food spots, highlighting establishments like LeoGretta located in the Carnegie neighborhood and ran by Chef Greg Alauzen; as well as, DiAnoia’s Eatery in the Strip District and ran by Chef Dave DiAnoia.

“When I talk about those chefs… when I eat their food, I think ‘Damn, I wish I could cook like this guy’ you know?,” says Chef Stevens. “It’s really heartwarming in a way, you know? They really got it figured out. And sometimes they’re thinking the same thing [about other chefs].”

Listen to the podcast above to hear the full conversation, Chef Steven’s thoughts on the resurgence of downtown areas in cities like Detroit and Milwaukee, and how to cultivate interest for a local food scene in a “forgotten city.”


Show Notes:

  • 1:55 - Chef Derek Stevens’ Background

  • 4:07 - Favorite Pittsburgh food spots

  • 7:37 - Comfort Food vs. Fine-Dining

  • 12:47 - Cultivating Interest for local food scene

  • 17:19 - Incubators and the food scene

  • 23:13 - Labor Shortage

Hosted by:

Jim Berman

JIM BERMAN

Expert Columnist / Show Host


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Worse than getting burned? Losing your mind! Why Mental Health Matters

In today’s Chef AF episode, our host Chef Jim Berman speaks candidly with Chef Curtis Gamble of Pittsburgh’s Station restaurant about a very important topic not only within the restaurant industry but in society today.

Mental Health.

The two talk about the importance of having some sort of anchor outside of the work place, establishing open lines of communication about each individual’s goals, and simply adopting healthier lifestyle habits.

“I think on a day-to-day basis, as I’ve grown older… I’ve kind of calmed down, you know? To be totally candid, quit drinking, things like that… I’ve managed to keep more of a calmness about the kitchen work, a calm kind of intensity to it?,” says Chef Gamble. “And I think that’s translated well to keeping communication open… allowing people to be like candid with how they feel about certain things… the work loads that they have and things like that.”

Listen to the podcast above to hear the full conversation and learn some tips about how to better communicate with your fellow crew members!


Show Notes:

  • 2:26 - Meeting Chef Curtis Gamble

  • 3:50 - How is your head?

  • 5:47 - Work/Life Balance

  • 13:06 - BOH Hospitality

  • 16:59 - How to get your crew to feel comfortable to talk?

  • 23:40 - Advice for young chefs?

  • 26:49 - Blue Collar Work

Hosted by:

Jim Berman

JIM BERMAN

Expert Columnist / Show Host


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